EMT EMT Legal and Ethical Issues 2 — Questions and Answers
Question 1: HIPAA regulations require EMTs to:
- Protect the privacy of patient health information (Correct answer)
- Share all patient data with law enforcement on request
- Document every call in a public registry
- Inform the media of mass casualty events
Correct answer: Protect the privacy of patient health information
HIPAA (Health Insurance Portability and Accountability Act) mandates that protected health information be kept confidential and only shared on a need-to-know basis.
Question 2: Good Samaritan laws generally protect:
- Off-duty rescuers who act in good faith without expecting payment (Correct answer)
- On-duty EMTs from all liability
- EMS agencies from negligence lawsuits
- EMTs who violate protocols
Correct answer: Off-duty rescuers who act in good faith without expecting payment
Good Samaritan laws offer limited liability protection to bystanders and off-duty medical personnel who voluntarily assist in an emergency without expectation of compensation.
Question 3: Expressed consent must include all of the following EXCEPT:
- The patient's agreement to pay for services (Correct answer)
- Information about the procedure
- The patient's capacity to understand
- Voluntarily given agreement
Correct answer: The patient's agreement to pay for services
Expressed (informed) consent requires disclosure of information, patient capacity, and a voluntary decision — payment agreement is not a component.
Question 4: Which condition must be met for a patient's refusal of care to be legally valid?
- The patient must be alert and oriented and demonstrate decision-making capacity (Correct answer)
- The patient must sign a refusal form regardless of mental status
- A family member must agree with the refusal
- Medical direction must approve the refusal
Correct answer: The patient must be alert and oriented and demonstrate decision-making capacity
A valid refusal requires the patient to have decision-making capacity — they must understand the situation, the risks of refusing, and be free from impairment.
Question 5: Which of the following is an example of assault in the EMS context?
- Threatening a patient that you will restrain them if they do not comply (Correct answer)
- Performing CPR on an unconscious patient
- Assisting a patient with their prescribed medication
- Documenting inaccurate information in a PCR
Correct answer: Threatening a patient that you will restrain them if they do not comply
Assault is placing a person in reasonable fear of immediate bodily harm — a threat of restraint without legal justification qualifies.
Question 6: EMTs are mandatory reporters for:
- Suspected child abuse or neglect (Correct answer)
- Any mental health diagnosis
- All traumatic injuries regardless of cause
- Patients who refuse transport
Correct answer: Suspected child abuse or neglect
EMTs are mandated by law in all US states to report suspected child abuse or neglect to the appropriate authorities.
EMT EMT Legal and Ethical Issues 2
HIPAA regulations require EMTs to: