Calling for Help in an Overdose

A family member, friend or anyone else in a position to help may obtain an overdose intervention drug, such as naloxone, under a prescriber's standing order, and may give it to someone suffering an overdose without practicing medicine unlawfully, if they try to summon emergency services right before or right after.

• Gave the overdose intervention drug to someone who appeared to be having an opioid overdose.
• Gave a full name and any other relevant information an officer asked for.
• Stayed with the person until emergency medical help arrived, and cooperated with medical personnel and officers.
• Came into contact with the police because of calling for emergency medical help for that person.

• §IC 16-42-27-2StatutePrescribing or dispensing of overdose intervention drug without examination; requirements; administration of drug; exemption from practice of medicine; entities acting under standing order; statewide standing order; immunity from prosecutionOpens iga.in.gov ↗

Someone who did all of that may not be taken into custody solely for, and is immune from prosecution for, possessing cocaine, methamphetamine, a controlled substance, marijuana or paraphernalia.

• §IC 16-42-27-2StatutePrescribing or dispensing of overdose intervention drug without examination; requirements; administration of drug; exemption from practice of medicine; entities acting under standing order; statewide standing order; immunity from prosecutionOpens iga.in.gov ↗

For alcohol, a person who requested emergency medical help for someone who appeared to need it, or acted with someone who did, gave a full name, stayed until help arrived and cooperated, is immune from prosecution for public intoxication and for a minor's possession or consumption of alcohol, and so is the person helped.

• §IC 7.1-5-1-6.5StatuteRequest of medical assistance, victim of sex offense, crime witness; prohibited from being taken into custody; immunity from criminal prosecution; actions against law enforcement officersOpens iga.in.gov ↗

On a conviction for a controlled substance crime, having requested emergency medical help for someone who appeared to need it, or acted with someone who did, is a circumstance a sentencing court may weigh in mitigation.

• §IC 35-38-1-7.1StatuteConsiderations in imposing sentenceOpens iga.in.gov ↗