Not everyone knows how to react in an emergency.
However, two Good Samaritan laws in New Jersey encourage bystanders to help anyone injured or experiencing a drug overdose.
The first Good Samaritan Law provides legal protection for bystanders and witnesses aiding others during an emergency.
N.J.S. A. §2A:62A-1 entitled Civil immunity for emergency care provides:
Any individual, including a person licensed to practice any method of treatment of human ailments, disease, pain, injury, deformity, mental or physical condition, or licensed to render services ancillary thereto, or any person who is a volunteer member of a duly incorporated first aid and emergency or volunteer ambulance or rescue squad association, who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof, or while transporting the victim or victims thereof to a hospital or other facility where treatment or care is to be rendered, shall not be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care.
The second Good Samaritan law in New Jersey is known as The Overdose Prevention Act, N.J.S.A. §2C:35-30. This law was developed after numerous opioid deaths in New Jersey. The law encourages people to call 911 without the fear of criminal consequences.
Under the Overdose Prevention Act, a person who seeks medical help for someone experiencing a drug overdose won’t be arrested, charged, prosecuted, or convicted for:
· Possessing or being under the influence of an illegal drug
· Acquiring a controlled substance
· Unlawfully possessing a prescription drugs
· Possessing drug paraphernalia, hypodermic syringes, or needles
The law provides immunity from criminal prosecution for people who report a person they believe is overdosing on illegal or prescription drugs.
Cooper Levenson is a full-service law firm established in 1957. Kathleen F. Beers, Esq. handles personal injury law and can be reached at kbeers@cooperlevenson.com or (609) 572-7570.