Understanding the Good Samaritan Law in California: Saving Lives During an Overdose
Medically Reviewed by:
Dr. Marco M. Zahedi
Medical Director, Compassion Recovery Center
Dr. Michael Majeski
Licensed Psychologist (LP), Compassion Recovery Center
Table of Contents
Understanding the Lifesaving Power of California’s Good Samaritan Law
When a medical emergency strikes, especially something as terrifying and time-sensitive as a drug overdose, every second counts. The natural human instinct is often to help, but sometimes fear can paralyze us – fear of doing the wrong thing, or worse, fear of legal trouble. This is where a vital piece of legislation known as the Good Samaritan Law comes into play. In its simplest form, a Good Samaritan Law is designed to protect individuals who voluntarily offer assistance to those who are injured, ill, in peril, or otherwise incapacitated. The primary purpose of such laws is to encourage people to help others in emergency situations without the dread of being sued or facing legal repercussions if their efforts to help are not successful or inadvertently cause further harm, provided they act in good faith and within reasonable expectations of their training (or lack thereof).
The importance of these laws becomes critically magnified in the context of drug overdoses. An overdose is a severe medical crisis where immediate intervention can mean the difference between life and death. However, the presence of illicit substances often introduces a layer of fear: fear of arrest, prosecution, or other legal consequences for those present, including the person calling for help and sometimes even the person experiencing the overdose. This fear can lead to fatal delays in seeking professional medical help. Recognizing this deadly hesitation, many states, including California, have enacted specific Good Samaritan laws tailored to overdose situations. These laws aim to dismantle the barrier of fear, prioritizing the preservation of life over the immediate enforcement of certain drug laws. They send a clear message: saving a life is the most important action one can take in that moment. By understanding and trusting these protections, individuals are empowered to make that crucial 911 call that can bring emergency medical services to someone in desperate need. This introduction will set the stage for a deeper exploration of California’s specific Good Samaritan Law, its provisions, and how it acts as a beacon of hope in the darkest moments of an overdose crisis. Ultimately, these laws are not just legal statutes; they are lifelines, fostering a community where compassion and quick action are encouraged and protected. After the immediate crisis is averted, the journey to recovery begins, and that’s where resources like Compassion Recovery Center step in, offering pathways to healing through accessible remote IOP California programs and comprehensive drug rehab programs.
Diving Deeper: California’s Specific Good Samaritan Law for Overdoses
California, like many other states grappling with the opioid crisis and other substance use-related emergencies, has implemented a specific Good Samaritan Law aimed directly at overdose situations. This law is formally known as the “911 Good Samaritan” law and is codified in California Health and Safety Code Section 11376.5. Its primary objective is straightforward yet profound: to reduce overdose deaths by encouraging people to seek emergency medical help for someone experiencing an overdose without fear of arrest or prosecution for certain low-level drug violations. This law represents a critical shift in public health policy, acknowledging that fear of legal repercussions is a significant deterrent to calling for help during an overdose.
The key provisions of California’s Good Samaritan Law are designed to offer a shield of immunity. Specifically, it provides limited protection from arrest, charging, and prosecution for individuals who, in good faith, seek medical assistance for another person experiencing a drug-related overdose. This protection extends to offenses such as possession of a controlled substance for personal use, possession of drug paraphernalia, and being under the influence of a controlled substance. Crucially, this immunity applies not only to the person making the 911 call but also to the individual who is experiencing the overdose. This dual protection is vital because it ensures that help can be sought without implicating either party for minor drug offenses directly related to the emergency.
To benefit from these protections, certain conditions must typically be met. The individual seeking help must be acting in “good faith,” meaning their primary motivation is to obtain medical assistance for the person overdosing. They must typically remain with the individual needing aid until emergency medical services arrive, and cooperate with medical and law enforcement personnel at the scene. It’s important to understand that this law is not a blanket immunity for all drug-related crimes. For instance, it generally does not protect against charges related to drug trafficking, sales, manufacturing, or other more serious offenses like driving under the influence or violent crimes. Nor does it usually protect from outstanding warrants for other matters.
