LSA-R.S. 40:1234
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West's Louisiana Statutes Annotated Currentness
Louisiana Revised Statutes
Title 40. Public Health and Safety
Chapter 5. Miscellaneous Health Provisions (Refs & Annos)
Part VII. Emergency Medical Services (Refs & Annos)
Subpart B. Emergency Medical Personnel (Refs & Annos)
§ 1234. Duties of emergency medical personnel
A. (1) A certified emergency medical technician-basic may perform any of the following functions:
(a) Rescue, first aid, resuscitation, and other services to the extent that he has been trained to perform such services
under the provisions of the National Standard EMT-Basic training curriculum developed and promulgated by the
United States Department of Transportation that are adopted by the bureau.
(b) When authorized by medical direction, an emergency medical technician-basic or an emergency medical technician-intermediate may administer or aid the patient in the administration of a dose of epinephrine from an auto-injector
to treat allergic reaction and anaphylaxis.
(c) Services which may be performed by a certified emergency medical technician-intermediate as provided in Subsection B of this Section, but only while he is enrolled in good standing in an approved emergency medical technician-intermediate clinical or field internship program and while he is under the direct supervision of a physician,
registered nurse, certified emergency technician-paramedic, or other preceptor approved by the bureau.
(d) Services which may be performed by a certified emergency medical technician-paramedic, as provided in Subsection C of this Section, but only while he is enrolled in good standing in an approved emergency medical technician-paramedic clinical or field internship program and while he is under the direct supervision of a physician, registered nurse, certified emergency technician-paramedic, or other preceptor approved by the bureau.
(2) The functions authorized by Paragraph (1) of this Subsection may be performed by the certified emergency
medical technician-basic under any of the following conditions:
(a) While he is at the scene of a medical or other emergency where voice contact is established with a physician and
under the physician's order.
(b) While he is at the scene of a life threatening emergency and under a protocol that has been approved by the local
parish medical society, or its designee, until voice communication with the physician is established at the earliest
possible time.
B. (1) A certified emergency medical technician-intermediate may perform any of the following functions:
(a) Any services to the extent that he has been trained to perform such services under the provisions of the National
Standard EMT- Intermediate training curriculum developed and promulgated by the United States Department of
Transportation that are adopted by the bureau.
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(b) Services which may be performed by a certified emergency medical technician-paramedic, as provided in Subsection C of this Section, but only while he is enrolled in good standing in an approved emergency medical technician-paramedic clinical or field internship program and while under the direct supervision of a physician, registered
nurse, certified emergency technician-paramedic, or other preceptor approved by the bureau.
(2) The functions authorized by Paragraph (1) of this Subsection may be performed by the certified emergency
medical technician-intermediate under any of the following conditions:
(a) While caring for a patient in a participating hospital under the direct supervision of a physician.
(b) While he is at the scene of a medical or other emergency where voice contact is established with a physician and
under the physician's orders.
(c) While he is at the scene of a life threatening emergency and under a protocol that has been approved by the local
parish medical society, or its designee, until voice communication with the physician is established at the earliest
possible time.
C. (1) A certified emergency medical technician-paramedic may perform any of the following functions:
(a) Any services to the extent that he has been trained to perform such service under the provisions of the National
Standard EMT-Paramedic training curriculum developed and promulgated by the United States Department of
Transportation that are adopted by the bureau.
(b) Administration of other drugs or procedures for which the certified emergency medical technician-paramedic has
received training, certification, and approval by the commission and which may be considered necessary by the ordering physician.
(2) The functions authorized by Paragraph (1) of this Subsection may be performed by a certified emergency medical
technician-paramedic under any of the following conditions:
(a) While his caring for a patient in a participating hospital under the direct supervision of a physician.
(b) While he is at the scene of a medical or other emergency where voice contact is established with a physician and
under the physician's orders.
(c) While he is at the scene of a life threatening emergency and under a protocol that has been approved by the local
parish medical society, or its designee, until voice communication with the physician is established at the earliest
possible time.
