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Question: To what extent can a non-prehospital care certified

volunteer fire fighter render care when responding as a member of a non-

EMS registered first responder volunteer fire department?

Situation: There are currently two positions on this question. The

first is that of the VFD. The volunteer fire fighter cannot render

care because she does not have an EMS certification. She has a

Healthcare Provider CPR card and can do CPR. This limitation can be

placed on her by the VFD since she is responding as a member of that

department.

The second opinion is that, except for following the orders of her

department as she responds with it, she can do anything she thinks she

is capable of doing without causing harm to the patient and be wiling

to contest law suites that may come her way for giving treatment that

she did not know how to give or that caused harm to the patient. She

is in effect a by-stander who jumps in to help.

Bob Tarbet, LP

McGregor

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Simple answer, at least for Texas.

A non-licensed person responding with a non-licensed responder group,

without medical direction, may not provide medical care beyond layman

first aid and CPR. Even if the person is licensed, regardless of

level of certification, she may not provide medical care beyond

simple first aid and CPR without medical direction. If the responder

group is not licensed, there is probably not a medical director. If

she works for a licensed EMS somewhere, and their medical director

gives her permission to provide more advanced care anytime, anywhere,

this is a different story.

Your second paragraph is a personal injury lawyer's wet dream. If

this person, while responding with a non-licensed responder group,

provides medical care beyond layman first aid and CPR, regardless of

orders from her department, she will have no defense to legal or

regulatory action.

Cheers! Larry

>

> Question: To what extent can a non-prehospital care certified

> volunteer fire fighter render care when responding as a member of a

non-

> EMS registered first responder volunteer fire department?

>

> Situation: There are currently two positions on this question.

The

> first is that of the VFD. The volunteer fire fighter cannot render

> care because she does not have an EMS certification. She has a

> Healthcare Provider CPR card and can do CPR. This limitation can

be

> placed on her by the VFD since she is responding as a member of

that

> department.

>

> The second opinion is that, except for following the orders of her

> department as she responds with it, she can do anything she thinks

she

> is capable of doing without causing harm to the patient and be

wiling

> to contest law suites that may come her way for giving treatment

that

> she did not know how to give or that caused harm to the patient.

She

> is in effect a by-stander who jumps in to help.

>

> Bob Tarbet, LP

> McGregor

>

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From the website of the Texas Medical Association:

Good Samaritan Law: Liability for Emergency Care

The Texas Good Samaritan Law limits the civil liability of persons administering

emergency care in good faith at the scene of an emergency or in a health care

facility. The law limits the civil liability of these persons unless their

actions are wilfully and wantonly negligent. This protection does not apply to

care administered for or in expectation of remuneration, or by a person who was

at the scene of the emergency because he or a person he represents as an agent

was soliciting business or seeking to perform a service for remuneration. Also,

the limited civil liability is not available for a person whose negligence was a

producing cause of the emergency for which care is being administered.

Emergency medical service personnel who are not licensed in the healing arts who

administer emergency care in good faith are not liable in civil damages for an

act performed in administering the care unless the act is wilfully or wantonly

negligent. This limit of liability applies regardless of whether the care is

provided for or in expectation of remuneration.

I assume that confuses the issue even more . . .

Subject: Re: Treatment Restrictions

To: texasems-l

Date: Tuesday, September 30, 2008, 7:06 AM

Simple answer, at least for Texas.

A non-licensed person responding with a non-licensed responder group,

without medical direction, may not provide medical care beyond layman

first aid and CPR. Even if the person is licensed, regardless of

level of certification, she may not provide medical care beyond

simple first aid and CPR without medical direction. If the responder

group is not licensed, there is probably not a medical director. If

she works for a licensed EMS somewhere, and their medical director

gives her permission to provide more advanced care anytime, anywhere,

this is a different story.

Your second paragraph is a personal injury lawyer's wet dream. If

this person, while responding with a non-licensed responder group,

provides medical care beyond layman first aid and CPR, regardless of

orders from her department, she will have no defense to legal or

regulatory action.

Cheers! Larry

>

> Question: To what extent can a non-prehospital care certified

> volunteer fire fighter render care when responding as a member of a

non-

> EMS registered first responder volunteer fire department?

>

> Situation: There are currently two positions on this question.

The

> first is that of the VFD. The volunteer fire fighter cannot render

> care because she does not have an EMS certification. She has a

> Healthcare Provider CPR card and can do CPR. This limitation can

be

> placed on her by the VFD since she is responding as a member of

that

> department.

>

> The second opinion is that, except for following the orders of her

> department as she responds with it, she can do anything she thinks

she

> is capable of doing without causing harm to the patient and be

wiling

> to contest law suites that may come her way for giving treatment

that

> she did not know how to give or that caused harm to the patient.

