Here's what I was taught in my EMT class...

Anyone who is trained and certified to render aid must do so within the scope of their practice and training. For example, someone who carries a Red Cross basic first aid card can certainly help to control bleeding and treat for shock, but they can not intubate a person, even if they know how to do it. EMT-B's may assist people with taking their own medications (nitro or epi, for example), but they can not give them nitro or epi from a first aid kit, even though they are trained how to administer it. In theory they can not be the person administering the medication, just basically talking the person through doing it themselves. I know... keep shaking your head at all the sense that makes... most people who need assistance need it because they can't do it themselves... duh. Anyway, that makes for a huge grey area... if an EMT-B who runs in a district where their standing orders do not allow them to administer a patient's own epi-pen, but they do it anyway because the patient is not capable of doing it themselves, they would be open to the liability. It sounds rediculous, but this is common.

Some other things I've learned is this:

1) If you arrive at the scene as a designated and official member of a rescue team and you do NOT render aid to someone, nor offer to render aid, then that could be negligent. That is why EMS agencies make people who refuse care sign a release.

2) If you are an off-duty member of a rescue team and you are driving by the scene of an accident you do NOT have to respond, but you do have to consider whether you are wearing your uniform or driving an official vehicle of your agency, or in any other way identifyable as a trained member of a rescue organization. If you are identifyable and do not stop then you aren't necessarily liable, but your actions may be called into question.

3) If you do not have official training and certification, or have EXPIRED training or certification and you provide care beyond what a basic bystander would/could do, and your actions cause harm, you could be liable.

4) If you do not have official training or certification, but have a necessary intervention on hand (i.e. an epi-pen, inhaler) and use your personal experience to recognize the need for that intervention and then perform that intervention, you could be open to liability, even if you saved the person's life and there were no damages.

It's almost rediculous how saving a person's life is no longer considered the highest priority. It's no wonder most people refuse to get involved.

MNS