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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