PLEASE NOTE: THIS RESOLUTION WILL BE DEBATED AT THE 2013 COUNCIL MEETING. RESOLUTIONS ARE NOT
OFFICIAL UNTIL ADOPTED BY THE COUNCIL AND THE BOARD OF DIRECTORS (AS APPLICABLE).
RESOLUTION:
17(13)
SUBMITTED BY:
Louise Andrew, MD, JD, FACEP
Larry Bedard, MD, FACEP
Richard Bukata, MD, FACEP
Jerome Hoffman, MD, FACEP
James Mitchiner, MD, FACEP
SUBJECT:
911 Caller Good Samaritan Laws
PURPOSE: support and endorse 911 Caller Good Samaritan policies for overdose victims and promote those
policies through legislative or regulatory advocacy at the local, state, and national levels.
FISCAL IMPACT: Staff time to promote and advocate for adoption of legislation at the state and federal level.
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WHEREAS, In 2006 more than 26,000 people died from accidental drug overdose resulting in more
deaths than either HIV/AIDS or homicide; and
WHEREAS, More deaths are caused by prescription drugs than all illegal drugs combined; and
WHEREAS, More people aged 35 to 54 died of drug overdose than in motor-vehicle accidents; and
WHEREAS, The chance of surviving an overdose generally depends on how fast one receives medical
assistance; and
WHEREAS, Witnesses of an overdose often hesitate to call 911 because of fear of police involvement;
and
WHEREAS, The best way to encourage overdose witnesses to seek medical help is to exempt them from
criminal prosecution, an approach often referred to as “911 Caller Good Samaritan” immunity laws; and
WHEREAS, In 2008, the U.S. Conference of Mayors unanimously adopted a resolution supporting 911
Good Samaritan policies; and
WHEREAS, Eight states have granted Good Samaritan protections for callers at a scene of a drug
overdose; and
WHEREAS, Today, 911 Good Samaritan policies are in effect on more than 90 college campuses;
therefore be it
RESOLVED, That ACEP supports and endorses 911 Caller Good Samaritan policies for overdose
victims; and be it further
RESOLVED, That ACEP promote 911 Caller Good Samaritan policies through legislative or regulatory
advocacy at the local, state, and national levels.
Resolution 17(13) 911 Caller Good Samaritan Laws
Page 2
Background
This resolution calls for the College to support and endorse 911 Caller Good Samaritan policies for overdose
victims and promote those policies through legislative or regulatory advocacy at the local, state and national
levels.
The Centers for Disease Control reports that more than 36,000 people died from drug overdoses in 2008 and that
drug overdose death rates have more than tripled since 1990. Additionally, according to the Substance Abuse and
Mental Health Services Administration (SAMSHA), there were 5.1 million drug-related emergency department
visits in 2011, about half of which were attributed to drug misuse or abuse.
Many drug overdoses are witnessed by other people who often fail to seek medical assistance for the victims. In
Florida, the Overdose Suppression Project of the Palm Beach County Sherriff’s Office studied the circumstances
of 353 overdose deaths from 2007 to 2010. It found that about 66% of those deaths occurred while others were
present and in 56% of the cases the person with the victim was aware that an overdose had taken place. While
38% of those witnesses recognized that the victim needed medical assistance only 25% of those victims were
taken to a hospital. Project organizers concluded that fear of prosecution of the victim and/or the witness for drug
offenses often kept witnesses from seeking medical care.
In an effort to address this issue, 911 Good Samaritan legislation provides some degree of immunity from
prosecution or sentence mitigation to people who seek medical assistance when they experience or witness a drug
overdose. At least 12 states and the District of Columbia have enacted 911 Good Samaritan laws. State laws differ
in the degree of immunity that is extended. Provisions within state laws may include immunity from prosecution
for possession of certain quantities of a controlled substance, immunity from prosecution for possession of drug
paraphernalia, or allowing judges and juries to consider the pursuit of medical assistance as a mitigating factor
during sentencing in a subsequent prosecution.
Proponents of these laws believe by removing or reducing the fear of prosecution for engaging in certain illicit
activity, people will be more likely to seek medical assistance upon experiencing or witnessing a drug overdose.
In 2008, the U.S. Conference of Mayors approved a resolution supporting the establishment of emergency Good
Samaritan policies that “provide immunity from prosecution:
• For individuals at the scene of a health emergency related to the acute toxic effects of controlled
substance use, intoxication, withdrawal or addiction, who have contacted 911 in good faith to receive
emergency medical treatment for a victim of drug toxicity or overdose; and
• For individuals who have experienced an accidental or intentional drug overdose and who have been
rendered aid by public safety personnel responding to a 911 call placed in good faith requesting
emergency medical treatment.”
Opponents of this legislation, who in some cases include law enforcement agencies, have raised concerns that
broad immunity protections may protect serious drug offenders from prosecution and could condone or encourage
illegal drug use.
A 2006 study entitled “Safety First: A Medical Amnesty Approach to Alcohol Poisoning at a U.S. University”
examined the impact of Cornell University’s Medical Amnesty Protocol for alcohol use. The program provided
immunity to those who called for emergency assistance on behalf of a person experiencing an alcohol-related
emergency. The immunity extended to laws related to underage possession of alcohol, provision of alcohol to an
underage person and disorderly conduct. Similar immunity was provided to any intoxicated person who
completed a follow-up visit to the school’s health center. The study showed increases in alcohol-related calls or
assistance and the percentage of students seen by health center staff “for a brief psycho-educational intervention
after an alcohol-related emergency more than doubled (from 22% to 52%).” Surveys of students also revealed that
implementation of the Medical Amnesty Protocol resulted in students feeling “less likely to report fear of getting
an intoxicated person in trouble as a barrier to calling for help.”
Resolution 17(13) 911 Caller Good Samaritan Laws
Page 3
ACEP has a policy statement on “Good Samaritan Protection.” The policy states that ACEP “supports Good
Samaritan legislation designed to reduce liability exposure.” It adds that “ACEP also supports the extension of
Good Samaritan legislation to provide protection from liability for emergency physicians who respond to
emergencies outside the emergency department, including but not limited to in-hospital and out-of-hospital
emergencies, mass casualty incidents, and other disasters.”
ACEP Strategic Plan Reference
Goal 1 – Reform and Improve the Delivery System for Emergency Care.
Objective B – Promote quality and patient safety, including development and validation of quality
measures.
Tactic 4 – Promote legislative proposals that seek to reduce/eliminate prescription drug abuse.
Fiscal Impact
Staff time to promote and advocate for adoption of legislation at the state and federal level.
Prior Council Action
Amended Resolution 37(97) Good Samaritan Law for Hospital-Based Physicians adopted. Directed the College to
explore the development of a policy that supports Good Samaritan status for emergency physicians responding to
in-hospital emergencies outside of the emergency department and continue gathering information on Good
Samaritan case law to provide to the membership.
Prior Board Action
June 2012, approved revised policy statement “Good Samaritan Protection.” Originally approved September
1999, reaffirmed September 2005.
Amended Resolution 37(97) Good Samaritan Law for Hospital-Based Physicians adopted.
Background Information Prepared By: Craig Price, CAE
Senior Policy Director
Reviewed By: Marco Coppola, DO, FACEP, Speaker
Kevin Klauer, DO, EJD, FACEP, Vice Speaker
Dean Wilkerson, JD, MBA, CAE, Council Secretary and Executive Director