EMTS Medics and leagality issues

Jesse Grabowski

Squire
Marshal
Greetings all,

This has come up a few times recently, and I appreciate the efforts of all the players involved to make our game as safe as it can be.

After careful consideration, and advice from the owner of the Alliance, legal counsel, and my insurance adjuster, I must make the firm decision that I cannot have the business sanction a group providing medical attention at our games. Any administration of remedies of any kind given out by staff or those seen as sanctioned by the staff is against the chapter's insurance policy, and against the advice of counsel.
That being said, players may volunteer to aid other players and are covered by the Good Samaritan Law and our legal release. Other chapter owners have told me that they ask that players who aid other players, even minimally, hold current certifications in first aid and no players actually hand out medications of any kind to other players but that first aid kits are available for players to help themselves if needed. We will ask the same of ours. Under no circumstances should a person refer to themselves as a Medic or EMT unless they hold those certifications and licenses.
I hope this additional information helps with understanding the position I must take in this matter.


Sincerely,
Jesse
 
Anyone that has worked with an organization before in these capacities has probably seen this exact ruling before. RMFC has a very similar policy. We have a few people that are good Samaritans that can assist in an emergency and are asked to declare they are not working in an official capacity for the convention. Generally something along the lines of "I am not affiliated with _(Organization Name Here)_ but I am here to assist you" and then they will try to assist. When I worked for Otakon we had the good Samaritan Room, in which "some nice people left a bunch of over the counter medications" and you could help yourself to a dose prescribed on the bottle if you so chose. The staff in the room were to ensure no theft or overdose and to drop convention attire and behave in an emergency medical manner should they deem it necessary. Normally in the manner of removing their staff shirt and badge.
 
Anyone that has worked with an organization before in these capacities has probably seen this exact ruling before. RMFC has a very similar policy. We have a few people that are good Samaritans that can assist in an emergency and are asked to declare they are not working in an official capacity for the convention. Generally something along the lines of "I am not affiliated with _(Organization Name Here)_ but I am here to assist you" and then they will try to assist. When I worked for Otakon we had the good Samaritan Room, in which "some nice people left a bunch of over the counter medications" and you could help yourself to a dose prescribed on the bottle if you so chose. The staff in the room were to ensure no theft or overdose and to drop convention attire and behave in an emergency medical manner should they deem it necessary. Normally in the manner of removing their staff shirt and badge.

Yup, honestly I thought this was already the way of it, didn't realize it hadn't been made official.

For the record, this is the relevant part of the Good Samaritan law of Colorado (standard caveats, this is not legal advice, etc etc):

(1) Any person licensed as a physician and surgeon under the laws of the state of Colorado, or any other person, who in good faith renders emergency care or emergency assistance to a person not presently his patient without compensation at the place of an emergency or accident, including a health care institution as defined in section 13-64-202 (3), shall not be liable for any civil damages for acts or omissions made in good faith as a result of the rendering of such emergency care or emergency assistance during the emergency, unless the acts or omissions were grossly negligent or willful and wanton. This section shall not apply to any person who renders such emergency care or emergency assistance to a patient he is otherwise obligated to cover.

[...]

(5) An employer shall not be liable for any civil damages for acts or omissions made by an employee while rendering emergency care or emergency assistance if the employee:

(a) Renders the emergency care or emergency assistance in the course of his or her employment for the employer; and

(b) Is personally exempt from liability for civil damages for the acts or omissions under subsection (1) of this section.​
 
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