I recently went on vacation & was on an airplane. A person on the plane had a seizure & then went into full arrest. There was another RN on the plane with me. We are both ER nurses & ALCS certified. We used a BVM & an AED. We started an IV and gave epi. All supplies were from the plane. My license is in California. We Diverted to Nevada.
Looking back I wonder if I was covered under the good Samaritans law or did I practice outside my state & scope of practice. Technically, although we left California we landed in Nevada so I wasn't in my state. Also, there was no doctor on the flight who gave the epi order.
Former Legal Nurse Consultant here, and here's my analysis:
Good Samaritan laws won't protect you from having someone prevail against you in a suit if you do something you aren't competent and/or certified to do. That would be acting with gross negligence or willful misconduct†which is specifically disallowed in the Good Samaritan law. However, if you are for example trained to run a code and you step up and do so at 30,000 feet to the best of your ability, the chance of your being successfully sued if the outcome is poor is astronomically low and if it happened any five dollar lawyer could get it overturned on appeal. The law doesn't prevent you from being the subject of legal action, it just disallows any damages to you as a result.
Think it through. The big deal about giving a med or doing a procedure without an order is because an RNs training and licensure doesn't qualify him or her nurse to diagnose and prescribe. It isn't the giving of that un-ordered Tylenol, it's the potential outcome that's the issue. In the clinical setting, doing so opens up huge liability. The Good Samaritan law removes that liability by specifically exempting you from damages brought in a Federal or State court – as long as you knew what you were doing when you treated the person.
To the OP, your BON *could* have also found you outside your scope and disciplined you if you did something you weren't trained and competent to do. But if you were trying to run a code and push meds and you only had BLS for example, your BON would be the least of your worries if the outcome was poor. As far as practicing outside your state, in most situations if you were found practicing in a state you weren't licensed in, you could be prosecuted in court. But again, in an emergency the Good Samaritan laws prevent any damages to you in court.
ETA: Ermagerd! How could I forget? Most jurisdictions define scope of practice as a range of activities performed for compensation of some kind. Volunteer or Good Samaritan activities by definition are excluded.
I recently went on vacation & was on an airplane. A person on the plane had a seizure & then went into full arrest. There was another RN on the plane with me. We are both ER nurses & ALCS certified. We used a BVM & an AED. We started an IV and gave epi. All supplies were from the plane. My license is in California. We Diverted to Nevada.
Looking back I wonder if I was covered under the good Samaritans law or did I practice outside my state & scope of practice. Technically, although we left California we landed in Nevada so I wasn't in my state. Also, there was no doctor on the flight who gave the epi order.
What are your thoughts?
ER RN
In ACLS class today they taught us that as ACLS certified Registered Nurses we not only DO NOT need a physician order to administer ACLS medications within the guidelines of the algorithms. Our licenses could be in jeopardy if we ended up in court and it was admitted that we had the ACLS certification and did not follow the algorithms guidelines in administering the ACLS medications.
I mentioned this conversation and the instructors unanimously stated they would administer the medications.
Former Legal Nurse Consultant here, and here's my analysis:
Good Samaritan laws won't protect you from having someone prevail against you in a suit if you do something you aren't competent and/or certified to do. That would be acting with gross negligence or willful misconduct†which is specifically disallowed in the Good Samaritan law. However, if you are for example trained to run a code and you step up and do so at 30,000 feet to the best of your ability, the chance of your being successfully sued if the outcome is poor is astronomically low and if it happened any five dollar lawyer could get it overturned on appeal. The law doesn't prevent you from being the subject of legal action, it just disallows any damages to you as a result.
Think it through. The big deal about giving a med or doing a procedure without an order is because an RNs training and licensure doesn't qualify him or her nurse to diagnose and prescribe. It isn't the giving of that un-ordered Tylenol, it's the potential outcome that's the issue. In the clinical setting, doing so opens up huge liability. The Good Samaritan law removes that liability by specifically exempting you from damages brought in a Federal or State court – as long as you knew what you were doing when you treated the person.
