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Paramedic law

Paramedic law. Dr Michael Eburn ANU College of Law and Fenner School of Environment and Society (and a former NSW Ambulance ‘paramedic’). In this seminar . What it means to be a paramedic and the push for national registration; Issues to do with paramedic practice; and

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Paramedic law

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  1. Paramedic law Dr Michael Eburn ANU College of Law and Fenner School of Environment and Society (and a former NSW Ambulance ‘paramedic’)

  2. In this seminar • What it means to be a paramedic and the push for national registration; • Issues to do with paramedic practice; and • Why you don’t want to crash your ambulance!

  3. I’m a paramedic – are you? • What does the word ‘paramedic’ mean to you? • What makes you a ‘paramedic’? • What distinguishes a paramedic from • an ADF ‘medic’? • A ‘first aider’? • Me?

  4. Consultation paper: Options for regulation of paramedics, July 2012 Option 1: No change Option 2: Strengthen statutory health complaint mechanisms Option 3: Strengthen State and Territory regulation of paramedics Option 4: Registration of paramedics through the National Scheme

  5. Current regulatory schemes • Ambulance services are established under health, or emergency service legislation… • Except in WA and the NT! The sector is largely unregulated in these jurisdictions (and hence it is WA leading the discussion on regulation).

  6. What happens if… • A patient gets less than optimal care? • An unqualified person holds themselves out as a ‘paramedic’? • An event organiser thinks they’ve booked advanced life support paramedics but gets something else? • How do you are anyone else know what a ‘paramedic’ is?

  7. Health and Disability Services (Complaints) Act 1995 (WA) • Allows complaints about a health service, which includes any ‘ambulance service’. • If an employer provides onsite paramedics, are they providing an ‘ambulance service’? • Or a first aid service (Occupational Safety and Health Regulations 1996 (WA) r 3.12).

  8. Paramedic practice • Paramedic practice is unregulated in WA. • Your scope of practice will depend on your employer, and your training. • What is the duty of a paramedic?

  9. There is no duty to rescue a stranger • The common law does not require people to go to the aid of a stranger. • If you do go you must act ‘reasonably’ • But the duty is not to make the situation worse; you don’t have to make it better.

  10. What is reasonable? • It depends on: • The likelihood of an adverse outcome; • The probability of its occurrence; • Cost, inconvenience and difficulty in taking alternative action.(Wyong Shire and Shirt (1980) 146 CLR 40).

  11. What about… • Operating as a Medic/Paramedic under Medical Direction where do responsibilities and liabilities rest. • Where additional skills outside of the assigned scope of practice have been taught and they are not a nationally recognised competency.

  12. Use of drugs • “The Poisons Act 1964 (WA) and Poisons Regulations 1965 do not provide any direct ‘group’ type authority for ‘paramedics’ to access and administer scheduled medicines.” • “A paramedic can only administer scheduled medicines under the authority of a person holding a Poisons Permit to purchase and store scheduled medicines for the purpose of providing ‘health services’ (Poisons Regulations 1965 (WA) r 10AA).”

  13. Driving – the National Road Rules A provision of these regulations does not apply to the driver of an emergency vehicle that is not being used for official duties by a police officer if — (a) in the circumstances —  (i) the driver is taking reasonable care; and  (ii) it is reasonable that the provision should not apply; and(b) the vehicle is a motor vehicle that is moving and the vehicle is displaying a blue or red flashing light or sounding an alarm.  (Road Traffic Code 2000 (WA) Reg 281)

  14. ‘A provision of these regulations…’ • PART 3 -- Speed restrictions • PART 4 -- Making turns • PART 6 -- Traffic‑control signals • PART 7 -- Giving way • PART 8 -- Traffic signs and road markings • PART 11 -- Keeping left, overtaking and other driving provisions • The sort of thing you’d get a traffic ticket for.

  15. They do not deal with serious offences • Dangerous driving causing death, injury etc.   • Dangerous driving causing bodily harm   • Reckless driving • Dangerous driving • Careless driving(Road Traffic Act 1974(WA)). • Manslaughter(Criminal Code Act 1913 (WA)).

  16. … driver of an emergency vehicle emergency vehicle means a motor vehicle — … (c) being an ambulance, answering an urgent call or conveying any injured or sick person to any place for the provision of urgent treatment; or (d) being used to obtain or convey blood or other supplies, drugs or equipment for a person urgently requiring treatment and duly authorised to carry a siren or bell for use as a warning instrument; or (e) duly authorised as an emergency vehicle for the purposes of these regulations, by the Director General; 

  17. …the driver is taking reasonable care • What does that mean? • Who decides?

  18. … it is reasonable that the provision should not apply • When will that apply? • Consider Road Traffic Code r 62 • (1) A driver approaching a pedestrian crossing shall drive at a speed at which the driver can, if necessary, stop safely before the crossing. • (2) A driver shall give way to a pedestrian who is on a pedestrian crossing. 

  19. … displaying a blue or red flashing light or sounding an alarm. 

  20. Duty to give way Road Traffic Code 2000 (WA) r 60 (1) A driver shall give way to, and make every reasonable effort to give a clear and uninterrupted passage to, every police or emergency vehicle that is displaying a flashing blue or red light (whether or not it is also displaying other lights) or sounding an alarm.  (2) This regulation applies to a driver despite any other regulation that would otherwise require the driver of a police or emergency vehicle to give way to the driver. 

  21. Civil liability is not affected • You must take reasonable care when driving. • You must expect that people will not • Notice you or; • Know what to do. • Damages will be paid in accordance with the Motor Vehicle (Third Party Insurance) Act 1943 (WA).

  22. In short • You can do what you like, so long as you don’t crash and • If your driving in circumstances where someone would say ‘they’re going too fast’ then, you’re going too fast.

  23. Questions and comments? • Thank you for your attention. • Check out the Emergency Law blog - http://emergencylaw.wordpress.com/ Michael EburnP: 02 6125 6424E: michael.eburn@anu.edu.au

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