RE: SB 92 BILL- (Alcohol/CS Reporting by EMS)

November 15, 2000

Really good point, Gene and something we should all keep in mind.

Take care, stay safe, and practice mercy, ya'll!!

Jana

FW,TX

Re: [texasems-L] SB 92 BILL- (Alcohol/CS Reporting by EMS)

> I would ask everyone in EMS to consider and think about this bill very

> carefully, because it may blur the boundaries between law enforcement and

> emergency medical treatment.

>

> While all of us know the devastation that ETOH causes in our society, I

> wonder whether we're ready to become a part of law enforcement rather than

> medical care-givers, which this bill might encourage us to do.

>

> The trust that we enjoy as medical care-givers depends upon the

> confidentiality and privilege that attaches to our relationships with

> patients. I fear that this bill would erode those concepts. This bill

> points up a very serious dilemma that we face every day, and that is " What

is

> our role? "

>

> I don't think we are law enforcers. While we see, understand, and

appreciate

> the effects of drug abuse on our society, ETOH abuse being the primary

> culprit, I doubt that we want to become another arm of law enforcement.

That

> would seriously compromise our mission as medical care-givers.

>

> We need to remain neutral. Let law enforcement do its thing, but let's

not

> become cops. If we do, then our abilities to treat patients will be

greatly

> diminished and the trust that we enjoy will be seriously compromised.

>

> Gene Gandy, JD, LP

>

> In a message dated 11/15/2000 22:40:51 Central Standard Time,

> jhoskins@... writes:

>

> > Subj: [texasems-L] SB 92 BILL- (Alcohol/CS Reporting by EMS)

> > Date: 11/15/2000 22:40:51 Central Standard Time

> > From: jhoskins@... (Jay Hoskins)

> > <Reply-to: <A

HREF= " mailto:egroups " ><egroups</A>

> > To: egroups (EMS Listserver)

> >

> > By S.B.

No. 92

> > 77R698 MTB-D

> > A BILL TO BE ENTITLED

> > 1-1 AN ACT

> > 1-2 relating to reports of intoxication by emergency medical

services

> > 1-3 personnel.

> > 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

> > 1-5 SECTION 1. The heading of Subchapter E, Chapter 161,

Health

> > 1-6 and Safety Code, is amended to read as follows:

> > 1-7 SUBCHAPTER E. MANDATORY REPORTS OF GUNSHOT WOUNDS AND

CONTROLLED

> > 1-8 SUBSTANCE OVERDOSES; PERMISSIVE REPORTS OF INTOXICATION

> > 1-9 SECTION 2. Subchapter E, Chapter 161, Health and Safety

Code,

> > 1-10 is amended by adding Section 161.045 to read as follows:

> > 1-11 Sec. 161.045. PERMISSIVE REPORTING OF INTOXICATION. (a)

In

> > 1-12 this section:

> > 1-13 (1) " Health care provider " includes a physician, a

> > 1-14 nurse, and a person certified as an emergency medical services

> > 1-15 personnel under Chapter 773.

> > 1-16 (2) " Intoxicated " has the meaning assigned by

Section

> > 1-17 49.01, Penal Code.

> > 1-18 ( A health care provider who provides emergency

medical

> > 1-19 care to a person for injuries sustained in a motor vehicle

> > 1-20 collision may report the case to the law enforcement authority

of

> > 1-21 the municipality or county in which the collision occurred or

in

> > 1-22 which the emergency medical care was provided if the health

care

> > 1-23 provider has reasonable cause to believe that the person:

> > 1-24 (1) is intoxicated; and

> > 2-1 (2) was the operator of a motor vehicle involved in

> > 2-2 the collision.

> > 2-3 © An individual is not liable for civil damages or

subject

> > 2-4 to criminal prosecution for making a report in good faith under

> > 2-5 this section.

> > 2-6 SECTION 3. This Act takes effect immediately if it

receives a

> > 2-7 vote of two-thirds of all the members elected to each house, as

> > 2-8 provided by Section 39, Article III, Texas Constitution. If

this

> > 2-9 Act does not receive the vote necessary for immediate effect,

this

> > 2-10 Act takes effect September 1, 2001

> >

November 16, 2000

I see one big difference. In the case of a motor vehicle collision with

injuries, law enforcement will be involved as a matter of routine. An

officer will do an investigation and conduct interviews and can make

first-hand observations of the situation and the condition of the parties

involved. In cases of possible child abuse, we may be the only outsiders on

the scene and the only ones who observe first-hand the circumstances,

conditions, etc. that can contribute to the suspicion of child abuse.