D. A certified first responder may perform any of the following functions:
(1) Rescue, first aid, resuscitation, and other services to the extent that he has been trained to perform such services
under the provisions of the first responder training curriculum developed and adopted by the bureau.
(2) Administration of automated cardiac defibrillation in accordance with rules and regulations promulgated by the
bureau in accordance with the Administrative Procedure Act and a protocol that shall be approved by the local parish
medical society, or its designee, and the local physician medical director.
E. (1) In a case of a life-threatening situation as determined by a certified emergency medical technician--intermediate
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or an emergency medical technician--paramedic, when voice contact with a physician or when telemetered electrocardiogram communication is delayed, not possible, or when the delay in treatment could endanger the life of the
patient, such a person may render services, in accordance with a protocol that shall be established by the emergency
medical services committee or the executive committee of the parish or component medical society, or its designee,
until voice or telemetered electrocardiogram communication can be established at the earliest possible time.
(2) Such services may be rendered for the following conditions:
(a) Cardiac arrest.
(b) Ventricular tachycardia.
(c) Supraventricular tachycardia.
(d) Premature ventricular ectopy when greater than six per minute, multifocal, bigeminal, occurring in bursts of two or
more, falling on or close to the T wave.
(e) Severe, unrelieved, suspected cardiogenic chest pain, or suspected myocardial infarction.
(f) Bradydysrhythmias.
(g) Hypoglycemia.
(h) Anaphylactic reactions.
(i) Hypovolemic shock.
(j) Unconsciousness, altered mental status, or respiratory depression from suspected drug overdose.
(k) Treatment induced unconsciousness, altered mental status, hypotension, or respiratory depression from physician
ordered or protocol appropriate paramedic administered narcotics.
(l) Respiratory failure or respiratory arrest.
(m) Active seizure.
(3) Nothing in this Subsection shall be construed to authorize a certified emergency medical technician--paramedic to
administer any Schedule II narcotic without a direct order by a physician licensed to practice medicine by the Louisiana State Board of Medical Examiners or in accordance with an approved protocol adopted pursuant to Subsection
E(1) and (2).
F. (1) The bureau shall adopt rules and regulations to allow emergency medical personnel to institute a program for the
delivery of automated cardiac defibrillation in the pre-hospital setting.
(2) The bureau shall adopt rules and regulations for training to allow all levels of certified medical technicians to carry
and administer epinephrine by auto-injectors to patients experiencing allergic reactions or anaphylaxis.
G. Any individual, training organization, organization, or other entity violating the provisions of this Section shall be
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guilty of a misdemeanor, conviction of which shall subject the offender to a fine of not less than five hundred dollars
nor more than one thousand dollars for each separate offense.
H. In the event that there is no organized or functional local parish medical society in a parish of the state, the provisions of this Section which require the approval of an emergency medical service protocol by the local parish medical
society or its designee may be performed by a parish or multiparish medical society which is adjacent or contiguous to
the parish without an organized or functional local parish medical society. In the absence of such adjacent or contiguous parish or multiparish medical society, the district medical society shall approve an emergency medical service
protocol for the parish without an organized or functional local parish medical society. In the event the district medical
society does not approve an emergency medical service protocol for the parish without an organized or functional
local parish medical society, the disaster and emergency medical services committee of the Louisiana State Medical
Society shall approve an emergency medical service protocol for the parish without an organized or functional local
parish medical society.
I. The department shall promulgate rules and regulations establishing basic guidelines for statewide emergency
medical service protocols. Such rules and regulations shall be based on the recommendations of the Louisiana State
Medical Society's disaster and emergency medical services committee, which shall serve as an advisory committee to
the department for this purpose.
CREDIT(S)
Added by Acts 1977, No. 626, § 2. Amended by Acts 1978, No. 469, § 1; Acts 1979, No. 688, § 1; Acts 1984, No. 242,
§ 1; Acts 1984, No. 243, § 1; Acts 1986, No. 630, § 1, eff. July 6, 1986; Acts 1987, No. 665, § 1, eff. July 9, 1987; Acts
1988, No. 776, § 1; Acts 1989, No. 195, § 1, eff. June 26, 1989; Acts 1990, No. 211, § 1, eff. July 2, 1990 as to subsec.
