Direct Support Professionals are service providers. Thus, they are required to meet the standard of care for those they support. Understanding the Good Samaritan Laws are vitally important for anyone providing CPR or First Aid care. By the nature of their job, a DSP is required to have training in CPR and First Aid. This requirement exists in practically each of the United States of America. As a qualified provider, it is the expectation and requirement that a DSP will perform potentially life-saving techniques upon a person if needed, as part of the caregiver relationship. Outside of employment, a DSP has no have a duty to act.
The Good Samaritan Laws are based on the biblical parable told by Jesus Christ in the gospel of Luke in the Christian Bible. The parable explains that the man was beaten severely and left for dead in a ditch. It is believed that the man was of Jewish belief. In this period, people had very little tolerance of other faiths or religions. As a result, various people including a priest, past the man by without assistance simply because of their disdain for his beliefs. Finally, a Samaritan approached and came to the man's aid. The Samaritan's, usually, had a great hatred for people of the Jewish faith. But this Samaritan did not see the man by his faith; he looked upon him as a fellow human and provided the care that he needed. This notion became ingrained in english common law and has since been the basis of the good Samaritan laws.
It is important to note that the Good Samaritan Law's will not protect a CPR and First aid provider from liability in all situations. While all states have a version of these rules, it is recommended that you understand the laws of your state. In general, the laws will not protect one who practices beyond their scope of training. Care must be performed in good faith and not to receive a monetary reward. A qualified provider should make it know that they are indeed trained to help and gain consent from the person requiring care. If the person in unconscious seek approval from the guardian or parent, if a standing order is not already present. If a person is alone and consent is impossible, the provider would use implied consent. Implied consent is the concept that any reasonably intelligent person would want your life-saving assistance.
A person is allowed to refuse care. CPR and First aid providers should not force care upon someone unless there is a legal obligation otherwise. Forced care upon a reasonable responsive person could result in charges against you for assault. It is important to know that we are in a litigious society. Anyone can file a charge and bring a liability lawsuit. It is also important to note that there has not been a successful lawsuit in the United States were a provider performed as trained, yet found guilty and charged with personal liability.
Bobby Harris is a driven, experienced and knowledgeable professional within areas such as healthcare, childhood education, abuse intervention and crisis prevention; organizational leadership and developmental Disabilities /developmental Disabilities.
Bobby managed to earn his bachelors degree in social work,as well as his masters of science in health care administration; while boasting a professional curriculum within the health and human services branches dating back to the mid 90s!
On the premises of such an extensive background, Bobby is keen on sharing his wealth of insights, skills, tools, tips and consideration through his inspired and reader-friendly articles appearing in various publication, as well as on his own imprint, “Direct Support Solutions”