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It is hard to understand the law because there are so many variations of the law and fifty different states with laws. It is harder to understand the law when the person explaining it to you is not a lawyer or worse, wrong.

It is hard to understand the law because there are so many variations of the law and fifty different states with laws. It is harder to understand the law when the person explaining it to you is not a lawyer or worse, wrong.

You don’t go to law school for fun. Law school is NOT fun. You go to law school to understand how the law works. Law School is just the first step. You must study and understand what is going on to understand an area of the law.

If you did not go to law school, and you need legal help, ask a lawyer.

I got a question the other day from a client. He was preparing to give a speech to a group of lodge owners and wanted to make sure he was going to say the right thing about the Good Samaritan Act. He had read a lot of websites and particularly one website and thought he understood the issues.

He did not. Neither did the websites. In fact, one of the websites, which was based on the course and book he had just taken described what the Good Samaritan law was based for that course. The course, book and class were wrong too.

My client was off, and the website was wrong. The problem is the wrong was enough to get you in trouble as a professional, program college or business.

You really need to beware of non-lawyers telling you what the law says.

First, there is not one Good Samaritan Law, there are at least fifty, in reality, there are more than 150. Each state has its own Good Samaritan law. Many states have many different laws covering rescue, first aid, AED use, the Heimlich maneuver and other aspects of providing support to injured people without becoming liable.

Everyone explains the Good Samaritan law as you are not liable if you help someone in need and are not paid for that help. Sort of.

All the following are requirements from different state Good Samaritan laws. You are covered…

  • If you have the right training
    • Some states list the training you must have
    • You follow the standards of a specific training organization (dependent upon the state).
      • American Red Cross
      • American Heart Association
      • National Safety Council
      • National Ski Patrol
      • Boy Scouts of America
      • A course as determined by the Secretary of Health and Mental Hygiene
      • Department of Public Health
      • director of health
      • mining enforcement and safety administration of the bureau of mines of the department of interior
      • Kentucky Cabinet for Health and Family Services
  • If you don’t act outside the scope of your training
  • You act like a reasonable or ordinary prudent person
  • If you are not being paid for your services
  • You are not in a hospital or in some states on hospital grounds
  • You are a member of an organization that exists to provide emergency services
  • You act in good faith
  • You have been called to act by the county sheriff
  • You are paid but not to provide first aid, only to provide public services
  • You did not act willfully, wantonly or recklessly or by gross negligence
  • The care is provided at the scene of the accident
  • You are at work
  • You are not at work
  • You’ve been trained in the use of the AED
  • You’ve been trained in the use of the epinephrine
  • You are not the one that caused the injury or placed the person in peril
  • Or you have not obtained consent

You are NOT covered by Good Samaritan Laws in some states if….

  • “…or when incidental to a business relationship existing between the employer or principal of the person rendering such care…”
  • Shall not apply if the care inures to your employer
  • Where the person has not consented to the care
  • Are working as a guide or outfitter
    • Whether or Not you are being paid as a guide
      • If you are required to have 1st aid you are not covered
    • Whether or Not being paid as a physician
      • But some states allow you to be paid later as a physician
  • You placed the person in peril
    • Meaning any part of the trip as a guide

Just look at the requirement that the care be rendered at the scene of the accident. You are helping someone get out of the backcountry, and you adjust their band aid, away from the accident scene. In man states you are not covered by the state Good Samaritan act.

As a Guide are you covered by the Good Samaritan Act? NO!

My client’s confusion was the fine line between compensation for your services, and compensation as a guide or employee, because you are paid to provide first aid. Meaning as a guide, who may or may not be required to provide first aid or have first aid training, are you covered under the Good Samaritan law, if you provide first aid training to one of your guests. In most cases no.

There is no Good Samaritan coverage if:

    You are employed and part of your job is to provide first aid

        Because you are required to have a level of first aid training

        The industry requires people to be trained in first aid

    The guest knows you are trained in first aid and relies on that knowledge you gave them

    The landowner or river owner requires it under a permit or concession

    You placed the guest in the peril that caused the injury.

        You picked the location where the guide is fishing

        You picked the route up the mountain

    You told the guest to follow the map you gave them on the ride or hike

You are a guide, and you took the client out; you are not covered by the Good Samaritan laws in most states.

You are a guide, the definition meaning you will take care of the client.

And the issues above are not changed in the Outdoor Recreation Industry by using Independent Contractors. In all cases, the guide and the outfitter are liable.