E, and Jan. 1, 1991 as to par. A(4); Acts 1991, No. 974, § 1, eff. July 24, 1991; Acts 1997, No. 913, § 2; Acts 1999, No.
427, § 1; Acts 2001, No. 385, § 1.
HISTORICAL AND STATUTORY NOTES
2008 Main Volume
As originally enacted in 1977, this section read:
Ҥ 1234. Duties of certified advanced emergency medical technicians
“Notwithstanding any other provisions of law, certified advanced emergency medical technicians may do any of the
following:
“(1) Render rescue, first aid and resuscitation services.
“(2) Perform cardiopulmonary resuscitation and defibrillation.
“(3) During training and while caring for patients in a participating hospital under the direct supervision of a physician,
or while at the scene of a medical emergency where voice contact or a telemetered electrocardiogram is monitored by
a physician and where direct communication is maintained, upon order of such physician:
“(a) Administer intravenous saline, glucose or volume expanding agents or solutions.
“(b) Perform gastric and tracheal suction by intubation. Perform pulmonary ventilation by use of esophaegeal airway,
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esophaegeal intubation, and endotracheal intubation.
“(c) Administer cardiac defibrillation.
“(d) Assist in childbirth.
“(e) Administer parenterally, orally or topically any of the following classes of drugs:
“(i) Antiarrhythmic agents
“(ii) Vagalytic agents
“(iii) Chronotropic agents
“(iv) Analgesic agents
“(v) Alkalinizing agents
“(vi) Vasopressor agents
“(vii) Narcotic antagonists
“(viii) Diuretics
“(ix) Antisomnolents
“(x) Ophthalmic agents
“(xi) Oxytocic agents
“(xii) Antihistamines
“(xiii) Bronchodilators
“(xiv) Emetic
“(xv) Other drugs which may be deemed necessary by the ordering physician.”
The 1978 amendment substituted “certified emergency medical technicians--intermediate and paramedic” for “certified advanced emergency medical technicians” in the section heading; redesignated the prior subject matter of this
section as subsection B and added a new subsection A; in subsection B, substituted “emergency medical technician--paramedic” for “advanced emergency medical technician,” replaced periods at the ends of pars. (1) and (2) with
a colon and a colon followed by “or,” respectively, and under par. (B)(3) designated a previously undesignated subparagraph as subparagraph (c) and redesignated former subparagraphs (c), (d), and (e) as (d), (e), and (f), respectively.
The 1979 amendment deleted item (B)(3)(f)(xv), which had read: “Other drugs which may be deemed necessary by
the ordering physician”, added “or” to item (B)(3)(f)(xiv), and added subpar. (B)(3)(g).
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Acts 1984, No. 242, § 1, in the introductory clause of item (B)(3)(f), inserted “, endotracheally, intravenously, intramuscularly, subcutaneously,”.
Acts 1984, No. 243, § 1, added subsec. C.
In subsec. C, as added in 1984, preceding “person” the indefinite article “a” was inserted and following “services” and
“societies” commas were inserted pursuant to the statutory revision authority of the Louisiana State Law Institute.
The 1986 amendment deleted “--intermediate and paramedic” from the section heading and rewrote the section, which
prior thereto read:
“A. Notwithstanding any other provisions of law, a certified emergency medical technician--intermediate may do any
of the following:
“(1) Render rescue, first aid, and resuscitation services.
“(2) Perform cardiopulmonary resuscitation; or
“(3) During training and while caring for patients in a participating hospital under the direct supervision of a physician,
or while at the scene of a medical emergency where voice contact or a telemetered electrocardiogram is monitored by
a physician and where direct communication is maintained, upon order of such physician:
“(a) Administer intravenous saline, glucose, or volume expanding agents or solutions.
“(b) Perform pulmonary ventilation by use of esophaegeal obturator airway; or
“(c) Assist in childbirth.
