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EMS and the Law
American Academy of Orthopaedic Surgeons (AAOS), Jacob Hafter, NREMT-P, MS, MS, Victoria Fedor, NREMT-P, NREMT-P

ISBN-13: 9780763720681
ISBN-10: 0763720682
$44.95 (Sugg. US List) Training Site Discount
Paperback
136 Pages
© 2004

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The following appeared in the December 2004 issue of JEMS Magazine:

"Concise and well-written by two attorneys who are also paramedics, EMS and the Law is an excellent reference for all EMS administrators.  Although written on a higher level than many EMS texts, it clearly explains basic legal concepts in the context of EMS provision in today's legal climate.

EMS and the Law is well-researched and includes references to the enabling EMS legislation and Good Samaritan statutes for each state an to case law affecting EMS.  Legal terms are defined in text boxes that make the book easy to read.

This book summarizes recent court decisions and explains the legal concepts within the framework of EMS.  It also looks into changes in the law involving EMTALA and HIPAA as they affect EMS providers.

Chapter 3, entitled "Duties of the Legal System" would be better named "Duties of the EMS Provider."  It's a comprehensive overview of the duty of the individual EMT, as well as that of the EMS system as a whole, to provide timely, competent patient care.  It goes well beyond the familiar "duty to act" to encompass the broad legal duty of EMTs to maintain their licenses, to keep themselves mentally and physically healthy, to ensure their partners are capable of performing their duties during each shift and to make sure all equipment is functioning properly.  Only then does the author move on to the EMT's duty to the patient - to not only provide competent care, but to protect patient rights and honor principles of confidentiality.

The authors unravel the mysteries of licensure vs. certification as well as can be done.  Although they come dangerously close to doing so, I was pleased to finally see and EMS law book that doesn't mention the term delegated practice as the legal framework of the relationship between the EMT and the medical director.

EMTs generally don't work "under the license of a physician,' as we have been taught for many years, but instead hold state licensure or certification granting the privilege to practice under physician supervision.  The reference to James O. Page's article in the October 1999 issue of JEMS, titled "Whose License Is It, Anyway?," points the reader to the best explanation of the complex relationship.

EMS and the Law is an essential book to add to your EMS library."

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