Inconsistent State Policies
In the United States, all fifty states and the District of Columbia have good Samaritan laws. However, provisions of these laws can slightly vary from one state to another by jurisdiction, who is protected from liability, and under what circumstances.
For example, in most cases, a bystander cannot be held liable for not offering assistance. However, according to good Samaritan laws in Minnesota, Vermont, and Rhode Island, bystanders must act in some limited capacity.
Moreover, good Samaritan laws in some states like Virginia, Delaware, and Pennsylvania protect anyone who tries to help in an emergency, while the laws in other states are specific to certain situations. For instance, according to Alabama’s good Samaritan laws, only trained rescuers and public education employees are protected and can get involved unless the emergency is a cardiac arrest. In Oklahoma, the good Samaritan laws offer protection for bystanders but only if the emergency assistance involves CPR or controlling bleeding.
In most states, these laws do not provide complete civil immunity for the bystander or the person who overdosed. According to state policy in Georgia, a person can still be charged if they have more than four grams of a substance at the time of the call. Drug dealers are also prosecuted to the full extent of the law.