The historical context for the development of the California drug overdose law is rooted in the escalating overdose crisis that has affected communities across the nation and within the state. Public health officials and policymakers recognized that the traditional punitive approach to drug use was often counterproductive in life-threatening overdose scenarios. Instead of encouraging help-seeking, it fostered an environment of fear and secrecy, leading to preventable deaths. As overdose rates, particularly from opioids like fentanyl, surged, the need for a more compassionate and pragmatic approach became undeniable. California’s law, and similar laws in other states, emerged from this understanding, prioritizing life-saving intervention over minor drug arrests in these critical moments. The development of this law reflects a growing awareness that addiction is a public health issue and that saving lives must be the immediate priority. If you or someone you know needs support after such an incident, reach out today to learn about our compassionate care options, including telehealth addiction treatment.
The Good Samaritan Law in Action During an Overdose Crisis
When an overdose occurs, time is of the essence. Every minute that passes without intervention significantly decreases the chances of survival and increases the risk of long-term health complications. This is where California’s Good Samaritan Law, specifically the California drug overdose law (Health and Safety Code Section 11376.5), plays a crucial, life-saving role. The law is designed to empower individuals to act swiftly and decisively by removing the fear of certain legal repercussions.
Imagine a scenario: someone at a small gathering or even a public place suddenly shows signs of an overdose – perhaps they are unresponsive, their breathing is shallow or has stopped, their skin is clammy, or their lips and fingernails are turning blue. In this moment of panic, a bystander, friend, or family member might hesitate to call 911 if they know illicit drugs are present or if they themselves have used substances. They might fear arrest for themselves or for the person in distress. California’s Good Samaritan Law directly addresses this fear. It provides legal protection for individuals who call for emergency medical help during an overdose. This overdose legal protection California covers the caller and the person experiencing the overdose from arrest, charging, and prosecution for low-level drug offenses like simple possession of controlled substances for personal use, possession of drug paraphernalia, or being under the influence.
The application of the law is practical and focused on the immediate emergency. When a call is made to 911 reporting a suspected overdose, the primary goal of first responders – paramedics, firefighters, and often police – is to provide medical assistance and save the person’s life. Under the Good Samaritan Law, if the call was made in good faith to seek medical help, the individuals involved should not face charges for these specific minor drug violations at the scene. For example, if police arrive with paramedics and see drug paraphernalia or small amounts of drugs consistent with personal use near the person who overdosed, the law intends to prevent arrests for those items when medical help was sought. This encourages honesty and cooperation with first responders, which can be critical for effective treatment. It is important to stay with the person until help arrives and provide any information you can about what substances might have been used, as this can guide medical treatment.
Consider these examples where the law has been, or could be, critically applied:
- A college student calls 911 for their roommate who has overdosed on pills. Both students may have been experimenting with drugs. The caller, protected by the Good Samaritan Law, can focus on getting help without fearing arrest for possession of any drugs found in their shared dorm room that were for personal use.
- A family member finds a loved one unresponsive due to a heroin overdose. Drug paraphernalia is present. The family member can call 911 knowing the priority is saving their loved one’s life, and both they and the individual overdosing are shielded from prosecution for possession related to the immediate scene.
- At a party, someone collapses after ingesting an unknown substance. A friend, though initially scared because illegal drugs are being used, remembers the Good Samaritan Law and calls for help. This action, prioritized over fear, can save a life.