EMS personnel have ample opportunities to be involved in DWI prevention

programs without being put in the position of violating confidentiality and

trust. Even a drunk has a right to expect to be cared for in a confidential

and professional manner and has a right (need) to be able to trust his

caregivers.

Maxine

In a message dated 11/16/00 7:06:57 AM Central Standard Time,

gmoe240@... writes:

> The way I read the proposed change to the Alcohol

> Beverage Code, it sounds not so very different from

> the mandatory reporting of child abuse cases that we

> come in to contact with. It would be a mere reporting

> of your suspicion that the patient had been consuming

> alcohol to the proper authorities, then letting them

> use their discretion as to what enforcment should be

> done. I in no way see it as EMS personnel becoming

> law enforcement officers.

November 16, 2000

To Ron, Gene, and the rest of the group,

The way I read the proposed change to the Alcohol

Beverage Code, it sounds not so very different from

the mandatory reporting of child abuse cases that we

come in to contact with. It would be a mere reporting

of your suspicion that the patient had been consuming

alcohol to the proper authorities, then letting them

use their discretion as to what enforcment should be

done. I in no way see it as EMS personnel becoming

law enforcement officers.

I do not have to go into all of the effects of

drinking while intoxicated, most of us see those

effects in patients we treat on a regular basis. I

see that this proposal would help with that problem.

Of course, there is patient confidentiality, but there

is no problem with the required child abuse reporting.

What would be the difference in this, it is doing

essentially the same thing, reporting what we suspect

based on our observations, whether right or wrong, and

letting the people that need to take action on that do

their job.

Just my thoughts, and I welcome others.

Moseley LP, Police Officer

Cleburne PD

--- wrote:

> Gene,

> I felt the same way when I read it last night.

> Ron

> Re: [texasems-L] SB 92 BILL- (Alcohol/CS

> Reporting by EMS)

>

> I would ask everyone in EMS to consider and think

> about this bill very

> carefully, because it may blur the boundaries

> between law enforcement and

> emergency medical treatment.

>

> While all of us know the devastation that ETOH

> causes in our society, I

> wonder whether we're ready to become a part of law

> enforcement rather than

> medical care-givers, which this bill might

> encourage us to do.

>

> The trust that we enjoy as medical care-givers

> depends upon the

> confidentiality and privilege that attaches to our

> relationships with

> patients. I fear that this bill would erode those

> concepts. This bill

> points up a very serious dilemma that we face

> every day, and that is " What is

> our role? "

>

> I don't think we are law enforcers. While we see,

> understand, and appreciate

> the effects of drug abuse on our society, ETOH

> abuse being the primary

> culprit, I doubt that we want to become another

> arm of law enforcement. That

> would seriously compromise our mission as medical

> care-givers.

>

> We need to remain neutral. Let law enforcement do

> its thing, but let's not

> become cops. If we do, then our abilities to

> treat patients will be greatly

> diminished and the trust that we enjoy will be

> seriously compromised.

>

> Gene Gandy, JD, LP

>

> In a message dated 11/15/2000 22:40:51 Central

> Standard Time,

> jhoskins@... writes:

>

> > Subj: [texasems-L] SB 92 BILL- (Alcohol/CS

> Reporting by EMS)

> > Date: 11/15/2000 22:40:51 Central Standard Time

> > From: jhoskins@... (Jay Hoskins)

> > <Reply-to: <A

>

HREF= " mailto:egroups " ><egroups</A>

> > To: egroups (EMS Listserver)

> >

> > By

> S.B. No. 92

> > 77R698 MTB-D

> > A BILL TO BE

> ENTITLED

> > 1-1 AN ACT

> > 1-2 relating to reports of intoxication by

> emergency medical services

> > 1-3 personnel.

