New York’s Good Samaritan Law: Overdose Protections Explained

Fear of getting arrested keeps too many people from calling 911 during an overdose — and that hesitation costs lives. New York’s 911 Good Samaritan Law was written to remove that fear by protecting people who call for help. This page explains, in plain language, what the law does and does not do, how to access naloxone, and how to find treatment. It is educational and not legal advice; for your specific situation, consult an attorney.

What the Good Samaritan Law Protects

Under New York’s 911 Good Samaritan Law (Penal Law § 220.78), a person who in good faith seeks emergency medical help for someone experiencing a drug or alcohol overdose — or who is experiencing one themselves — generally cannot be charged or prosecuted for certain low-level offenses based on evidence obtained as a result of that call. This commonly includes possession of small amounts of a controlled substance and possession of drug paraphernalia. The goal is simple: make it safe to call for help.

What It Does Not Cover

The protection has limits. It generally does not shield against charges such as drug sale or trafficking, and it does not protect against outstanding warrants, probation or parole violations, or other unrelated offenses. Because the details matter and laws can change, this page is a general explanation rather than legal advice. If you have questions about a specific situation, speak with a qualified attorney.

Naloxone (Narcan) Saves Lives

Naloxone, often known by the brand name Narcan, is a medication that can rapidly reverse an opioid overdose. In New York it is widely available at pharmacies, often without an individual prescription, and through community distribution programs. Anyone at risk — or who loves someone at risk — can carry it. With today’s fentanyl-contaminated supply, having naloxone on hand is one of the most effective ways to prevent a fatal overdose. Learn more in our guide to the Good Samaritan Law and naloxone.

If You Recognize a Pattern, Help Is Available

An overdose — or a close call — is often the moment people decide to seek treatment. If you or someone you love is struggling, effective care exists, and NYSHIP and most insurance plans cover it. Whether the concern is heroin, fentanyl, alcohol, or another substance, treatment can begin with a confidential conversation. Learn how NYSHIP covers rehab or verify your benefits below.

Getting Help After an Overdose

Reaching out is private and there is no obligation. Here is how we typically help:

• Collect your NYSHIP or Empire Plan member ID information
• Confirm your behavioral health and substance use benefits on your behalf
• Review the levels of care your plan may cover and what to expect
• Talk through next steps at your own pace, with no pressure

When you are ready, call 631-800-4691 or email support@alumniaidservices.com, and we will help you understand your options and verify your benefits confidentially. If you or a loved one is in immediate crisis, call or text 988. The free, confidential SAMHSA National Helpline is also available at 1-800-662-4357.