Furthermore, while the Good Samaritan Law primarily focuses on protection from drug charges when calling 911, it works in concert with other vital life-saving measures. For instance, California law also provides legal protections for individuals who administer naloxone (Narcan), a medication that can reverse opioid overdoses (Health & Safety Code § 1714.22). The Good Samaritan Law creates an environment where bystanders are more likely to have and use naloxone if they are trained, knowing that the subsequent essential step of calling 911 for follow-up medical care is also protected. The emphasis is always on the preservation of life. After the immediate crisis, the journey towards recovery is paramount. Compassion Recovery Center offers comprehensive alcohol rehab programs and drug treatment options, including virtual rehab California, to support individuals in their path forward. If you need to understand your coverage for such services, you can verify your insurance online quickly and confidentially.
Understanding Your Protections and Their Limits Under the Law
California’s Good Samaritan Law (Health and Safety Code Section 11376.5) offers significant legal shields in overdose situations, but it’s crucial to understand both the extent of these protections and their limitations. The core purpose is to save lives by encouraging people to call 911 without fear of certain legal consequences. The law primarily provides immunity from arrest, charging, and prosecution for specific low-level, non-violent drug offenses for the person seeking medical aid and for the individual experiencing the overdose. These offenses typically include: possession of a controlled substance for personal use, being under the influence of a controlled substance, and possession of drug paraphernalia. This Good Samaritan Law California protection is a powerful tool, designed to ensure that the immediate response to an overdose is medical, not punitive.
A cornerstone of this protection is the requirement to act “in good faith.” This means the person calling 911 must genuinely be seeking medical assistance for someone they believe is overdosing. The call cannot be a pretext to avoid arrest for other, more serious crimes or to interfere with a police investigation. Cooperating with emergency medical personnel and law enforcement officers when they arrive, and remaining at the scene until help arrives, are generally expected behaviors under the umbrella of acting in good faith. The law is intended to protect well-intentioned bystanders, friends, or family members who find themselves in a terrifying situation and prioritize saving a life.
However, it’s equally important to recognize the limitations of the law. The Good Samaritan Law is not a “get out of jail free” card for all drug-related or other criminal activities. Here are key aspects that are generally not covered:
- Drug Trafficking, Sales, or Manufacturing: The law does not protect individuals from arrest or prosecution for more serious drug offenses like selling drugs, intent to distribute, or manufacturing controlled substances. If law enforcement finds evidence of these activities (e.g., large quantities of drugs, scales, packaging materials suggesting sales), protections may not apply.
- Other Crimes: Immunity does not extend to other criminal offenses unrelated to simple possession or use at the scene of the overdose. This includes crimes like assault, domestic violence, driving under the influence (DUI), theft, or any other felony or misdemeanor not specifically covered by the statute.
- Outstanding Warrants: If an individual has an existing arrest warrant for a separate matter, the Good Samaritan Law will generally not prevent their arrest on that warrant.
- Probation or Parole Violations: This can be a complex area. While the law aims to prevent new charges that could trigger a violation, an individual’s probation or parole officer might still consider the circumstances. However, the spirit of the law is to reduce barriers to seeking help.
- Actions Beyond Seeking Medical Aid: The protections are tied to the act of seeking emergency medical help for an overdose. Actions like destroying evidence, obstructing an investigation, or fleeing the scene might negate the protections.
The intent of the overdose legal protection California provides is to ensure that the immediate, life-threatening medical crisis of an overdose is addressed without the participants fearing arrest for minor drug violations related to that specific event. It is a shield for a moment of crisis, not an impenetrable barrier against all legal accountability for broader drug involvement or other illegal acts. Understanding these nuances is vital. The law encourages a focus on health and safety, trusting that by saving a life, an opportunity for future recovery and change is preserved. If you or someone you know is facing challenges with substance use, reaching out for help is a sign of strength. Start your free assessment with Compassion Recovery Center to explore confidential and supportive treatment options. Our team can also help you check insurance coverage for our programs, including specialized dual diagnosis treatment for co-occurring mental health conditions.
