MA Off-Duty Laws

[medichopeful]

Hi all,

I've been searching for a while, and I haven't been able to find the answer to this.

What are the laws for Massachusetts in regards to rendering aid/helping while off duty? Granted, I don't want to stop at every scene, but I think it's important to have an understanding of the laws as I'm making this a career.

Answers would be great, but links to the actual laws would be much better.

Thanks!

 

[usafmedic45]

What are the laws for Massachusetts in regards to rendering aid/helping while off duty?

Do you mean in the sense of "Do I have to stop and help?" or "What can I do if I do decide to help?"

1. No. There are only two states (last time I checked; Vermont and Minnesota if I recall correctly) that require you to render assistance as an EMS provider. Keep in mind that Massachusetts has one of those stupid laws where everyone is obligated to offer assistance. Of important note, the law does not require or encourage you to place yourself in peril (such as not following scene safety standards, not wearing gloves or anything else that borders on the amazingly boneheaded). Technically, the law is vague enough that simply calling 911 is considered "rendering due assistance" by most legal entities. The ambivalence of the law, the fact that it's a misdemeanor level offense and the leeway of what constitutes "aid" is one reason the law is pretty much ignored by most citizens and most law enforcement agencies. In other words, you pretty much have to piss off the cops on scene to get in trouble for not helping.

Texas, on the other hand, interestingly has a law stating that no citizen has any statutory obligation to aid another citizen.

2. While off duty, unless otherwise specified by your medical director, stick simply to standard BLS first aid if you really feel compelled to do anything at all. That will minimize any chance of getting yelled at for doing something you should not be doing. Rule #1: if it involves something going inside an orifice, you probably shouldn't be doing it to a patient while off duty. Apply that rule as broadly or narrowly as you like.

Granted, I don't want to stop at every scene, but I think it's important to have an understanding of the laws as I'm making this a career.

Remember this phrase, grasshopper, it will serve you well: "It's what I do for a living. It's not what I live to do." To do otherwise is a recipe for burnout and self-destruction leading to a very short EMS career.

If you're off duty, it's the same as being a lawyer and being off work at a cocktail party. You're not required to give professional advice or help someone fill out their divorce paperwork. EMS is no different. People need to get this "never off-duty, always an EMT" idea out of their heads because it has no basis in legal doctrine in most states. Even those that do it, if you aren't being Wacker Willy and running around with a light bar, 15 stars of life and a "HEY I'M A EMT! AREN'T I GREAT?!" bumper sticker on your truck and continuously wearing EMS t-shirts, how the hell is anyone going to know you were there? All that mentality does is encourage newbies to be obnoxious on scenes, potentially risk infectious disease exposure in order to "save a life" and put themselves at the risk of a lawsuit by some ingrate patient.

 

[firetender]

If you're off duty, it's the same as being a lawyer and being off work at a cocktail party... in order to "save a life" and put themselves at the risk of a lawsuit by some ingrate patient.

I'd sure like to see that website that LISTS all the suits placed against on-duty medics, ex-medics, off-duty medics and whoever who rendered aid to others as a passerby.

...and then, if you found 50 since, say, about 1975, can you find one that stuck?

 

[adamjh3]

Even if it doesn't stick, what about all the legal fees that the medic gets stuck with? We don't make much, and fighting a lawsuit could put some of us out on the street.

 

[medichopeful]

2. While off duty, unless otherwise specified by your medical director, stick simply to standard BLS first aid if you really feel compelled to do anything at all. That will minimize any chance of getting yelled at for doing something you should not be doing. Rule #1: if it involves something going inside an orifice, you probably shouldn't be doing it to a patient while off duty. Apply that rule as broadly or narrowly as you like.

This was what I meant. I was looking for information that related to if I decided to get involved or not, not whether or not there was a "duty-to-act."

Remember this phrase, grasshopper, it will serve you well: "It's what I do for a living. It's not what I live to do." To do otherwise is a recipe for burnout and self-destruction leading to a very short EMS career.