To the OP, your BON *could* have also found you outside your scope and disciplined you if you did something you weren't trained and competent to do. But if you were trying to run a code and push meds and you only had BLS for example, your BON would be the least of your worries if the outcome was poor. As far as practicing outside your state, in most situations if you were found practicing in a state you weren't licensed in, you could be prosecuted in court. But again, in an emergency the Good Samaritan laws prevent any damages to you in court.
ETA: Ermagerd! How could I forget? Most jurisdictions define scope of practice as a range of activities performed for compensation of some kind. Volunteer or Good Samaritan activities by definition are excluded.
Really people, I'm not that obtuse and I would never let another human being die without rendering the highest level of care that I can provide I just think it would be nice to know without a doubt that I'm not going to get skinned in the process. But not knowing would not stop me from doing the right thing.
LNC here, former ICU clin spec. Katillac beat me to the punch--
GSA applies for anybody not exceeding their experience and training AND not getting paid.
You know in situations such as that if you are trained, it is rather hard to sit there and worry about doc order. You do what you need to and I find it hard to believe anyone would fault you. You could have done nothing, would you feel better?
You know in situations such as that if you are trained, it is rather hard to sit there and worry about doc order. You do what you need to and I find it hard to believe anyone would fault you. You could have done nothing, would you feel better?
Specializes in Med-Surg; Infectious Diseases; Research.
If you're still worried, then you may want to check out a company called RN Guardian. They are based in CA. They have a customer service number you can contact and they will be able to answer your question.
I was a flight attendant for a major airline for seventeen years and am now a nursing student. Each plane has a fully stocked medical kit available that can be accessed by a doctor, RN, or EMT/paramedic. Flight attendants are only trained in CPR, use of the ambu bag, and AED.
When we would page for help and a medical professional comes forward and can prove credentials, he or she can use whatever is in the kit to keep the passenger alive. The pilots are in constant contact with a ground crew. As far as scope of practice, IF you are capable of performing a task, please do. If not, the request for help is strictly voluntary and you have the right to decline. I do believe you are covered should anything go wrong. Flight attendants are grateful to have anyone come forward but it is not required. I hope that helps.
Katillac, RN
370 Posts
Former Legal Nurse Consultant here, and here's my analysis:
Good Samaritan laws won't protect you from having someone prevail against you in a suit if you do something you aren't competent and/or certified to do. That would be acting with gross negligence or willful misconduct†which is specifically disallowed in the Good Samaritan law. However, if you are for example trained to run a code and you step up and do so at 30,000 feet to the best of your ability, the chance of your being successfully sued if the outcome is poor is astronomically low and if it happened any five dollar lawyer could get it overturned on appeal. The law doesn't prevent you from being the subject of legal action, it just disallows any damages to you as a result.
Think it through. The big deal about giving a med or doing a procedure without an order is because an RNs training and licensure doesn't qualify him or her nurse to diagnose and prescribe. It isn't the giving of that un-ordered Tylenol, it's the potential outcome that's the issue. In the clinical setting, doing so opens up huge liability. The Good Samaritan law removes that liability by specifically exempting you from damages brought in a Federal or State court – as long as you knew what you were doing when you treated the person.
To the OP, your BON *could* have also found you outside your scope and disciplined you if you did something you weren't trained and competent to do. But if you were trying to run a code and push meds and you only had BLS for example, your BON would be the least of your worries if the outcome was poor. As far as practicing outside your state, in most situations if you were found practicing in a state you weren't licensed in, you could be prosecuted in court. But again, in an emergency the Good Samaritan laws prevent any damages to you in court.
ETA: Ermagerd! How could I forget? Most jurisdictions define scope of practice as a range of activities performed for compensation of some kind. Volunteer or Good Samaritan activities by definition are excluded.