The Profound Impact of Good Samaritan Laws on Public Health and Safety
The enactment and promotion of Good Samaritan laws, particularly those tailored to drug overdose situations like California’s Health and Safety Code Section 11376.5, have a profound and positive impact on public health and safety. At their core, these laws are a pragmatic public health intervention designed to reduce the tragic and often preventable loss of life due to drug overdoses. The primary mechanism through which they achieve this is by mitigating the fear of legal repercussions, which is consistently identified as a major barrier to individuals seeking emergency medical help during an overdose.
When someone is witnessing an overdose, their immediate thoughts might unfortunately include the potential for their own arrest or the arrest of the person in distress, especially if illicit substances are present. This fear can lead to hesitation, delayed calls to 911, or even no call at all – outcomes that can, and do, prove fatal. The Good Samaritan Law California directly confronts this hesitation by offering a degree of immunity from prosecution for certain low-level drug offenses. This assurance encourages people to prioritize life-saving actions. By knowing that they are protected, friends, family members, and even fellow users are more likely to make that critical call for help, significantly increasing the chances of survival for the person experiencing the overdose.
Numerous studies and reports from public health organizations, including the Centers for Disease Control and Prevention (CDC), have highlighted the effectiveness of Good Samaritan laws in increasing calls to emergency services and improving overdose survival rates. While specific statistics can vary by region and the specific parameters of the law, the consensus is that these laws are a vital component of a comprehensive strategy to combat the overdose crisis. For example, research in states with such laws has often shown an increase in the likelihood of bystanders calling 911 and staying with the victim until help arrives. This not only facilitates immediate medical intervention, potentially including the administration of naloxone by first responders, but also allows for quicker transport to a hospital for further treatment.
Beyond the immediate impact on survival rates, these laws contribute to broader public health and safety goals in several ways. They help to destigmatize addiction by framing overdose as a medical emergency rather than solely a criminal justice issue. This shift in perspective is crucial for encouraging individuals to seek treatment and support without shame. Furthermore, by saving lives, Good Samaritan laws provide individuals with the opportunity to enter recovery. Each life saved is a chance for that person to access drug rehab programs, engage in mental health treatment if needed, and rebuild their lives. This, in turn, benefits families and communities by reducing the social and economic burdens associated with untreated addiction and overdose fatalities.
The role of these laws in promoting overall public health and safety extends to fostering a more compassionate community response to addiction. They educate the public about the signs of an overdose and the importance of acting quickly. They also empower individuals with the knowledge that they can make a difference. When people feel safe to act, communities become safer. The overdose legal protection California offers is a testament to a public health-focused approach, recognizing that saving lives is paramount. Following an overdose event, the path to recovery can begin with services like those offered by Compassion Recovery Center, which provides accessible options such as Intensive Outpatient Programs (IOP) and Partial Hospitalization Programs (PHP), often available through flexible telehealth platforms. If you or a loved one needs support, don’t hesitate to get help now.
Compassion Recovery Center: Your Partner After the Crisis, Supporting Recovery and Understanding
The Good Samaritan Law in California is a critical first line of defense, designed to save lives during the immediate crisis of a drug overdose. It empowers individuals to act by removing the fear of certain legal repercussions. But what happens after the emergency medical services have left? What happens after a life has, thankfully, been saved? This is where the journey toward healing and long-term recovery begins, and Compassion Recovery Center is dedicated to being a supportive partner on that path. We believe that understanding laws like the Good Samaritan Law is important, but equally vital is knowing that comprehensive, compassionate help is available to address the underlying issues of substance use.
At Compassion Recovery Center, we actively support individuals in understanding their rights and the resources available to them, including the protections offered by the Good Samaritan Law California. While we are not legal advisors, we emphasize the importance of this law in encouraging life-saving action. Our primary focus, however, aligns with the crucial next steps: providing effective, evidence-based addiction treatment. Our services are particularly designed to be accessible and flexible, which is essential for individuals who may be navigating the aftermath of an overdose or seeking to break the cycle of addiction. We specialize in remote drug rehab Orange County, bringing high-quality care directly to those in need through telehealth.