> > 1-4 BE IT ENACTED BY THE LEGISLATURE

> OF THE STATE OF TEXAS:

> > 1-5 SECTION 1. The heading of

> Subchapter E, Chapter 161, Health

> > 1-6 and Safety Code, is amended to read as

> follows:

> > 1-7 SUBCHAPTER E. MANDATORY REPORTS OF

> GUNSHOT WOUNDS AND CONTROLLED

> > 1-8 SUBSTANCE OVERDOSES; PERMISSIVE

> REPORTS OF INTOXICATION

> > 1-9 SECTION 2. Subchapter E, Chapter

> 161, Health and Safety Code,

> > 1-10 is amended by adding Section 161.045 to

> read as follows:

> > 1-11 Sec. 161.045. PERMISSIVE

> REPORTING OF INTOXICATION. (a) In

> > 1-12 this section:

> > 1-13 (1) " Health care provider "

> includes a physician, a

> > 1-14 nurse, and a person certified as an

> emergency medical services

> > 1-15 personnel under Chapter 773.

> > 1-16 (2) " Intoxicated " has the

> meaning assigned by Section

> > 1-17 49.01, Penal Code.

> > 1-18 ( A health care provider who

> provides emergency medical

> > 1-19 care to a person for injuries sustained

> in a motor vehicle

> > 1-20 collision may report the case to the

> law enforcement authority of

> > 1-21 the municipality or county in which the

> collision occurred or in

> > 1-22 which the emergency medical care was

> provided if the health care

> > 1-23 provider has reasonable cause to

> believe that the person:

> > 1-24 (1) is intoxicated; and

> > 2-1 (2) was the operator of a

> motor vehicle involved in

> > 2-2 the collision.

> > 2-3 © An individual is not liable

> for civil damages or subject

> > 2-4 to criminal prosecution for making a

> report in good faith under

> > 2-5 this section.

> > 2-6 SECTION 3. This Act takes effect

> immediately if it receives a

> > 2-7 vote of two-thirds of all the members

> elected to each house, as

> > 2-8 provided by Section 39, Article III,

> Texas Constitution. If this

> > 2-9 Act does not receive the vote necessary

> for immediate effect, this

> > 2-10 Act takes effect September 1, 2001

> >

> > [Non-text portions of this message have been

> removed]

> >

> > ----------------------- Headers

> --------------------------------

> > Return-Path: <

> >

>

sentto-1015101-5065-974349387-wegandy=aol.comreturns (DOT) onelist.com>

> > Received: from rly-yc04.mx.aol.com

> (rly-yc04.mail.aol.com [172.18.149.36])

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> Wed, 15 Nov 2000 23:40:51

> > -0500

> > Received: from ef.

> (229.yahoo.240.211.64.in-addr.arpa

> > [64.211.240.229]) by rly-yc04.mx.aol.com

> (v76_r1.19) with ESMTP; Wed, 15

> > Nov 2000 23:40:12 -0500

> > X-eGroups-Return:

> >

>

sentto-1015101-5065-974349387-wegandy=aol.comreturns (DOT) onelist.com

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> > X-Sender: jhoskins@...

> > X-Apparently-To: egroups

> > Received: (EGP: mail-6_2_1); 16 Nov 2000

> 04:36:26 -0000

> > Received: (qmail 45800 invoked from network); 16

> Nov 2000 04:36:26 -0000

> > Received: from unknown (10.1.10.27) by

> m8.onelist.org with QMQP; 16 Nov

> > 2000 04:36:26 -0000

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> > with SMTP; 16 Nov 2000 04:36:25 -0000

> > Received: from pc1 ([208.180.163.116]) by

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> 1dc0b39e31881b14e43eebad2dae5270)

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> for <egroups>;

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=== message truncated ===

__________________________________________________

November 16, 2000

I do not in any way see this bill as " blurring the boundaries " between law

enforcement and EMS. It in my opinion in no way asks us to " enforce " the

law but instead gives us the ability to report a crime without being held

liable. It is illegal to drink ETOH and drive it is also illegal to posses

Cocaine. If you found a patient with a large bag of Cocaine on his being

would feel like you were crossing the line from EMS to Law enforcement by

informing an officer of your findings or would you consider this a breech of

pt confidentiality? Many may contest that Alcoholism is a disease, of which

I won't argue, but just because you have an " illness " or " Diseases " does not

give you the right to break the law. I personally believe that it is our

duty in the EMS community, as PUBLIC servants to REPORT illegal offenses to

the proper authorities. However I do agree it is not our job to ENFORCE the

law. How many times have you or your partner seen a drunk driver while you

were coming back from a call or on your way to one and called it in to the

local Police fearing that this person would get in a wreck causing injury to

him or herself or an innocent person? I contend that just because this

person has already wrecked causing such injury that we still have the

obligation to report such a finding to the local law enforcement.

