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Two Laws, One Goal: Saving Lives.

Delaware has two Good Samaritan laws that offer criminal and civil protection for individuals acting in good faith to assist someone who has overdosed from drugs or alcohol.

In Delaware, Good Samaritans who call 9-1-1 or help someone who is overdosing will not be prosecuted.

Delaware Good Samaritan Laws

Title 16, 4769

Title 16, 4769 protects individuals who request medical assistance for someone who is overdosing. The law encourages witnesses to call 9-1-1 or seek medical attention for individuals at risk of dying from an overdose or other life-threatening emergency. It also protects both the witness and the person they’re assisting from being prosecuted for possession of an illegal substance.

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Title 16, 6801

Title 16, 6801 protects individuals who administer naloxone to an individual who is overdosing from opioids such as heroin, fentanyl, or oxycodone. Naloxone is a lifesaving medication that can reverse an opioid overdose. Under the law, individuals who provide emergency care in good faith are immune from civil damages. That means you can’t be held responsible in civil court for administering naloxone to someone who is overdosing.

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