Our range of services directly supports individuals who have been impacted by overdose, whether personally or through a loved one, and are seeking a path forward:
- Remote IOP California / Orange County IOP: Our Virtual Intensive Outpatient Program offers structured therapy and support without requiring a residential stay. This allows individuals in Orange County and throughout California to receive intensive treatment while managing work, family, or educational commitments. It’s an ideal step-down from more intensive care or a primary treatment option for those who qualify.
- Telehealth Addiction Treatment: We leverage technology to provide therapy, counseling, and support remotely. This increases accessibility, offers privacy, and can be particularly beneficial for those with transportation challenges or those who prefer receiving care in the comfort of their own environment.
- Virtual Rehab California: This encompasses our comprehensive approach to delivering rehab services online, including individual therapy, group sessions, family support, and educational workshops.
- Online CBT Therapy: Cognitive Behavioral Therapy (CBT) is a cornerstone of our treatment. Delivered online, CBT helps individuals identify and change negative thought patterns and behaviors associated with substance use, develop coping skills for triggers and cravings, and build a foundation for lasting recovery.
- MAT Treatment Online Support: For individuals with opioid or alcohol use disorder, Medication-Assisted Treatment (MAT) can be a critical component of recovery. We support clients engaged in MAT by integrating it with our therapy and counseling services, often coordinating with their prescribing physicians to ensure comprehensive care delivered via telehealth where appropriate.
- Dual Diagnosis Treatment: Substance use often co-occurs with mental health conditions like depression, anxiety, or PTSD. Our integrated approach addresses both the addiction and any underlying mental health treatment needs simultaneously for better outcomes.
- Virtual Couples Counseling Rehab: Addiction strains relationships. We offer virtual counseling to help couples navigate the challenges of recovery together, rebuild trust, and improve communication.
- Outpatient Detox Support: For eligible individuals, we can provide support and coordination for outpatient detoxification, allowing them to begin their recovery journey in a safe and medically supervised manner from home, followed by seamless transition into our therapy programs.
The importance of virtual rehab and online CBT therapy, especially post-overdose, cannot be overstated. An overdose can be a traumatic event, and the period immediately following is critical. Accessible, non-judgmental support can make all the difference. Our telehealth services ensure that individuals can connect with therapists and support groups quickly and conveniently. We understand the courage it takes to seek help, and we are committed to providing a compassionate, confidential, and effective path to recovery. If you or a loved one needs help, we encourage you to explore treatment options with us or contact us for a confidential assessment. Your journey to a healthier future can start today.
Real-Life Scenarios: How the Good Samaritan Law and Compassion Recovery Center Intersect
Understanding the Good Samaritan Law California is one thing; seeing how it might play out in a real-life crisis, and how services like those at Compassion Recovery Center can follow, truly highlights its importance. Let’s explore a few hypothetical scenarios to illustrate the application of the law and the subsequent path to recovery.
Scenario 1: The Worried Friend
Maya and Liam, both in their early twenties, are at a friend’s apartment in Orange County. Liam experiments with what he believes is a recreational pill, but soon after, he becomes unresponsive, his breathing shallow. Maya, terrified, knows there are other drugs in the apartment. Her first instinct is panic, fearing police involvement. However, she remembers an online health class mentioning California’s Good Samaritan Law. Understanding that calling 911 to save Liam’s life is the priority and that she and Liam would likely be protected from charges for the small amounts of personal-use drugs present, she makes the call. Paramedics arrive quickly, administer naloxone, and transport Liam to the hospital. Police officers at the scene focus on the medical emergency. Due to Maya’s quick action and the protections of the California drug overdose law, neither she nor Liam face immediate arrest for the substances found that were clearly for personal consumption.