Frieze

Re: [texasems-L] SB 92 BILL- (Alcohol/CS Reporting by EMS)

Really good point, Gene and something we should all keep in mind.

Take care, stay safe, and practice mercy, ya'll!!

Jana

FW,TX

Re: [texasems-L] SB 92 BILL- (Alcohol/CS Reporting by EMS)

> I would ask everyone in EMS to consider and think about this bill very

> carefully, because it may blur the boundaries between law enforcement and

> emergency medical treatment.

>

> While all of us know the devastation that ETOH causes in our society, I

> wonder whether we're ready to become a part of law enforcement rather than

> medical care-givers, which this bill might encourage us to do.

>

> The trust that we enjoy as medical care-givers depends upon the

> confidentiality and privilege that attaches to our relationships with

> patients. I fear that this bill would erode those concepts. This bill

> points up a very serious dilemma that we face every day, and that is " What

is

> our role? "

>

> I don't think we are law enforcers. While we see, understand, and

appreciate

> the effects of drug abuse on our society, ETOH abuse being the primary

> culprit, I doubt that we want to become another arm of law enforcement.

That

> would seriously compromise our mission as medical care-givers.

>

> We need to remain neutral. Let law enforcement do its thing, but let's

not

> become cops. If we do, then our abilities to treat patients will be

greatly

> diminished and the trust that we enjoy will be seriously compromised.

>

> Gene Gandy, JD, LP

>

> In a message dated 11/15/2000 22:40:51 Central Standard Time,

> jhoskins@... writes:

>

> > Subj: [texasems-L] SB 92 BILL- (Alcohol/CS Reporting by EMS)

> > Date: 11/15/2000 22:40:51 Central Standard Time

> > From: jhoskins@... (Jay Hoskins)

> > <Reply-to: <A

HREF= " mailto:egroups " ><egroups</A>

> > To: egroups (EMS Listserver)

> >

> > By S.B.

No. 92

> > 77R698 MTB-D

> > A BILL TO BE ENTITLED

> > 1-1 AN ACT

> > 1-2 relating to reports of intoxication by emergency medical

services

> > 1-3 personnel.

> > 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

> > 1-5 SECTION 1. The heading of Subchapter E, Chapter 161,

Health

> > 1-6 and Safety Code, is amended to read as follows:

> > 1-7 SUBCHAPTER E. MANDATORY REPORTS OF GUNSHOT WOUNDS AND

CONTROLLED

> > 1-8 SUBSTANCE OVERDOSES; PERMISSIVE REPORTS OF INTOXICATION

> > 1-9 SECTION 2. Subchapter E, Chapter 161, Health and Safety

Code,

> > 1-10 is amended by adding Section 161.045 to read as follows:

> > 1-11 Sec. 161.045. PERMISSIVE REPORTING OF INTOXICATION. (a)

In

> > 1-12 this section:

> > 1-13 (1) " Health care provider " includes a physician, a

> > 1-14 nurse, and a person certified as an emergency medical services

> > 1-15 personnel under Chapter 773.

> > 1-16 (2) " Intoxicated " has the meaning assigned by

Section

> > 1-17 49.01, Penal Code.

> > 1-18 ( A health care provider who provides emergency

medical

> > 1-19 care to a person for injuries sustained in a motor vehicle

> > 1-20 collision may report the case to the law enforcement authority

of

> > 1-21 the municipality or county in which the collision occurred or

in

> > 1-22 which the emergency medical care was provided if the health

care

> > 1-23 provider has reasonable cause to believe that the person:

> > 1-24 (1) is intoxicated; and

> > 2-1 (2) was the operator of a motor vehicle involved in

> > 2-2 the collision.

> > 2-3 © An individual is not liable for civil damages or

subject

> > 2-4 to criminal prosecution for making a report in good faith under

> > 2-5 this section.

> > 2-6 SECTION 3. This Act takes effect immediately if it

receives a

> > 2-7 vote of two-thirds of all the members elected to each house, as

> > 2-8 provided by Section 39, Article III, Texas Constitution. If

this

> > 2-9 Act does not receive the vote necessary for immediate effect,

this

> > 2-10 Act takes effect September 1, 2001

> >

November 16, 2000

Couldn't agree with you more .

