# Duty To Act



## jpregulman (Sep 24, 2012)

Hi,

I know there are lots of duty to act questions on here but I could not find one for my situation. 

I work on a BLS rig, volunteer with absolutely no compensation. EMT-B. Off duty I like to wear my jacket (so warm )that has my agency patch, NREMT patch and my name.

If I am off duty and wearing my jacket do I have a legal duty to act? I will normally because of ethical reasons but do I have a legal one?


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## Medic Tim (Sep 24, 2012)

jpregulman said:


> Hi,
> 
> I know there are lots of duty to act questions on here but I could not find one for my situation.
> 
> ...



If you are off duty the is no duty to act. Wearing the jacket could be a grey area situation depending on the SOP/sogs of your service. Some places allow their emts to go on the clock in their area as long as an ambulance is on the way/911 was called. As a general rule most providers will/do not identify themselves as emt or Medic as they can only perform basic first aid. In most all places you are only an emt or Medic when working under medical control.


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## DrParasite (Sep 24, 2012)

jpregulman said:


> I work on a BLS rig, volunteer with absolutely no compensation. EMT-B. Off duty I like to wear my jacket (so warm )that has my agency patch, NREMT patch and my name.
> 
> If I am off duty and wearing my jacket do I have a legal duty to act? I will normally because of ethical reasons but do I have a legal one?


As a non-volunteer, I can say with 100% certainty that you should check your individual state laws regarding duty to act.  

As a former volunteer, I will tell you that I will personally mock anyone who wears their EMS duty jacket (complete with patches) when they are off duty. That isn't to say that I haven't done it, only that it's waaaay to easy to mock.  if you like your jacket so much, but a second one without any patches to wear around town.

As a general rule, i don't advertise.  I wear FD or EMS t-shirts when i'm at the gym, or just hanging out at home, but otherwise, I'm incognito (but I will agree, but former fire dept jacket has been my winter jacket because it's warm and comfy, but it's far from a uniform jacket and would never be work on a fire or EMS call).  I always carry my ID with me (and have displayed it when needed or asked by LEO or AHJ EMS at a scene), but a uniform is for work only, and a duty jacket should only be work when doing work related stuff.  but that's just my opinion.


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## Sandog (Sep 24, 2012)

jpregulman said:


> Hi,
> 
> I know there are lots of duty to act questions on here but I could not find one for my situation.
> 
> ...



Did you happen to see the sticky above this thread?  
http://www.emtlife.com/showthread.php?t=5825


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## MrJones (Sep 24, 2012)

This could be a fun hypothetical, though. Say, for instance, that I'm _not_ an EMT-B, but my brother gave me one of his jackets, complete with his agency patch, NREMT patch and our shared last name.

I'm wearing it.

Do I have a duty to act?


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## Sandog (Sep 24, 2012)

firstshirt said:


> This could be a fun hypothetical, though. Say, for instance, that I'm _not_ an EMT-B, but my brother gave me one of his jackets, complete with his agency patch, NREMT patch and our shared last name.
> 
> I'm wearing it.
> 
> Do I have a duty to act?



Sure, whacker duty.


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## NomadicMedic (Sep 24, 2012)

firstshirt said:


> This could be a fun hypothetical, though. Say, for instance, that I'm _not_ an EMT-B, but my brother gave me one of his jackets, complete with his agency patch, NREMT patch and our shared last name.
> 
> I'm wearing it.
> 
> Do I have a duty to act?



No, but if you walked over to the ill/injured person you might be setting yourself up for "impersonation of an emergency worker" if that law exists where you are and if anyone really wants to be prickish about it. 

I'd leave my hypothetical brother's hypothetical jacket at the hypothetical house.


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## Shepard (Sep 24, 2012)

OP: No. But you should definitely check with your agency and see what the rules are regarding uniform attire off duty. If there are no rules, be careful...

Where I am most FDs have volunteers, if they aren't solely volunteer. A lot of people (gfs, bfs, spouses, siblings, etc) wear their gfs, bfs, spouses, siblings duty t-shirt. (Ya know... the blue ones with so and so *FIRE *Dept.) They wouldn't have any duty to act would they? This is pretty similar, no?


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## bigbaldguy (Sep 24, 2012)

Nope, if you're not on duty you don't have a duty to act. It might look bad if you walk by without assisting You might have an unhappy employer if they find out but no, no duty to act.

I wear my EMS rain jacket off work when it's really pouring all the time.


