Restraining a 5150?

[TreySpooner65]

Can anyone cite a law or provide insight to the laws regarding restraining a patient who is refusing treatment but is a harm to himself or others?

Does a LEO have to do it?

I am mostly interested in the law as it pertains to EMTs in California.

 

[Cup of Joe]

The textbook says that an EMT can do it, but I think everyone will agree, if it is an option, get to safety and let PD handle it.

In NY BLS protocols, it doesn't say who can and cannot restrain the patient, it only says that it must be done in accordance to the New York State Mental Health Law, and a police or peace officer must be present prior to the application of restraints. You must also document who authorized the use of restraints and the reason for restraining the patient.

 

[Akulahawk]

Basically, we're walking a fine line between battery, detention, and protection of the patient. If you're seeking hard restraints (handcuffs to frame of gurney) you'd best have LE do it and have one along for the ride... Soft restraints?

Try one of these in the California Code of Regulations:
A. Health and Safety Code, Division 2.5, Ch. 4, Art. 1, §1797.220; Ch. 5, §1798(a,b) and §1798.2.
B. California Code of Regulations, Title 22, Division 9, Ch. 2, Art. 2, §100063; Ch. 4, Art. 2, §100147(d)(1).

Those were cited as an authority in my county's "Behavioral Emergencies" protocol.

 

[JPINFV]

The fun part, however, is what gives EMS the ability to take custody of a patient under a 5150 hold?

http://www.the-caa.org/pdf docs/Winter Siren 2010 web.pdf

Page 5...

 

[Akulahawk]

The fun part, however, is what gives EMS the ability to take custody of a patient under a 5150 hold?

http://www.the-caa.org/pdf docs/Winter Siren 2010 web.pdf

Page 5...

That decision has been reversed, just this summer. http://www.leagle.com/xmlResult.aspx?xmldoc=In CACO 20110622043.xml&docbase=CSLWAR3-2007-CURR

 

[JPINFV]

Very good to know.

Edit: Actually, it looks like nothing is resolved. From reading it, when dealing specifically with the power of EMS providers to take custody of a patient under a 5150 hold, the court basically said, "Well, we can't find anyone suing over it, we can't find anyplace in the code that authorizes EMS to maintain detention, and the arguments presented where hypothetical. If someone every brings a suit over this, we'll handle it then.

 

[Handsome Robb]

No info on CA, but in Nevada it's called a Legal 2000. EMS providers cannot place someone on a hold, a LEO, Psychiatrist, or Physician has to do it. If we decide a pt needs to be put on a hold we request PD, but 9/10 times on calls for a pt who may require a L2000 PD is already on scene with us.

We use soft restraints and transport the pt in swimmer's position. If PD insists on handcuffs the LEO *has* to be in the back of the truck with us per protocol. On occasion I have heard of the LEO giving the attendant his handcuff key and following the ambulance to the hospital if they don't have a partner who can drive the squad car. In situations like this we just document the circumstances and are covered under our STARCARE checklist.

 

[Akulahawk]

In any event, I read the full text of W&I 5150 and I can see where there's some serious wiggle room and possible deputization of an ambulance crew for the purpose of 5150 transport...

5150. When any person, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, designated members of a mobile crisis team provided by Section 5651.7, or other professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation.

In other words, the person doing the actual detention is the person that actually determines the mode of transportation. Since the ambulance crew takes the original paperwork with them, it could be argued that they're functioning under the authority of the person that placed the hold. Otherwise, the "fix" is relatively simple: put all ambulance crews through a limited peace officer course and make one of their duties to transport 5150 persons...

 

[VCEMT]

Is someone scared of restraining a pt. or a 5150? I'm not understanding the origional post.

 

[CAOX3]

I don't know what the laws are in California, hell I don't know what they are here, if your a threat to me or my partner you get restrained.

 

[fortsmithman]

In my service only a peace officer can use handcuffs to restrain a pt.