I feel strongly that the new policy that all intoxicated persons be transported to the hospital mandated by the local governing EMS body (MLREMS) will be detrimental to both the student body and the College.
The argument is that alcohol ingestion is a “distracting injury,” similar to a compound fracture, and that the patient can not make a rational decision. However, the legal standard in New York State has always been that, if the patient is conscious, alert and orientated to person, place and time, then they are competent to make their own medical decisions, including refusing evaluation, treatment or transport to the hospital. It is under this premise that MERT has been operating, and I believe it should continue to do so. Not only is intoxication nearly impossible to determine, but forcing competent persons to go to the hospital against their will places the EMT and the College in legal jeopardy of assault and kidnapping charges. This policy will be detrimental for the student body because knowing that calling MERT will result in automatic transportation to the Emergency Department will deter students from calling for medical evaluation early or frequently enough to prevent complications such as aspiration, apnea and death. For this reason, many colleges and universities have adopted an amnesty policy in which those who call EMS for intoxicated students are not mandated to be transported to the hospital, nor are they prosecuted through disciplinary proceedings. I strongly believe that MERT and the University need to work with MLREMS in clarifying the policy as it applies to the University community to prevent both the legal liability and severe consequences for the patients that may result.
– Carsten StrackeMERT Crew Chief 2002
