Picture the following: you’ve just gotten back from a great night out with some friends, when you notice your roommate is wasted and is on the verge of passing out. You’ve had a few drinks yourself, even though you’re not 21 yet. What do you do? She clearly needs help, but calling an ambulance or grabbing an RA might land you in a ton of trouble as well. Of course, we’d all make the decision to call for help for our friend, but what some of us collegiettes may not know is how a medical amnesty policy could make this situation at lot easier to handle. We’ll give you the 411 on medical amnesty policies so that you’re prepared in those 911 situations.
What is a medical amnesty policy?
Medical amnesty initiatives, also known as Good Samaritan or 911 protection laws, are essentially policies that are put in place to protect you and your friends from facing harsh legal consequences in a drug or alcohol-related emergency. “In simplest terms, it would be if you’re drinking underage you can get help without worrying about getting in to trouble,” explains Aaron Letzeiser, the founder of The Medical Amnesty Initiative, a Michigan-based nonprofit organization dedicated to the introduction, passage, and education of Medical Amnesty legislation throughout the United States. In almost all instances, medical amnesty initiatives will only cover you in terms of protection from legal consequences related to drinking or doing drugs. That is, if you’re involved in something else illegal at the time like property damage, theft, or assault when you call for help, the amnesty policy usually won’t protect you from anything except legal charges related to underage drinking or drugs.
It’s also important to note that most medical amnesty policies shield you from harsh legal consequences like possession charges or even an overnight jail trip, but don’t protect you from university-sponsored punishments or disciplinary action. Most students who call for help under the protection of medical amnesty still face consequences like university-mandated community service, alcohol education classes through the college health center, parental notification, or other school-based penalties. This varies from school to school however, so it’s always a good idea to check with your college or university’s written policy regarding medical amnesty so you’re familiar with what and how you’re covered under the policy.
How do medical amnesty policies differ?
Specific details on what a medical amnesty initiative will and will not cover and to what scenarios it can be applied often vary by state or school. Policies typically cover students at three levels: an individual that calls for help for themselves, protection for fellow students that call on behalf of a friend, and at an organizational level, where members of groups like frats, sororities, or clubs won’t face as harsh of consequences if a member calls for help. Different policies handle and cover these three levels in different ways. It’s important to work with staff in your college or university’s health center to figure out what circumstances are covered by such a policy BEFORE you need to access it. It’s always a good idea to check in with health staff to review whether or not your school offers medical amnesty, and in what scenarios. Check with an RA, someone in the student health center, or a college official like the dean of students or someone similar if you have questions or want to learn more about what your school has in place to protect students. These policies are almost always written down in a student handbook or code of conduct if they’re provided by the college or university.
Do you automatically get amnesty granted, or do you need to fill out paperwork after an incident occurs? Will your parents find out? Does the incident get attached to any sort of academic record? The answers to these questions vary from school to school, so it’s definitely worth reviewing your school’s policy.
“It was actually a super easy process. My friend called for help one night… and I just had to meet with university officials later that week,” shares one collegiette from Northeastern University of her experience with medical amnesty. You’ll be super relieved you know all that information ahead of time if you ever find yourself in a situation where you need to make a difficult decision and pick up the phone and call for help.
It’s also important to make sure you know the difference between what’s typically covered under a statewide amnesty policy as compared to one in place at an individual college or university.
According to Letzeiser, a statewide amnesty law usually “covers the misdemeanor alcohol charge that is commonly referred to as an MIP (minor in possession). Each state varies slightly and some states include the charges of open intoxication and providing alcohol to a minor.” A policy at an individual college or university, on the other hand, “usually covers an immunity from the school’s student judicial process and may require some type of brief alcohol abuse screening/education,” Letzeiser says.
