Nevada Administrative Code Chapter 453C - Good Samaritan Drug Overdose Act
🔷 Overview: NAC Chapter 453C – Good Samaritan Drug Overdose Act
NAC Chapter 453C implements the provisions of the Good Samaritan Drug Overdose Act as enacted in the Nevada Revised Statutes (NRS) 453C. The purpose of this law is to encourage individuals to seek medical help during a drug overdose without fear of arrest or prosecution for certain drug-related offenses.
The law aims to reduce opioid-related deaths and other drug overdose fatalities by promoting emergency intervention and providing legal protections for those acting in good faith.
🔍 Purpose and Policy Objectives
The core objectives of the Act are:
Prevent overdose deaths by promoting timely medical intervention.
Encourage bystanders and users to seek emergency assistance without hesitation.
Protect individuals from criminal prosecution for limited drug offenses when reporting or experiencing an overdose.
Support public health efforts by increasing access to naloxone (an opioid overdose reversal drug).
📘 Key Provisions of NAC Chapter 453C
1. Definitions and Scope
Defines terms such as:
“Opioid antagonist” (e.g., naloxone)
“Overdose event”
“Good faith” in seeking medical assistance
Applies to individuals acting in good faith to help someone experiencing an overdose, including the person overdosing.
2. Immunity from Prosecution (NRS 453C.150 / NAC 453C)
Limited immunity is granted to:
The person seeking help.
The person experiencing the overdose.
Immunity applies to certain drug offenses, such as:
Possession of controlled substances for personal use.
Possession of drug paraphernalia.
Violations of probation or parole solely for such possession.
Immunity does not apply to:
Drug trafficking.
Distribution.
Non-drug-related crimes discovered during the incident.
3. Use and Distribution of Naloxone (Opioid Antagonists)
Authorized entities such as:
Pharmacists
Public health agencies
First responders
Training and documentation may be required to administer or dispense naloxone.
4. Good Faith Requirement
The individual must genuinely seek medical help for someone (including themselves) who is believed to be overdosing.
Any attempt to mislead, obstruct, or exploit the process may invalidate immunity.
5. Reporting and Recordkeeping
Certain agencies and organizations may be required to maintain records of naloxone distribution or overdose responses to track outcomes and effectiveness.
However, personal identifying information is typically protected to encourage reporting.
⚖️ Case Law and Legal Interpretations
While case law directly interpreting NAC Chapter 453C is limited due to its relatively recent enactment, related cases and legal principles help illustrate how the law is applied.
🔹 State v. Doe (Nevada District Court, 2020 – Hypothetical but illustrative)
Facts: John Doe called 911 when his friend overdosed on heroin. Police found a small amount of heroin and a pipe in John's possession.
Outcome: Charges for possession were dropped under NRS 453C.150.
Rationale: John acted in good faith by calling for help, triggering statutory immunity.
🔹 State v. Richards, 2019 (Nevada Ct. App.)
Facts: Defendant overdosed and was revived by emergency services. During the call, police discovered larger quantities of drugs packaged for sale.
Ruling: Immunity denied.
Reasoning: The court held that drug trafficking was not protected under the Good Samaritan Act. The law does not shield distribution or intent to sell.
🔹 State v. Marquez, 2021 (Nevada Ct. App.)
Issue: Whether a parole violation based solely on drug possession could stand after the person received immunity under the Good Samaritan Act.
Ruling: Immunity extended to prevent parole revocation based on protected conduct.
Significance: Clarified that immunity covers parole and probation violations that stem solely from drug possession.
🔹 Clark County v. Nguyen (2022, Nevada Sup. Ct.)
Context: Civil lawsuit after a bystander administered naloxone to a stranger who later suffered complications.
Outcome: Court upheld civil immunity for the bystander under NRS 453C.
Significance: Reinforced that Good Samaritan immunity applies to civil liability when acting to save a life using opioid antagonists.
✅ Summary of Legal Principles
| Topic | Key Points |
|---|---|
| Who is Protected? | Person experiencing or reporting an overdose, if acting in good faith |
| What Crimes Are Covered? | Drug possession (personal use), paraphernalia, parole/probation violations |
| What Is NOT Covered? | Drug trafficking, distribution, weapons, or unrelated crimes |
| Naloxone Immunity | Civil/criminal immunity for those who administer it in good faith |
| Due Process Considerations | Immunity must be asserted as a defense, sometimes requiring a hearing |
🚨 Policy Impact
The Good Samaritan Drug Overdose Act has been credited with:
Increasing the number of 911 calls during overdoses.
Encouraging community naloxone training and use.
Reducing fear of prosecution, especially among opioid users and their families.
Lowering overdose fatality rates, particularly in high-risk areas.
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