Never heard that phrase, but I do know about the whole "stopping to help" thing. In fact, the reason this came up today was because I refused to get involved (I was with my parents in a nearby city) when we came across somebody that had fallen on the sidewalk. We were just driving by, I wasn't on the sidewalk with them, though my reaction would have probably been the same (though I may have asked if they wanted me to call 911).

If you're off duty, it's the same as being a lawyer and being off work at a cocktail party. You're not required to give professional advice or help someone fill out their divorce paperwork. EMS is no different. People need to get this "never off-duty, always an EMT" idea out of their heads because it has no basis in legal doctrine in most states. Even those that do it, if you aren't being Wacker Willy and running around with a light bar, 15 stars of life and a "HEY I'M A EMT! AREN'T I GREAT?!" bumper sticker on your truck and continuously wearing EMS t-shirts, how the hell is anyone going to know you were there? All that mentality does is encourage newbies to be obnoxious on scenes, potentially risk infectious disease exposure in order to "save a life" and put themselves at the risk of a lawsuit by some ingrate patient.

Just for clarification, the only time I'm in anything EMS related on me for clothes (I carry a CPR minishield keychain, but that's it) is when I'm working, teaching, or going to dinner right before teaching or eating B)

Like I mentioned before, the reason I asked was because I wanted to know the laws, just in case there ever is a rare circumstance that I want to stop. I actually also realized after I posted it that this is something that would be relevant in my other job, where I teach karate. Occasionally, injuries happen and we (the instructors) many times care for them (things like cut fingers, bloody noses, etc). Since I wouldn't be functioning as an EMT, it would be good to know what the laws are so that I can protect myself.

So this brings up a new question. If something happens at karate (cut finger, etc) that does NOT require an ambulance, where does the issue of abandonment stand? For example, let's say a kid skins his knee on gym mats we use. I wash it off for him, give him a band-aid, etc. Can I LEGALLY allow him to go back into class? Or would I need to call an ambulance, get them to sign the refusal, etc? I'm guessing it's the first one, because I'm guessing that the two jobs would be treated separately (for all purposes, not an EMT when working at karate).

I know this is a touchy subject, but I want to completely understand the laws before I ever need them. I also consider there to be a difference between helping a kid at karate and stopping to help people I come across.

 

[usafmedic45]

Even if it doesn't stick, what about all the legal fees that the medic gets stuck with? We don't make much, and fighting a lawsuit could put some of us out on the street.

I don't think I need to elaborate beyond even that other than to say that even if you win the case, sometimes you lose.

 

[usafmedic45]

Just for clarification, the only time I'm in anything EMS related on me for clothes

Right, it wasn't directed at you specifically. It was pointing a finger at the large number of people on this forum who are like what I described.

If something happens at karate (cut finger, etc) that does NOT require an ambulance, where does the issue of abandonment stand? For example, let's say a kid skins his knee on gym mats we use. I wash it off for him, give him a band-aid, etc. Can I LEGALLY allow him to go back into class?

I would say yes. The standard you would be held to is what would persons in your position with your level of training do in that situation. I don't think anyone in their right mind would argue that a kid with an abraded knee needs anything beyond a band-aid and some Neosporin.

Or would I need to call an ambulance, get them to sign the refusal, etc?

Only if you want to be the butt of jokes at the hands of that crew.

 

[usafmedic45]

This was what I meant. I was looking for information that related to if I decided to get involved or not, not whether or not there was a "duty-to-act."

OK...was not sure so I posted both. The general rule I operate by is that unless it's remote (hiking, camping, flying, etc) I don't carry anything beyond a basic first aid kit with me (read as: in my backpack if hiking or in my aircraft or vehicle). Too much hassle, too much expense and too little yield in most situations to warrant it.

 

[nemedic]

Of important note, the law does not require or encourage you to place yourself in peril unless it is to help someone sending in a tax check.
2. if it involves something going inside an orifice, you probably shouldn't be doing it to a patient while off duty. Apply that rule as broadly or narrowly as you like.

Now does that just involve while on an accident scene? Because otherwise, that just ruins all the fun. :beerchug: