Oklahoma legislators will consider a proposal requiring first responders to notify law enforcement if they reverse an overdose. House Bill 2941 was introduced by Representative Steve Bashore (R) on December 15 and is prefiled for discussion on February 2, 2026. If enacted, it would take effect November 1, 2026. In most states such a proposal would appear to contravene “Good Samaritan” protections for overdose survivors, but Oklahoma doesn’t have any.
“When any first responder … responds to an incident in which the first responder reasonably believes a person is experiencing or has experienced a drug overdose, the first responder shall contact local law enforcement as soon as practicable after attending to the medical needs of the person,” the bill states. “The obligation to contact law enforcement does not require delay in providing medically necessary emergency care.”
The bill also stipulates that first responders acting in good faith “shall be immune from civil or criminal liability for contacting law enforcement.”
Oklahoma is one of only a handful of states with a “Good Samaritan” overdose law that does not offer legal immunity from drug possession charges to the person who overdosed—only to the person who called for help. It also protects any law enforcement officers involved from complaints about their conduct in such situations, regardless of whether they complied with the law.
It’s not clear what the liability would be for first responders if they do not comply with the requirement to contact law enforcement, nor whether they’re expected to warn the overdose survivor if they do.
In 2023, Oklahoma County began pursuing first-degree manslaughter charges for “user-to-user” overdose deaths involving fentanyl.
In many states law enforcement officers are often dispatched to the scene of an overdose along with paramedics, but a requirement like this bill is proposing is not the norm. Similarly, while first responders are often required to report that they responded to an overdose, those reports are generally made to public health officials, not law enforcement.
Oklahoma does already have a law in place requiring medical providers who prescribe or dispense controlled substances to report non-fatal overdose to the state’s prescription drug monitoring program, where law enforcement can review it. This situation would mostly apply to emergency department settings.
The bill would also amend a section of statute covering penalties for drug violations, by adding that “any investigation or prosecution involving a fatal overdose, the presence of fentanyl, a fentanyl analogue, or any mixture or substance containing a detectable amount of fentanyl in the decedent’s blood, tissue, or post-mortem toxicology shall constitute rebuttable prima facie evidence that fentanyl was the proximate cause of death.”
This means that if a death investigation finds that someone had fentanyl in their system at the time that they died, it will be considered the reason that they died unless proven otherwise.
In 2023, Oklahoma County began pursuing first-degree manslaughter charges for “user-to-user” overdose deaths involving fentanyl.
“We are very sensitive about fentanyl and how dangerous it is,” Oklahoma County District Attorney Vicki Zemp Behenna stated at the time. “I want to protect the community at large, and that includes a user who may be in distress. No one should be afraid to call for medical help if someone they are using with takes a turn for the worse.”
Meanwhile, Oklahoma harm reduction providers are bracing for potential expiration of the state law authorizing syringe service programs, which without a replacement will sunset in July 2026. An attempt to extend the deadline died in the Senate earlier in 2025.
Image (cropped) via Federal Bureau of Investigations Law Enforcement Bulletin
