Does California have a Good Samaritan Law

Does California Have a Good Samaritan Law for Overdose?

Getting Help for an Overdose Victim and Understanding the Effects

The Good Samaritan law protects individuals who provide emergency medical or non-medical care with positive intentions (good faith) during a crisis. The law aims to encourage citizens to volunteer to assist others in an emergency without the fear of legal consequences while ensuring that they act responsibly.

With the prevalence of drug overdose in California in mind, it can be important to understand the details of this law and how you are protected by it. So, does California have a Good Samaritan Law?

This blog post will review what you should know about your legal protection for intervening during a drug overdose under California’s Good Samaritan law.

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Does California Have a Good Samaritan Law?

Yes, California has a Good Samaritan Law. Under California’s Good Samaritan law, a person who tends to an emergency situation without expecting compensation for the act will not be held liable for civil damages unless there is willful or wanton misconduct.

Understanding Willful or Wanton Misconduct

Willful or wanton misconduct refers to an act that puts someone’s safety at risk and is committed with reckless or intentional disregard for harm. For example, driving past the speed limit is known to be unsafe and could fall under this category.

Situations Covered Under the Good Samaritan Law

Medical Emergencies - Situations Covered Under the Good Samaritan Law

In general, situations covered under the Good Samaritan law in California include:

  • Medical emergencies, such as alcohol or drug overdose, stroke, and heart attack.
  • Accidents and injuries, like car accidents.
  • Helping someone who is in distress.

All of the above may be relevant in situations where someone uses drugs and alcohol.

The Good Samaritan Law and Drug Overdose

The Good Samaritan law covers multiple situations that could be life-saving in the case of an overdose specifically. The Good Samaritan law in California allows you to:

  • Report a drug overdose without getting in trouble. Reporting an overdose can save a life, and you will not experience negative repercussions. For example, you and the person experiencing an overdose will not get in trouble for drug paraphernalia or drug possession if you report an overdose in California.
  • Intervene during a drug overdose. For example, you can administer Narcan if needed and are encouraged to do so.
  • Provide basic first aid. For example, performing CPR.

If overdose symptoms are not addressed, it could lead to permanent brain damage or death. In fact, most fatal overdoses occur when someone delays calling 911 or does not seek assistance at all due to fear of involving law enforcement officers.

Rendering Emergency Care During Drug Overdose

Signs of Drug Overdose

Now that you understand your legal rights, what should you know about tending to a possible overdose? Here is a brief guide to rendering emergency medical care or stepping in as a citizen during a drug-related overdose.

Know the Signs of Drug Overdose

It’s important to know how to identify a drug overdose so that you can act accordingly when you need to. Signs of a drug overdose include:

  • Pale or blue-tinted skin.
  • Slowed or stopped breathing.
  • Loss of consciousness.
  • Nausea and vomiting.
  • Poor coordination.
  • Confusion

Seek emergency medical care right away if you believe that someone near you is experiencing a drug overdose.

Provide Assistance Only if Medical Care is Unavailable

If you are in a location where medical care is available, allow professionals to step in. There is no need to render aid yourself if, for example, you are at the emergency department or emergency responders are helping the person. California’s Good Samaritan law does not apply in locations where medical care is available.

Stay Nearby Until Medical Assistance Arrives

When you call to get help for a drug-related overdose, stay close to the person who is overdosing until medical professionals or emergency personnel arrive. Once professionals arrive at the scene of an emergency, you are free to leave.

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The Good Samaritan Law for Medical Professionals

Medical providers may have specialized training that allows them to save lives or perform tasks that others nearby do not know how to complete. If you are a medical professional, you may wonder how California’s Good Samaritan law protects you.

As a professional, you are allowed to provide emergency medical assistance in a crisis situation when you are not on the clock under the Good Samaritan law. As long as there is no gross negligence, payment is not expected, and the individual who provides assistance acts responsibly, they will be protected by the law.

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Treatment for Drug Overdose at South Shores

Fatal overdose is one of many possible complications of drug and alcohol abuse. With a full continuum of care and specialized treatment pathways, South Shores Detox and Recovery is a detox and addiction treatment center in California here to help you or the person in your life who needs help with substance abuse heal from addiction.

Please call our admissions line today to verify your insurance coverage for treatment at South Shores Detox and Recovery or to learn more about our programs.

FAQs About Good Samaritan Act and Related Laws in California

Does California have a duty to rescue law?

Although California has a Good Samaritan law, we do not have a duty to rescue law. The duty to rescue law requires bystanders to help strangers in distress. While the Good Samaritan law protects those who decide to provide aid in the form of emergency medical or non-medical care, it does not require that you do so.

What is the 911 Good Samaritan law in California?

The 911 Good Samaritan law in California is a law that protects you from repercussions (e.g., legal charges for possession of illicit drugs) when you call 911 at the scene of an expected drug overdose. The person you are calling for will also be protected.

In the case of an overdose, the Good Samaritan law recognizes that saving a life is more important than punishing someone for using or possessing drugs.

What is the CPR law in California?

In California state, there’s a law titled AB 1719. This law requires that schools provide high school students with CPR training.

Short for cardiopulmonary resuscitation, CPR is an emergency procedure that involves chest compression paired with artificial ventilation to preserve brain function when a person cannot breathe or is experiencing trouble breathing.

What do Good Samaritan laws not offer protection from?

There are some limitations to the Good Samaritan Law. Situations where you are seeking compensation for providing care, have a pre-existing duty to protect someone, or where you are behaving with intentional or reckless disregard, for example, are not protected under the Good Samaritan law.

References

  1. https://www.cdph.ca.gov/Programs/CCDPHP/sapb/Pages/Data.aspx
  2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=1799.102.
  3. https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/SACB/CDPH%20Document%20Library/Naloxone/Good%20Samaritan%20Law%20Poster.pdf
  4. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB472