Laws by States
We are working to build out this information bank of the Good Samaritan and Naloxone Immunity Laws by state. These laws are put in place to encourage bystanders to ACT if they witness an overdose. If your state has these laws, please DON’T RUN, CALL 911 if you witness an overdose. Please consider carrying Naloxone to have on hand.
Note: We are not providing legal advice as we are not lawyers but we are providing the bills and links to their original document where you can further read up and review.
Arkansas Act 1222: To Enhance The Emergency Services Of First Responders; To Create The Naloxone Access Act; And To Provide Immunity For Prescribing, Dispensing, And Administering Naloxone And Other Opioid Antagonists. Approved 04/07/2015
20-13-1604. Opioid anatgonist — Immunity.
(a) A healthcare professional acting in good faith may directly or by standing order prescribe and dispense an opioid antagonist to:
- A person at risk of experiencing an opioid-related drug 20 overdose;
- A pain management clinic;
- A harm reduction organization;
- An emergency medical services technician;
- A first responder;
- A law enforcement officer or agency; or
- A family member or friend of a person at risk of experiencing an opioid-related drug overdose.
(b) A person acting in good faith who reasonably believes that another person is experiencing an opioid-related drug overdose may administer an opioid antagonist that was prescribed and dispensed under section (a) of this section.
(c) The following individuals are immune from civil liability, criminal liability, or professional sanctions for administering, prescribing, or dispensing an opioid antagonist under this section:
- A healthcare professional who prescribes an opioid antagonist under subsection (a) of this section; As Engrossed: S3/12/15 H3/25/15 SB880 5 03-07-2015 15:15:35 JMB165 1
- A healthcare professional or pharmacist who acts in good 2 faith and in compliance with the standard of care that dispenses an opioid 3 antagonist under subsection (a) of this section; and
- A person other than a healthcare professional who 5 administers an opioid antagonist under subsection (b) of this section.
Full law can be found HERE.
Title XV Chapter 94C Section 34A
ADMINISTRATION OF THE GOVERNMENT REGULATION OF TRADE
CONTROLLED SUBSTANCES ACT
IMMUNITY FROM PROSECUTION UNDER SECS. 34 OR 35 FOR PERSONS SEEKING MEDICAL ASSISTANCE FOR SELF OR OTHER EXPERIENCING DRUGRELATED OVERDOSE
Section 34A. (a) A person who, in good faith, seeks medical assistance for someone experiencing a drugrelated overdose shall not be charged or prosecuted for possession of a controlled substance under sections 34 or 35 if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance.
(b) A person who experiences a drugrelated overdose and is in need of medical assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith request for medical assistance, shall not be charged or prosecuted for possession of a controlled substance under said sections 34 or 35 if the evidence for the charge of possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.
(c) The act of seeking medical assistance for someone who is experiencing a drugrelated overdose may be used as a mitigating factor in a criminal prosecution under the Controlled Substance Act, 1970 P.L. 91?513, 21 U.S.C. section 801, et seq.
(d) Nothing contained in this section shall prevent anyone from being charged with trafficking, distribution or possession of a controlled substance with intent to distribute.
(e) A person acting in good faith may receive a naloxone prescription, possess naloxone and administer naloxone to an individual appearing to experience an opiaterelated overdose.
Full law can be found HERE.