Friee

Re: [texasems-L] SB 92 BILL- (Alcohol/CS Reporting by EMS)

To Ron, Gene, and the rest of the group,

The way I read the proposed change to the Alcohol

Beverage Code, it sounds not so very different from

the mandatory reporting of child abuse cases that we

come in to contact with. It would be a mere reporting

of your suspicion that the patient had been consuming

alcohol to the proper authorities, then letting them

use their discretion as to what enforcment should be

done. I in no way see it as EMS personnel becoming

law enforcement officers.

I do not have to go into all of the effects of

drinking while intoxicated, most of us see those

effects in patients we treat on a regular basis. I

see that this proposal would help with that problem.

Of course, there is patient confidentiality, but there

is no problem with the required child abuse reporting.

What would be the difference in this, it is doing

essentially the same thing, reporting what we suspect

based on our observations, whether right or wrong, and

letting the people that need to take action on that do

their job.

Just my thoughts, and I welcome others.

Moseley LP, Police Officer

Cleburne PD

--- wrote:

> Gene,

> I felt the same way when I read it last night.

> Ron

> Re: [texasems-L] SB 92 BILL- (Alcohol/CS

> Reporting by EMS)

>

> I would ask everyone in EMS to consider and think

> about this bill very

> carefully, because it may blur the boundaries

> between law enforcement and

> emergency medical treatment.

>

> While all of us know the devastation that ETOH

> causes in our society, I

> wonder whether we're ready to become a part of law

> enforcement rather than

> medical care-givers, which this bill might

> encourage us to do.

>

> The trust that we enjoy as medical care-givers

> depends upon the

> confidentiality and privilege that attaches to our

> relationships with

> patients. I fear that this bill would erode those

> concepts. This bill

> points up a very serious dilemma that we face

> every day, and that is " What is

> our role? "

>

> I don't think we are law enforcers. While we see,

> understand, and appreciate

> the effects of drug abuse on our society, ETOH

> abuse being the primary

> culprit, I doubt that we want to become another

> arm of law enforcement. That

> would seriously compromise our mission as medical

> care-givers.

>

> We need to remain neutral. Let law enforcement do

> its thing, but let's not

> become cops. If we do, then our abilities to

> treat patients will be greatly

> diminished and the trust that we enjoy will be

> seriously compromised.

>

> Gene Gandy, JD, LP

>

> In a message dated 11/15/2000 22:40:51 Central

> Standard Time,

> jhoskins@... writes:

>

> > Subj: [texasems-L] SB 92 BILL- (Alcohol/CS

> Reporting by EMS)

> > Date: 11/15/2000 22:40:51 Central Standard Time

> > From: jhoskins@... (Jay Hoskins)

> > <Reply-to: <A

>

HREF= " mailto:egroups " ><egroups</A>

> > To: egroups (EMS Listserver)

> >

> > By

> S.B. No. 92

> > 77R698 MTB-D

> > A BILL TO BE

> ENTITLED

> > 1-1 AN ACT

> > 1-2 relating to reports of intoxication by

> emergency medical services

> > 1-3 personnel.

> > 1-4 BE IT ENACTED BY THE LEGISLATURE

> OF THE STATE OF TEXAS:

> > 1-5 SECTION 1. The heading of

> Subchapter E, Chapter 161, Health

> > 1-6 and Safety Code, is amended to read as

> follows:

> > 1-7 SUBCHAPTER E. MANDATORY REPORTS OF

> GUNSHOT WOUNDS AND CONTROLLED

> > 1-8 SUBSTANCE OVERDOSES; PERMISSIVE

> REPORTS OF INTOXICATION

> > 1-9 SECTION 2. Subchapter E, Chapter

> 161, Health and Safety Code,

> > 1-10 is amended by adding Section 161.045 to

> read as follows:

> > 1-11 Sec. 161.045. PERMISSIVE

> REPORTING OF INTOXICATION. (a) In

> > 1-12 this section:

> > 1-13 (1) " Health care provider "

> includes a physician, a

> > 1-14 nurse, and a person certified as an

> emergency medical services

> > 1-15 personnel under Chapter 773.

> > 1-16 (2) " Intoxicated " has the

> meaning assigned by Section

> > 1-17 49.01, Penal Code.

