RESUMO
INTRODUCTION: Timely medical attention could decrease mortality following drug or alcohol overdose events, but overdose victims and witnesses often delay or fail to seek professional help because they fear police involvement. Statutes that provide immunity from criminal action can have an important impact on seeking timely treatment. METHODS: We systematically collected and reviewed medical amnesty laws (MALs; commonly known as "Good Samaritan laws") that are designed to encourage bystanders and others to contact authorities for assistance during overdose emergencies. Each law was coded to analyze (1) who receives statutory protections and under what circumstances; (2) what factors undercut the credibility of statutory protections; and (3) whether statutory language is easily attainable and understandable. RESULTS: Forty-seven states plus the District of Columbia have MALs, but provisions differ widely in their scope of protection. Some laws may be less effective than others in prompting calls for professional assistance because they either lack protections, allow overly broad discretion, or prove difficult to research. CONCLUSIONS: Some statutes may be ineffective in encouraging calls for professional assistance following overdose events. Narrow immunity provisions with complex language may not be easily understood by the general population.
Assuntos
Direito Penal/legislação & jurisprudência , Overdose de Drogas , Emergências , Perdão , Direito Penal/classificação , Humanos , Responsabilidade Legal , Estados UnidosRESUMO
OBJECTIVES: The authors evaluated the impact of state adult protective service legislation on rates of investigated and substantiated domestic elder abuse. METHODS: Data were collected on all domestic elder abuse reports, investigations, and substantiations for each US state and the District of Columbia for 1999. State statutes and regulations pertaining to adult protective services were reviewed. RESULTS: There were 190 005 domestic elder abuse reports from 17 states, a rate of 8.6 per 1000 elders; 242 430 domestic elder abuse investigations from 47 states, a rate of 5.9; and 102 879 substantiations from 35 states, a rate of 2.7. Significantly higher investigation rates were found for states requiring mandatory reporting and tracking of numbers of reports. CONCLUSIONS: Domestic elder abuse documentation among states shows substantial differences related to specific aspects of state laws.