Law provides “Good Samaritan” protection for reporting overdose, but with conditions

A person who calls 911 to save a friend who is overdosing won’t be arrested or punished for minor drug offenses under a new Ohio law.

Ohio joined 37 states and the District of Columbia with so-called 911 Good Samaritan laws on Monday when Gov. John Kasich signed House Bill 110 into law. But Ohio’s law contains a few provisions critics say will actually discourage people from calling for help.

The law grants immunity to callers and to the person overdosing on heroin, opioids or other drugs from arrest, charging, prosecution, conviction and penalization for a minor drug possession offense. The law takes effect in mid-September.

Rep. Denise Driehaus and Rep. Robert Sprague sponsored the legislation that was incorporated into the final bill signed Monday. Driehaus and Sprague said Monday the law will save lives as part of a multi-pronged effort to curb the state’s worsening opioid and heroin overdose epidemic.

“While we try to tackle the over prescribing, the addictive nature of opioids, how it leads to heroin, all the things we are learning about — in the meantime we need to save lives,” Driehaus, a Cincinnati Democrat, said at a news conference. “No one should have to second guess doing the right thing.”

Most people who overdose are not alone when they do so, and more emergency personnel are equipped with Naloxone, which blocks the effects of opioids and reverses an overdose.

The Senate added two provisions critics say discourage people from calling for help:

• Immunity is only good for two times and not available for people on parole.
• Medical professionals can share with law enforcement the name and address of the person who overdosed for further investigation and follow-up.

Sen. Mike Skindell, a Lakewood Democrat, said the law will have a chilling effect and could be deadly.

“This will prevent people who have overdosed from calling for that med assistance because they fear of ending up in jail,” Skindell said during the Senate debate. “Law enforcement is not out there to render treatment. Their job is to enforce the law.”

The Drug Policy Alliance, based in New York City, said the law will discourage people from seeking addiction help.

“Saving lives from overdose is of the utmost importance and should never have conditions attached,” Jerónimo Saldaña, policy manager for the Drug Policy Alliance said in a statement. “This bill has more holes in it than Swiss cheese and could cost people their lives.”

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