Author(s):
Karsten Fehn



Title:
Legitamacy of Controlled Substances Administration by Paramedic Staff on the basis of a Devolvement by the Chief Physician of the Emergency Medical Service in respect of sections 29, 13 German Narcotics Act, sections 5, 1 German Non-Medical Practioners Ac

Abstract:
The devolvement of administering controlled substances (narcotics) by the chief physician of the Emergency Medical Service unto paramedic staff is admissible The administra­tion carried out in conducting this devolvement is not indic­table. However, an administration of controlled substances carried out by the paramedic staff because of an autonomous decision is indictable but could be justified in accordance to section 34 German Criminal Code In addition, the applica­tion of controlled substances meets the objective elements of bodily injury A justification is only possible in case of an informed consent On the other hand, a paramedic can make himself liable to prosecution under certain circum­stances if he violated his guarantor position by not admi­nistering controlled substances From a legal perspective a tele-emergency-physician-system should be established to obtain legal compliance.

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