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## epipusher (Sep 25, 2012)

Get a new jacket that is just as warm.


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## Tigger (Sep 25, 2012)

One of the many reasons I wear a jacket that has XXX College Hockey on it at work instead of XXX College Medical Staff. I can walk out of work and not feel the least bit obligated to anyone and my sweet Bauer jacket is sweet.


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## Sandog (Sep 25, 2012)

epipusher said:


> Get a new jacket that is just as warm.



On an EMT salary, it may be unaffordable to buy another jacket.


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## DrParasite (Sep 25, 2012)

Tigger said:


> One of the many reasons I wear a jacket that has XXX College Hockey on it at work instead of XXX College Medical Staff. I can walk out of work and not feel the least bit obligated to anyone and my sweet Bauer jacket is sweet.


where do you go o college that they teach porn stars?  that's an EMS job I could totally get into





Sandog said:


> On an EMT salary, it may be unaffordable to buy another jacket.


BS.  what did you do before you go the job in EMS?  Do you wear stuff besides work uniforms?  If you were to lose the job, and it was cold out, what would you end up wearing?

Let me make it even simpler.  If you can't afford a jacket, get a used one.  go to the salvation army.  or if you are really desperate, call up your mother, and tell her that for your birthday, you want a nice warm jacket.  you can even shop with her, and if she's anything like my mother, she will love the quality time you will be spending with her.


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## Tigger (Sep 25, 2012)

DrParasite said:


> where do you go o college that they teach porn stars?  that's an EMS job I could totally get intoBS.  what did you do before you go the job in EMS?  Do you wear stuff besides work uniforms?  If you were to lose the job, and it was cold out, what would you end up wearing?



If I told you I would have to kill you.


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## EpiEMS (Sep 25, 2012)

Tigger said:


> If I told you I would have to kill you.



So you want to keep the XXX college student body to yourself? 

But in all seriousness, if you've got a warm shirt that happens to say EMT/AEMT/Medic or, hell, EMS Medical Director, it doesn't seem to confer upon you any responsibility to act, 'least, not in my neck of the woods.


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## jpregulman (Sep 25, 2012)

Thanks for all the responses! the reason I ask is me and everyone else in my unit is already low on cash. We had to buy the duty jacket so buying another one doesn't sit to well with my wallet.


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## DrParasite (Sep 25, 2012)

jpregulman said:


> We had to buy the duty jacket so buying another one doesn't sit to well with my wallet.


That brings up another pet peeve of mine: as a volunteer, I shouldn't be paying for any mandatory item.  the agency should provide uniforms, and that should include a jacket.  uniforms should be properly budgeted for, just like NRBs and vehicle repairs

In my time, I have purchased my own jobshirts, but they were optional.  I was always given a jacket, or had a jacket provided by the job that I could wear when on a cold night (even if they were communal).  

You are low on funds; that's cool, so are most people.  if it's a choice, between purchasing a warm jacket that I can wear anytime, and a jacket for work that I can (or should only be) wear at work, I will be honest, I'm buying a jacket I can wear any time.


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## Trashtruck (Sep 25, 2012)

I don't advertise where I work, ever. 
Besides the right-in-front-of-you incidences you may happen upon as a non-uniformed, off-duty person, I'm not stopping to help. If I do, I'm a layperson and will not announce myself as a paramedic.


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## jpregulman (Sep 25, 2012)

Just to all you haters about me not having money. I am a college student and paying 50 thousand a year in student fees.


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## Tigger (Sep 25, 2012)

jpregulman said:


> Just to all you haters about me not having money. I am a college student and paying 50 thousand a year in student fees.



Me too bro. Except I'm not wearing my EMS jacket errywhere. The biddies flock to me just the same.:rofl:


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## WuLabsWuTecH (Sep 27, 2012)

Our agency has no problems with us wearing a sweatshirt or polo or jacket while off duty, but our duty shirts are not to be worn unless going to or from a shift, or to or from a scene directly.  Our department SOGs also state that while in the district and wearing any department apparel, we have a duty to render aid when safe.  This is to avoid ending up on the 6 o'clock news of "EMT from XXX Fire Department walks by Child hit by Car"  Do we have a legal duty?  No.  And that is made clear in the SOG, but it is an administrative one that you can be disciplined for.

Our winter jackets are very nice and cost about $300 a piece.  Chief has ordered that no patches or names go on them as he had the foresight to know that everyone would immediately use them as their main winter jacket because of how comfortable they are.


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