Parents who have a child attending college as an out-of-state student at one of Indiana’s fine institutions should know – and make sure their student knows — that Indiana’s overdose Good Samaritan law has more restrictions than many other states’ laws do.
Every state has a version of this law. However, some are more comprehensive and less restrictive than others. Good Samaritan laws typically provide immunity from drug-related charges for those who seek emergency help for someone suffering an overdose.
Highlights of the Indiana law
Indiana’s overdose immunity protections are part of a Good Samaritan law that protects those who administer naloxone (Narcan) from civil lawsuits if they inadvertently harm the overdose victim. The law, also known as Aaron’s Law, also provides criminal protection for those who get emergency help. To qualify for protection under Aaron’s Law, a person must administer Narcan to the victim.
Further, the person must remain with the victim after calling 911 or otherwise seeking emergency help, as well as cooperate with the police. Cooperation typically includes accurately identifying themselves and the overdose victim. It should be noted that, unlike a number of states, Indiana doesn’t extend immunity from prosecution to the victim.
The law provides immunity from criminal charges for possession of controlled substances including meth, cocaine and synthetic “look-alike” drugs, as well as drug paraphernalia, only if someone sought emergency help “in good faith.” This means they called 911 only to help someone and not because they were in the process of being arrested by law enforcement and were simply trying to avoid arrest. The law also doesn’t provide immunity from prosecution for non-drug-related offenses or serious drug offenses like trafficking.
Currently, Narcan is available at numerous locations at no charge throughout Indiana. It’s generally smart for college students to know where to obtain it and how to administer it. It may be available at locations on campuses or even in dorms.
Regardless of whether someone meets all of the qualifications for immunity under the law or not, it’s important to do the right thing and get help. Overdoses can become fatal in just minutes. Regardless of what happens after an emergency is over, can help protect a person’s rights and lessen or avoid criminal consequences.