Consequently, a website, class or book cannot in one paragraph tell you whether your actions are going to be covered by the Good Samaritan law.

I hope you are covered by the Good Samaritan law, but find out for sure.

Do Something

It sucks but getting legal advice from someone other than attorney does not work.

What do you think? Leave a comment.

Copyright 2018 Recreation Law (720) 334 8529

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Florida AED Statute for Schools

Fla. Stat. § 1006.165 (2016)

§ 1006.165. Automated external defibrillator; user training.

(1) Each public school that is a member of the Florida High School Athletic Association must have an operational automated external defibrillator on the school grounds. Public and private partnerships are encouraged to cover the cost associated with the purchase and placement of the defibrillator and training in the use of the defibrillator.

(2) Each school must ensure that all employees or volunteers who are reasonably expected to use the device obtain appropriate training, including completion of a course in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training, and demonstrated proficiency in the use of an automated external defibrillator.

(3) The location of each automated external defibrillator must be registered with a local emergency medical services medical director.

(4) The use of automated external defibrillators by employees and volunteers is covered under ss. 768.13 and 768.1325.


Pennsylvania Good Samaritan Act

Pennsylvania Consolidated Statutes

Title 42.  Judiciary and Judicial Procedure

Part VII.  Civil Actions and Proceedings

Chapter 83.  Particular Rights and Immunities

Subchapter C.  Immunities Generally

42 Pa.C.S. § 8331 (2016)

§ 8331.  Medical good Samaritan civil immunity.

(a) General rule. —

Any physician or any other practitioner of the healing arts or any registered nurse, licensed by any state, who happens by chance upon the scene of an emergency or who arrives on the scene of an emergency by reason of serving on an emergency call panel or similar committee of a county medical society or who is called to the scene of an emergency by the police or other duly constituted officers of a government unit or who is present when an emergency occurs and who, in good faith, renders emergency care at the scene of the emergency, shall not be liable for any civil damages as a result of any acts or omissions by such physician or practitioner or registered nurse in rendering the emergency care, except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving emergency care.

(b) Definition. —

As used in this section “good faith” shall include, but is not limited to, a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed until the patient is hospitalized.

HISTORY: Act 1976-142 (S.B. 935), P.L. 586, § 2, approved July 9, 1976, See section of this act for effective date information.

NOTES:

EDITOR’S NOTES.

Section 2 of Act 1976-142 enacted new subchapter C, “Immunities Generally.”

1. Neither the Emergency Medical Services Act, Pa. Stat. Ann. tit. 35, §§ 6921 to 6938, nor the AED Good Samaritan Act, 42 Pa. Cons. Stat. § 8331.2, imposed a duty upon a tennis club to acquire, maintain, and use an automated external defibrillator, as defined in 42 Pa. Cons. Stat. § 8331.2(f), and summary judgment was properly entered against a tennis player who suffered a stroke while playing tennis and sought damages for the club’s negligence in failing to have a defibrillator available for such an emergency. Atcovitz v. Gulph Mills Tennis Club, Inc., 571 Pa. 580, 812 A.2d 1218, 2002 Pa. LEXIS 2832 (Pa. 2002).

2. Good Samaritan statute did not apply to a situation where a doctor received a telephone call from a hospital and provided advice for treatment of a hospitalized patient who was suffering from respiratory difficulties; the statute did not provide the doctor with a defense to an action resulting from the death of the patient and the doctor’s summary judgment motion was denied. The Good Samaritan statute did not apply because the doctor was not at the scene of an emergency, as required by 42 Pa.C.S. § 8331(a), and § 8331(b) implied that the statute did not apply to hospitalized patients. Phebus v. UPMC Horizon, 71 Pa. D. & C.4th 513, 2005 Pa. Dist. & Cnty. Dec. LEXIS 68 (Pa. County Ct. 2005).

3. Neither the Emergency Medical Services Act, Pa. Stat. Ann. tit. 35, §§ 6921 to 6938, nor the AED Good Samaritan Act, 42 Pa. Cons. Stat. § 8331.2, imposed a duty upon a tennis club to acquire, maintain, and use an automated external defibrillator, as defined in 42 Pa. Cons. Stat. § 8331.2(f), and summary judgment was properly entered against a tennis player who suffered a stroke while playing tennis and sought damages for the club’s negligence in failing to have a defibrillator available for such an emergency. Atcovitz v. Gulph Mills Tennis Club, Inc., 571 Pa. 580, 812 A.2d 1218, 2002 Pa. LEXIS 2832 (Pa. 2002).

