911 Good Sam Law “The Kristin L. Jackson and John M. Perkins Jr. Law”
Delaware’s Good Samaritan Law
When Jeanne and Don Keister decided to do something about the heroin crisis that took the life of their son, Tyler Armstrong Keister, in December 2012 they started atTAcK addiction. The capitalization of three specific letters are Ty’s initials. The focus was - and continues to be - on breaking the stigma of silence that envelops loved ones or persons living with the disease of addiction. If you have a loved one living with Substance Use Disorder (SUD), they want you to know that you are not alone. As it has from the beginning, the group focuses on education and working on policies that prevent overdose deaths and help people recover.
In 2013, several people who attended those initial meetings had also lost sons, daughters or loved ones. The question became how, and what, action to take. Liz and Marty Perkins were two of the moms and dads. They had lost their son, John, in May 2011. As a result of John’s accidental heroin overdose death, they initiated the grief support group G.R.A.S.P. in Delaware. Dave and Gail Humes were there due to the accidental heroin overdose death of their son, Greg. The detective that investigated Greg’s death told them, “If we had a 911 Good Samaritan Law or a Narcan law, your son might very well be alive.”
atTAcK addiction members agreed that the best approach was to work on passing an immunity law. There would be no cost to the state and it would save lives. As people would later hear our members quote, “Nothing about us without us.” In helping to craft the legislation we sought out community members who were in short- or long-term recovery, and people who were still in active use. The number one reason that people wouldn’t call 911 in the event of a suspected overdose was the fear of arrest. We had to educate members of the General Assembly.
In the end, the final legislation passed without a vote against it in either chamber of the General Assembly. The law granted immunity from arrest, charge or prosecution to the person in medical distress and the person making the life-saving call. The legislation also provides immunity for underage persons who make the call when it involves alcohol. The law was signed on July 2, 2013.
During a 2021 International Overdose Awareness Day (IOAD) candlelight vigil near the University of Delaware campus, Liz Perkins said, “I can’t believe these kids don’t know about the 911 Good Samaritan Law.” The response to her was, “Liz, you have to remember, these kids were in 4th grade when we passed the law.”
Please feel free to contact us with any questions you may have about the Delaware 911 Good Samaritan Law.
Protection for People Who Administer Narcan
Providing Emergency Care Is the Priority
Beyond making a life-saving call, another Delaware Good Samaritan law protects people who administer Narcan in the case of an overdose from facing civil damages. In 2018, this legislation was passed in the Delaware General Assembly without a vote against it and signed into law. Under Delaware law, if you render emergency care or assistance, you can't face a civil lawsuit for trying to help.