IN THE FIRESTONE SENATE
April 3, 2023
An Act to Allow EMS to Forcibly Transport Certain Patients
Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress assembled,
SECTION 1 - SEVERABILITY & ENACTMENT
(a) Should any part of this act be struck down and/or declared unenforceable, then that part shall be severed with the rest remaining in full force and effect unless all is struck down and/or declared unenforceable.
(b) Upon the completion of the constitutionally required processes, this Act shall enter into effect immediately.
SECTION 2 - DEFINITIONS
(a) The “State Registry of Health” shall be defined as a database managed by the Department of Health and designated by either the Secretary of Health or the Supervisory Board. The State Registry of Health contains all medical certifications in the State of Firestone and, for the purposes of this legislation, any medical certification not listed on the State Registry of Health shall not be valid.
(b) A “medically certified individual” or “EMT” shall be defined as an individual who actively possesses an Emergency Medical Technician-Basic (EMT-B) certification that is listed on the State Registry of Health or an individual who possesses a certification that is designated as a medically certified individual by Supervisory Board Policy.
(c) Medically certified individuals and any other individual(s) who are described as being on duty shall only retain the authority, power, and exemptions given to them by this legislation if they are on duty for a legitimate, government law enforcement agency/department (including the Firestone National Guard) or a legitimate, government department that has a duty of providing medical treatment.
(d) An “altered mental status” shall be defined as a mental status caused by illness or injury that severely prohibits an individual’s ability to make reasonable decisions, comprehend the consequences of their decisions, comprehend the situation they are in, or evaluate dangers or risks of a decision or situation. An individual may only be determined to have an altered mental status if they fail a test or exam set forth by the Supervisory Board that has the purpose of determining if the patient has an altered mental status, or if they meet criteria set forth by the Supervisory Board.
(e) A “Medical Center” shall be defined as any area designated as a patient treatment area or location. This includes, but is not limited to, the Stapleton County Medical Center, triage zones, and the Department of Corrections Correctional Facility Medical ward. The Supervisory Board may, at their discretion, designate and regulate medical centers.
(f) The “Supervisory Board” shall be defined through Chapter 2 of the Healthcare Reformation Act (R) unless it is nullified, in which case the “Supervisory Board” shall be defined through any relevant statue that defines the “Supervisory Board” as a medical board or a board with a similar purpose.
SECTION 3 - EXEMPTIONS
(a) On-duty medically certified individuals may forcibly transport a patient to a medical center and shall be exempt from any unlawful criminal offense that would prevent them from doing so, if
(a1) the patient has an altered mental status or poses an immediate and substantial risk of injury or death to themselves or others due to mental injury or illness; and
(a2) the forcible transportation was approved or ordered by an individual authorized by Supervisory Board policy and such approval or order complied with relevant Supervisory Board policy.
SECTION 4 - PROVISIONS
(a) Medically certified individuals shall not be afforded the exemptions prescribed in Section 3 of this legislation for actions that are unreasonably harmful to the patient or others, for any unreasonable force used against the patient while transporting them or attempting to transport them, or for the commission of any unlawful criminal offense that is not reasonably required for the forcible transportation of the patient.
(b) Medically certified individuals shall not be afforded the exemptions prescribed in Section 3 of this legislation if they:
(b1) unreasonably delay travel to a medical center when the patient being forcibly transported is in the ambulance or vehicle being used to transport the patient; or
(b2) forcibly transport the patient in a vehicle that is not equipped with an emergency lighting system unless the vehicle is operated by the Firestone National Guard; or
(b3) violate a Supervisory Board policy that is designed to set guidelines for forcible transportation or to protect patients being forcibly transported and states that if such policy is violated then subsection (4b3) of this legislation, shall apply.
(c) Medically certified individuals shall not be afforded the exemptions prescribed in Section 3 of this legislation if the patient with an altered mental status refuses transportation and treatment by ending the roleplay with an obvious message or action, or by failing to make a substantial attempt at roleplaying with the on-scene medically certified individuals who are treating or attempting to treat the patient.
(d) If an individual who is authorized to approve or order forcible transportation by Supervisory Board policy approves or orders the forcible transportation of a patient and violates this act or a Supervisory Board Policy by doing so, they may be charged as an accessory to any unlawful criminal offense that is performed by the medically certified individual(s) who are forcibly transporting the patient, unless the unlawful criminal offense was not required for the forcible transportation of the patient.
(d1) If a medically certified individual forcibly transports a patient after being ordered or approved to do so by an approved individual when the patient does not meet criteria in Section 3a1 of this legislation, they shall still be afforded the exemptions prescribed in Section 3 of this legislation unless
(d1a) the forcible transportation is being performed on the grounds of the patient having an altered mental status and the patient has shown or is showing clear signs of not having an altered mental status to the medically certified individual or while near them, obviously does not meet criteria set forth by the Supervisory Board that has the purpose of determining if a patient has an altered mental status, or passed a test or exam utilized to determine if a patient has an altered mental status (only if the medically certified individual is in the vicinity of the patient when they pass the test or exam); or
(d1b) the forcible transportation is being performed on the grounds of the patient posing an immediate and substantial risk of injury or death to themselves or others due to mental injury or illness and the patient is obviously not posing an immediate and substantial risk of injury or death to themselves or others.
(e) On-duty law enforcement personnel who are assisting medically certified individuals in the forcible transportation of a patient shall be exempt from any unlawful criminal offense that would prevent them from doing so unless their actions are unreasonably harmful to the patient or others, or if they use unreasonable force against the patient while transporting them or attempting to transport them, or if they commit any unlawful criminal offense that is not reasonably required for the forcible transportation of the patient.
cirt31, Secretary of Health
JerseyOperators, Stapleton County Fire Department Captain
nuttyboy987, Commanding Officer of the9th Medical Platoon & Director of the Stapleton County Medical Services
L_3ee, Speaker of the House