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You and Good Samaritan Laws 
Question: Do all states have "Good Samaritan" laws?
Answer: Basically, the answer is yes. However, it's not that simple.
Good Samaritan laws protect caregivers from prosecution for medical mistakes, as long as the caregivers are acting in a voluntary manner without any expectation of reward (like the good Samaritan from the Bible story). Caregivers can't make gross medical errors, but instead are protected from liability for "reasonable" mistakes. Of course, defining "reasonable" is difficult. Victims tend to believe all medical mistakes are unreasonable.
Good Samaritan laws were initially intended to protect physicians and others with medical training. Over time, court decisions and legislative changes have helped some laws evolve to include untrained rescuers who render aid. There are several versions of Good Samaritan laws and it is important to review your state's information regarding this.
78-11-22. Good Samaritan Act.
A person who renders emergency care at or near the scene of, or during an emergency, gratuitously and in good faith, is not liable for any civil damages or penalties as a result of any act or omission by the person rendering the emergency care, unless the person is grossly negligent or caused the emergency. As used in this section, "emergency" means an unexpected occurrence involving injury, threat of injury, or illness to a person or the public, including motor vehicle accidents, disasters, actual or threatened discharges, removal, or disposal of hazardous materials, and other accidents or events of a similar nature. "Emergency care" includes actual assistance or advice offered to avoid, mitigate, or attempt to mitigate the effects of an emergency.
Amended by Chapter 211, 1987 General Session
Consent
There is an assumption that everyone who needs help wants it. That is not always true. In order to care for someone in need, you must have permission. In the medical field, permission is called consent. Touching someone without his or her consent can be assault or even battery. It is especially true if a victim has expressly forbidden you from touching him or her. Medical consent comes in two forms: expressed or implied. Expressed consent is communicated to you either verbally or in written form. The victim tells you it is ok to provide assistance. The victim must be able to clearly communicate his or her wishes for expressed consent to count.
Implied Consent
Implied consent happens when you are unable to communicate with the victim. Most commonly, this is because the victim is unconscious. When a victim cannot express his or her wishes, there is an assumption that they would ask for help if they could. Consent is also implied for victims who speak a language you don't understand. When a victim can't verbally communicate, body language and other nonverbal cues are used instead. In other words, if the victim doesn't let you help, that means "no."
Who Can Consent?
Expressed consent must come from adults who are not impaired. Intoxicated, developmentally disabled, confused, or underaged victims are considered to have implied their consent. The assumption is that the victims or their legal guardians would ask for help if they were able to do so.
When in Doubt, Assume You Have Consent
Any time you are unsure of the victim's wishes and communication isn't clear, it's important to help. Safety is always paramount; victims who don't want your help may make their wishes clear nonverbally. Don't get hurt trying to give someone help they won't take. For the first aid provider, consent is not nearly as important as it is for an emergency medical service professional. You should not let the sometimes confusing issue of consent prevent you from helping your neighbors in our world.
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