Lets Talk Good Samaritan Laws
In 2017, according to the latest numbers from the Tennessee Department of Health, 1,776 people suffered fatal overdoses. Of those 1,268 were opioid overdoses. These numbers could decrease if more people understood The Good Samaritan Laws of 2015. During an emergency related to opioid overdose, bystanders should call 911 for emergency assistance but often don’t due to the fear of arrest or prosecution. This is especially true if they use or have a history of opioid use themselves. This can lead to a fear of stigma, unwanted attention, or negative consequences from law enforcement or medical personnel thus preventing them from seeking lifesaving help during an overdose crisis. This is where The Good Samaritan Laws such as the “Addiction Treatment Act” come into play and addresses the fears of the potential consequences of those who seek help for overdose victims. These laws vary from state to state. So, what do they look like for the state of Tennessee? Well, according to the Public Chapter 396 Senate No. 871 Tennessee Code § 63-1- 156, Immunity from prosecution when seeking medical assistance for drug overdose:
(b) Any person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance. Any person who experiencing a drug overdose and who in good faith seeks medical assistance for or is the subject of request for medical assistance shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of the drug violation resulted from seeking such medical assistance. This immunity from being arrested, charged, or prosecuted shall apply to the person experiencing a drug overdose only on the person’s first such drug overdose. Any such person shall also not be subject to the following, if related to the seeking of medical assistance:
(1) Penalties for a violation of a permanent or temporary protective order or restraining order; or
(2) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on a drug violation.
Lack of awareness, skepticism, and lack of trust are some of the different obstacles that prevent the utilization of this law by the public. Even when individuals are made aware of the Good Samaritan Law, they can sometimes remain skeptical. This is even more so if they have a criminal history or fear of arrest or getting others in trouble. By informing the public of their rights within the law, the hope is to save lives in a time of overdose. There are those within the community who do not agree with this law and some have even expressed that they feel as though this law is just a “get out of jail free card”. It’s not. The one thing that we should all remember is that this person caught in addiction is somebody’s loved one and we all deserve a chance.
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