Curious question about laws regarding interfering with an EMT

[JackC83]

I would only imagine that it would be highly illegal to interfere in the life-saving/preserving actions of EMTs and Paramedics... without legal cause (I.E DNR orders). Am I correct in my assumption... or is it that in some states, it's just not codified and "technically legal"... though may fall under a different law in a creative manner.

 

[JPINFV]

Define "interferance." Someone unrelated to the incident interfering with you is different than, say, a family member trying to tell you the patient's wishes.

Yes, some states have laws making it illegal to interfer with EMTs. Some don't. Just because a law is on the books does not necessarilly mean it will be enforced.

 

[Aidey]

I think it varies by state and situation. What do you mean by intefering? Patients or their guardians can refuse medical care even if it isn't the best thing to do. In some cases the EMS crew may be able to call PD and have the patient/guardian overruled (suspected abuse, psych etc). In other cases we do what the patient/guardian wants, and we can't do anything about their choice.

If we are talking about someone unrelated to the situation, like a random drunk guy bugging you when you are taking care of someone who tripped and fell it probably depends on the state what the laws are.

 

[Akulahawk]

If you're interfering in the performance of my duties as an EMT or Paramedic, that's a misdemeanor in California. PC 148.

148. (a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in Division 2.5 (commencing with Section 1797)
of the Health and Safety Code, in the discharge or attempt to
discharge any duty of his or her office or employment, when no other
punishment is prescribed, shall be punished by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in a county jail
not to exceed one year, or by both that fine and imprisonment.

Do note that "public officer" is not well defined... but it generally refers to someone exercising a sovereign power or governmental function.

 

[JackC83]

I know its highly unlikely to come across a situation like this...

But several situations. You come across a weird religious group, and a kid or even adult is injured (non responsive)... but the administrators refuse you to treat the child/adult, inspite of the child's parents not being there or inspite of the adult's non-responsiveness.

Or... you come across a victim of an assault, and the attacker shows up and tries to interfere.

Essentially people who cannot speak as caretakers, guardians, or relatives who interfere.

 

[Akulahawk]

I know its highly unlikely to come across a situation like this...

But several situations. You come across a weird religious group, and a kid or even adult is injured (non responsive)... but the administrators refuse you to treat the child/adult, inspite of the child's parents not being there or inspite of the adult's non-responsiveness.

Or... you come across a victim of an assault, and the attacker shows up and tries to interfere.

Essentially people who cannot speak as caretakers, guardians, or relatives who interfere.

Out here? As a Paramedic, if I'm getting obstructed from doing my job, it probably also means that I'm being threatened... One quick phone call or radio call and I'd be able to call in a whole bunch of people... who really don't take kindly to EMS being threatened...

 

[JackC83]

Here's a situation that is actually closer to what I'm curious about...

Lets say your a student at a private college that disallows male-female physical contact of any kind. Your a certified EMT (whatever level), and notice a female go unresponsive suddenly... or falls from a height, or otherwise aquires an illness/injury that requires immediate hands on emergency medical care.

You, as the student, are only responding in an unofficial capacity... essentially a "good samaritan". Thing is, your technically violating the schools "yard stick rule". Should an overzealous school administrator/security guard/enforcer (whatever), try to interfere in your efforts... would that interfering person face possible legal trouble?

I know this is EXTREMELY unlikely scenario... but I'm curious all the same. I would like to say that the responding student could say "BACK OFF! You are interfering in a First responder's life saving efforts... and may face legal consequences... BACK OFF"

 

[JPINFV]

But several situations. You come across a weird religious group, and a kid or even adult is injured (non responsive)... but the administrators refuse you to treat the child/adult, inspite of the child's parents not being there or inspite of the adult's non-responsiveness.

...

Essentially people who cannot speak as caretakers, guardians, or relatives who interfere.

Depending on the situation, most youth organizations have permission slips that transfers acute medical decisions to who ever is running the event. So who ever the group leader does, to an extent, have the ability to speak as a care taker. In general, though, the permission slip when read between the lines is, "If something happens, I'm going to call 911 first before I call you."

