New Jersey believes in being a good Samaritan, but only in certain circumstances.
The state has a selective good Samaritan law, a life-saving statute that provides legal latitude in cases that involve a minor who calls 911 for help for a severely intoxicated peer.
The New Jersey law, known as Lifeline Legislation, does not extend the same leeway, however, in cases of illegal drug use.
This inconsistency results in many unnecessary deaths, as those in the company of someone who has overdosed from an illicit drug often hesitate to call 911, for fear of legal repercussions.
The state needs to rethink its position and understand that when it comes to an overdose, the drug involved is not what is most important.
The state’s death toll stemming from drug overdoses is considerable.
A fact sheet from the Drug Policy Alliance-NJ shows that overdoses are New Jersey’s leading cause of accidental death.
Almost 6,000 people have died from drug overdoses in New Jersey since 2004; more than 700 people died from drug overdoses here in 2009 alone. These deaths are preventable.
The most vital part of saving an individual from a drug overdose does not occur in the emergency room, nor does it involve a complex medical treatment.
The most critical aspect of saving someone from an overdose is the decision to act swiftly to get the person medical attention. The chance of a person surviving an overdose often depends on the speed with which that person receives appropriate medical care.
Many individuals faced with a medical emergency stemming from drug use often hesitate to call for help or seek medical attention because of uncertainty or the fear of facing legal charges related to their own or the victim’s illicit drug use. This can be fatal.
Good Samaritan laws are proven to prevent fatal overdoses.
They increase the number of calls for medical assistance and follow-up counseling for the individual who overdosed. The same concerns about legal fallout that had prevented underage people from calling for help in cases of alcohol poisoning are even greater for a drug overdose.
Studies have shown that when limited immunity is provided to individuals who seek help for potential overdoses, the number of calls to medical personnel increases, the number of individuals who participate in counseling about drug use increases and numerous lives are saved.
The Drug Policy Alliance-NJ is compiling a video record for people who have lost a loved one because of an overdose. Some of these stories recount how a son or daughter was lost to drugs because their friends froze when they fell ill, afraid to act.
New Jersey’s neighboring state of New York has recently enacted a comprehensive good Samaritan Law.
That state’s governor, Andrew Cuomo, said about the law, “I have received compelling letters from parents whose children have died from a drug overdose or are struggling with drug addiction urging me to approve this bill.
These letters, and other information provided to me, have convinced me that this new law will save lives.”
New Jersey needs to consider Gov. Cuomo’s words as well as the source of the law’s name. The biblical story of the good Samaritan illustrates that when the opportunity to do good presents itself, one should simply act. The parable of the Samaritan who helps a man after he was robbed, beaten and left for dead by the side of the road crystallizes the moral clarity of someone with the willingness to do the right thing and not question the circumstances.
Before the Samaritan had come upon the fallen man and given him succor, two others had seen him but passed him by.
New Jersey lawmakers must stop bypassing those who overdose from drugs, leaving them to die; they need to broaden the good Samaritan law so it can save lives, no matter the drug that imperiled those lives.
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