Topic:
OCCUPATIONAL LICENSING; EMERGENCY MEDICAL SERVICES; MEDICAL PERSONNEL;
Location:
EMERGENCY MEDICAL SERVICE;
Scope:
Connecticut laws/regulations;

OLR Research Report


The Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH




November 7, 1995 95-R-1459

TO:

FROM: John Kasprak, Senior Attorney

RE: CPR and First Aid

You asked which occupations are required by state statute or regulation to have first aid and cardiopulmonary resuscitation (CPR) certification or training. You are also interested in the requirements for those instructors providing the training.

SUMMARY

Lifeguards must be certified in CPR by the American Heart Association or the American Red Cross under state law.

Emergency medical service personnel (i.e., emergency medical technicians, paramedics, medical response technicians) must be certified which involves demonstrated training in first aid and CPR.

Child day care centers and group day care homes must have a staff person who has successfully completed a health and safety course that includes first aid.

Youth camps seeking state licensure must have staff trained in first aid administration.

The state's “good samaritan” law provides immunity from liability for ordinary negligence to certain persons providing free emergency medical assistance. This includes those operating cardiopulmonary resuscitators, and persons trained in CPR according to standards of the American Red Cross or American Heart Association.

State law specifies that a chiropractor's scope of practice includes administration of first aid. The public school's health and safety course addresses first aid.

EMERGENCY MEDICAL SERVICE PERSONNEL/PARAMEDICS

For initial certification, an “emergency medical technician” (EMT) must successfully complete the state Office of Emergency Medical Assistance (OEMS)-approved EMT written exam and oral exam. To take these exams, the certification applicant must meet at least one of the following: (1) successfully complete an EMT training program approved by OEMS; (2) successfully complete an EMT training program OEMS determines is equivalent to state certified EMT training; (3) have a valid LPN, RN, M.D., or D.O. state license and have successfully completed within the previous 12 months each of the following (a) an OEMS-approved CPR course, (b) an OEMS-approved extrication course, and (c) 10 hours of ambulance response experience; (4) successfully complete the following within the previous 12 months (a) a minimum 24 months duty as a medical corpsman in the U.S. armed forces, (b) an OEMS-approved CPR course, and (c) an OEMS-approved extrication course; (5) be currently certified as a senior national ski patroller; or (6) be currently certified by any other organization with equal or higher certification standards (Department of Public Health (DPH) Regs. § 19a-179-16(b)).

Certification of a “medical response technician” (MRT) requires successful completion of OEMS-approved MRT written and practical examinations. To take these exams, the individual must have (1) successfully completed an OEMS-approved MRT training program or (2) an American Red Cross advanced first aid and emergency care course and an OEMS-approved CPR course (DPH Regs. § 19a-179-16(a)).

EMS-Instructors are certified by OEMS if they meet the following requirements (1) current state EMT certification; (2) a minimum 12 months with an ambulance or rescue organization, or in the EMS care field; (3) a letter of recommendation from the appropriate regional council or state agency; and (4) successful completion of an EMS instructor's course as approved by OEMS (DPH Regs. § 19a-179-16(d)).

In order to conduct an OEMS-approved training program for MRTs, EMTs, or EMS-Instructors, a person must (1) submit a written application to conduct the training program to OEMS which includes a list of teaching facilities, aids and supplies; a proposed list of instructors and physician lecturers; and a statement of compliance that the program meets the most recent National Standard Training Curricula, as approved by the National Highway Safety Traffic Administration for the appropriate category; (2) ensure that there is a state certified EMS-Instructor responsible for all class sessions; (3) follow OEMS' training manual; and (4) maintain financial and administrative records for inspection by OEMS (DPH Regs. § 19a-179-17).

State law allows paramedics (a type of EMT) to “carry out all phases of cardiopulmonary resuscitation and defibrillation and administer drugs and intravenous solutions under written or oral authorization from a licensed physician” (CGS § 19a-193; PA 95-98; DPH Regs. § 19a-179-1(k)).