“B. Notwithstanding any other provisions of law, a certified emergency medical technician--paramedic may do any of
the following:
“(1) Render rescue, first aid, and resuscitation services.
“(2) Perform cardiopulmonary resuscitation and defibrillation; or
“(3) During training and while caring for patients in a participating hospital under the direct supervision of a physician
or while at the scene of a medical emergency where voice contact or a telemetered electrocardiogram is monitored by
a physician and where direct communication is maintained, upon order of such physician:
“(a) Administer intravenous saline, glucose, or volume expanding agents or solutions.
“(b) Perform gastric and tracheal suction by intubation.
“(c) Perform pulmonary ventilation by use of esophaegeal airway, esophaegeal intubation, and endotracheal intubation.
“(d) Administer cardiac defibrillation.
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“(e) Assist in childbirth.
“(f) Administer parenterally, orally, endotracheally, intravenously, intramuscularly, subcutaneously, or topically any
of the following classes of drugs:
“(i) Antiarrhythmic agents.
“(ii) Vagalytic agents.
“(iii) Chronotropic agents.
“(iv) Analgesic agents.
“(v) Alkalinizing agents.
“(vi) Vasopressor agents.
“(vii) Narcotic antagonists.
“(viii) Diuretics.
“(ix) Antisomnolents.
“(x) Ophthalmic agents.
“(xi) Oxytocic agents.
“(xii) Antihistamines.
“(xiii) Bronchodilators.
“(xiv) Emetic; or
“(g) Administer other drugs or procedures for which the certified emergency medical technician--paramedic has
received training, certification and approval by the Board of Medical Examiners which may be deemed necessary by
the ordering physician.
“C. In a case of a life-threatening situation as determined by a certified emergency medical technician-intermediate
and paramedic, when voice contact with a physician or when telemetered electrocardiogram communication is not
possible due to a mass casualty disaster situation or power outage in the electrical and telephone system, such a person
may render services, in accordance with a protocol which shall be established by the emergency medical services
committee or the executive committee of the parish medical society, until voice or telemetered electrocardiogram
communication can be established at the earliest possible time.”
As amended in 1986, the section read:
Ҥ 1234. Duties of certified emergency medical technicians
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“A. Notwithstanding any other provisions of the law, a certified emergency medical technician--basic may perform
any of the following functions:
“(1) Rescue, first aid, and resuscitation services, including but not limited to the application of bandages, splinting
devices, traction devices, and pneumatic anti-shock garments.
“(2) Cardiopulmonary resuscitation.
“(3) Assist in childbirth
“(4) The functions of a certified emergency medical technician-intermediate as listed in Subsection B only during
training for certification at the intermediate level or the functions of a certified emergency medical technician-paramedic as listed in Subsection C only during training for certification at the intermediate level or paramedic
level and while under the direct supervision of a physician, registered nurse, certified emergency technician-paramedic, or other approved preceptor.
“B. Notwithstanding any other provisions of law, a certified emergency medical technician--intermediate may perform any of the following functions:
“(1) Any of the functions listed in Subsection A of this Section.
“(2) While caring for patients in a participating hospital under the direct supervision of a physician, or while at the
scene of a medical emergency where voice contact or a telemetered electrocardiogram is monitored by a physician and
where direct communication is maintained, upon order of such physician:
“(a) Administer intravenous saline, glucose, or volume expanding agents or solutions.
“(b) Perform pulmonary ventilation by use of esophaegeal obturator airway.
“(3) The functions of a certified emergency medical technician-paramedic as listed in Subsection C, only during
training for certification at the paramedic level and while under the direct supervision of a physician, registered nurse,
certified emergency medical technician-paramedic, or other approved preceptor.
“C. Notwithstanding any other provisions of law, a certified emergency medical technician--paramedic may perform
any of the following functions:
“(1) Any of the functions listed in Subsections A and B of this Section.
