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Colorado Law on Protecting a EMT and Fake Paramedic


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Several years ago the legislature considered a bill entitled "Safety of Emergency Personnel" at EMSAC's request. The bill title was intentionally broad so we could include several facets -- including EV response and assault (the title of the bill limits what language can be included in it).

At the time we wished to raise the penalty for assaulting any EMT (-B, -I, -P) and other "rescue" personnel to a class 5 felony. During the hearings legislators raised the issue of identifying volunteer EMTs or rescue personnel on scene. Since not everyone on a scene might be wearing an agency uniform (i.e., a volunteer that responds from home, as opposed to someone -- even a volunteer -- "on duty") they were concerned the potential "assaulter" could not tell that the victim was an EMT and the penalty would be greater (let's just forget the underlying crime, for this argument).

So that portion of the bill was stricken by committee (sometimes you must sacrifice a little to save a lot -- the entire bill). Hence the statute now reads as below:

18-8-104. Obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer.

(1) (a) A person commits obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority; or knowingly obstructs, impairs, or hinders the administration of emergency care or emergency assistance by a volunteer, acting in good faith to render such care or assistance without compensation at the place of an emergency or accident.

(B) To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference, or an obstacle, he or she knowingly obstructs, impairs, or hinders any such animal.

(2) It is no defense to a prosecution under this section that the peace officer was acting in an illegal manner, if he was acting under color of his official authority as defined in section 18-8-103 (2).

(3) Repealed.

(4) Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer is a class 2 misdemeanor.

(5) For purposes of this section, unless the context otherwise requires:

(a) "Emergency medical service provider" means a member of a public or private emergency medical service agency, whether that person is a volunteer or receives compensation for services rendered as such emergency medical service provider.

(B) "Rescue specialist" means a member of a public or private rescue agency, whether that person is a volunteer or receives compensation for services rendered as such rescue specialist.

I seem to recall that dogs used by law enforcement officers are protected from assault with the same penalty as the law enforcement officers are.

Howard

DENVER – Todd Teel was not a paramedic, but he played one in real life for more than a year, with injured patients entrusted to his care.

Teel, 40, worked as a credentialed paramedic for American Medical Response, AMR, from July 2006 until December 2007.

The Greenwood Village-based company had not acknowledged the situation publicly until contacted by 9NEWS on Thursday.

The National Registry of Emergency Medical Technicians, NREMT, said Teel forged a paper credential to indicate that he had received the required 1,200 hours, or two years, of training needed to be a paramedic.

According to the Colorado Department of Health, paramedics are entrusted to administer dozens of drugs and perform the most advanced life-saving measures allowed in pre-hospital patient care.

"The risk is tremendous in terms of the public's health, safety and welfare," said Randy Kuykendall, head of the state's Emergency Medical and Trauma Services Section.

"If the provider is unable to appropriately assess when to use which tools, those can be very dangerous," he said.

Kuykendall said AMR should have checked Teel's documentation against state or national records, both of which are available online and would have revealed the forgery.

"The responsibility and the onus is really on the EMS agency to verify that the folks they're hiring really are who and what they say they are," Kuykendall said.

NREMT recommends that all paper credentials are checked against the national database to avoid fraud.

Teel was a certified emergency medical technician, or EMT, from 2004 to 2007. NREMT reports Teel was never a certified paramedic.

Kuykendall stressed that the entry-level EMT certification requires far less medical knowledge than the paramedic certification, which is generally offered as a two-year degree program.

"The gulf between the two in terms of skill, knowledge and critical thinking is definitely huge," he said. "They are clearly not equivalent to each other by any means."

AMR issued a written statement to 9NEWS in response to a list of questions and a request for an interview.

The statement said, in part, that Teel was promoted from EMT to paramedic when "he provided credentials to AMR stating that he had completed a nationally certified paramedic training course and had passed all required tests."

AMR said Teel's doctored documents were discovered 17 months after he began work as a paramedic when he requested a transfer from the metro area to Longmont.

"He was immediately placed on unpaid leave and was not allowed to work any further shifts," the statement read. "Teel terminated his employment with AMR shortly after being placed on leave."

AMR reported its discovery to the state which confirmed Teel was not a certified paramedic.

AMR wrote that it "enhanced its credentialing verification and tracking process to help assure that this issue does not reoccur."

The company did not respond to a question asking if it had investigated whether Teel injured or killed a patient in his care. The company also did not answer a 9NEWS inquiry as to whether it would notify patients that had been cared for by Teel.

AMR did not say what steps it took to verify Teel's credential and did not respond when asked approximately how many calls he responded to in his time as a paramedic.

Colin Breese, an attorney who specializes in criminal law, said the situation presents a number of legal issues for Teel and AMR, especially if it's found that Teel harmed a patient.

Breese also noted that a defense attorney could challenge results of a blood test based on a sample taken by Teel, say, for a drunk driving case.

The Department of Health said is not illegal in Colorado to impersonate a paramedic.

A representative of the Wyoming Department of Health told 9NEWS that Teel tried to pass off his forged credential there in February, after he was detected in Colorado.

The document was flagged and Teel's attempt at employment was rejected.

"We accept nothing at face value," said Bob Dean, Wyoming's senior EMS trainer." "When you have someone in an ambulance, that's one of the most vulnerable times of their lives."

Teel, who is believed to be living out of state, did not respond to requests for comment.

(Copyright KUSA*TV, all rights reserved.)

Thanks 9 News for a good article-Used w/o permission

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A representative of the Wyoming Department of Health told 9NEWS that Teel tried to pass off his forged credential there in February, after he was detected in Colorado.

LOL!!

fail6.jpg

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I know in IL there was a bill passed that any kind of assault to EMS personnel or Firefighter is the same penalty as assaulting a Police Officer. Causing the death of the same personnel will call for the death penalty.

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