Good Samaritan Law and 9-1-1

"Good Samaritan" laws are policies that provide legal protections for individuals who call for emergency assistance (such as dialing 9-1-1) in the event of a drug overdose. These legal protections may include protection from arrest and/or prosecution for crimes related to drug possession, drug paraphernalia possession, and other crimes.

These laws are designed to encourage people to summon emergency assistance if they experience or witness a drug overdose.

Currently, 47 states and the District of Columbia have instituted Good Samaritan laws. Yet, lack of awareness and understanding of the protections these laws provide, as well as concerns about their limitations, may limit their effectiveness in encouraging overdose bystanders to call for help. In other words, fear keeps people from making what could be a life-saving call.

In South Carolina, the Good Samaritan Law, S.C. Code Ann. § 15-1-310, protects any person, who in good faith gratuitously renders emergency care, from civil liability arising out of any act or omission by such person in rendering the emergency care or in failing to act or arrange for further medical treatment or care for the victim, except when the acts or omissions amount to gross negligence or willful or wanton misconduct.

Similarly, the South Carolina Overdose Prevention Act, S.C. Code Ann. § 44-130-50, protects a caregiver who gives Naloxone (NARCAN) to a person whom the caregiver believes in good faith is experiencing an opioid overdose from civil or criminal liability. (Source: naloxonesavessc.org/good-samaritan)

Things to remember when you dial 9-1-1 to report an overdose:

• You must identify yourself with your real name
• You must remain at the location until first responders arrive

Do Good Samaritan Laws Work?

The U.S. Governmental Accountability Office (GAO) found that 48 jurisdictions (47 states and D.C.) have enacted both Good Samaritan and Naloxone Access laws. Kansas, Texas, and Wyoming do not have a Good Samaritan law for drug overdoses but have a Naloxone Access law. The five U.S. territories do not have either type of law.

GAO reviewed 17 studies that provide potential insights into the effectiveness of Good Samaritan laws in reducing overdose deaths or the factors that may contribute to a law's effectiveness. GAO found that, despite some limitations, the findings collectively suggest a pattern of lower rates of opioid-related overdose deaths among states that have enacted Good Samaritan laws, both compared to death rates prior to a law's enactment and death rates in states without such laws.

Findings also suggest that awareness of Good Samaritan laws may vary substantially across jurisdictions among both law enforcement officers and the public, which could affect their willingness to call 9-1-1. (Source: https://www.gao.gov/products/gao-21-248.)