Duty to Act Info

[bigmoosewi]

WI does NOT have a duty of act when you are off duty. In fact, if you are on a transfer and are on your way back to your home area in your ambulance and you come on a accident, you still do NOT have a duty to act. Legally that is. Now obviously there may be moral issues but there is no duty to act. In WI you only have a duty to act when you are dispatched to a call.

 

[MS Medic]

Mississippi does not.

 

[HNM Medical]

In the state of Florida No. If there is one, than I am not aware of it

 

[EMSDude54343]

In the state of Florida No. If there is one, than I am not aware of it

there isnt one in florida, so i have been told by everyone i work for/with, have searched and havent found anything where it says we are. however we are covered under the good samaritan law (cannot be held liable) if we are off duty and decide to render aide.


i have been told that if we are in uniform than we do have a duty to act, dunno if i was told that because of law, or agency rules. plus it would look bad if while in uniform, but off duty, someone saw you go the other way or refuse to help

 

[ffemt8978]

First post in the thread is now updated with links explaining where the info came from. I will continue to update this as members post more links.

On a side note, in reviewing this entire thread for the update, I noticed that several people are confusing Good Samaritan laws with a Duty to Act while off duty.

 

[Stop_fighting_my_tube!]

Question

NO it does not

 

[maves75]

This is really great! I've always wanted to get into the EMT field, have some friends who have done it, but I chose casting. Right now I am casting contestants for Sing If You Can. The show is a singing show in which the contestant is being distracted while singing. Any EMT's out there who sing message me!
I might go back to school to do the EMT training, I really am interested in the field.

 

[Milla3P]

Rhode Island Code - § 11-56-1

"TITLE 11
Criminal Offenses

CHAPTER 11-56
Duty to Render Assistance

SECTION 11-56-1


§ 11-56-1 Duty to assist. – Any person at the scene of an emergency who knows that another person is exposed to, or has suffered, grave physical harm shall, to the extent that he or she can do so without danger or peril to himself or herself or to others, give reasonable assistance to the exposed person. Any person violating the provisions of this section shall be guilty of a petty misdemeanor and shall be subject to imprisonment for a term not exceeding six (6) months, or by a fine of not more than five hundred dollars ($500), or both."

http://www.rilin.state.ri.us/statutes/title11/11-56/11-56-1.HTM

So, In theory RI does, but i'm sure there are ways around it...

 

[ArcticKat]

to the extent that he or she can do so without danger or peril to himself or herself or to others,

So, In theory RI does, but i'm sure there are ways around it...

And a lack of appropriate PPE could be considered a danger.

 

[Milla3P]

And a lack of appropriate PPE could be considered a danger.

So could getting out of your car... Or bed.

 

[ArcticKat]

Apparently not by you though. You must save your boss a Whack of money on gloves.

 

[tstiefel]

http://apps.leg.wa.gov/WAC/default.aspx?cite=246-976-182

 

[tstiefel]

http://apps.leg.wa.gov/WAC/default.aspx?cite=246-976-182

best I could come up with at short notice. will keep looking and ask the chief that taught our class

 

[Aprz]

Anyone know if Alameda County (in California) changed? It's from 2008, the link is dead, and now that we have state cards, I tried looking on both ALCO EMS and CCR, and couldn't find anything.

 

[TheMowingMonk]

As far as I am aware California does not have a duty to act law, at least when you are off duty.

 

[Aprz]

As far as I am aware California does not have a duty to act law, at least when you are off duty.

That's what I think, but I can't find anything on it except what was originally posted here (including when Googled).

 

[spiffy]

Does anyone know if Arizona has a Duty To Act?

I just moved to AZ in may, and have to take the BLS refresher course to become state licensed (thank god it's not like CA where you are county licensed, what a pain that was). Not that I wouldn't act anyways, but just wanted to know the law on it. I know in North Carolina yes you do have to act when you are off duty (sorry, I don't know the website for that, but I watched my brother just go through the paramedic course there and it's for sure) and in CA you don't. Anyone know about AZ?

 

[spiffy]

Once again for the slower ones...Scene safety and your own safety is every providers #1 priority!!! Nobody is saying to put your own life at risk, when did I say to do that? Or when did I say that it is a good to respond to a mvc w/out the proper equipment? Who doesn't want to make it home to their families? Please read each entry through its entirety before posting fruitless comments.

I always was amused at the Duty To Act part for off duty. Granted, yes I have my hands which can help hold a flashlight or something mundane like that. But I wouldn't touch anything with out a pair of gloves (Scene Safe, PPE! Drilled into our heads starting on the first day of classes)

If there was a way I could help without hindering either myself, or others then yes I'd stop. But honestly? Chances of that are so far and few between. Granted, I'd help a choking victim, or a heart attack victim.

 

[Gon8822]

my instructor say only if anyone see u and he know that u are a EMT than u have to act if not u only have to live with your guild on that ..

 

[Tigger]

my instructor say only if anyone see u and he know that u are a EMT than u have to act if not u only have to live with your guild on that ..

First of all I, and most others I'd assume, have no idea what you are saying. The above sentence makes close to zero sense. But that's neither here nor there.

What is here and there is that we do not know which state you are in nor have you bothered to cite your assertion, as requested in the beginning of this thread. Not everything your instructor says is true.