‘People are afraid to call 911’: Organization plans push to change Tennessee’s Good Samaritan Law for drug overdoses

NASHVILLE, Tenn. (WKRN) — When it comes to saving lives, should the law have a limit? In Tennessee, a one-time ‘get out of jail free’ card for calling 911 during a drug overdose might not be enough — advocates are now pushing for blanket immunity.

Tennessee’s Good Samaritan Law, passed in 2014, grants civil and criminal immunity to those who call 911 during an emergency. However, an amendment to the law only grants immunity once when it comes to drug overdoses.

“It includes kind of a one-time-only pass I guess of not being arrested,” Mary Linden Salter, executive director of the Tennessee Association of Alcohol, Drug, and Other Addiction Services (TAADAS) said. “You get that one freebee and potentially you could be arrested for any other kind of scenario or 911 call where you’re trying to save somebody’s life.”

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Salter told News 2 people who witness overdoses often fear they’ll be arrested for having drugs and/or drug paraphernalia themselves, or the person overdosing may be charged.

Even though TN’s Good Samaritan Law allows police and district attorneys to use their own discretion regarding potential charges after the first incident, Salter said the mere risk of getting arrested is enough to keep people silent.

“People are afraid to call 911, and people die in those situations,” Salter said.

Last legislative session, Jessica Francis told lawmakers a similar situation happened to her sister, Brittany. According to Francis’ testimony, someone witnessed Brittany having an overdose, but instead of calling 911, they left her there to die.

Brittany’s Law, which was introduced last session but didn’t make it out of committee, would have made it a Class B Misdemeanor for people witnessing a drug overdose to not call 911. Instead of jail, the person would have to undergo recovery treatment.

“Brittany’s Law would be a little more simple to hold people accountable for their actions. We would just have to prove that they were there and did not offer help,” Francis said.

Salter told News 2 the bill was well-intended, however, she plans to take a different approach this upcoming legislative session by pushing lawmakers to grant blanket immunity for those who call 911 during an overdose, regardless of the number of times they’ve called prior.

“I think the law really needs to change,” Salter said. “The nature of overdoses and the nature of the risk I think has just gotten greater, and we would like to see there be a blanket protection so that anytime people call 911 they can do so without the fear of arrest.”

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Salter and TAADAS plan to work on legislation to expand the Good Samaritan Law when the legislative session begins Jan. 2025.

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