Additionally, while Education Law defines the scope of and authorizes the practice of medicine in general, it does not provide for or define patient care in the prehospital setting. The statutes are vague in detail and do not specifically address the responsibilities for providing patient care. In the absence of other controlling statutes, Public Health Law, therefore, takes precedence in regard to the provision of prehospital emergency medical care. NYS statutes do not obligate an individual citizen, regardless of training, to respond to a situation or provide care unless there is a formal duty by job description or role expectation. Such a duty to act arises from participation with an agency having jurisdiction.
Patient care takes place in many settings, some of which are hazardous or dangerous.
Circumstances and the use of specialized equipment for extrication, disentanglement, decontamination, etc. can directly effect patient care and patient outcomes. The equipment and techniques used are the responsibility of locally designated, specially trained and qualified personnel. Emergency incident scenes may be under the control of designated incident commanders who are not emergency care providers. These individuals are generally responsible for scene administration, safe entry to a scene or decontamination of patients or responders. When access to a patient is restricted because of safety concerns or other limitations, medical direction of patient care by certified EMS personnel is essential.