Parents of young adult children who live in Indiana or are attending college in the state should make sure they know about our Naloxone Access and Overdose Good Samaritan Law. Even if you’re certain that your child never uses illegal drugs, they can potentially find themselves in a situation where someone overdoses. Panicking and doing the wrong thing can have serious consequences for everyone.
While every state has some version of an overdose immunity law, no two are the same. Indiana’s doesn’t offer as many protections as many other state laws do. Let’s take a brief look at how it works.
Aaron’s Law
The law, which is also known as “Aaron’s Law,” protects people who administer naloxone (commonly known by the brand name of Narcan) to an overdose victim from civil lawsuits if they accidentally harm the victim. It can also protect those who administer Narcan from being charged with certain drug-related crimes for their own drug use or possession if it’s discovered by law enforcement at the scene.
To qualify for this immunity, in addition to administering Narcan, a person must:
- Call 911 or seek emergency medical aid in some other way (like taking the victim to an emergency room or urgent care center)
- Remain with the victim
- Cooperate with law enforcement (including giving their and the victim’s true names)
Narcan is available at numerous locations at no charge and without a prescription throughout Indiana. College students should learn the closest location to obtain Narcan and how to administer it.
What criminal protections does the law provide?
The law provides immunity from being charged with possession of controlled substances such as cocaine, meth, marijuana and synthetic “look-alike” drugs as well as drug paraphernalia. It doesn’t provide immunity for more serious drug offenses or for non-drug-related offenses if evidence of them is discovered at the scene.
It’s important to note that these protections apply only to the person who seeks help – not to the victim or any others at the scene. Some other states’ laws do provide immunity to overdose victims.
These “Good Samaritan” overdose laws are intended to save lives by making people less likely to abandon an overdose victim out of fear of arrest. Of course, the first priority for anyone should be getting help, regardless of what consequences they might face. Anyone who is facing drug or other charges after seeking help for an overdose should get legal guidance as soon as possible to help protect their legal rights and lessen any potential consequences.