“(2) While caring for patients in a participating hospital under the direct supervision of a physician, or while at the
scene of a medical emergency where voice contact or a telemetered electrocardiogram is monitored by a physician and
where direct communication is maintained, upon order of such physician:
“(a) Perform gastric and tracheal suction by intubation.
“(b) Perform pulmonary ventilation by use of esophaegeal airway, esophaegeal intubation, and endotracheal intubation.
“(c) Administer cardiac defibrillation.
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“(d) Administer parenterally, orally, endotracheally, intravenously, intramuscularly, subcutaneously, or topically any
of the following classes of drugs:
“(i) Antiarrhythmic agents.
“(ii) Vagalytic agents.
“(iii) Chronotropic agents.
“(iv) Analgesic agents.
“(v) Alkalinizing agents.
“(vi) Vasopressor agents.
“(vii) Narcotic antagonists.
“(viii) Diuretics.
“(ix) Antisomnolents.
“(x) Ophthalmic agents.
“(xi) Oxytocic agents.
“(xii) Antihistamines.
“(xiii) Bronchodilators.
“(xiv) Emetic.
“(e) Administer other drugs or procedures for which the certified emergency medical technician--paramedic has
received training, certification, and approval by the Board of Medical Examiners which may be deemed necessary by
the ordering physician.
“D. In a case of a life-threatening situation as determined by a certified emergency medical technician-intermediate or
a certified emergency medical technician-paramedic, when voice contact with a physician or when telemetered electrocardiogram communication is not possible, such a person may render services, in accordance with a protocol which
shall be established by the emergency medical services committee or the executive committee of the parish medical
society, until voice or telemetered electrocardiogram communication can be established at the earliest possible time.”
The 1987 amendment, near the end of subsec. D, substituted “committee of the parish or component medical society,
or its designee,” for “committee of the parish medical society,”.
The 1988 amendment substituted “antishock” for “anti-shock” preceding “garments” in par. (A)(1); inserted a new
par. (A)(4), relating to automated cardiac defibrillation, and redesignated existing par. (A)(4) as par. (A)(5); added
subpar. (B)(2)(c), relating to automated cardiac defibrillation; and deleted par. (B)(3), which previously read:
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“(3) The functions of a certified emergency medical technician-paramedic as listed in Subsection C, only during
training for certification at the paramedic level and while under the direct supervision of a physician, registered nurse,
certified emergency medical technician-paramedic, or other approved preceptor.”
In this section as amended in 1988, in par. (A)(4), a comma was inserted following “technician defibrillation”; in par.
(A)(5), commas were inserted twice preceding “as listed;” and in subpar. (B)(2)(b) “esophaegeal” was substituted for
“esopohaegel” pursuant to the statutory revision authority of the Louisiana State Law Institute.
The 1989 amendment, in subsec. D, substituted “is delayed or not possible” for “is not possible” following “electrocardiogram communication” in the first sentence, and added the second sentence and list of services thereunder.
In subsec. D of this section as amended by Acts 1989, No. 195, § 1, pars. (1) and (2) were designated, the paragraphs
originally designated as pars. (1) to (7) were redesignated as subpars. (D)(2)(a) to (D)(2)(g), and periods were supplied
at the end of each of these subparagraphs, all pursuant to the statutory revision authority of the Louisiana State Law
Institute.
The 1990 amendment added subsec. E, relating to regulations for early defibrillation, and rewrote par. (A)(4), which
had read:
“(4) Administration of automated cardiac defibrillation after successfully completing an initial training and certification program for emergency medical technicians defibrillation, which is consistent with the national standards for
emergency medical technician defibrillation as developed by the National Council for State Emergency Medical
Services Training Coordinators and approved by the secretary of the Department of Health and Hospitals in accordance with a protocol which shall be established by the emergency medical services committee or the executive
committee of the parish or component medical society or its designee.”
Section 2 of Acts 1990, No. 211 provided:
“The provisions of this Act requiring the development of standards by the Emergency Medical Services Advisory
Council and the promulgation of rules by the Department of Health and Hospitals pursuant to R.S. 40:1234(E) shall
become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills
to become law without signature by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. The remaining provisions of this Act shall become effective on January 1, 1991.”
