Duty to Act Info

ffemt8978

Forum Vice-Principal
Community Leader
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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
Alabama
Alaska
Arizona
Arkansas
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
Delaware
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
Hawaii
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
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
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
Montana
Nebraska
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
Oklahoma
Oregon
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
Utah
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
Wyoming
 
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jrm818

Forum Captain
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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.
 

jrm818

Forum Captain
428
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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
practice.
(c) A person who willfully violates subsection (a) of this section
shall be fined not more than $100.00.
 

ki4mus

Forum Crew Member
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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)
 

wlamoreemtb

Forum Crew Member
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im not sure if nj or ny does
 

TransportJockey

Forum Chief
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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
 

missykay

Forum Ride Along
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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!!
 

fyrdog

Forum Lieutenant
122
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0
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.
 

ffemt8978

Forum Vice-Principal
Community Leader
8,953
44
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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.
 

wolfwyndd

Forum Captain
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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.
 

medicman14

Forum Crew Member
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Fl duty to act

Florida has no duty to act while off duty.
 

JPINFV

Gadfly
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To the best of my knowledge, California does not have a duty to act law for off duty providers.
 

Grady_emt

Forum Captain
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Official Code of Georgia Annotated

TITLE 31. HEALTH
CHAPTER 11. EMERGENCY MEDICAL SERVICES
ARTICLE 1. GENERAL PROVISIONS

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.
 

Ridryder911

EMS Guru
5,920
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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
 
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