4. Good Samaritan statute did not apply to a situation where a doctor received a telephone call from a hospital and provided advice for treatment of a hospitalized patient who was suffering from respiratory difficulties; the statute did not provide the doctor with a defense to an action resulting from the death of the patient and the doctor’s summary judgment motion was denied. The Good Samaritan statute did not apply because the doctor was not at the scene of an emergency, as required by 42 Pa.C.S. § 8331(a), and § 8331(b) implied that the statute did not apply to hospitalized patients. Phebus v. UPMC Horizon, 71 Pa. D. & C.4th 513, 2005 Pa. Dist. & Cnty. Dec. LEXIS 68 (Pa. County Ct. 2005).

5. Neither the Emergency Medical Services Act, Pa. Stat. Ann. tit. 35, §§ 6921 to 6938, nor the AED Good Samaritan Act, 42 Pa. Cons. Stat. § 8331.2, imposed a duty upon a tennis club to acquire, maintain, and use an automated external defibrillator, as defined in 42 Pa. Cons. Stat. § 8331.2(f), and summary judgment was properly entered against a tennis player who suffered a stroke while playing tennis and sought damages for the club’s negligence in failing to have a defibrillator available for such an emergency. Atcovitz v. Gulph Mills Tennis Club, Inc., 571 Pa. 580, 812 A.2d 1218, 2002 Pa. LEXIS 2832 (Pa. 2002).

3943. 14-246 Pennsylvania Transaction Guide–Legal Forms § 246.31, Division 1 Individuals and Families, Standard of Care Owed by Health Care Providers.

3944. 38 P.L.E. PHYSICIANS AND SURGEONS § 25, Pennsylvania Law Encyclopedia, Acts or Omissions Constituting Malpractice, Copyright 2013, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


Letter to the editor: Camp Business

May 1, 2008

Rodney J. Auth, Publisher

Camp Business

PO Box 1166

Medina, OH 44258-1166

Re: Medical Matters: Properly stocking a first-aid station
Camp Business May/June 2008
Dear Mr. Auth:

I read with interest and concern the article Medical Matters in the May/June Camp Business. I believe it should be pointed out that no liability protection is provided by receiving doctor’s standing orders or physician protocols. I’m going to use the term protocol to refer to standing orders. This is the term used in the medical industry and by state statutes to define a physician directing a non-physician to do a procedure that is more than first aid. A physician issuing a protocol which the camp follows does not provide any liability protection to a camp.

There are two main issues that define how a protocol can be issued by a physician. The first is to whom the physician’s protocol is transmitted. That can be either a licensed health care provider within the scope of their duties as defined by state law or an employee of the physician under the supervision and control of the physician.

A licensed health care provider is a nurse, physician assistant, paramedic or emergency medical technician; someone is has been issued license by the state. Whether and how someone is licensed is controlled by state law and varies by state. The scope of the duties a licensed health care provider can provide outside of the supervision and control of a physician also varies by state. A good example is the states are split about evenly on whether an EMT can use epinephrine without a physician’s approval. This difference is also important if you are hiring a health care provider. Make sure you hire the person who is licensed by the state to perform the level of health care you expect under the law where the health care is to be performed.

The second, if a person is not a licensed health care provider they may still be able to act, however they must be under the direct supervision and control of a physician. That generally means the physician has trained the person in the procedure, the physician has employed the person to administer the procedure and the physician is within the distance required by law. Distance varies by state. In Colorado the physician must be within 30 minutes of where the procedure is being done and be able to get there. In Arizona the physician must be in the same room as the person administering the procedure.

As such, for most camps in most states physician protocols for non-licensed camp personnel provide no liability protection. Any liability protection that a proper protocol does provide does not stop any litigation; it just changes the claim from failure to provide proper first aid to a medical malpractice suit and ads the physician as a defendant.

Also of concern is asking a physician to issue a protocol that puts the physician at risk for review or worse by their state physician licensing agency.

Things have changed dramatically from my camp staff days. One of the main duties in preparing for the campers was scraping the m off M&M’s in anticipation of homesickness problems.



Sincerely,



James H. Moss
Editor Outdoor Recreation Law Review
www.snewsnet.com/lawreview
http://rec-law.blogspot.com/

For more information on this subject see: Legal Issues in First Aid #3: The prescription drug conundrum, Legal Issues in Wilderness First Aid: Value of various first aid certificates and training, Arizona adopts epinephrine Good Samaritan law, Legal Issues in Wilderness First Aid

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