Oh, and coming from someone who is religious, "weird religious group" is repetitive.

 

[mcdonl]

Jack, let's assume your victims last name is Smith.... within months that University would bear her name.

I dont imagine that life saving efforts would fit the spirit of the rule you mention.

If it did, and I were there... I would simply violate the rules.

 

[HotelCo]

Here's a situation that is actually closer to what I'm curious about...

Lets say your a student at a private college that disallows male-female physical contact of any kind. Your a certified EMT (whatever level), and notice a female go unresponsive suddenly... or falls from a height, or otherwise aquires an illness/injury that requires immediate hands on emergency medical care.

You, as the student, are only responding in an unofficial capacity... essentially a "good samaritan". Thing is, your technically violating the schools "yard stick rule". Should an overzealous school administrator/security guard/enforcer (whatever), try to interfere in your efforts... would that interfering person face possible legal trouble?

I know this is EXTREMELY unlikely scenario... but I'm curious all the same. I would like to say that the responding student could say "BACK OFF! You are interfering in a First responder's life saving efforts... and may face legal consequences... BACK OFF"

Find a different college, FAST!

As others have said, it depends on your state.

 

[JPINFV]

You, as the student, are only responding in an unofficial capacity... essentially a "good samaritan". Thing is, your technically violating the schools "yard stick rule". Should an overzealous school administrator/security guard/enforcer (whatever), try to interfere in your efforts... would that interfering person face possible legal trouble?

If you aren't working in an official capacity at the time, then you are most likely not covered under any sort of interference laws.

 

[Sunyata]

I would like to think that no matter how weirdly religious this school or organization is, that they would much rather help save this girl's life than fret over a male EMT or student who is also an EMT touching her.

But if you are acting in an unofficial capacity, (depending on your state) you may not have any recourse if someone acting as guardian (if she is under 18 or mentally not able to care for herself) for the student requests that you do not touch her.

However, if you are acting in an official capacity, unless the student is a minor or mentally incapable of caring for herself, then the school has no right to interfere in the emergency treatment of the student.

 

[Veneficus]

Here's a situation that is actually closer to what I'm curious about...

Lets say your a student at a private college that disallows male-female physical contact of any kind. Your a certified EMT (whatever level), and notice a female go unresponsive suddenly... or falls from a height, or otherwise aquires an illness/injury that requires immediate hands on emergency medical care.

You, as the student, are only responding in an unofficial capacity... essentially a "good samaritan". Thing is, your technically violating the schools "yard stick rule". Should an overzealous school administrator/security guard/enforcer (whatever), try to interfere in your efforts... would that interfering person face possible legal trouble?

I know this is EXTREMELY unlikely scenario... but I'm curious all the same. I would like to say that the responding student could say "BACK OFF! You are interfering in a First responder's life saving efforts... and may face legal consequences... BACK OFF"

I would seriously look at the place you are getting your education. Even the military makes allowances for medical efforts.

If it is some religious school, well, natural selection is the ultimate authority and those unfit to reproduce will be selected out.

The only time I had to engage the police because of people interfering in my official duties as an EMT or paramedic it was because of overzealous private security guards.

 

[usafmedic45]

and may face legal consequences... BACK OFF"

....and everyone would promptly start laughing, giving you time to work.

 

[Akulahawk]

If you aren't working in an official capacity at the time, then you are most likely not covered under any sort of interference laws.

Exactly. Off-Duty aid provided would NOT have any sort of "protection" by laws such as PC 148. If you see "something" happen, call someone that is covered by such a law and let them go to work. It is far better in that instance because the responders aren't bound by the school/university rules and their employers are generally obligated to provide them with legal defense if their employees are sued because of that work provided.

Also, I'd find another University. Fast. If they're unwilling to allow for medical aid, then their moral compass doesn't point anywhere near where it should.