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Andrew,
Very interesting question but from direct
observation of current practices in multiple states then there's enough of those
violations to go around and to close plenty of institutions. New Medicare regs
also have some bearing here I'd think too. There's the bit about the
specially trained paramedic. No definitions I' ve seen. Probably should be
one. I think that the properly trained paramedic ( team) can do up to
their training and medical direction. Just my 0.02 worth. I do know that some
nursing groups have had laws recently written and enacted to prevent this from
happening unfounately I believe Mr. DeBoer is located in one of those. It
saddens me to see that paramedics ( as a "profession") just haven't
got their act together to at least counter these type of actions. I do NOT
want to reopen the Nurse Medic debate. " Can't lick em, Join em" - my
attitude. Two different professions with different focuses.
Jim Kendrick FP-C , GN (NCLEX-RN soon)
The way this was explained to me by our Hospital's legal people is that when a patient is retrieved from another facility using a hospital-based transport service, whether it be ground or air, it is an EMTALA violation to provide a level of care less than what the patient was receiving at the sending hospital, or will receive at the receiving hospital. I personally have some problems with this. Now, what does this mean? Does this mean a Physician must accompany every patient? Does this mean that every BLS interfacility transport is an EMTALA violation? I'm not trying to get into the age-old medic VS nurse debate again, but in the situation you describe, and the way the law was explained to me, this would appear to be an EMTALA violation, as medics are not "up to the level" of a nurse, per the letter of the law. As always, I may be mistaken so please feel free to correct me. Thanks! Andy Andrew Snyder, BS, NREMT-P |