The 1991 amendment added subsecs. F and G, relating to automated cardiac defibrillation and penalties, respectively;
added “and first responders” to the section heading; and rewrote subsecs. D and E, which had read:
“D. (1) In a case of a life-threatening situation as determined by a certified emergency medical technician-intermediate
or a certified emergency medical technician-paramedic, when voice contact with a physician or when telemetered
electrocardiogram communication is delayed or not possible, such a person may render services, in accordance with a
protocol which shall be established by the emergency medical services committee or the executive committee of the
parish or component medical society, or its designee, until voice or telemetered electrocardiogram communication can
be established at the earliest possible time.
“(2) Such services may be rendered for the following conditions:
“(a) Cardiac arrest.
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“(b) Hemodynamic compromise due to life-threatening cardiac dysrythmias as defined by current American Heart
Association Advanced Cardiac Life Support guidelines.
“(c) Respiratory failure or respiratory arrest.
“(d) Hypovolemic shock.
“(e) Hypoglycemia.
“(f) Active seizure.
“(g) Severe unrelieved chest pain.
“E. The Department of Health and Hospitals shall promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for the administration of early defibrillation by the use of automated cardiac defibrillation. The rules shall regulate all aspects of early defibrillation including but not limited to curricula standards,
certification, reciprocity, student eligibility criteria, instructor criteria, practice criteria, quality assurance, and documentation. The department shall provide for publication of these rules not later than September 20, 1990, and an
effective date not later than December 30, 1990.”
Acts 1997, No. 913, § 2 rewrote the section heading and subsecs. A to D and F, which had read:
“1234. Duties of certified emergency medical technicians and first responders
“A. Notwithstanding any other provisions of the law, a certified emergency medical technician--basic may perform
any of the following functions:
“(1) Rescue, first aid, and resuscitation services, including but not limited to the application of bandages, splinting
devices, traction devices, and pneumatic antishock garments.
“(2) Cardiopulmonary resuscitation.
“(3) Assist in childbirth.
“(4) Administration of automated cardiac defibrillation after successfully completing an initial training and certification program for emergency medical technicians defibrillation which is consistent with the standards for emergency
medical technician defibrillation, as developed by the Emergency Medical Services Advisory Council, Department of
Health and Hospitals and approved by the secretary of the Department of Health and Hospitals in accordance with a
protocol which shall be established by the emergency medical services committee or the executive committee of the
parish or component medical society or its designee.
“(5) The functions of a certified emergency medical technician-intermediate, as listed in Subsection B, only during
training for certification at the intermediate level or the functions of a certified emergency medical technician-paramedic, as listed in Subsection C, only during training for certification at the intermediate level or paramedic
level and while under the direct supervision of a physician, registered nurse, certified emergency technician-paramedic, or other approved preceptor.
“B. Notwithstanding any other provisions of law, a certified emergency medical technician-intermediate may perform
any of the following functions:
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“(1) Any of the functions listed in Subsection A of this Section.
“(2) While caring for patients in a participating hospital under the direct supervision of a physician, or while at the
scene of a medical emergency where voice contact or a telemetered electrocardiogram is monitored by a physician and
where direct communication is maintained, upon order of such physician:
“(a) Administer intravenous saline, glucose, or volume expanding agents or solutions.
“(b) Perform pulmonary ventilation by use of esophaegeal obturator airway.
“(c) Administration of automated cardiac defibrillation after successfully completing an initial training and certification program for emergency medical technicians defibrillation as developed by the National Council for State
Emergency Medical Services Training Coordinators and approved by the secretary of the Department of Health and
Hospitals, in accordance with a protocol which shall be established by the emergency medical services committee or
the executive committee of the parish or component medical society or its designee.
“C. Notwithstanding any other provisions of law, a certified emergency medical technician--paramedic may perform
any of the following functions:
“(1) Any of the functions listed in Subsections A and B of this Section.
