Alright, let me start this with some stuff that is going to get me attacked on the forums here.
Yes, this should be a made a crime. Yes, there should be two different charges.
This is coming from someone who has been called to testify in a Medical Neglect and Abandonment court against a Northern California Ambulance. The ambulance was called in by the state, for multiple reports from multiple fire and law enforcement agencies for them leaving patients with no refusal paperwork, starting IV’s, giving meds, etc. Just because they did not want to go to the primary receiving hospital which (In our case) Further from the scene than a hospital that was better equipped. Mind you, our protocol is written for the closest appropriate receiving facility.
Back to this subject, it does need to be a crime, with certain things to take place for it to be a crime. First, it needs to be documented. Secondly, the person accusing is not a known troller or nuisance within the community (Can be determined by the Courts). And lastly, it needs to accure willingly. By willingly, I am defining it as not a Multi Patient Scenario and that the person who committed the abandonment did the act knowingly, and with regard to the situation. Abandonment should be also considered with a downgrade of care (Paramedic handing care to a EMT-B).
Should a provider be witnessed committing patient abandonment, they should be subject to arrest by a law enforcement officer for a misdemeanor. Immediately following, the provider should be placed on administrative leave until a court verdict is reached. During court, the court should call an “Expert Witness” to the stand that is equal to the level of care that the subject was. This witness can not be a provider directly correlated with the subject, nor member of department command (FFA Instructor +, SCFD Lieutenant +, SCFD PIC +, DOH Supervisor +) to prevent a risk of bias or retaliation. This court should be a jury trial mind you. If the patient ends up deceased or with sever bodily harm following the abandonment that could have been prevented, the charge should be upgraded to felony.
Should the person be convicted by the court, the certification should be revoked and if a record seal is approved later the subject shall be required to disclose this information on a hiring application.
Doing it this way, allows a thorough investigation and prevents the risk of ill regard from supervisory agencies, as well allows agency heads to be tried if they commit such acts.
Misdemeanor should be non fatal and non grave bodily harm inducing. Felony should involve death and grave bodily harm/severe injury.