After a year of digging, I found that EMS workers in SC (and EVERY other state in the US) are legally considered PEDESTRIANS in the roadway, with no rights or authority.There were no official guidelines for accidents and emergencies, or driver's responsibilites at them. There were no legal definitions for emergencies, and EMS had never actually been vested with the authority to perform their required job function. Basically, we had operated on the assumtion that we had badges, uniforms, lights, and worked for Public Safety, so we must have some official legality.
We, as a field, had assumed very wrong. When EMS separated from Police and Fire agencies in the 70's and 80's, no one bothered to officially take our legal status with us. Unfortunately, it took nearly getting killed for anyone to recognize that there was ever a question.
After many road blocks and dead ends, I finally realized the only way to make my job legally recognizeable was to actually WRITE a law.
It took several years, every penny I had ever saved, and every day I had off to lobby to get this law passed. I had been permanantly disabled by the accident, and had to relocate and go into interfacility transport due to my injuries. After two years and the last of my resources and patience, the law finally passed.
I will frequently be adding more info about the law, it's intent and application, and its effect on EMS. Please bookmark this page and check back to see what's been added. Please e-mail me for personal updates or more in-depth information.
Remember- If it's not legal, it's not real. And with such a risky profession, that's not a chance we should have to take. Please don't assume that because your state has a great EMS system that you are protected on the job. Ask DOT, NHTSA, Civil Defense (NCCEM), and the National State EMS Director's Association. This is real. And it's up to us to fix it, one state at a time.
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South Carolina EMS Scene Authority Law
The SC EMS Scene Management Authority Act, signed into law April 1, 1996, allows S.C. EMS workers to manage, control, direct and perform their duties at emergencies. It is frequently refered to in SC as "The Garcia Bill". This page tells about the law, how it was written, what it means for EMS in SC, and how to work towards similar legislation in your area.
Last Updated 5/6/97
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SOUTH CAROLINA ACT #256
AN ACT TO AMMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO PROVIDE A DEFINITION OF AN EMERGENCY SCENE, TO DEFINE WHO HAS AUTHORITY TO CONTROL AN EMERGENCY SCENE, AND TO DEFINE THE RESPONSIBILITIES OF MOTOR VEHICLES PASSING THROUGH AND PEDESTRIANS OBSERVING AN EMERGENCY SCENE.
Be it enacted by the General Assembly of the State of South Carolina:
Emergency Scene Management
SECTION 1. The 1976 Code is ammended by adding:
"Section 56-5-1538 (A) An emergency scene is a location designated by the potential need to provide emergency medical care and is identified by emergency vehicles with flashing red lights, rescue equipment, or emergency personnel on the scene.
(B) An emergency scene is a special hazard.
(C) An emergency scene is under the authority of the first arriving emergency personnel, which includes Emergency Medical Services personnel, until the arrival of the fire or law enforcement officials having jurisdiction. All motor vehicles passing through an emergency scene and pedestrians observing an emergency scene must obey and not interfere with the duties of emergency personnel. Motor vehicles and bystanders may not block access to or exit from an emergency scene.
(D) The management authority of Emergency Medical Services is limited to managing patient care and further injury to the patients and on scene personnel. This authority may be delegated by emergency personnel to provide an adaquate level of safety.
(E) A paid or volunteer worker at an emergency scene has proper authority to be at and control the scene in a manner consistant with his training."
Enacted by SC Governor David Beasley on 1 April, 1996
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See page 2 for the rest of my original page