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EMT_Law

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  1. In some states, New Mexico for example, there is law on the books that allows for EMS to conduct a pseudo protective custody in which the patient is a true danger to themselves and the results of refusal is death (Emergency Transportation Act). Though it is expected that any Medic or EMT that is considering this route contact online medical control and have a physician make the final call. Law enforcement agencies would be your best route due to them having legal authority to place an individual into protective custody and force a hospital visit, though there is specific criteria that needs to be met at that time as well. Generally speaking within the medical field, Prehospital as well as hospital field, if a patient is not under the influence of mind altering medication/drugs/alcohol and there is not reason to believe that the patient has had their cognitive ability changed, and the patient is a competent adult then NO you cannot force the patient to go to the hospital. If you do force a competent adult patient into going to the hospital then you could be reasonably charged with kidnapping, and assault and battery. Though also remember that we have to acquire consent for everything that we do though it be expressed consent or implied consent it is still consent. Hope this helps.
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