[philmont] 2007 Wilderness First Aid Requirement - The Official Word

It's a pain in the butt to research. Most of the time I find vague statues
or regulations then email the licensing board for clarification.
 
In Colorado I got the information from talking to the Department of Health.
I was investigating some stuff for a speech, ran into the lady in charge of
licensing and asked her some questions. Her answers blew me out of the
water until I started thinking about then. Going on 2 years of research now
to follow up.
 
In New Mexico I got the following answer from the New Mexico Physician
Licensing Board:
 
"I can provide a definitive answer for your last question - in NM, there
must be a patient-physician relationship before the physician can write a
prescription, and no, a physician may not write a script for medication to
be dispensed to a third party."
 
Most states do not have this as a statute but as a regulation. For most
states you have to dig into their regulations. When that fails ask questions
of the MD licensing board.
 
Think about it. If you write a prescription to someone who is not the
intended recipient of the prescription is that not a criminal act? It is
definitely fraud. Under the law, good intentions are not a defense. If you
knowingly in engage in the act you conspiring to commit a felony.
 
Also remember invading the body with an instrument is not first aid.
Removing foreign bodies with water seems not to be so clean the wounds. So a
lot of states tackle the question from the first aid provider point of view
that way. In Alaska Alaska Statute 08.64.360 states that it is a
misdemeanor for someone not licensed to practice medicine. Giving an epi
shot is practicing medicine if the epi prescription is not in the name of
the person receiving the shot. Same in all other states I've found.
 
You then get into can you do it under a physician's license through
protocols. Yes, but. In Colorado the physician must be within 30 minutes of
your scene. In Utah in the same office complex, sort of a hollering distance
and in Arizona in the same room.
 
All this if you are not licensed by the state as an EMT, Physician's
assistant, nurse, etc.
 

Jim

 <mailto:Recreation.Law@gmail.com> Recreation.Law@gmail.com

James H. Moss, Attorney specializing in Recreation Law

Editor, Outdoor Recreation & Fitness Law Review:
The Outdoor Recreation & Fitness Law Reviews are publications for members of
the Outdoor Recreation, Adventure Travel, Hospitality and Fitness Industry
 <mailto:lawreview@snewsnet.com> lawreview@snewsnet.com
<http://www.snewsnet.com/cgi-bin/snews/law_review/index.html>
http://www.snewsnet.com/cgi-bin/snews/law_review/index.html

Associate Instructor: The Department of Parks, Recreation, and Tourism,
University of Utah
Graduate and Undergraduate class
<http://www.health.utah.edu/prt/> http://www.health.Utah.edu/prt/

Instructor: Ski Area Operations, Risk Management Course Colorado Mountain
College
 <mailto:jmoss@coloradomtn.edu> jmoss@coloradomtn.edu
<http://www.coloradomtn.edu/programs/sao/home.html>
http://www.coloradomtn.edu/programs/sao/home.html

PO Box 16743
Golden, CO 80402
303-807-2275
Personal Email: <mailto:jhmoss@gmail.com> jhmoss@gmail.com

P Please consider the environment before printing this email

  _____

From: philmont@troop47.com [mailto:philmont@troop47.com] On Behalf Of Peter
Swiggum
Sent: Sunday, October 29, 2006 7:46 PM
To: philmont List Member
Subject: [philmont] 2007 Wilderness First Aid Requirement - The Official
Word

Jim,
You have been consistent in your position that administering epi pens to
someone other than the person to whom it is prescribed is illegal.
 
With our council about to embark on a WFA training course, would you have
some references to share on this ruling for the purposes of our training?
To be clear, I'm not challenging your position. Just looking for the source
of your information so it can be discussed in advance of our training
sessions.
 
Pete Swiggum
Green Bay, WI
 

"James H. Moss" <bsa.rec.law@gmail.com> wrote:

Although you may find the American Red Cross "lacking" compare the Buck
Tilton's WFR course, anybody can teach a WFR. ANYBODY and most are taught
by ANYBODIES. There is no standard curriculum. There is not teaching
background requirements. Most advertise by what they teach, which in many
cases is illegal.
 
Remember it is a criminal act, not covered by the good Samaritan law to
carry epinephrine that is prescribed in your name and give it to a third
party. Yet most WFR courses teach you to do that.
 
What you learned from a WFR course in one state can be night and day what is
taught in another. Besides no one from a government point of view save one
Park recognizes WFR. Where everyone recognizes National Ski Patrol, American
Red Cross and the BSA first aid programs.
 

Jim
 <mailto:Recreation.Law@gmail.com> Recreation.Law@gmail.com
 
James H. Moss, Attorney specializing in Recreation Law

-------------------------------------------------------
Scouting E-mail Discussion Lists @ usscouts.org
Listserv Commands at http://usscouts.org/lists/lc.asp
-------------------------------------------------------
Send listserv commands to: listserv@troop47.com
Send postings to: philmont@troop47.com
List FAQ found at: http://usscouts.org/lists/faq.asp
List Administrator: philmont_owner@troop47.com
-------------------------------------------------------
To Unsubscribe send text email to:

     To: listserv@troop47.com
     Subject: unsubscribe
     Body: unsubscribe philmont@troop47.com
-------------------------------------------------------

As you gather around this virtual campfire with fellow
Scouts and Scouters, do your best to be trustworthy,
loyal, helpful, friendly, courteous, kind, obedient,
cheerful, thrifty, brave, clean and reverent.
-------------------------------------------------------

 
Received on Sun Oct 29 22:27:51 2006