She

> is in effect a by-stander who jumps in to help.

>

> Bob Tarbet, LP

> McGregor

>

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The GSL does not define scope of practice. What it says, boiled down, is

that if you're a doctor or a nurse, and you're getting paid to render the

treatment, or you expect to be paid for it, you do not have the protection of

the

GSL. However, if you're a medic (that's what the " not licensed in the healing

arts " language refers to) it doesn't matter whether you're paid or not, so the

GSL applies to you even when you're at work on the rig.

You are only covered for " ordinary negligence " however.

The GSL says nothing about the things you can do.

Generally speaking, if you're not functioning under a physician's delegation

(this applies only to Texas; other states have statewide protocols) then you

may do what a lay person is reasonably expected and allowed to do. I would

equate that to what a Red Cross First Aider can do or a BCLS provider can do.

That includes use of the AED, but does NOT include administration of any

drugs. Simple hemorrhage control and Boy Scout bandaging and splinting are OK.

After that, the view gets hazy. Spinal stabilization probably OK so long as

it's done right.

If the lay person gets into trouble, the lawyers will want to know what

training she had in doing ANYTHING she did, and so she better have done it

right.

Oxygen administration is probably a no-no.

Case in point: EMT has passed the Intermediate course but not yet taken the

certification exam. He intubates while on a call. ZAP goes his

certificate, suspended for a year.

Also, remember that the EMS Act, Chapter 773, Texas Health and Safety Code,

defines basic and advanced interventions. There are criminal laws for

impersonating a medic.

Therefore, I would say that your theoretical (I hope) free-lancing medic is

balancing barefoot on a pathway of hot coals laid over quicksand with a moat

with crocs on either side. And the service had better be ready to hold plenty

of cake sales and barbecues to pay the damages.

Gene G.

>

> From the website of the Texas Medical Association:

> Â

>

> Good Samaritan Law: Liability for Emergency Care

> The Texas Good Samaritan Law limits the civil liability of persons

> administering emergency care in good faith at the scene of an emergency or in

a health

> care facility. The law limits the civil liability of these persons unless

> their actions are wilfully and wantonly negligent. This protection does not

> apply to care administered for or in expectation of remuneration, or by a

> person who was at the scene of the emergency because he or a person he

represents

> as an agent was soliciting business or seeking to perform a service for

> remuneration. Also, the limited civil liability is not available for a person

> whose negligence was a producing cause of the emergency for which care is

being

> administered.

> Â

> Emergency medical service personnel who are not licensed in the healing arts

> who administer emergency care in good faith are not liable in civil damages

> for an act performed in administering the care unless the act is wilfully or

> wantonly negligent. This limit of liability applies regardless of whether

> the care is provided for or in expectation of remuneration.

> I assume that confuses the issue even more . . .

>

>

>

> From: L. H. Pacchioni <lpmedic2000@lpmedic20>

> Subject: Re: Treatment Restrictions

> To: texasems-l@yahoogrotexasem

> Date: Tuesday, September 30, 2008, 7:06 AM

>

> Simple answer, at least for Texas.

>

> A non-licensed person responding with a non-licensed responder group,

> without medical direction, may not provide medical care beyond layman

> first aid and CPR. Even if the person is licensed, regardless of

> level of certification, she may not provide medical care beyond

> simple first aid and CPR without medical direction. If the responder

> group is not licensed, there is probably not a medical director. If

> she works for a licensed EMS somewhere, and their medical director

> gives her permission to provide more advanced care anytime, anywhere,

> this is a different story.

>

> Your second paragraph is a personal injury lawyer's wet dream. If

> this person, while responding with a non-licensed responder group,

> provides medical care beyond layman first aid and CPR, regardless of

> orders from her department, she will have no defense to legal or

> regulatory action.

>

> Cheers! Larry

>

>

> >

> > Question: To what extent can a non-prehospital care certified

> > volunteer fire fighter render care when responding as a member of a

> non-

> > EMS registered first responder volunteer fire department?

> >

> > Situation: There are currently two positions on this question.

> The

> > first is that of the VFD. The volunteer fire fighter cannot render

> > care because she does not have an EMS certification. She has a

> > Healthcare Provider CPR card and can do CPR. This limitation can

> be

> > placed on her by the VFD since she is responding as a member of

> that

> > department.

> >

> > The second opinion is that, except for following the orders of her

> > department as she responds with it, she can do anything she thinks

> she

> > is capable of doing without causing harm to the patient and be

> wiling

> > to contest law suites that may come her way for giving treatment

> that

> > she did not know how to give or that caused harm to the patient.

> She

> > is in effect a by-stander who jumps in to help.

> >

> > Bob Tarbet, LP

> > McGregor

> >

>

>

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