Hello everyone I have just joined this forum in the hope that you may help to settle a dispute I had with one of my fellow EMTs. PLEASE NOTE THIS TOOK PLACE IN NJ. Here is the scenario:
We are at a standby for an annual 5K run when we are told that a minor has "popped her knee out." The minor, whom was brought to us, is placed on the stretcher and we begin to assess her. The patient reports that her knee had "popped out of its socket" but she was able to put it back in place and now it "just hurts." As we proceed to ice the knee she informs us that she is 17 years of age and is from New York State.When we ask where her parents are she informs us that her parents are home and she came here with a friend's parents. As the friend's parents come over we inform the patient that we will be taking her to our local hospital. The patient begins to refuse care (keep in mind this is a minor and legally has no right to do so seeing as she is neither emancipated nor a parent) and the friend's parents agree that they do not want her going to the hospital. At this point my lieutenant was about to hand over the RMA form when I pulled him aside and stated that we cannot accept the refusal seeing as they are not her parents/ legal guardians. He acknowledges this and proceeds to ask if he may contact the patient's parents. My lieutenant proceeds to call the patient's supposed mother and receives consent for the RMA. Now here arises the dispute. I stated that I do not believe that consent for a Minor's RMA may be given via telephone while my Lieutenant and Captain, who were uncertain but acted in good faith, said said it could be. My questions to you all is, in the state of New Jersey, may a minor receive parental consent to RMA via telephone and if so on what grounds? Thanks in advance.
We are at a standby for an annual 5K run when we are told that a minor has "popped her knee out." The minor, whom was brought to us, is placed on the stretcher and we begin to assess her. The patient reports that her knee had "popped out of its socket" but she was able to put it back in place and now it "just hurts." As we proceed to ice the knee she informs us that she is 17 years of age and is from New York State.When we ask where her parents are she informs us that her parents are home and she came here with a friend's parents. As the friend's parents come over we inform the patient that we will be taking her to our local hospital. The patient begins to refuse care (keep in mind this is a minor and legally has no right to do so seeing as she is neither emancipated nor a parent) and the friend's parents agree that they do not want her going to the hospital. At this point my lieutenant was about to hand over the RMA form when I pulled him aside and stated that we cannot accept the refusal seeing as they are not her parents/ legal guardians. He acknowledges this and proceeds to ask if he may contact the patient's parents. My lieutenant proceeds to call the patient's supposed mother and receives consent for the RMA. Now here arises the dispute. I stated that I do not believe that consent for a Minor's RMA may be given via telephone while my Lieutenant and Captain, who were uncertain but acted in good faith, said said it could be. My questions to you all is, in the state of New Jersey, may a minor receive parental consent to RMA via telephone and if so on what grounds? Thanks in advance.
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