Paramedic law

Dr Michael EburnANU College of Law and Fenner School of Environment and Society(and a former NSW Ambulance ‘paramedic’)

Paramedic law

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!

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?

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

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).

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?

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).

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?

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.

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).

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.

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).”

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)

‘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.

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)).

… 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; 

…the driver is taking reasonable care

• What does that mean?• Who decides?

… 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. 

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

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. 

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).

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.

Questions and comments?

• Thank you for your attention.• Check out the Emergency Law blog -

http://emergencylaw.wordpress.com/

Michael EburnP: 02 6125 6424E: [email protected]