EPFD112
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This question is rather in depth, but I'll try to keep it as short and sweet as possible. Please don't refer me to the sticky, I read it in depth and couldn't find an answer.
Background Info:
I'm a volunteer Firefighter/EMT-B in New York State. My department functions as a BLS rescue squad for EMS calls, with a paid ambulance service responding from a nearby city to transport. We're in a pretty rural area, covering about 60 square miles. I live 2 miles from the fire hall. My chief is only a CFR, as is my first assistant chief. Our second assistant only has basic CPR training. All three have full time jobs and sometimes none are available to respond. Here is the link to the NYS duty to act law, as found in the sticky: http://www.emtlife.com/showpost.php?...9&postcount=25 I also work full time as an EMT, so I'm not just some power hungry whacker volunteer who likes running a blue light to the scene.
Here's the scenario and question:
My department's policy states that only individuals chosen by the chief will be allowed to respond to the scene in their personal vehicles, all others must go to the fire hall and ride on a truck to the scene. Since I joined, all EMT's were issued BLS jump bags for their POV and allowed to go straight to the scene, but were encouraged to go to the fire hall and get on the truck when possible. My Chief is now trying to make it so that if we don't on the truck, we don't go to the call. There are several issues with this that I can see regarding duty to act though.
1.) Since we don't transport, the truck can respond with only a CFR on it. If the truck leaves before I get there, and doesn't have an EMT on it, I normally respond to the scene in my POV to assist and assume patient care since I'm a higher level of care. This wouldn't be allowed under the new rules, so the CFR would be on their own and the patient would not receive care from an EMT for 10-15 additional minutes until the ambulance arrived. I view this as negligence for the EMT as they were already responding.
2.) I'm 20, and therefore can't drive the truck yet. If I get to the fire hall, I have to wait for a driver. If one doesn't show up within 4 minutes (second tone out) I currently leave and go to the scene via POV. Under the new rules, I wouldn't be able to get to the scene to provide patient care. I view this as negligence, he doesn't.
3.) Living 2 miles from the hall, the calls are frequently much closer to my house than they are to the fire hall. Does it really make sense to force my to drive 2 miles to the hall, if the scene is a mile in the opposite direction? This would severely delay patient care, and in a full arrest, could be a life or death difference. There are also times when I would have to drive directly past the scene to get to the fire hall, which I also view as negligence. My Chief doesn't.
Regarding Duty to Act:
It is my understanding that in NY, duty to act for a volunteer begins when you respond to the call. Once you are en route, you have committed and now have a duty to act. My Chief agrees. Our definitions of responding differ greatly though.
His interpretation is that you are not considered responding until you are on the rescue truck, because until that point (unless you are a chief and carry a portable radio) you have not made radio contact to notify dispatch of your response. He is saying that because you aren't technically responding until that point, you do not have a duty to act until you are on the truck, and therefore there is no issue with any of the 3 scenarios I have listed above.
My interpretation is that the moment I walk out my door, get in my car, and head for either the scene or the fire hall, I am responding and have a duty to act at this point. If this is the case, the 3 scenarios I presented above cause a legal issue because they severely delay response time, or withhold it all together.
I'm looking for any insight into this matter. I understand why my chief doesn't want POV's on scene (safety, professional appearance, etc), I see legal and ethical issues with it. Maybe I'm wrong, and if I am I want to know it and I'll gladly admit it.
I know this is a rather long question. If you've made it to the end, I greatly appreciate your time. Any insight or opinions would be awesome.
Background Info:
I'm a volunteer Firefighter/EMT-B in New York State. My department functions as a BLS rescue squad for EMS calls, with a paid ambulance service responding from a nearby city to transport. We're in a pretty rural area, covering about 60 square miles. I live 2 miles from the fire hall. My chief is only a CFR, as is my first assistant chief. Our second assistant only has basic CPR training. All three have full time jobs and sometimes none are available to respond. Here is the link to the NYS duty to act law, as found in the sticky: http://www.emtlife.com/showpost.php?...9&postcount=25 I also work full time as an EMT, so I'm not just some power hungry whacker volunteer who likes running a blue light to the scene.
Here's the scenario and question:
My department's policy states that only individuals chosen by the chief will be allowed to respond to the scene in their personal vehicles, all others must go to the fire hall and ride on a truck to the scene. Since I joined, all EMT's were issued BLS jump bags for their POV and allowed to go straight to the scene, but were encouraged to go to the fire hall and get on the truck when possible. My Chief is now trying to make it so that if we don't on the truck, we don't go to the call. There are several issues with this that I can see regarding duty to act though.
1.) Since we don't transport, the truck can respond with only a CFR on it. If the truck leaves before I get there, and doesn't have an EMT on it, I normally respond to the scene in my POV to assist and assume patient care since I'm a higher level of care. This wouldn't be allowed under the new rules, so the CFR would be on their own and the patient would not receive care from an EMT for 10-15 additional minutes until the ambulance arrived. I view this as negligence for the EMT as they were already responding.
2.) I'm 20, and therefore can't drive the truck yet. If I get to the fire hall, I have to wait for a driver. If one doesn't show up within 4 minutes (second tone out) I currently leave and go to the scene via POV. Under the new rules, I wouldn't be able to get to the scene to provide patient care. I view this as negligence, he doesn't.
3.) Living 2 miles from the hall, the calls are frequently much closer to my house than they are to the fire hall. Does it really make sense to force my to drive 2 miles to the hall, if the scene is a mile in the opposite direction? This would severely delay patient care, and in a full arrest, could be a life or death difference. There are also times when I would have to drive directly past the scene to get to the fire hall, which I also view as negligence. My Chief doesn't.
Regarding Duty to Act:
It is my understanding that in NY, duty to act for a volunteer begins when you respond to the call. Once you are en route, you have committed and now have a duty to act. My Chief agrees. Our definitions of responding differ greatly though.
His interpretation is that you are not considered responding until you are on the rescue truck, because until that point (unless you are a chief and carry a portable radio) you have not made radio contact to notify dispatch of your response. He is saying that because you aren't technically responding until that point, you do not have a duty to act until you are on the truck, and therefore there is no issue with any of the 3 scenarios I have listed above.
My interpretation is that the moment I walk out my door, get in my car, and head for either the scene or the fire hall, I am responding and have a duty to act at this point. If this is the case, the 3 scenarios I presented above cause a legal issue because they severely delay response time, or withhold it all together.
I'm looking for any insight into this matter. I understand why my chief doesn't want POV's on scene (safety, professional appearance, etc), I see legal and ethical issues with it. Maybe I'm wrong, and if I am I want to know it and I'll gladly admit it.
I know this is a rather long question. If you've made it to the end, I greatly appreciate your time. Any insight or opinions would be awesome.
