DPA Fact Sheet 911 Good Samaritan Laws June2015 PDF

911 Good Samaritan Laws:
Preventing Overdose
Deaths, Saving Lives
June 2015
Overdose Deaths: A Serious National Problem

Overdose deaths rates nationwide more than doubled
between 1999 and 2013.1 According to the Centers for
Disease Control and Prevention (CDC), 43,982 people
died from drug overdoses in 2013 an average of 120
people a day.2 Overdoses resulted in more deaths
than HIV/AIDS, homicide or car accidents.3
Overdose has now surpassed motor vehicle
accidents as the leading cause of injury-related
death in the U.S.4
Nationally, more overdose deaths are caused by
prescription drugs than all illegal drugs combined.5
Legal prescription opioids, such as OxyContin and
Vicodin, are driving the increase in overdose deaths
nationwide causing more than 16,000 deaths in
2013.6 For more than a decade, prescription opioid
overdose deaths have outnumbered both heroin and
cocaine overdose deaths (although heroin overdose
deaths have increased in recent years).7
Moreover, as states have attempted to restrict access
to opioids, evidence indicates that some opioiddependent people have switched from prescription
painkillers to heroin.8
The tragedy is that many of these deaths could have
been prevented.
911 Good Samaritan Laws: A Practical Solution

That Can Save Lives
The chance of surviving an overdose, like that of
surviving a heart attack, depends greatly on how fast
one receives medical assistance. Multiple studies
show that most deaths actually occur one to three
hours after the victim has initially ingested or injected
drugs.9 The time that elapses before an overdose
becomes a fatality presents a vital opportunity to
intervene and seek medical help.
Witnesses to heart attacks rarely think twice about
calling 911, but witnesses to an overdose often
hesitate to call for help or, in many cases, simply dont
make the call.10 The most common reason people cite
for not calling 911 is fear of police involvement.11
People using drugs illegally often fear arrest, even in
cases where they need professional medical
assistance for a friend or family member. Furthermore,
severe penalties for possession and use of illicit drugs,
including state laws that impose criminal charges on
individuals who provide drugs to someone who
subsequently dies of an overdose, only intensify the
fear that prevents many witnesses from seeking
emergency medical help.12
Risk of criminal prosecution or civil litigation can
deter medical professionals, drug users and
bystanders from aiding overdose victims. Wellcrafted legislation can provide simple protections
to alleviate these fears, improve emergency
overdose responses, and save lives.
An important solution to encourage overdose
witnesses to seek medical help is to exempt them from
arrest and criminal prosecution through the adoption of
911 Good Samaritan immunity laws.
Drug Policy Alliance | 131 West 33rd Street, 15th Floor, New York, NY 10001
nyc@drugpolicy.org | 212.613.8020 voice | 212.613.8021 fax
Good Samaritan immunity laws provide protection from

arrest and prosecution for witnesses who call 911.
Such legislation does not protect people from arrest for
other offenses, such as selling or trafficking drugs.
This policy protects only the caller and overdose victim
from arrest and prosecution for simple drug
possession, possession of paraphernalia, and/or being
under the influence.
The policy prioritizes saving lives over arrests for
possession.
Laws encouraging overdose witnesses and victims to
seek medical attention may also be accompanied by
training for law enforcement, EMS and other
emergency and public safety personnel.13 Indeed, a
recent survey of law enforcement officers indicated a
desire to be more involved in overdose prevention and
response, suggesting the potential for broader law
enforcement engagement around this pressing public
health crisis.14
A Growing National Movement to Prevent
Overdose Fatalities
In State Legislatures: In 2007, New Mexico was the
first state in the nation to pass 911 Good Samaritan
legislation. Since then, twenty-seven additional states
Alaska, Arkansas, California, Colorado, Connecticut,
1
Centers for Disease Control and Prevention, "Quickstats: Rates of Deaths from
Drug Poisoning and Drug Poisoning Involving Opioid Analgesics United States,
19992013," Morbidity and Mortality Weekly Report 64, no. 1 (2015).
2
Center for Disease Control and Prevention (CDC), "Prescription Drug Overdose
in the United States: Fact Sheet,"
http://www.cdc.gov/homeandrecreationalsafety/overdose/facts.html.
3
Ibid.
4
Ibid.
5
C. M. Jones, K. A. Mack, and L. J. Paulozzi, "Pharmaceutical Overdose Deaths,
United States, 2010," JAMA 309, no. 7 (2013); Margaret Warner, Holly
Hedegaard, and Chen Li Hui, "Trends in Drug-Poisoning Deaths Involving Opioid
Analgesics and Heroin: United States, 19992012," (National Center for Health
Statistics, Centers for Disease Control and Prevention, 2014).
6
Centers for Disease Control and Prevention, "Table 40. Specific Drugs Involved
in Drug Poisoning Deaths, 2008-2013,"
http://www.cdc.gov/nchs/pressroom/heroin_deaths.pdf; Center for Disease Control
and Prevention (CDC), "Prescription Drug Overdose in the United States: Fact
Sheet".
7
L. J. Paulozzi, "Prescription Drug Overdoses: A Review," J Safety Res 43, no. 4
(2012); Warner, Hedegaard, and Li Hui, "Trends in Drug-Poisoning Deaths
Involving Opioid Analgesics and Heroin: United States, 19992012; Centers for
Disease Control and Prevention, "Quickstats: Rates of Deaths from Drug
Poisoning and Drug Poisoning Involving Opioid Analgesics United States,
19992013; "Table 40. Specific Drugs Involved in Drug Poisoning Deaths, 20082013".
8
Warner, Hedegaard, and Li Hui, "Trends in Drug-Poisoning Deaths Involving
Opioid Analgesics and Heroin: United States, 19992012; K. Michelle Peavy et al.,
"Hooked on Prescription-Type Opiates Prior to Using Heroin: Results from a
Survey of Syringe Exchange Clients," Journal of Psychoactive Drugs 44, no. 3
(2012); R. A. Pollini et al., "Problematic Use of Prescription-Type Opioids Prior to
Heroin Use among Young Heroin Injectors," Subst Abuse Rehabil 2, no. 1 (2011).
9
Peter J. Davidson et al., "Witnessing Heroin-Related Overdoses: The
Experiences of Young Injectors in San Francisco," Addiction 97, no. 12 (2002).
Delaware, Florida, Georgia, Illinois, Kentucky,

