# Intoxicated Person



## FireChick (Aug 8, 2012)

Looking for some info/feedback/comments on NJSA 26:2B-17 ATRA law.

We were dispatched for an intoxicated person.  Upon arrival, person was intoxicated, but did not want transport.  Police on scene instructed members to take patient to the hospital.  2 members, newer, explained that we cannot take people who do not want to go.  They were pressured by police to take the individual to the hospital per their directive based on NJ ATRA laws.  The squad members, did as instructed, transported to local hospital without police accompaniment and were reprimanded by the hospital.  

When I looked up the law, it does not state anything about non police personnel taking the individual.  When I inquired to the officer after learning about the call, the officer insisted that he is correct, and that no other town requires the police to go with the ambulance in these cases.   

I am looking for anyone who has any additional experience or information that they could offer.  In my training, we as EMT's cannot take anyone who does not want to go, if we do it is considered kidnapping.  If someone is to be taken by police directive, then the police are accompanying since they are in their custody.  My interpretation of NJ ATRA, is that it covered persons who have been arrested, and are in the custody of the police.   

I am looking to have the matter discussed with their Chief provided that they are in fact incorrect, which is my opinion based on experience and training.  

thank you!


----------



## Medic Tim (Aug 8, 2012)

You are not supposed to seek legal advice from this forum.

that said

I do not know how NJ works but where I live and work

If you feel a pt needs to go but is refusing and the police will not take them we will call our olmc who will get us to go available or order the pt into protective custody.


----------



## FireChick (Aug 8, 2012)

*Thank you*

and sorry about the advice part.  New to forum.


----------



## ffemt8978 (Aug 8, 2012)

Thread closed per this rule


> No Legal Advice or Attorney-Client Relationship
> 
> Information contained on or made available through EMTLife forums is not intended to and does not constitute legal advice, recommendations, mediation or counseling of any kind under any circumstance and no attorney-client relationship is formed. Do not act on or rely on any information from EMTLife Message Boards without consulting with a licensed attorney.


----------

