2 May 2022

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EMAC legislation Public Law

Format: APA

Academic level: College

Paper type: Case Study

Words: 456

Pages: 1

Downloads: 0

Article V states that if an individual holds a certificate, license or any other permit that has been issued by a state party proving that they meet the qualifications for professional, mechanical, or other skills, then they must consider themselves as licensed, certified or permitted by any state that may request their assistance ( PUBLIC LAW 104–321, 1996 ). This means that they are allowed to use their skill to aid in the event of an emergency, disaster, or any situation that may require their services. It is, however, imperative to note that the scope of the may vary depending on the issuance of the executive order by a governor of the requesting state. Under Article VI, officers or employees of a party state who offer assistance to another state will be considered agents of the state that is requesting assistance for tort liability and immunity responses ( PUBLIC LAW 104–321, 1996 ). This implies that under this compact, the party state shall not be liable for any of its officers’ or employees’ actions or omission of good faith while they render aid in another state. This also applies to the maintenance and use of the equipment and supplies they manage. 

Freelancing Paramedic

Under the EMT, there are no contingencies that are put in place to protect self-deployed paramedics who render assistance on an out of state basis. A freelancing paramedic will, therefore, be liable to a number of issues of consequences of their self-deployment arise. Since the legal requirements of this deployment are not met, insurance liabilities, protocols and medical oversight issues are bound to arise. In the event that the EMT paramedic is hurt or injured during the process of offering assistance, problems will arise on this coverage because the tort liability principle will not apply here. If something goes wrong and a victim decides to sue the paramedic, they may end up losing their job and in some cases even serve a jail term. In addition to this, allegations of breach of privacy, negligence, misrepresentation, and other liability claims may also arise from my involvement in an unsanctioned mission ( Bennett, 2008 ). One cannot just go around rendering medical assistance without authorization from his or her party state or municipal. Freelancing may in some cases wreak havoc on the operations and as such, an incident commander will be in trouble for allowing a self-deployed paramedic to offer assistance during such an event. Under Article VI, these parties will have to be accountable for their actions in the field because their liability will not be covered by either state as stated under Public Law 104–321. 

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In every state, there is a code that guides emergency departments on how to handle pyrotechnic systems to ensure safe operation of outdoor equipment ( Bennett, 2008 ). This means that even though a person may have the skill to operate these systems, they may not follow the stipulated procedure in the requesting state. A mistake may pose a serious risk to the public, which may, in turn, lead to legal liability cases from my side, and municipality. 

References

Bennett, L. T. (2008). Fire service law . Upper Saddle River, NJ: Prentice Hall.

PUBLIC LAW 104–321—OCT. 19, 1996

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StudyBounty. (2023, September 14). EMAC legislation Public Law.
https://studybounty.com/emac-legislation-public-law-case-study

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