Ala. Admin. Code r. 420-2-1-.20

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-2-1-.20 - Responsibility For Patient

(1) In no event shall an emergency medical provider service responding to the scene of an emergency fail to treat a patient because of the patient's inability to pay or perceived inability to pay for services. Provided, that nothing in the subsection shall be construed to prohibit any emergency medical provider service from collecting or attempting to collect a fee by any lawful means. Provided further, no emergency medical provider service shall threaten to withhold emergency treatment as a method for the collection of fees.

(2) The highest level EMSP shall provide patient care when treating and transporting any unstable patient and shall have the responsibility to provide care until relieved by appropriate medical personnel.

(3) The transport of a stable patient that does not require more advanced procedures may be attended by a lower level EMSP at the discretion of the highest level EMSP as long as the following conditions exist:

(a) The supervising level EMSP understands that he or she is responsible for the decision to transfer care to the lower level EMSP.

(b) Prehospital administered medications or procedures would not exceed the lower level EMSP's scope of practice.

(c) The lower level EMSP, upon assuming secondary patient care from a higher level EMSP, understands that a higher level of care may be needed if the patient becomes unstable or critical in nature and will, without delay, coordinate the transfer of care back to a higher level EMSP.

(d) At no time will the above-mentioned transfers of care delay patient care, continuity of care, or the transport or transfer of the patient to definitive care.

(4) Licensed EMSP providing care to a patient shall remain under a continuing duty to provide care to the patient. The circumstances under which an EMSP may stop providing care are set forth below:

(a) EMSP providing care to a patient may yield patient care responsibilities to any other licensed EMSP or licensed physician who is willing to assume patient care responsibilities. EMSP providing care to a patient shall yield patient care responsibilities to a licensed physician when directed to do so by the on-line medical director.

(b) EMSP personnel shall yield patient care responsibilities to licensed EMSP when directed to do so by licensed EMSP of a higher level.

(c) EMSP shall discontinue patient care measures when directed to do so by the on-line medical director.

(5) On-scene disputes regarding patient care responsibilities shall be referred to the on-line medical director.

Ala. Admin. Code r. 420-2-1-.20

New Rule: Filed May 16, 2007; effective June 20, 2007. Repealed and New Rule: Filed December 17, 2007; effective January 21, 2008. Repealed and New Rule: Filed April 20, 2011; effective May 25, 2011.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 06, March 31, 2017, eff. 4/30/2017.

Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 05, February 28, 2019, eff. 4/7/2019.

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 07, April 30, 2020, eff. 6/14/2020.

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 05, February 28, 2022, eff. 4/14/2022.

Rule 420-2-1-.29 was renumbered 420-2-1-.28 as per certification filed December 17, 2007; effective January 21, 2008. Rule 420-2-1-.28 was renumbered 420-2-1-.20 as per certification Filed February 20, 2019; effective April 7, 2019.

Authors: William Crawford, M.D.; Jamie Gray

Statutory Authority:Code of Ala. 1975, § 22-18-1.