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Duty to Act Info

Discussion in 'EMS Talk' started by ffemt8978, Nov 13, 2007.

  1. ffemt8978

    ffemt8978 Forum Vice-Principal Community Leader

    A location near you....probably
    EMS Training:
    As a split off of the thread concerning PA Duty to Act Law, I've got a question for our members.

    Does your state have a "Duty to Act" law for when you are off duty?

    If it does, please provide a link or cite to the law. If it does not, please respond anyway so we can update the list.

    UPDATE: Here is a list of the states and if they have a legal Duty to Act while off duty. Link goes to post in this thread
    California - NO http://www.emtlife.com/showpost.php?p=79118&postcount=29
    Colorado - NO http://www.emtlife.com/showpost.php?p=99669&postcount=44
    Connecticut - NO http://www.emtlife.com/showpost.php?p=62459&postcount=9
    District of Columbia
    Florida - (Maybe) if part of government agency http://www.emtlife.com/showpost.php?p=101810&postcount=50
    Georgia - NO http://www.emtlife.com/showpost.php?p=65426&postcount=16
    Idaho - NO http://www.emtlife.com/showpost.php?p=66007&postcount=18
    Illinois - NO http://www.emtlife.com/showpost.php?p=142746&postcount=71
    Indiana - NO http://www.emtlife.com/showpost.php?p=65410&postcount=15
    Massachusetts - NO http://www.emtlife.com/showpost.php?p=120665&postcount=65
    Michigan - NO http://www.emtlife.com/showpost.php?p=263488&postcount=140
    Minnesota - YES http://www.emtlife.com/showpost.php?p=89543&postcount=32
    Mississippi - NO http://www.emtlife.com/showpost.php?p=89660&postcount=33
    Missouri - NO http://www.emtlife.com/showpost.php?p=71060&postcount=23
    Nevada - NO http://www.emtlife.com/showpost.php?p=323809&postcount=10
    New Hampshire
    New Jersey - NO http://www.emtlife.com/showpost.php?p=99587&postcount=43
    New Mexico - YES if in uniform http://www.emtlife.com/showpost.php?p=62072&postcount=7
    New York - NO http://www.emtlife.com/showpost.php?p=74169&postcount=25
    North Carolina
    North Dakota
    Ohio - NO http://www.emtlife.com/showpost.php?p=62501&postcount=11
    Pennsylvania - NO http://www.emtlife.com/showpost.php?p=119411&postcount=57
    Puerto Rico
    Rhode Island
    South Carolina -
    South Dakota
    Tennessee - NO http://www.emtlife.com/showpost.php?p=255282&postcount=124
    Texas - NO http://www.emtlife.com/showpost.php?p=62066&postcount=5
    Vermont - YES http://www.emtlife.com/showpost.php?p=60725&postcount=3
    Virginia - NO
    Washington - NO http://www.emtlife.com/showpost.php?p=229156&postcount=104
    West Virginia
    Wisconsin - NO http://www.emtlife.com/showpost.php?p=265021&postcount=141
    Last edited by a moderator: Jul 29, 2011
  2. jrm818

    jrm818 Member

    For some reason I feel like VT or ME might....I dont konw for sure because I don't work there, but I seem to remeber being told that one of those out-in-the-boonies states does.
  3. jrm818

    jrm818 Member

    Addendum: VT. definatly does - dunno about any other states.

    12 Vt. Stat. Ann. § 519. Emergency medical care
    (a) A person who knows that another is exposed to grave physical
    harm shall, to the extent that the same can be rendered without
    danger or peril to himself or without interference with important
    duties owed to others, give reasonable assistance to the exposed person
    unless that assistance or care is being provided by others.
    (b) A person who provides reasonable assistance in compliance
    with subsection (a) of this section shall not be liable in civil damages
    unless his acts constitute gross negligence or unless he will receive or
    expects to receive remuneration. Nothing contained in this subsection
    shall alter existing law with respect to tort liability of a practitioner of
    the healing arts for acts committed in the ordinary course of his
    (c) A person who willfully violates subsection (a) of this section
    shall be fined not more than $100.00.
  4. ki4mus

