Most states have Good Samaritan laws that generally protect a person who renders medical or nonmedical care at the scene of an emergency—in good faith and not for compensation—from liability for civil damages (money) resulting from any related act or omission (negligence).
These Good Samaritan laws vary from state to state but generally include protection for medical doctors and other health care providers who—while not working with an expectation of being paid for their services—volunteer to help in emergency situations such as the scene of an automobile accident, a person choking in a restaurant, or a person having a heart attack on an airplane.
Good Samaritan Drug Overdose Laws
Most states and the District of Columbia have passed Good Samaritan drug overdose laws—also known as 911 Good Samaritan laws—that generally provide immunity from arrest, charge, or prosecution for criminal offenses related to controlled substances and drug paraphernalia. These laws also sometimes provide immunity from the consequences of what would otherwise be violations of pretrial, probation, parole, order of protection, or restraining order terms and conditions. And sometimes these Good Samaritan drug overdose laws provide immunity from civil liability for a person who calls 911, administers resuscitation procedures, or administers an agent such as Naloxone (a rescue drug) following an opioid overdose, for example.
Good Samaritan drug overdose laws vary from state to state in the scope of covered criminal offenses and violations—and sometimes require a 911 caller, for example, to remain at the scene of a drug overdose and cooperate with emergency medical personnel. Many laws require a 911 caller to have a reasonable belief that someone is experiencing an overdose emergency and require the caller to have made the report of an emergency in good faith and not, for example, when the police are executing an arrest or search warrant.
In Texas, Good Samaritan laws provide legal protection to individuals who offer assistance during emergencies. The Texas Civil Practice and Remedies Code, specifically Chapter 74, protects healthcare professionals and laypersons from civil liability when they provide emergency care in good faith and without expectation of compensation. This protection applies as long as the care is not willfully or wantonly negligent. Additionally, Texas has a Good Samaritan law related to drug overdoses, known as the '911 Lifeline Law' (Texas Health and Safety Code, Section 481.133). This law offers limited immunity from arrest, charge, or prosecution for certain drug possession offenses to individuals who, in good faith, seek medical assistance for someone experiencing a suspected overdose. The law encourages people to call 911 by providing this immunity, as long as the person remains on the scene and cooperates with medical and law enforcement personnel. However, the immunity is not absolute and does not cover more serious offenses or situations where law enforcement is already present conducting an arrest or executing a search warrant.
