Duty to Act Info

Rick Tresnak

Forum Crew Member
99
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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-No https://www.legis.iowa.gov/docs/ico/code/147A.pdf
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
 

MedicDelta

Forum Crew Member
75
1
8
Here in Canada no matter where you are(except Quebec) wether you are a trained medical professional, someone who knows first aid or just a passerby you have no legal duty to assist anyone having an emergency. You could be a paramedic and walk by someone choking and that wouldn't be illegal, sure would be immoral though.
 

huckleberry18

Forum Crew Member
57
5
8
Arizona does not have a "Duty to Act and its sad to say that i live in this state. Alabama does not have one eather
 

huckleberry18

Forum Crew Member
57
5
8
Arizona does not have one but where i live in AZ we can stop and help.out if we have a ID showing who we are or in other words tell who ever is in charge we are a Emt or Firefighter
 

ViolynEMT

Forum Chiefess
1,242
804
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Expert: Michelle replied 8 years ago.
DearCustomer/p>

A Duty to Act is referred to as the Good Samaritan Law in Arizona

And is found at A.R.S. § 32-1471 http://www.azleg.state.az.us/ars/32/01471.htm

and says:

Any health care provider licensed or certified to practice as such in this state or elsewhere, or a licensed ambulance attendant, driver or pilot as defined in § 41-1831, or any other person who renders emergency care at a public gathering or at the scene of an emergency occurrence gratuitously and in good faith shall not be liable for any civil or other damages as the result of any act or omission by such person rendering the emergency care, or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured persons, unless such person, while rendering such emergency care, is guilty of gross negligence

In essence, the law grants legal immunity to someone who offers help a person in need during an emergency such as a highway accident.



Read more: http://www.justanswer.com/law/0lz1k-does-arizona-duty-act-law-so-it.html#ixzz3kQ3F4UhT
 

ViolynEMT

Forum Chiefess
1,242
804
113
Good Samaritan laws are not duty to act laws. Have nothing to do with each other.

I did not write this. I copied and pasted. Someone was asking about the law in Az.
I don't know why it says they are the same thing here. I'm just the messenger.
 

MackTheKnife

BSN, RN-BC, NREMT, EMT-P, TCRN
491
117
43
Expert: Michelle replied 8 years ago.
DearCustomer/p>

A Duty to Act is referred to as the Good Samaritan Law in Arizona

And is found at A.R.S. § 32-1471 http://www.azleg.state.az.us/ars/32/01471.htm

and says:

Any health care provider licensed or certified to practice as such in this state or elsewhere, or a licensed ambulance attendant, driver or pilot as defined in § 41-1831, or any other person who renders emergency care at a public gathering or at the scene of an emergency occurrence gratuitously and in good faith shall not be liable for any civil or other damages as the result of any act or omission by such person rendering the emergency care, or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured persons, unless such person, while rendering such emergency care, is guilty of gross negligence

In essence, the law grants legal immunity to someone who offers help a person in need during an emergency such as a highway accident.



Read more: http://www.justanswer.com/law/0lz1k-does-arizona-duty-act-law-so-it.html#ixzz3kQ3F4UhT
You equate Good Samaritan with Duty to Act erroneously. There are only two states with DTA laws on the books. Other states that have had them decided to do away with them because they couldn't legally define appropriately what DTA meant. I did a presentation on DTA here in FL and covered it for people certified in AHA CPR/First Aid. AED who were worried about DTA.
 

linda simeone

Forum Ride Along
9
1
3
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.
 

chriscemt

Forum Lieutenant
123
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28
What constitutes "important duties to others" in the above?

Like, is driving my kids to school considered "important duties to others"?
 

DesertMedic66

Forum Troll
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For Connecticut it states that only Volunteers are exempt. https://www.cga.ct.gov/2007/rpt/2007-R-0250.htm Am I blind or are only volunteers covered?
The last couple of paragraphs is the info you are looking for:

Under CGS § 52-557b(a), medical technicians who provide free emergency medical assistance outside their normal employment or practice are immune from liability for ordinary negligence.
 

cannonball88

Forum Crew Member
39
15
8
Morning, Folks

There's a profound mix-up here.

Many of you are looking at Good Samaritan laws. These are, essentially, guarantees not to be liable IF you choose to help while off duty.

Duty to act laws determine whether we are obligated. Being a licensed Paramedic, am I obligated while off-duty to stop at a car accident while on my way home from the grocery store? Does that change if I have a bumper sticker that says "Hi, I'm a Paramedic and I'm here to help," and does that further change if I'm wearing a Paramedic uniform and thus identifying myself as such?

Duty to act laws attempt to enforce a matter of ethics. For example...

I live in Michigan. The Good Samaritan law protects me from liability if I choose to help and am off-duty, not expecting payment, not identifying myself as a professional, and staying within the scope of practice of a Lay Responder. However, Michigan does not obligate me to stop and help if I am off duty.
 

MackTheKnife

BSN, RN-BC, NREMT, EMT-P, TCRN
491
117
43
See my post above post from May 2016. At that time there were only a few states that had DTA. The problem is it is hard to accurately, legally define the parameters.
 
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