> > 1-18 ( A health care provider who

> provides emergency medical

> > 1-19 care to a person for injuries sustained

> in a motor vehicle

> > 1-20 collision may report the case to the

> law enforcement authority of

> > 1-21 the municipality or county in which the

> collision occurred or in

> > 1-22 which the emergency medical care was

> provided if the health care

> > 1-23 provider has reasonable cause to

> believe that the person:

> > 1-24 (1) is intoxicated; and

> > 2-1 (2) was the operator of a

> motor vehicle involved in

> > 2-2 the collision.

> > 2-3 © An individual is not liable

> for civil damages or subject

> > 2-4 to criminal prosecution for making a

> report in good faith under

> > 2-5 this section.

> > 2-6 SECTION 3. This Act takes effect

> immediately if it receives a

> > 2-7 vote of two-thirds of all the members

> elected to each house, as

> > 2-8 provided by Section 39, Article III,

> Texas Constitution. If this

> > 2-9 Act does not receive the vote necessary

> for immediate effect, this

> > 2-10 Act takes effect September 1, 2001

> >

> > [Non-text portions of this message have been

> removed]

> >

> > ----------------------- Headers

> --------------------------------

> > Return-Path: <

> >

>

sentto-1015101-5065-974349387-wegandy=aol.comreturns (DOT) onelist.com>

> > Received: from rly-yc04.mx.aol.com

> (rly-yc04.mail.aol.com [172.18.149.36])

> > by air-yc04.mail.aol.com (v76_r1.23) with ESMTP;

> Wed, 15 Nov 2000 23:40:51

> > -0500

> > Received: from ef.

> (229.yahoo.240.211.64.in-addr.arpa

> > [64.211.240.229]) by rly-yc04.mx.aol.com

> (v76_r1.19) with ESMTP; Wed, 15

> > Nov 2000 23:40:12 -0500

> > X-eGroups-Return:

> >

>

sentto-1015101-5065-974349387-wegandy=aol.comreturns (DOT) onelist.com

> > Received: from [10.1.4.52] by ef.

> with NNFMP; 16 Nov 2000

> > 04:36:32 -0000

> > X-Sender: jhoskins@...

> > X-Apparently-To: egroups

> > Received: (EGP: mail-6_2_1); 16 Nov 2000

> 04:36:26 -0000

> > Received: (qmail 45800 invoked from network); 16

> Nov 2000 04:36:26 -0000

> > Received: from unknown (10.1.10.27) by

> m8.onelist.org with QMQP; 16 Nov

> > 2000 04:36:26 -0000

> > Received: from unknown (HELO

> io.cox-internet.com) (208.180.118.41) by mta2

> > with SMTP; 16 Nov 2000 04:36:25 -0000

> > Received: from pc1 ([208.180.163.116]) by

> io.cox-internet.com (InterMail

> > vK.4.02.00.10 201-232-116-110 license

> 1dc0b39e31881b14e43eebad2dae5270)

> > with SMTP id <20001116043607.TDPT3972.io@pc1>

> for <egroups>;

> > Wed, 15 Nov 2000 22:36:07 -0600

> > Message-ID:

>

> > To: " EMS Listserver " <egroups>

> > X-Priority: 3

> > X-MSMail-Priority: Normal

> > X-Mailer: Microsoft Outlook Express

> 5.50.4133.2400

> > X-MimeOLE: Produced By Microsoft MimeOLE

> V5.50.4133.2400

> >

> > MIME-Version: 1.0

> > Mailing-List: list egroups;

> contact

> > -owneregroups

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__________________________________________________

November 16, 2000

,

There are HUGE difference of a " child " and an adult even in EMT 101.

Anyone can report a suspicion today, but when you get in to being a caregiver

that's another ball game. Once the public FEARS EMS, in the sense that they

won't know what EMS can report or not, then why call them. We are the only

people allowed into a persons most private area- " There Home " . What do we want to

report next about them. To many EMS folks try to use their position in EMS to

invoke their morals on others. Should we report to the law enforcement that

while we were in their home we also noticed one of their children weren't home

pass a local ordinance of a 11 PM curfew? Where will we stop? Or have we changed

from patient care to a " power trip "

Ron

Re: [texasems-L] SB 92 BILL- (Alcohol/CS

> Reporting by EMS)

>

> I would ask everyone in EMS to consider and think

> about this bill very

> carefully, because it may blur the boundaries

> between law enforcement and

> emergency medical treatment.

