Does Louisiana have a Good Samaritan law?

A drug overdose can be life-threatening unless the person who overdosed receives medical treatment right away. Nevertheless, people who witness the overdose are sometimes reluctant to summon help for fear of arrest on drug charges.

According to StatPearls, “Good Samaritan law” is a general term for any law that protects bystanders from liability for making a good-faith effort to help someone in an emergency situation. In the context of drug overdoses, a Good Samaritan law protects people who call for help from criminal liability if they are in possession of illicit substances or paraphernalia.

Whom does Louisiana’s Good Samaritan law protect?

Louisiana’s Good Samaritan law is RS 14:403.10. It states that a person in need of medical assistance because of a drug overdose cannot face prosecution or penalty for possession of a controlled substance or paraphernalia. It makes it possible to suppress evidence of drug or paraphernalia possession if authorities collected it while responding to a call for assistance due to a drug overdose.

RS 14:403.10 also protects people who call for help for a person who is having a drug overdose and seek assistance in good faith. They cannot face prosecution for the possession of paraphernalia or controlled substances if authorities discovered the evidence because the individual called for assistance with a drug overdose.

Are there any exceptions to the Good Samaritan law?

If the person calling for help administered a dangerous dose of a controlled substance to someone else, he or she does not receive immunity from prosecution for calling for medical assistance.