“(2) While caring for patients in a participating hospital under the direct supervision of a physician, or while at the
scene of a medical emergency where voice contact or a telemetered electrocardiogram is monitored by a physician and
where direct communication is maintained, upon order of such physician:
“(a) Perform gastric and tracheal suction by intubation.
“(b) Perform pulmonary ventilation by use of esophaegeal airway, esophaegeal intubation, and endotracheal intubation.
“(c) Administer cardiac defibrillation.
“(d) Administer parenterally, orally, endotracheally, intravenously, intramuscularly, subcutaneously, or topically any
of the following classes of drugs:
“(i) Antiarrhythmic agents.
“(ii) Vagalytic agents.
“(iii) Chronotropic agents.
“(iv) Analgesic agents.
“(v) Alkalinizing agents.
“(vi) Vasopressor agents.
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“(vii) Narcotic antagonists.
“(viii) Diuretics.
“(ix) Antisomnolents.
“(x) Ophthalmic agents.
“(xi) Oxytocic agents.
“(xii) Antihistamines.
“(xiii) Bronchodilators.
“(xiv) Emetic.
“(e) Administer other drugs or procedures for which the certified emergency medical technician--paramedic has
received training, certification, and approval by the Board of Medical Examiners which may be deemed necessary by
the ordering physician.
“D. A certified first responder may perform any of the following functions:
“(1) Rescue, first aid, and resuscitation services, including but not limited to the application of bandages, splinting
devices, and patient stabilization.
“(2) Cardiopulmonary resuscitation.
“(3) Assist in childbirth.
“(4) Administration of oxygen.
“(5) Administration of automated cardiac defibrillation after successfully completing an initial training and certification program in the use of an automated external defibrillator (AED) as developed by the American Heart Association
and approved by the Department of Health and Hospitals in accordance with a protocol that shall be established or
approved by the respective emergency medical services committee or the executive committee of the parish or
component medical society, or its designee, and the local physician medical director.”
“F. Providers of emergency medical services, including certified first responders as provided in Subsection D of this
Section, may institute a program for the delivery of automated cardiac defibrillation in the pre-hospital setting subject
to the following provisions:
“(1) Certification shall be given only to those individuals who possess at a minimum a valid Basic Emergency Medical
Technician certificate or who have met the first responder requirements of Paragraph (5) of Subsection D of this
Section.
“(2) All candidates for certification shall complete an initial training and certification program in automatic defibrillation approved by the bureau of emergency medical services. All such programs shall meet the recommendations of
the American Heart Association for training in automatic or automated cardiac defibrillation.
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“(3) The bureau shall approve training programs which meet the following criteria:
“(a) The organization conducting the training program is an emergency services provider with a distinct training
section or a designated training officer or both; or is a recognized training body accredited by the American Heart
Association; or a recognized university or a vocational technical school.
“(b) The course of instruction is in accordance with the recommendations of the American Heart Association for
training in automatic defibrillation.
“(c) Provisions are made for retraining and recertification as recommended by the American Heart Association.
“(d) The bureau is provided a certified list of those individuals successfully completing the initial or recertifying
course.
“(4) Emergency providers allowing the use of the automatic defibrillators shall:
“(a) Have established protocols approved by the respective emergency medical services committee or the executive
committee of the parish or component medical society, or its designee, and the local physician medical director.
“(b) Provide for recertification on a quarterly basis in accordance with the recommendations of the American Heart
Association.
“(c) Keep on file for inspection a quarterly review on a case by case basis of all uses of the device in accordance with
the recommendations of the American Heart Association.
“(5) Certification for emergency medical technician defibrillation by an organization which conducts a training program approved by the bureau shall be considered certification by the bureau of emergency medical services, provided
that the training organization shall forward to the bureau the certified list(s) as required by Subparagraph (3)(d).
“(6) The training organization shall assume the responsibility for certifying its compliance with the recommendations
of the American Heart Association but may be monitored by the bureau of emergency medical services at any time to
ensure compliance.
“(7) Reciprocity from other states for emergency medical technician defibrillation shall not be allowed.