>

> While all of us know the devastation that ETOH

> causes in our society, I

> wonder whether we're ready to become a part of law

> enforcement rather than

> medical care-givers, which this bill might

> encourage us to do.

>

> The trust that we enjoy as medical care-givers

> depends upon the

> confidentiality and privilege that attaches to our

> relationships with

> patients. I fear that this bill would erode those

> concepts. This bill

> points up a very serious dilemma that we face

> every day, and that is " What is

> our role? "

>

> I don't think we are law enforcers. While we see,

> understand, and appreciate

> the effects of drug abuse on our society, ETOH

> abuse being the primary

> culprit, I doubt that we want to become another

> arm of law enforcement. That

> would seriously compromise our mission as medical

> care-givers.

>

> We need to remain neutral. Let law enforcement do

> its thing, but let's not

> become cops. If we do, then our abilities to

> treat patients will be greatly

> diminished and the trust that we enjoy will be

> seriously compromised.

>

> Gene Gandy, JD, LP

>

> In a message dated 11/15/2000 22:40:51 Central

> Standard Time,

> jhoskins@... writes:

>

> > Subj: [texasems-L] SB 92 BILL- (Alcohol/CS

> Reporting by EMS)

> > Date: 11/15/2000 22:40:51 Central Standard Time

> > From: jhoskins@... (Jay Hoskins)

> > <Reply-to: <A

>

HREF= " mailto:egroups " ><egroups</A>

> > To: egroups (EMS Listserver)

> >

> > By

> S.B. No. 92

> > 77R698 MTB-D

> > A BILL TO BE

> ENTITLED

> > 1-1 AN ACT

> > 1-2 relating to reports of intoxication by

> emergency medical services

> > 1-3 personnel.

> > 1-4 BE IT ENACTED BY THE LEGISLATURE

> OF THE STATE OF TEXAS:

> > 1-5 SECTION 1. The heading of

> Subchapter E, Chapter 161, Health

> > 1-6 and Safety Code, is amended to read as

> follows:

> > 1-7 SUBCHAPTER E. MANDATORY REPORTS OF

> GUNSHOT WOUNDS AND CONTROLLED

> > 1-8 SUBSTANCE OVERDOSES; PERMISSIVE

> REPORTS OF INTOXICATION

> > 1-9 SECTION 2. Subchapter E, Chapter

> 161, Health and Safety Code,

> > 1-10 is amended by adding Section 161.045 to

> read as follows:

> > 1-11 Sec. 161.045. PERMISSIVE

> REPORTING OF INTOXICATION. (a) In

> > 1-12 this section:

> > 1-13 (1) " Health care provider "

> includes a physician, a

> > 1-14 nurse, and a person certified as an

> emergency medical services

> > 1-15 personnel under Chapter 773.

> > 1-16 (2) " Intoxicated " has the

> meaning assigned by Section

> > 1-17 49.01, Penal Code.

> > 1-18 ( A health care provider who

> provides emergency medical

> > 1-19 care to a person for injuries sustained

> in a motor vehicle

> > 1-20 collision may report the case to the

> law enforcement authority of

> > 1-21 the municipality or county in which the

> collision occurred or in

> > 1-22 which the emergency medical care was

> provided if the health care

> > 1-23 provider has reasonable cause to

> believe that the person:

> > 1-24 (1) is intoxicated; and

> > 2-1 (2) was the operator of a

> motor vehicle involved in

> > 2-2 the collision.

> for civil damages or subject

> > 2-4 to criminal prosecution for making a

> report in good faith under

> > 2-5 this section.

> > 2-6 SECTION 3. This Act takes effect

> immediately if it receives a

> > 2-7 vote of two-thirds of all the members

> elected to each house, as

> > 2-8 provided by Section 39, Article III,

> Texas Constitution. If this

> > 2-9 Act does not receive the vote necessary

> for immediate effect, this

> > 2-10 Act takes effect September 1, 2001

> >

> > [Non-text portions of this message have been

> removed]

> >

> > ----------------------- Headers

> --------------------------------

> > Return-Path: <

> >

>

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=== message truncated ===

__________________________________________________

November 16, 2000

,

From what your saying is you want a power over someone else using your EMS

position without being liable. Where is all this data that people are dying

because EMS is not reporting on this issue. I've seen EMS call on the Radio for

over 25 years reporting things that don't look right. If they would work as hard

with there patients as they do watching the " Big Crime Wave " there would be more

lives saved than lost. .