He also notes that, while over 200 schools have some sort of amnesty initiative in place, many of these schools are located in states with no statewide protection or law. This is important to note, since Letzeiser cautions, “if a school has this policy, and is not yet state law, students are usually only covered on campus and may still result in legal action.” The website for Letzeiser’s organization is a great place to find out if the state your school is located in has or is working towards implementing a statewide medical amnesty policy, as well as learn more about what different state policies cover.
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Why is the protection offered by medical amnesty initiatives so important for collegiettes?
It’s simple: “Medical Amnesty is a way for young people who may experiment with alcohol to ensure that if someone needs help, they know they can call 911 at the first sign of an emergency,” says Letzeiser. Obviously the opportunity to call for help without getting you or your bestie in trouble is a huge plus, especially if you haven’t done anything wrong. A study conducted at Cornell University found that while 19 percent of college students reported that help probably should have been called for a friend who had had way too much to drink that night, only 4 percent actually acted on their concerns and called for help. Educating, informing, and empowering us collegiettes to look out for one another when we’re out enjoying life outside of classes is also a super important educational tool. Being open and honest about what to do when you’ve had one drink too many is an easy way to have a larger conversation about some of the other risks related to drinking. “The law is only useful if young people know that the law exists and what the signs of alcohol poisoning are!” Letzeiser reminds.
Medical amnesty policies make it easy to make the right—and potentially life-saving—decision.
Neglecting to call for help when either you or a friend is dangerously drunk can result in death, so medical amnesty policies literally save lives. These initiatives are also super important when it comes to reporting other kinds of crimes that are often connected to alcohol or drug usage.
“I took advantage of our school’s policy one night after an ex did some stuff that made me uncomfortable,” said one collegiette from Northeastern University. “I was hesitant to report what happened at first because I was drunk when it happened, but my friends encouraged me to use the amnesty initiative option here to make sure he faced the consequences instead of me.” Students without the benefit of a medical amnesty policy often don’t report crimes like sexual or physical assault because they’re afraid of risking punishment for underage drinking as well. A medical amnesty policy could prove to be the push you need if you’re facing a tricky spot and are not sure how to handle the situation on your own.
Medical amnesty is an important policy because while the 21-year-old drinking age does not always deter young people from drinking, “the drinking age does contribute to a dangerous hesitation when deciding whether or not to call 911 (or seek help) for someone who is in need of immediate medical attention,” adds Letzeiser. “Should young people call 911 at the first sign of a medical emergency? Of course, and under any other circumstances they would. But, in this type of a situation they aren’t making that call, and young people should not have to pay the price of drinking underage with their life.”
It’s important to note though, that exemption from legal punishments are in no way an excuse to go nuts and overindulge every weekend just because you know you won’t have to pull an all-nighter in a jail cell. Many universities also make note in their amnesty policies that students with a consistent history of alcohol or drug abuse violations often lose the protection offered by medical amnesty. Best option? Just use it, don’t abuse it!
This sounds great! How do I find out if my state or university has this kind of law in place?
Right now, 12 states plus Washington, D.C. currently have a statewide medical amnesty law in place. Eight others are currently working to draft and pass legislation. Even if you don’t live in a state currently covered by law, many universities offer policies for undergrad students to take advantage of as well. Check on your school’s website, or with your RA, someone in the student health center, an orientation leader, or other campus staff member if you have questions regarding your campus’s policy.
If you’re interested in pushing for school or state change regarding medical amnesty protection, start by approaching your school or state government. Research what other schools offer in terms of legal or university-backed protection, and present your body of research to these sympathetic groups, and include different policy suggestions or examples of what other states currently have in place in an email, letter, in-person visit, or quick phone call to your student government representatives, head honchos at your college or university, or even your state representative or senator. You can also follow Letzeiser’s organization on Facebook or Twitter for information and pointers about how to push for this kind of policy in your school or state.
Remember: everyone wants you to stay safe at college. Putting medical amnesty in place at your school is a super crucial step that saves students across the country each year. Step up and serve as a voice for students. Change won’t happen unless you push for it!