Louisiana, Maryland, Massachusetts, Minnesota,
Mississippi, Nevada, New Jersey, New York, North
Carolina, North Dakota, Oregon, Pennsylvania, Rhode
Island, Vermont, Washington State, West Virginia and
Wisconsin as well as the District of Columbia, have
passed such laws.15
Initial results from an evaluation of Washington States
Good Samaritan law, adopted in 2010, found that
police officers and paramedics were largely unaware
of the law suggesting the need for continued training,
education and collaboration with law enforcement and
other public safety personnel. However, 88 percent of
people who use opioids said they would be more likely,
and less afraid, to call 911 in the event of a future
overdose after learning about the law.16
US Conference of Mayors: In 2008, the United States
Conference of Mayors unanimously adopted a
resolution calling for 911 Good Samaritan policies that
could save thousands of lives by encouraging
immediate medical intervention for drug overdoses
before they become fatal.17
On College Campuses: Today, 911 Good Samaritan
policies are in effect on over 90 U.S. college
campuses. Such policies have been proven to
encourage students to call for help in the event of an
alcohol or other drug overdose.18
10
M. Tracy et al., "Circumstances of Witnessed Drug Overdose in New York City:

Implications for Intervention," Drug Alcohol Depend 79, no. 2 (2005).
11
Davidson et al., "Witnessing Heroin-Related Overdoses: The Experiences of
Young Injectors in San Francisco; K. C. Ochoa et al., "Overdosing among Young
Injection Drug Users in San Francisco," Addict Behav 26, no. 3 (2001); Robin A.
Pollini et al., "Response to Overdose among Injection Drug Users," American
journal of preventive medicine 31, no. 3 (2006); Tracy et al., "Circumstances of
Witnessed Drug Overdose in New York City: Implications for Intervention."
12
C. J. Banta-Green et al., "Police Officers' and Paramedics' Experiences with
Overdose and Their Knowledge and Opinions of Washington State's Drug
Overdose-Naloxone-Good Samaritan Law," J Urban Health 90, no. 6 (2013).
13
Traci C. Green et al., "Law Enforcement Attitudes toward Overdose Prevention
and Response," Drug and Alcohol Dependence 133, no. 2 (2013); Banta-Green et
al., "Police Officers' and Paramedics' Experiences with Overdose and Their
Knowledge and Opinions of Washington State's Drug Overdose-Naloxone-Good
Samaritan Law."
14
Green et al., "Law Enforcement Attitudes toward Overdose Prevention and
Response."
15
Utah and Indiana adopted laws providing for mitigation in cases of good-faith
reporting of an overdose, but these states do not provide immunity.
16
Banta-Green CJ et al., "Washingtons 911 Good Samaritan Drug Overdose Law
- Initial Evaluation Results," (Alcohol & Drug Abuse Institute, University of
Washington,, 2011); Banta-Green et al., "Police Officers' and Paramedics'
Experiences with Overdose and Their Knowledge and Opinions of Washington
State's Drug Overdose-Naloxone-Good Samaritan Law."
17
U.S. Conference of Mayors, "Saving Lives, Saving Money: City-Coordinated
Drug Overdose Prevention," in U.S. Conference of Mayors 76th Annual Meeting
(Miami2008).
18
Deborah K. Lewis and Timothy C. Marchell, "Safety First: A Medical Amnesty
Approach to Alcohol Poisoning at a U.S. University," International Journal of Drug
Policy 17, no. 4 (2006).
Drug Policy Alliance | 131 West 33rd Street, 15th Floor, New York, NY 10001
nyc@drugpolicy.org | 212.613.8020 voice | 212.613.8021 fax
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911 Good Samaritan Laws:

Overdose Deaths: A Serious National Problem

911 Good Samaritan Laws: A Practical Solution

Good Samaritan immunity laws provide protection from

Delaware, Florida, Georgia, Illinois, Kentucky,

M. Tracy et al., "Circumstances of Witnessed Drug Overdose in New York City:

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