“(8) The bureau of emergency medical services shall review these provisions annually to determine the necessity of
any modifications.
“(9) Appeals for denial of certification of a training program or for other matters may be made to the director of
emergency medical services, but such appeals must be in writing and must clearly state the reason for such appeal.
“(10) Approval of a training program may be withdrawn by the director of the bureau of emergency medical services
for failure to conform with these provisions.”
Acts 1997, No. 913, § 3 repealed a prior subsec. G, which had read:
“G. Any individual, training organization, organization, or other entity violating the provisions of this Section shall be
© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
LSA-R.S. 40:1234
Page 15
guilty of a misdemeanor, conviction of which shall subject the offender to a fine of not less than five hundred dollars
and not more than one thousand dollars for each separate offense.”
Section 4 of Acts 1997, No. 913 provides:
“All duties of certified medical technicians and first responders provided in R.S. 40:1234 and all rules and regulations
adopted by the Louisiana State Board of Medical Examiners relative thereto and currently in effect shall remain in
effect until such time as acted upon by the bureau and the commission.”
Acts 1999, No. 427, § 1 added subsecs. G, H, and I, providing for penalties for violation of the section, approval of
emergency medical service protocol by a parish or multi-parish medical society, and promulgation of rules and regulations, respectively.
Pursuant to the statutory revision authority of the Louisiana State Law Institute, in 2000, “multiparish” was substituted
for “multi-parish” in two instances.
Acts 2001, No. 385, § 1, in par. (A)(1), inserted subpar. (A)(1)(b), and designated existing subpars. (A)(1)(b) and
(A)(1)(c) as subpars. (A)(1)(c) and (A)(1)(d), respectively; in subsec. F, inserted par. (2) and designated the existing
text as par. (F)(1).
LIBRARY REFERENCES
2008 Main Volume
Health
111.
Westlaw Topic No. 198H.
RESEARCH REFERENCES
2010 Electronic Update
Treatises and Practice Aids
12 LA Civil Law Treatise § 29:1, Introduction.
12 LA Civil Law Treatise § 15:20, Other Specific Immunities.
UNITED STATES SUPREME COURT
Hospitals and emergency rooms, emergency medical conditions, screening examination, stabilization requirement,
improper motive, see Roberts v. Galen of Virginia, Inc., 1999, 119 S.Ct. 685.
NOTES OF DECISIONS
“911” service 1
Parish medical society 2
Qualified immunity 3
© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
LSA-R.S. 40:1234
Page 16
1. “911” service
There is no state or federal law or regulation requiring “911” centers to give “medical self help”, also known as
“pre-arrival instructions” over the telephone, however, LSA-R.S. 40:1234 does provide for voice contact between
an emergency medical technician and a physician at the scene of a medical emergency. Op.Atty.Gen. No. 93-152, Jan.
7, 1994.
2. Parish medical society
The standing orders and protocols implemented by Fire and Emergency Training Institute's (FETI) medical director,
emergency medical personnel, and all emergency medical services provided are subject to approval of the local parish
medical society. Op.Atty.Gen., No. 04-0025, June 1, 2004.
3. Qualified immunity
Qualified immunity provision was not applicable to emergency medical technician's (EMT's) decision that police
should use handcuffs to restrain violent and abusive epileptic restaurant patron having seizure; patron was having
atypical seizure, so EMT's determination that seizure protocol could not be followed was reasonable, but once EMT
made that determination and satisfied himself that situation, although serious, was not life threatening, he should have
called physician for instructions. Rathey v. Priority EMS, Inc., App. 4 Cir.2005, 894 So.2d 438, 2004-0199 (La.App. 4
Cir. 1/12/05), rehearing denied , writ denied 901 So.2d 1107, 2005-0789 (La. 5/6/05), writ denied 901 So.2d 1108,
2005-0802 (La. 5/6/05). Health
768
LSA-R.S. 40:1234, LA R.S. 40:1234
Current through the 2010 Regular Session
(c) 2011 Thomson Reuters.No Claim to Orig. US Gov. Works.
END OF DOCUMENT
© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.