    ki4mus New Member

    Craig County
    EMS Training:
    VA don't have one, but if the County Cops/state troopers recognize your car, or you have rescue squad plates they can, will, and have commandeered people to work 10-50's and the like

    one of our members was commandeered by a North Carolina trooper to work a 10-50 until a unit arrived (he had rescue squad plates)
  5. mdtaylor

    mdtaylor New Member

    Texas has NO duty to act when off duty.
  6. wlamoreemtb

    wlamoreemtb New Member

    union county Nj
    im not sure if nj or ny does
  7. TransportJockey

    TransportJockey Well-Known Member

    From what I remember of that lecture in class, if you are in uniform (off duty or not) you have a duty to act. Otherwise you do not if off-duty
    Out here in NM at least
  8. missykay

    missykay New Member

    Bloomfield, NM
    jtpaintball is correct for the state of New Mexico. Why to go. I to have to test on the 1-5-o8....lol. Good luck!!
  9. fyrdog

    fyrdog New Member

    Tolland, CT
    EMS Training:
    Connecticut has no duty to act. You can drive by in your POV with stickers and lights all over it and you don't have to stop.
  10. ffemt8978

    ffemt8978 Forum Vice-Principal Community Leader

    A location near you....probably
    EMS Training:
    For those of you that have responded that you do have a duty to act, please post a link to your state law. This is meant to be a factual thread, not one of opinions or vague recollections.

    Thank you.
  11. wolfwyndd

    wolfwyndd New Member

    Springfield, OH
    EMS Training:
    To the best of my knowledge, Ohio does NOT have a Duty to Act law if you are offduty and in your POV. I don't believe we have a legal obligation to stop if we're in the ambulance if we are OUT of our jurisdiction. You better bet we will (as long as we don't have a patient already), but I don't think it's a legal obligation. I'll ask my wife though, she's an Ohio licensed attorney. If the information i have posted is inaccurate, I will repost the correct information.
  12. medicman14

    medicman14 New Member

    EMS Training:
    Fl duty to act

    Florida has no duty to act while off duty.
  13. JPINFV

    JPINFV Gadfly

    404: No Meme Found
    To the best of my knowledge, California does not have a duty to act law for off duty providers.
  14. hitechredneckemt

    hitechredneckemt New Member

    jerusalem ohio
    EMS Training:
    i think i do remember talking about ohio having a duty to act law when i was in medic class
  15. lcope

    lcope New Member

    Indiana, to the best of my knowledge, does not have a "duty to act" law.
  16. Grady_emt

    Grady_emt New Member

    Atlanta, where the players play, and we ride on th
    EMS Training:
    Official Code of Georgia Annotated


    O.C.G.A. § 31-11-8 (2007)

    § 31-11-8. Liability of persons rendering emergency care; liability of physicians advising ambulance service pursuant to Code Section 31-11-50; limitation to gratuitous services
    (a) Any person, including agents and employees, who is licensed to furnish ambulance service and who in good faith renders emergency care to a person who is a victim of an accident or emergency shall not be liable for any civil damages to such victim as a result of any act or omission by such person in rendering such emergency care to such victim.
    (b) A physician shall not be civilly liable for damages resulting from that physician's acting as medical adviser to an ambulance service, pursuant to Code Section 31-11-50, if those damages are not a result of that physician's willful and wanton negligence.
    (c) The immunity provided in this Code section shall apply only to those persons who perform the aforesaid emergency services for no remuneration.
  17. Ridryder911

    Ridryder911 EMS Guru

    Actually every state has a "duty to act"; it is however they intent and how it is written that makes the difference.

    R/r 911
  18. Station2

    Station2 New Member

    EMS Training:
    Idaho has NO duty to act when off duty.
  19. MedRhett

    MedRhett New Member

  20. Flight-LP

    Flight-LP Active Member

    Houston, Texas
    EMS Training:
    Critical Care Paramedic

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