Quick Summary
Fear of arrest is the top reason bystanders hesitate to call 911 during an overdose, and that delay can be fatal. Texas House Bill 1694 (2021) offers limited legal protection to people who seek emergency help for a suspected overdose.
Key Takeaways
- Fear of police involvement is the leading barrier to calling 911 during an overdose.
- NIH research finds fewer than half of overdoses result in a call for help.
- Texas passed a Good Samaritan Law (House Bill 1694) in 2021 to ease that fear.
- The law offers protection for people seeking emergency aid, but it has important limits.
- Knowing what the law does and does not cover can help save a life.
What Is the Texas Good Samaritan Law?
The Texas Good Samaritan Law, codified under the Texas Health and Safety Code Section 773.009, provides limited criminal immunity to individuals who report a drug overdose. The primary objective of the law is to prioritize saving lives over making low-level drug arrests. By removing the immediate threat of prosecution for minor drug possession, the state aims to encourage bystanders, often other individuals who use drugs, to call 911 without fear of facing felony charges. Research shows that effective Good Samaritan laws can significantly reduce overdose fatalities. According to data analyzed by the National Bureau of Economic Research (NBER) and cited by the Texas Center for Justice and Equity, comprehensive Good Samaritan laws are associated with up to a 15% reduction in overdose deaths and do not lead to an increase in drug use [2]. When bystanders know they will not be arrested for trying to save a life, they are far more likely to intervene.Who Is Protected Under the Law?
The protections offered by the Texas Good Samaritan Law apply to both the individual experiencing the overdose and the person who calls 911 for help. To qualify for immunity from prosecution for certain drug possession offenses, the caller must meet specific criteria established by the Texas Legislature:- The caller must be the first person to request emergency medical assistance in response to the possible overdose.
- The caller must remain on the scene until medical or law enforcement personnel arrive.
- The caller must cooperate fully with medical and law enforcement personnel upon their arrival.
Texas Good Samaritan Law: Protections and Limitations
| What Is Covered (Immunity Granted) | What Is NOT Covered (No Immunity) |
| Possession of small amounts of controlled substances | Drug trafficking, manufacturing, or distribution charges |
| Possession of drug paraphernalia | Outstanding warrants or parole/probation violations |
| Protection for the caller and the overdose victim | Individuals with a prior felony conviction (see limitations) |
The Limitations of House Bill 1694
While the Texas Good Samaritan Law represents a significant step toward harm reduction, it is not a blanket immunity policy. Critics and public health advocates note that House Bill 1694 contains several strict limitations that can still deter individuals from calling 911 [2]. It is vital to understand these exclusions to fully grasp the scope of the law and avoid unexpected legal consequences. Most notably, the law does not provide protection to individuals who have a prior felony conviction. Additionally, the immunity does not apply if the caller has previously called 911 for an overdose within the past 18 months. These exclusions mean that some of the most vulnerable populations, those deeply entrenched in the cycle of addiction and the criminal justice system, may still face arrest if they attempt to save a life. Furthermore, the law does not protect against charges related to the sale, distribution, or manufacturing of controlled substances, nor does it provide immunity from arrest for outstanding warrants.The Role of Naloxone (Narcan) in Overdose Response
Alongside the Good Samaritan Law, the widespread availability of naloxone (commonly known by the brand name Narcan) is a crucial component of overdose prevention in Texas. Naloxone is an opioid antagonist that can rapidly reverse an opioid overdose, restoring normal breathing to a person whose breathing has slowed or stopped as a result of overdosing with heroin, fentanyl, or prescription opioid medications. Its use has saved countless lives nationwide. Texas law allows anyone to purchase and carry naloxone without a specific prescription, thanks to a statewide standing order. When combined with the protections of the Good Samaritan Law, the ability for bystanders to administer naloxone and call 911 without fear of immediate arrest for possession creates a powerful mechanism for saving lives in the critical minutes following an overdose. Every household with someone at risk should have naloxone on hand.What to Do If You Witness an Overdose
If you suspect someone is experiencing an opioid overdose, taking immediate action is critical. The Centers for Disease Control and Prevention (CDC) recommends the following steps to ensure the best possible outcome:- Call 911 Immediately: Report that someone is unresponsive and may not be breathing. You do not need to explicitly state that it is an overdose on the phone; focus on the medical emergency.
- Administer Naloxone (Narcan): If you have access to naloxone, administer it immediately. Naloxone is a life-saving medication that can reverse the effects of an opioid overdose. Texas law allows anyone to purchase and carry naloxone.
- Perform Rescue Breathing or CPR: If the person is not breathing, begin rescue breathing or CPR if you are trained to do so. This can keep oxygen flowing to the brain until help arrives.
- Stay With the Person: Under the Texas Good Samaritan Law, you must remain on the scene and cooperate with first responders to receive legal protection. Turn them on their side to prevent choking if they vomit.
Frequently Asked Questions
Will I be arrested if I call 911 for an overdose in Texas?
Under the Texas Good Samaritan Law, you generally will not be prosecuted for possessing small amounts of drugs or paraphernalia if you are the first to call 911, stay on the scene, and cooperate. However, this protection does not apply if you have a felony record or have used the law’s protection in the past 18 months.Does the Good Samaritan Law protect the person who is overdosing?
Yes, the law provides the same limited immunity from minor drug possession charges to the individual experiencing the overdose as it does to the caller, provided all conditions of the law are met.Can I be charged with drug trafficking if I call 911?
Yes. The Good Samaritan Law only protects against minor possession charges. It does not provide immunity for drug manufacturing, distribution, trafficking, or other serious crimes. It also does not protect individuals with outstanding warrants.Turn an Emergency Into a Turning Point at Discovery Point Retreat
An overdose is a terrifying experience, but surviving one presents a critical opportunity to seek help and break the cycle of addiction. If you or someone you love has recently experienced an overdose, professional treatment is the safest path forward. At Discovery Point Retreat, we provide comprehensive, evidence-based care, from medically supervised detox to residential treatment and intensive outpatient programs. Our compassionate team understands the complexities of addiction and is here to help you navigate the road to recovery. Call us today at (855) 245-7133 or visit discoverypointretreat.com/contact-us/ for a 100% confidential consultation. Your life is worth saving.References
[1] Schneider, K. E., Park, J. N., Allen, S. T., Weir, B. W., & Sherman, S. G. (2020). Knowledge of Good Samaritan Laws and Beliefs About Arrests Among Persons Who Inject Drugs a Year After Policy Change in Baltimore, Maryland. Public Health Reports, 135(3), 393–400. https://pmc.ncbi.nlm.nih.gov/articles/PMC7238711/ [2] Texas Center for Justice and Equity. (n.d.). Harm Reduction Facts. Retrieved from https://texascje.org/harm-reduction-facts[3] International Journal of Drug Policy. Review and inventory of 911 Good Samaritan Law Provisions in the United States.We Accept Most Insurance
We’re here to make treatment as accessible and affordable as possible — and are in network with many insurance providers. Not sure about your coverage? We can help.
Sources
- Texas Legislature, House Bill 1694 (87th Regular Session)
- Substance Abuse and Mental Health Services Administration (SAMHSA), National Helpline
Crisis and Support Resources
- 988 Suicide and Crisis Lifeline. Call or text 988, or chat at 988lifeline.org. Free, confidential support 24/7.
- SAMHSA National Helpline. Call 1-800-662-HELP (4357) or visit the SAMHSA National Helpline page for free, confidential referrals to local treatment.
- 911. For any medical emergency, call 911 immediately.
This article is general education and is not medical advice.