Ron

Re: [texasems-L] SB 92 BILL- (Alcohol/CS Reporting by EMS)

> I would ask everyone in EMS to consider and think about this bill very

> carefully, because it may blur the boundaries between law enforcement and

> emergency medical treatment.

>

> While all of us know the devastation that ETOH causes in our society, I

> wonder whether we're ready to become a part of law enforcement rather than

> medical care-givers, which this bill might encourage us to do.

>

> The trust that we enjoy as medical care-givers depends upon the

> confidentiality and privilege that attaches to our relationships with

> patients. I fear that this bill would erode those concepts. This bill

> points up a very serious dilemma that we face every day, and that is " What

is

> our role? "

>

> I don't think we are law enforcers. While we see, understand, and

appreciate

> the effects of drug abuse on our society, ETOH abuse being the primary

> culprit, I doubt that we want to become another arm of law enforcement.

That

> would seriously compromise our mission as medical care-givers.

>

> We need to remain neutral. Let law enforcement do its thing, but let's

not

> become cops. If we do, then our abilities to treat patients will be

greatly

> diminished and the trust that we enjoy will be seriously compromised.

>

> Gene Gandy, JD, LP

>

> In a message dated 11/15/2000 22:40:51 Central Standard Time,

> jhoskins@... writes:

>

> > Subj: [texasems-L] SB 92 BILL- (Alcohol/CS Reporting by EMS)

> > Date: 11/15/2000 22:40:51 Central Standard Time

> > From: jhoskins@... (Jay Hoskins)

> > <Reply-to: <A

HREF= " mailto:egroups " ><egroups</A>

> > To: egroups (EMS Listserver)

> >

> > By S.B.

No. 92

> > 77R698 MTB-D

> > A BILL TO BE ENTITLED

> > 1-1 AN ACT

> > 1-2 relating to reports of intoxication by emergency medical

services

> > 1-3 personnel.

> > 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

> > 1-5 SECTION 1. The heading of Subchapter E, Chapter 161,

Health

> > 1-6 and Safety Code, is amended to read as follows:

> > 1-7 SUBCHAPTER E. MANDATORY REPORTS OF GUNSHOT WOUNDS AND

CONTROLLED

> > 1-8 SUBSTANCE OVERDOSES; PERMISSIVE REPORTS OF INTOXICATION

> > 1-9 SECTION 2. Subchapter E, Chapter 161, Health and Safety

Code,

> > 1-10 is amended by adding Section 161.045 to read as follows:

> > 1-11 Sec. 161.045. PERMISSIVE REPORTING OF INTOXICATION. (a)

In

> > 1-12 this section:

> > 1-13 (1) " Health care provider " includes a physician, a

> > 1-14 nurse, and a person certified as an emergency medical services

> > 1-15 personnel under Chapter 773.

> > 1-16 (2) " Intoxicated " has the meaning assigned by

Section

> > 1-17 49.01, Penal Code.

> > 1-18 ( A health care provider who provides emergency

medical

> > 1-19 care to a person for injuries sustained in a motor vehicle

> > 1-20 collision may report the case to the law enforcement authority

of

> > 1-21 the municipality or county in which the collision occurred or

in

> > 1-22 which the emergency medical care was provided if the health

care

> > 1-23 provider has reasonable cause to believe that the person:

> > 1-24 (1) is intoxicated; and

> > 2-1 (2) was the operator of a motor vehicle involved in

> > 2-2 the collision.

subject

> > 2-4 to criminal prosecution for making a report in good faith under

> > 2-5 this section.

> > 2-6 SECTION 3. This Act takes effect immediately if it

receives a

> > 2-7 vote of two-thirds of all the members elected to each house, as

> > 2-8 provided by Section 39, Article III, Texas Constitution. If

this

> > 2-9 Act does not receive the vote necessary for immediate effect,

this

> > 2-10 Act takes effect September 1, 2001

> >

November 16, 2000

Good point, . You pretty much said what I thought about it.

Jay Hoskins

EMT

EMS Instructor

Texas Peace Officer

From: Frieze

To: egroups

Sent: Thursday, November 16, 2000 8:12 AM

Subject: RE: [texasems-L] SB 92 BILL- (Alcohol/CS Reporting by EMS)