How Compassion Recovery Center Could Help: After Liam stabilizes, his family, shaken by the incident, looks for local support. They discover Compassion Recovery Center’s Virtual IOP Program. This remote IOP California option allows Liam to receive intensive therapy and support while living at home in Orange County and perhaps continuing part-time work or studies. He engages in online CBT therapy to understand the roots of his substance use and develops healthier coping mechanisms. Maya, also impacted, might seek individual counseling or family support offered by CRC to process the traumatic event and learn how to support Liam’s recovery effectively.
Scenario 2: The Distraught Parent
Mr. Chen finds his adult son, David, unconscious in his bedroom from a suspected fentanyl overdose. He sees drug paraphernalia nearby. Mr. Chen is overwhelmed by grief and fear, but his love for his son overrides any concern about the legal implications of the paraphernalia. He immediately calls 911, explaining the situation. First responders arrive, and David’s life is saved. The overdose legal protection California provides shields David from charges related to the paraphernalia and personal use substances found in his room because medical assistance was sought in good faith by his father.
How Compassion Recovery Center Could Help: This near-fatal event is a wake-up call for David and his family. They contact Compassion Recovery Center to explore options for telehealth addiction treatment. David begins a comprehensive program that includes individual therapy, group sessions, and support for MAT treatment online to manage cravings and reduce the risk of relapse. The family participates in virtual family counseling sessions offered by CRC to learn about addiction, improve communication, and create a supportive home environment. The accessibility of remote drug rehab Orange County services means David can start his recovery journey without uprooting his life entirely, focusing on healing from the comfort and privacy of home.
Scenario 3: Two Individuals Using Together
Sarah and Ben are using opioids together when Sarah suddenly stops breathing. Ben, also under the influence and in possession of drugs, initially hesitates but knows that Sarah’s life is on the line. He calls 911. He stays with Sarah, providing information to the dispatcher until paramedics arrive. Both are protected by the Good Samaritan Law from charges related to their personal drug possession and use at that moment.
How Compassion Recovery Center Could Help: This terrifying experience could be a turning point for both Sarah and Ben. Once Sarah is medically stable, either individual, or their concerned loved ones, might reach out to Compassion Recovery Center. They could start your free assessment to understand the level of care needed. Perhaps Sarah decides to enroll in the virtual rehab California program, while Ben, initially hesitant, later decides to seek help after seeing Sarah make progress. CRC’s non-judgmental approach is crucial here, offering a safe space for individuals who may feel shame or fear. They might also explore options for Outpatient Detox support as a first step if clinically appropriate.
These scenarios underscore how the Good Samaritan Law facilitates immediate, life-saving action. Subsequently, treatment providers like Compassion Recovery Center offer the critical follow-up care needed to address the underlying addiction, promote long-term healing, and help individuals and families rebuild their lives. The availability of flexible and accessible services, such as our Orange County IOP delivered via telehealth, ensures that help is within reach.
The Enduring Importance of Knowing and Acting: A Lifeline to Recovery
The journey through understanding California’s Good Samaritan Law brings us to a crucial realization: knowledge empowers action, and action saves lives. This law is more than just a legal statute; it’s a lifeline, a piece of public policy crafted with compassion and a clear understanding of the devastating impact of drug overdoses on individuals, families, and entire communities. Its core purpose is to dismantle the wall of fear that can prevent someone from dialing 911 in a moment of absolute crisis. By offering overdose legal protection California-style for certain low-level drug offenses, the law encourages people to prioritize the immediate medical needs of a person experiencing an overdose above all else.
Recapping its significance, the Good Samaritan Law California (Health and Safety Code Section 11376.5) fundamentally reframes an overdose situation. It shifts the immediate focus from potential criminal charges to the urgent need for medical intervention. It acknowledges that in those critical minutes, the most important goal is to preserve life, providing a shield for the person calling for help and the person experiencing the overdose. This is not about condoning drug use; it is about ensuring that a medical emergency is treated as such, giving individuals a chance to survive and, subsequently, a chance to heal and recover.
