# EMT LEO Duty to act



## knxemt1983 (Mar 4, 2008)

Well, my brother is working for my local Sheriff's office, and is also an EMT. HE is right now working at the detention facility as a correctional officer. This particular department has never had an EMT working anywhere except in the clinic, and he is NOT in the clinic. Nobody there seems to be able tofind the answer as to whether or not he has a "Duty to Act" while he on duty there. He asked me, but I honestly dont know. On one hand I can see how he could have a duty to act in certain circumstances, but also where any medical care should be rendered by the "medical" staff. I tend to think he doesn't because he is not "on-duty" in a medical sense, but I don't want to tell him wrong and I thought you guys might be able to shed some light on it. I know when he gets out on patrol he will have a duty to act as a first responder since the department he works for also runs ems if they are trained and carry BLS equipment. Also we are in Tennessee if that helps anyone

Thanks for any insight you guys can give me.


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## MedicDoug (Mar 4, 2008)

NOT A LAWYER, (didn't even sleep in Holiday Inn Express last night):
Does the job description of a correctional officer include providing emergency medical care? It's apparently not a requirement that COs be EMTs. If it's not in the official job description then you might be able to make a case that there's no duty to act. I wonder, though, if your brother DID act as an EMT would the department cover him if there was an issue? Assuming of course that your brother would generally do the right thing...


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## VentMedic (Mar 4, 2008)

He is on duty as a Correctional Officer.  Any deviation from his job description can jeopardize the safety of himself, inmates and his fellow officers.  His job description should spell that out.  He can identify medical emergencies but must utilize the protocols set forth by his CO job.   There should not be any confusion about this.  He must not be distracted from the job he is hired to do.  While many medical incidents inside correctional facilities are legit, many also have other motives.  Turning your back on inmates or allowing yourself to be distracted is never wise and just plain stupid.   

If EMT is part of his job description inside the facility, he must be sure that other officers are present and all agree the scene is secure enough to "have his back" while he provides care. 

Public Safety Officers on the outside have a different set of P&P.  But, even then their first duty is scene safety and the well being of the public in the area.


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## firecoins (Mar 4, 2008)

he has a duty to act as a correctional officer first and than as an EMT later.


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## knxemt1983 (Mar 5, 2008)

ok, thats pretty much what I was thinking. That he is an officer first since he is not in the medical sector while he is on duty their. The question came up the other day and none of the experienced people knew the answer. Thanks for all the help guys


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## firetender (Mar 12, 2008)

A reality check: As a rule, and especially in function, prisoners neither have the rights nor the recourses of us unincarcerated folks. Truth is, your brother could probably stand idly by as a prisoner bleeds out and there would be no repurcussions.

That's a sad but true statement.


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## VentMedic (Mar 12, 2008)

firetender said:


> A reality check: As a rule, and especially in function, prisoners neither have the rights nor the recourses of us unincarcerated folks. Truth is, your brother could probably stand idly by as a prisoner bleeds out and there would be no repurcussions.
> 
> That's a sad but true statement.



I do not call doing one's job to protect other prisoners and fellow officers as "standing idly". 

You  may be one C.O. overseeing 50 - 100 prisoners.  That is a big responsibility.  I've been there and done that.  It is not a job to take lightly or idly.


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## Jon (Mar 12, 2008)

I would think that since his job is to be a C.O., that he do that job FIRST. If the "patient" needs life-saving intervention (CPR, control bleeding, open airway) and it is safe to do so, than he might be able to help... but only if "the scene is safe"... don't do something stupid, and limit his action's to the first-aid or first responder level.


One of my company's other volunteers is a Deputy Sheriff for his day job... he's been working at the courthouse lately, and his dispatcher tries to send him to medical emergencies when they happen. I'm under the impression he has some basic BLS gear... but from what I understand, he doesn't do a lot other than get basic info and start an assessment, prior to EMS arrival.


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## VentMedic (Mar 12, 2008)

If one is that easily distracted from their duties as a C.O., I would advise not going into Law Enforcement or Corrections as a career. If you forget your duties and protocols which you must preform first, you can easily get another inmate or officer killed.  You can also allow a dangerous felon to escape to potentially harm some innocent member of the public.   If inmates know you are easily distracted because of your perception of a  "medical duty to act", they will use that and set you up.   You could then face charges of negligence and abandonment of your post and protocols.   At the very least, no officer will ever want to work with you or trust you to have their back. 

This is basic C.O academy 101.

Don't take a job if you feel conflicted about your duties.

California just recently had an inmate escape who was in on a murder charge.  It was sheer careless by someone not paying attention or not doing the job they were hired for.


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## medic8613 (Mar 14, 2008)

I'm no lawyer, thank god, but the way I understand it is like this: If he is employed as a Sheriff's deputy (or whatever they call his job) and part of his job discription is EMT, then he probably has a duty to act because he was hired because of his LEO and EMT skills. If he is a deputy and just happens to be an EMT as well,  then he has no legal duty to act.

If on his uniform he has markings that identify him as an EMT (Star of Life pin,  EMT/EMS patch) then he has a legal duty to act, just as if someone walking down the street in their EMS uniform has a duty to act whether on or off duty.


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## Flight-LP (Mar 14, 2008)

medic8613 said:


> just as if someone walking down the street in their EMS uniform has a duty to act whether on or off duty.



Not quite true. If I leave work and come across an MVA on the way home, I have no obligation to stop, nor will I in most cases. What outfit I'm wearing has nothing to do with it. Off duty means off duty................

Even if I stopped at a store on the way home and someone has a medical emergency, I still am under no obligation to help. Would I, maybe, maybe not, just depends on the situation.

You cannot make a blanket statement like that. There is a lot more to it than just "you are in uniform"..................


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## medic8613 (Mar 14, 2008)

Flight-LP said:


> Not quite true. If I leave work and come across an MVA on the way home, I have no obligation to stop, nor will I in most cases. What outfit I'm wearing has nothing to do with it. Off duty means off duty................
> 
> Even if I stopped at a store on the way home and someone has a medical emergency, I still am under no obligation to help. Would I, maybe, maybe not, just depends on the situation.
> 
> You cannot make a blanket statement like that. There is a lot more to it than just "you are in uniform"..................



It must be different from state to state, but where I live if you are in clothing that identifies you as a medically trained person (whether it bee an EMT, paramedic, or even lifeguard), then you have a duty to act.


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