Duty to Act Info

VentMedic said:
Are your lungs magically better when you are at work?
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Oh, no, no, no, no. My lungs aren't magically better at work. You misunderstood (or I wasn't clear, which is also quite possible) my point. My point was that there ARE some things that an employer CAN tell you that you can't do while you're off duty. Right or wrong, that's a fact of life. Hence most services urinalysis pre - employment test. I actually quite smoking a bit over two years ago and (knock on wood) haven't picked it back up again.

Your on/off duty compensation sounds like you work for a Public Safety or your ambulance service is now recognized as such in your state.
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Yes, you are correct. Although I am called a 'volunteer' I think our legal status is part time - on call . . . . . . or, something like that. IE, we get 10.00 per call. So, no call, no compensation. At least at the ambulance company. The fire department I work for is strictly volunteer. We have NO compensated members. Not even our Chief. The fire and EMS is COMPLETELY separate in our area of SW Ohio.
 
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Fl duty to act?

VentMedic said:
I am trying to find the exact statute on that on but right now it stands as ONLY for employees of a governmental agency. It may not hold true for employees of private companies.

In the meantime here's another discussion on that:

http://www.emsresponder.com/publication/article.jsp?pubId=1&id=2046

Where Duty Ends: The Perils & Pitfalls of Off-Duty Response

Updated: July 8th, 2008 05:26 PM EDT
From the September 2004 Issue of Emergency Medical Services
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Thanks for the info in the links. I found this and have been searching the internet. From the FLDOT to the FL-DEMS and I have had this argument with instructors since I was a Volunteer EMS First Responder. From what I can find:

For the professional rescuer the duty to act is generally inherent to employment. If you are a trained medical professional and you are acting with an expectation of compensation you have a duty to act appropriately and within the scope of your training when called to assist with an emergency situation.

Let’s put that in plain English. If your are on the clock and receiving pay for your service, you have a duty to respond to emergencies and provide appropriate rescue and care. The rescue and care you provide has to be in accordance with your training. It also has to be reasonable and within your scope of practice.


Unless I see someone in threat of emminet loss of life or great bodily harm, I will usually drive over to the MVA and just ask, Hey, is anybody hurt? I do not have light or stickers or anything on my car that says I am ems.

I, like most of us want to help, but sometime helping is being a direct line over 911 to the enroute medics, providing as much info so they will be prepared. Like reaper said, It's really your choice.

The one thing about florida EMS law in this instance, once you touch a patient to render ems care and you are waiting for units to arrive, you are there till care can be transfered, you cannot leave the Pt or scene. So if you take C-spine, there you are till back up arrives.
 
WA duty to act

Does anyone know if WA state has a duty to act (for off-duty medics)? I've gone through this whole thread and haven't seen anything on WA. I've also tried to research it online and couldn't find much. Thanks.
 
Washington State Duty to Act

I'm from Washington State too, and I was unable to find a law with regards to off-duty EMT's providing care. When I took my EMT class my instructor mentioned a law in the books which stated "if your affiliated with an agency, you must respond even if your off-duty to assist." In any event you can always respond under the "Good Sumaritian Law" and provide YOUR scope of practice... (I've done it, and haven't had any problems) B)


EMT-B, CPR/AED/First Aid Instructor:
 
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Interesting. I finally asked my EMT instructor last night (I took the class last year). According to him, WA has *no* off-duty duty to act. Anyone know more that wants to comment?
 
EMT012 said:
I'm from Washington State too, and I was unable to find a law with regards to off-duty EMT's providing care. When I took my EMT class my instructor mentioned a law in the books which stated "if your affiliated with an agency, you must respond even if your off-duty to assist." In any event you can always respond under the "Good Sumaritian Law" and provide YOUR scope of practice... (I've done it, and haven't had any problems) B)


EMT-B, CPR/AED/First Aid Instructor:
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Probably should clear that up, my instructor said that if you come across let's say an accident and your agency responds (EMS that is) than your suppose to stop and assist, it's more of a courtesy aid than anything else. Otherwise in WA Law, there isn't an actual "law" that I could find, but why would you Not stop and assist, especially if your the only licensed responder?

EMT-B, CPR/AED/First Aid Instructor
 
Mass Duty to Act

I just finished the ethics/legal section of my basic refresher last week and this was actually a big section of it because it is so widely misunderstood. MA does have a duty to act, on duty or off duty, if you can be identified as police fire or ems you can be held accountable because in MA any police and fire are a minimum of first responder. This is ONLY true if there are no other services already on scene. MA does also have a Good Samaritan Law but any of the above do not fall under this Law because you have a higher level of medical training. The Good Samaritan Law only covers "civilians" that stop and attempt to help.

My instructor has the laws and such if anyone is really interested. Just trying to pass on some updated info.
 
Gotta love it when states decide that GS laws only cover people who don't have a clue what they are doing...
 
MAfire/ems said:
I just finished the ethics/legal section of my basic refresher last week and this was actually a big section of it because it is so widely misunderstood. MA does have a duty to act, on duty or off duty, if you can be identified as police fire or ems you can be held accountable because in MA any police and fire are a minimum of first responder. This is ONLY true if there are no other services already on scene. MA does also have a Good Samaritan Law but any of the above do not fall under this Law because you have a higher level of medical training. The Good Samaritan Law only covers "civilians" that stop and attempt to help.

My instructor has the laws and such if anyone is really interested. Just trying to pass on some updated info.
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Interesting. Do you know which statute it is?
 
Does anyone know if Rhode Island has a Duty to Act law? I cant seem to find it anywhere.
 
No Duty To Act

I just got out of EMT school in NJ and in medical legal we were tought there is no legal obligation to act. We were told this goes to the extent of if we were driving back from the hospital and passed a bad car accident not in our town then we still had no duty to act even in an ambulance. The only exception is if you have interaction with the victim because after that they said it is considered Pt Abandonment.

I feel that even if there is not a legal duty to act there is still a moral duty to act and i would stop for anything if something were to occure in my presence.
 
589661 said:
I just got out of EMT school in NJ and in medical legal we were tought there is no legal obligation to act. We were told this goes to the extent of if we were driving back from the hospital and passed a bad car accident not in our town then we still had no duty to act even in an ambulance. The only exception is if you have interaction with the victim because after that they said it is considered Pt Abandonment.

I feel that even if there is not a legal duty to act there is still a moral duty to act and i would stop for anything if something were to occure in my presence.
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Who was your course instructor?
GO GET A REFUND!

NJ has a very wacktastic view of the law, and if you are certified, you MUST provide aid. However, you can get away with no providing any if you are intoxicated, don't have BSI, etc.
Go ahead and drive by an accident. People LOVE to beyotch, and you will get called out.
 
It was MONOC who was the provider of the class, and the MONOC lawyer was the one who told us this, in fact i have it all recorded on tape. (used to study for test)
 
589661 said:
It was MONOC who was the provider of the class, and the MONOC lawyer was the one who told us this, in fact i have it all recorded on tape. (used to study for test)
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Nuff said. :rolleyes:

Can't spell MONOC without O NO!!
 
LOL thats so funny. What is the actual law in NJ so i am not ignorant to the facts?
 
Doing some research on it now.

I wouldn't trust an agency that pulls medic trucks and depends on M/A MICUs that are already bust, and over 30 miles away to provide ALS care to the citizens it serves.
 
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