The Good Samaritan Law

Every year, more and more Americans die of drug overdoses. The country is currently facing a drug epidemic, and no one is faced with that issue more than the people of Ohio.
Heroin overdoses seem to be a daily occurrence across the state, and the number of deaths stemming from those overdoses remains high. There are cases of people overdosing with kids in the car, and cases of individuals leaving their friends behind to die in fear of getting arrested or charged.
However, the state of Ohio has a plan to remedy the problem.
In the summer of 2016, Ohio Governor John Kasich signed House Bill 110, or the Good Samaritan Bill as it is more commonly known, into law, making Ohio the 35th state to enact such legislation. The law provides criminal immunity to an individual who seeks medical assistance for a person experiencing a drug overdose. The said immunity protects those individuals who act in good faith from minor drug possession offenses, often penalized either as a misdemeanor or fifth-degree felony.
The law grants a potential defendant, who might be subject to criminal charges for drug possession as a result of the overdose, a 30-day window to get a drug screening and a referral for treatment by an addiction professional. Once the individual provides proof of this to the Prosecutor’s Office, no arrest will be made and no criminal charges will be filed, granting the individual isn’t already on parole or probation and hasn’t been granted the immunity twice previously.
The hope from the legislators is that criminal immunity will increase the chances of people calling for help when in the presence of a drug overdose, and in turn save more lives.
The passing of the legislation came at the right time, as heroin overdoses many not be the biggest problem facing residents of Ohio. State Representative Robert Sprague (R-Findlay), who was a sponsor of the bill, said the legislation was a direct result of being “ground zero” of the epidemic.
“We no longer even have as much of a heroin problem,” Sprague said. “It’s more of a fentanyl problem. Nearly all – or at least most of – the heroin that’s coming into the state, is now laced with fentanyl, which is a much stronger narcotic.”
According to the numbers provided by Sprague, Ohio had 3,050 overdose deaths last year, and 2,483 the year before. The Center for Disease Control and Prevention (CDC) data for 2015 has Ohio as a state with fourth-most overdoses per 100,000 people, yet according to an article in The Columbus Dispatch from November 2016, Ohio leads the nation in overdose deaths. However, it is unclear the number of deaths due to heroin alone and heroin laced with fentanyl. CDC also claims that overdose deaths from opioids, including prescription opioids and heroin, have nearly quadrupled since 1999.
These grim numbers of overdoses and deaths across the state forced lawmakers to act and had bi-partisan support for HB 110, which includes provisions – the Good Samaritan Law – from another legislature that was sponsored by Sprague and Representative Denise Driehaus (D-Cincinnati). One person who is against the bill, though, is Portage County Prosecuting Attorney Victor V. Vigluicci.
“I believe that the 30-day grace period gives an individual who has already overdosed and is obviously seriously addicted the opportunity to continue to use drugs,” said Vigluicci.
He cited his experience as a reason he believes there will just be more overdoses and possibly fatal ones.
“In my view, it would be better to immediately get the individual into the criminal justice system where he or she will be subject to supervision, drug screening, and referral for treatment,” added Vigluicci.
Supporters of the bill, argue that it will help curtail the epidemic in the state. Sprague said that expanding treatment options for people is key. Having police departments and fire departments share information about who’s overdosing is another example given by the state representative.
“They do something very innovative in Colerain Township right outside Cincinnati,” said Sprague. “Once you have this information about who’s overdosed, the fire department shares that with the police department, and the police department sends out a police cruiser the following week.”
The police will arrive with a social worker and a treatment professional, as a means of support for the individual who has overdosed. The officers make sure to inform the person they aren’t there to arrest them, but to treat them instead.
According to Sprague, HB 110 enables programs like that across the state, and helps save people’s lives and gets them into treatment, adding, “they’ve got well over an 80 percent uptick rate for individuals getting help after these overdoses down in Colerain Township.”

The three-strike provision of the bill has many, including Vigluicci, concerned that users will view it as a get-out-of-jail-free card and continue using drugs. However, Judge Becky L. Doherty of the Portage County Common Pleas Court, who is neither a supporter nor an opponent of the bill, believes that the three-strike policy is an important piece of the legislation.
“When it comes to treatment and addiction, if everyone was viewed as a one-and-done, I don’t think we would get anywhere,” said Doherty. “Right now I can’t even think of anyone that I’ve ever dealt with that didn’t have some sort of relapse. Not that relapse is what we want, but it’s almost inevitable.”
Representative Sprague stated further that the three-strike provision underlines the authorities’ priority on getting people the treatment and help they need, and not create a situation where people will go down the path of overdosing again and again.
“We wanted to make sure we were really focused and dialed in on getting people into treatment and helping them in recovery, not just overlooking the problem,” said Sprague.
Despite the intentions of The Good Samaritan Law, not everyone knows the details of it, general public and authorities included. The next step, according to Doherty, is educating law enforcement, first responders, prosecutors and the public about the new law.
“It has to be education on the bill and education on how to implement it, so it’s not more problematic than it needs to be,” said Doherty.
If the potential users aren’t aware of the criminal immunity, they aren’t likely to reach out for help, whether for themselves or their friend. If the authorities aren’t aware or aren’t on the same page, they may attempt arresting the person who called for help.
“I think it’s just going to be a matter of the agencies working together,” said Doherty. “I think they just kind of have to make sure they’re all on the same page, and know what the law is and know what the parameters are.”
As for the public being informed and trusting the authorities, Doherty cited the media as key, saying proper coverage of the law should educate the public enough to where everyone is on the same page and overdose deaths can be avoided.
“I think it’s just a matter of media coverage of the law,” she said, adding, “and you are, at some point, are going to have to just be more selfless than, maybe, you want to be.”