We encourage every individual to not only be aware of this law but also to understand its practical implications. Know the signs of an overdose: unresponsiveness, slow or stopped breathing, gurgling sounds or snoring (agonal breathing), cold or clammy skin, blue lips or fingernails. If you or someone you know is at risk, consider having naloxone (Narcan) available and learn how to use it; California law also provides protections for its good faith administration. And most importantly, never, ever hesitate to call 911 if you suspect an overdose. Your call can be the difference between life and death.
The Good Samaritan Law acts as a vital bridge to survival. But survival is just the first, albeit most critical, step. What comes after is the journey of recovery, a path that requires courage, support, and professional guidance. This is where Compassion Recovery Center stands ready to help. We are deeply committed to supporting individuals and communities throughout Orange County and California by providing accessible, evidence-based addiction treatment. Our specialized services, including remote IOP California, comprehensive telehealth addiction treatment, and effective online CBT therapy, are designed to meet you where you are, offering flexibility and confidentiality.
Whether you are seeking help for yourself or a loved one, or if you simply want to learn more about navigating the path to recovery after a crisis, we are here for you. Our virtual rehab California programs are tailored to address not just the substance use but also any co-occurring mental health treatment needs through our dual diagnosis treatment approach. We also offer specialized support like MAT treatment online guidance and virtual couples counseling rehab to support the whole person and their support system.
Do not let fear or uncertainty hold you or your loved ones back from seeking help—either in an emergency or for long-term recovery. If you are struggling with substance use, or if you are concerned about someone else, please reach out today for a confidential assessment. You can also verify your insurance online to understand your coverage options. At Compassion Recovery Center, we believe in the power of hope and the possibility of recovery for everyone. Let us help you explore treatment options and take the courageous next step on your recovery journey today. Your life, or the life of someone you care about, is invaluable.
What is the Good Samaritan Law in simple terms?
In simple terms, California’s Good Samaritan Law for overdoses protects people from arrest and prosecution for certain low-level drug offenses (like personal possession or being under the influence) if they call 911 or seek emergency medical help for someone experiencing a drug overdose. It’s designed to save lives by encouraging people to get help without fearing they’ll get in trouble for minor drug violations at the scene.
What are the limitations of the Good Samaritan Law?
The Good Samaritan Law has limitations. It generally does not protect individuals from arrest or prosecution for more serious drug offenses like drug trafficking, sales, or manufacturing. It also doesn’t cover other crimes (e.g., violence, DUI), outstanding arrest warrants, or probation/parole violations, although the aim is to prevent new charges that might trigger such violations. The key is that the call must be made in good faith primarily to save a life.
Is Narcan covered under the Good Samaritan Law?
While California’s 911 Good Samaritan Law primarily provides immunity for seeking medical help during an overdose (which includes calling 911), California also has separate laws (like Health & Safety Code § 1714.22) that provide civil and criminal immunity to individuals who prescribe, dispense, or administer naloxone (Narcan) in good faith to someone appearing to experience an opioid overdose. The 911 Good Samaritan law complements this by protecting the act of calling for further medical assistance, which is crucial even if Narcan is administered.
What is not protected by the Good Samaritan Law?
The Good Samaritan Law does not protect against arrest or prosecution for serious crimes beyond simple possession of drugs for personal use or being under the influence at the scene of the overdose. This includes drug sales, distribution, manufacturing, violent crimes, DUIs, property crimes, or existing arrest warrants. It also doesn’t protect if the call to 911 was not made in good faith to help someone.
What is the duty to rescue law in California?
Generally, California law does not impose a universal “duty to rescue” on ordinary citizens, meaning you are not legally obligated to help someone in peril if you did not create the dangerous situation. However, the Good Samaritan Law for overdoses is designed to encourage people to rescue or seek help by removing legal barriers (fear of arrest for certain drug offenses) that might prevent them from acting. Certain special relationships (e.g., parent-child, carrier-passenger) can create a duty to act, but this is distinct from the protections offered by the Good Samaritan overdose law to any bystander.
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