LIFEGUARDS

CGS § 19a-113a directs the public health commissioner to adopt regulations requiring that lifeguards be certified in CPR by the American Heart Association or the American Red Cross.

Under the corresponding regulations, CPR certification must include at least the following: (1) methods for clearing the obstructed airway, (2) one rescuer CPR, (3) two rescuer adult CPR, and (4) infant and small child CPR (DPH Regs. § 19a-113-1).

CHILD DAY CARE PROVIDERS

Child day care centers or group day care homes must meet certain staffing requirements including the presence at all times the facility is in operation of a staff member who has successfully completed within the past three years a state health department approved course. The course must address recognition and emergency management of bleeding, burns, poisoning, anaphylaxis, choking, seizures, wounds, head injuries, musculo-skeletal injury, shock, loss of consciousness, dental emergencies, child abuse, sexual abuse, communicable disease prevention, hygiene, signs and symptoms of illness, temperature taking, and accident prevention and safety (DPH Regs. §§ 17-79-4a(e)).

Instruction for such a course must be given by a person who is (1) currently certified as an American Red Cross first aid instructor, (2) a licensed physician or registered nurse, or (3) a certified EMT. The course outlines and other written course material must be given to DPH and not used without department approval (DPH Regs. § 19a-79-4a(e)).

YOUTH CAMPS

In order to receive a youth camp license from the Department of Public Health, the camp's staff must include (at all times) an adult trained in the administration of first aid (CGS § 19a-422). The law does not specify who must do the training.

CHIROPRACTORS

The scope of practice for chiropractors, as provided in state statute, includes the administration of first aid (CGS § 20-28(b)(4)).

PUBLIC SCHOOL CURRICULUM

The program of instruction in public schools must offer health and safety, which includes first aid (CGS § 10-16b).

“GOOD SAMARITAN” LAW

The “good samaritan” law (CGS § 52-557b) provides immunity from civil damages for acts of ordinary negligence in connection with the rendering of emergency medical service by specified individuals under certain circumstances. The immunity does not apply to gross, wilful, or wanton negligence. Following is a listing of those who are protected by this law.

Under CGS § 52-557b(a) the following persons who provide free emergency medical assistance outside their normal employment or practice are immune from liability for ordinary negligence:

1. licensed physicians and dentists,

2. registered nurses and licensed practical nurses,

3. medical technicians,

4. persons operating cardiopulmonary resuscitators, and

5. persons trained in CPR in accordance with standards set forth by the American Red Cross of American Heart Association.

Under CGS § 52-557b(b) the following persons who render emergency first aid are also not liable for ordinary negligence if they have completed a course in first aid offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Health and Addiction Services, or any director of health as certified by the agency or director of health offering the course:

1. paid or volunteer firefighters or police officers;

2. teachers or other school personnel on school grounds, in a school building, or at a school function;

3. members of a ski patrol;

4. lifeguards;

5. conservation officers;

6. patrol officers or special police officers of the Department of Environmental Protection; and

7. ambulance personnel.

This law also exempts firefighters, police officers, or ambulance personnel who forcibly enter the residence of any person to render emergency first aid from liability for damages to property.

Under CGS § 52-557b(c) a railroad company employee who has completed a first aid course offered by the American Red Cross, who is trained in CPR in accordance with American Red Cross standards and who renders emergency first aid or CPR to a person in need of it, is not liable for ordinary negligence. Under CGS § 52-557b(d), a railroad company that provides emergency medical training or equipment to any employee granted immunity under CGS § 52-557b(c), is not liable for civil damages for any injury sustained resulting from the company's act or omission in providing the training or equipment or which results from the employee rendering first aid or CPR, which constitutes ordinary negligence.

Under CGS § 52-557b(e) a teacher or other school personnel, on school grounds or in the school building or at a school function, who has completed a first aid course offered by specified organizations and a course given by the school medical adviser is not liable to the assisted person for civil damages for any resulting injuries for ordinary negligence. This immunity also applies to a license physician who administers medication by injection.

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