The first 911 Good Samaritan Law was passed by New Mexico’s state legislature in 2007, and these laws have since been established in 32 states and Washington, D.C. Civil and criminal liability protection is extended to donors, persons, gleaners, and non-profit organizations arising from the nature, packaging, age, or condition of apparently wholesome food or apparently fit grocery products donated for distribution to needy people. … Consent by the victim must be given to render help. Year 2000 Update: Good Samaritan Law Passed!. These 911 Good Samaritan laws prioritize the victim’s safety and resuscitation over arresting drug users. In 1990, model Good Samaritan legislation was enacted by the National and Community Service Act. The varying state standards of liability led some companies to destroy surplus food rather than donate for distribution to needy people. For example, 33 states and D.C. protect the donor from civil and criminal liability, while 17 states protect the donor only from civil liability. In today's litigious society, there can be a reluctance to help out in emergency situations. AB 83, passed into law in 2009, changed this by protecting both “ medical and nonmedical care.” The bill came after an actual good Samaritan case, in which a witness of a car accident pulled a person from a car that was likely to catch on fire. Together, we can reverse the addiction crisis. Yes. The Good Samaritan Act also stipulates that local and state health regulations and workers’ compensation laws are not altered or interfered with by the Act. Disclaimer: Data suggests that Emergency Medical Services are called in the event of an overdose less than 56% of the time.2. A standard Good Samaritan Law protects witnesses from liability (meaning, the witness can't be sued for damages) as well as from prosecution if a victim is injured during the course of a rescue attempt. Applicable to minors, these laws can remove the penalties associated with underage drinking and drug use when help is obtained for a friend. But the exact contents of each law varies by state. At that time, Congress recognized the need to protect donors from liability, in order to increase private sector in-kind donations to charities serving the poor. Washington state, Connecticut and New Mexico have all passed Good Samaritan laws to protect helpers in these circumstances and they are under consideration in California, Illinois and Nebraska. Passed in 2012, the Massachusetts Good Samaritan Law encourages someone who witnesses an overdose to seek help from professionals by providing the caller, and the person who overdosed, protection from arrest and prosecution for drug possession. P.L.104-210 pre-empts state Good Samaritan food donation statutes. On October 19, 1998 President Clinton signed the "Year 2000 Information and Readiness Disclosure Act" into law. Fear of liability for any misstep can paralyze even the most helpful good Samaritan. Take the Addiction Treatment Needs Assessment, Substance Use Disorder Treatment Task Force, See how stigma affects the opioid epidemic, Medications for Addiction Treatment (MAT), Gannett Health Services, Cornell University. From 1990 to 1996, the "patchwork" of varying state Good Samaritan statutes led some food manufacturers to either curtail donations of food or limit the distribution of their donations to only certain states. The person pulled from the auto sustained injuries and later sued the “good Samaritan.” The above map identifies Good Samaritan laws that are specific to alcohol or alcohol/drugs. Many overdose deaths could be prevented if someone would call 911 for emergency help—but witnesses are too often afraid to call for fear of being arrested. Good Samaritan Law. Donors and potential donors should consult legal counsel regarding the applicability of the statute to their activities. Some laws still protect only medically trained rescuers, while others offer protection to any good Samaritan. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. The new federal Good Samaritan law protects businesses, volunteers and non-profit organizations from civil or criminal liability in the course of donating apparently fit and wholesome food or grocery products for distribution to needy people. There is a reluctance within the drug-using population to seek help when witnessing an overdose. This website is for informational purposes only. AB 83, passed into law in 2009, changed this by protecting both “medical and nonmedical care.” The bill came after an actual good Samaritan case, in which a witness of a car accident pulled a person from a car that was likely to catch on fire. The Bill Emerson Good Samaritan Food Donation Act  The 1990 model legislation was used by several states in the drafting of their own Good Samaritan statutes. Van Horn was left without the use of her legs and brought a civil suit against Torti. Current status of 911 Good Samaritan Laws in the United States The first 911 Good Samaritan Law was passed by New Mexico’s state legislature in 2007, and these laws have since been established in 32 states and Washington, D.C. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Research indicates that Medical Amnesty laws, which exist in some capacity at over 240 universities, are making tremendous strides.

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