Citation

Griner TE, Strasser S, Kemp CB, Zesiger H. J. Leg. Med. (TF) 2020; 40(2): 171-193.

Copyright

(Copyright © 2020, Informa - Taylor and Francis Group)

DOI

10.1080/01947648.2020.1819484

PMID

33137279

Abstract

INTRODUCTION: Timely medical attention could decrease mortality following drug or alcohol overdose events, but overdose victims and witnesses often delay or fail to seek professional help because they fear police involvement. Statutes that provide immunity from criminal action can have an important impact on seeking timely treatment.

METHODS: We systematically collected and reviewed medical amnesty laws (MALs; commonly known as "Good Samaritan laws") that are designed to encourage bystanders and others to contact authorities for assistance during overdose emergencies. Each law was coded to analyze (1) who receives statutory protections and under what circumstances; (2) what factors undercut the credibility of statutory protections; and (3) whether statutory language is easily attainable and understandable.

RESULTS: Forty-seven states plus the District of Columbia have MALs, but provisions differ widely in their scope of protection. Some laws may be less effective than others in prompting calls for professional assistance because they either lack protections, allow overly broad discretion, or prove difficult to research.

CONCLUSIONS: Some statutes may be ineffective in encouraging calls for professional assistance following overdose events. Narrow immunity provisions with complex language may not be easily understood by the general population.

Language: en

Keywords

alcohol; law; drugs; Overdose; immunity