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msar-riders - Re: [MSAR] Home Land Security

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Subject: Mounted search and rescue

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Chronological Thread  
  • From: "BC911" <usark9@warpdriveonline.com>
  • To: "Mounted search and rescue" <msar-riders@lists.ibiblio.org>
  • Subject: Re: [MSAR] Home Land Security
  • Date: Fri, 26 Mar 2004 15:20:01 -0700

Title: Message
I would be careful about any federal law! You may be protected from federal prosecution, and still be liable in your state. I am not aware of any laws that protect me federally unless I am on a federal deployment. That is a different arena. I know that on a FEMA/DHS deployment, if I am needed to start an IV or incubate a patient, I am protected by federal law no matter what state I am in, but that is different than if I come upon an accident and I am just a passer by. Only state law protects me there under our Good Sam Act. So, if I am somewhere in TX, and I am not licensed in TX, I can only administer first aid with good judgment.
Still, no matter which jurisdiction I fall under, I may not exceed my level of licensure at any time or under any circumstances.
 
State laws are usually the rule for each individual state. Most states can and usually do have their own Good Samaritan laws. Here in NM, if you are known to be a health care provider, and you do not act, you might be liable, on the other hand anyone that attempts to help out in the event of an accident is protected by our Good Sam act as long as they do not do anything beyond their scope of practice.
In other words, if you are a first responder and you attempt to clear an airway with an OPA or any air adjunct, you will be held liable for any damage that you might do to the victim.
 
Pretty much common sense. Just because you saw it on ER doesn't qualify you to attempt any heroics that you have not been trained and licensed to do in the state that you are in.
 
Just use good judgment and do no harm!
 

B. Diane Whetsel EMT I
Search Dogs Southwest
NMTF I, CSS
911BC
 
If there are no dogs in heaven, then when I die I want to go where they went.
~~Will Rogers
 
 
should also be aware that Federal law protects non-profit volunteers from liability under the Volunteer Protection Act.
 



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