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305 – Refusal of Care-Against Medical Advice

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Nor-Cal EMS Policy & Procedure Manual<br />

MISCELLANEOUS POLICIES MODULE<br />

<strong>305</strong> <strong>–</strong> <strong>Refusal</strong> <strong>of</strong> <strong>Care</strong>-<strong>Against</strong> <strong>Medical</strong> <strong>Advice</strong><br />

PURPOSE:<br />

To provide guidance for the EMS provider whose advice to an individual is to be treated and/or<br />

transported and is being refused.<br />

DEFINITION:<br />

1. AMA: A term used to designate “<strong>Against</strong> <strong>Medical</strong> <strong>Advice</strong>."<br />

2. Consent: Is defined as the agreement and acceptance as to opinion or course <strong>of</strong> action.<br />

3. Emergency: Unforeseen conditions <strong>of</strong> pathophysiological nature which a prudent layperson,<br />

possessing an average knowledge <strong>of</strong> health and medicine, would determine urgent and unscheduled<br />

medical attention.<br />

4. Mental Competence (Decision Making Capacity):<br />

a. An individual is mentally competent if he/she:<br />

i. Is capable <strong>of</strong> understanding the nature and consequences <strong>of</strong> the proposed treatment and/or<br />

refusal.<br />

ii. Has sufficient emotional control, judgment and discretion to manage his/her own affairs.<br />

iii. Has an understanding <strong>of</strong> what may possibly happen if treated or not treated, and is oriented<br />

to person, place, time and situation (A & O X4).<br />

POLICY:<br />

1. <strong>Against</strong> <strong>Medical</strong> <strong>Advice</strong> (AMA) shall be initiated whenever the highest medical authority on scene<br />

determines that a person would benefit from assessment, treatment and/or transport and that person<br />

refuses.<br />

2. Transport <strong>of</strong> an individual to an authorized Receiving Facility (RF) capable <strong>of</strong> treating the individual is<br />

one <strong>of</strong> the principles on which EMS is based. Recognizing that the decision to be transported by a<br />

provider agency is solely the responsibility <strong>of</strong> the patient, a process should be in place to document<br />

such “refusal <strong>of</strong> care”.<br />

3. If a patient refuses treatment or any part <strong>of</strong> a recommended procedure, the provider shall document,<br />

in writing, the patient’s refusal. See Policy #<strong>305</strong>A, AMA Checklist.<br />

4. A provider may utilize their own policy and AMA checklist if it meets the minimum requirements <strong>of</strong> this<br />

policy and is approved by the base hospital <strong>Medical</strong> Director and the Nor-Cal EMS <strong>Medical</strong> Director.<br />

PROCEDURE:<br />

1. Consent:<br />

a. Obtaining consent should not delay life or limb saving treatment.<br />

b. An individual has the ability to consent to or refuse treatment. If he/she is unable to do so,<br />

consent to treat is then implied.<br />

c. In non-emergency cases, informed consent should be obtained from the individual.<br />

d. For treatment <strong>of</strong> minors, refer to Policy #304 <strong>Care</strong> <strong>of</strong> Minors in the Field located in the<br />

Miscellaneous Policies Module.<br />

e. If a patient is refusing care and wants to AMA, the prehospital provider shall ensure the items in<br />

the AMA Checklist (see Appendix A) has been reviewed, prior to the patient signing the AMA.<br />

2. Establish mental competence.<br />

a. An individual is NOT mentally competent if he/she has an altered level <strong>of</strong> consciousness. See<br />

item #1 <strong>of</strong> AMA Checklist, Policy #<strong>305</strong>A.<br />

b. If an individual is not deemed mentally competent and is refusing treatment and/or transport to a<br />

medical facility, law enforcement must be included in this course <strong>of</strong> action.<br />

3. The provider agency will audit 100% <strong>of</strong> all <strong>Refusal</strong> <strong>of</strong> <strong>Care</strong> - AMA calls for appropriateness and<br />

compliance with Nor-Cal EMS Policies and Procedures.<br />

DOCUMENTATION OF REFUSAL OF CARE:<br />

1. If in the opinion <strong>of</strong> the care provider, the patient should be treated and/or transported, and is still<br />

refusing, the base hospital shall be contacted and given a report. If communications failure exists,<br />

this report shall be called to the base hospital once communication has been established.<br />

Originated: January 1, 2000 Last Revision: May 29, 2012 Page: 1 <strong>of</strong> 2


MISCELLANEOUS POLICIES MODULE <strong>Refusal</strong> <strong>of</strong> <strong>Care</strong>-<strong>Against</strong> <strong>Medical</strong> <strong>Advice</strong> # <strong>305</strong><br />

2. The following shall be carefully documented on the patient care report:<br />

a. History <strong>of</strong> the incident, to include the mechanism <strong>of</strong> injury and time incident occurred.<br />

b. Patient’s chief complaint or concern if called by someone else.<br />

c. Past medical history; meds, allergies, and primary caregiver.<br />

d. Physical exam or any portion <strong>of</strong> it that was performed, including level <strong>of</strong> consciousness.<br />

e. Any medical treatment given. Any medical treatment/evaluation needed and refused.<br />

f. The need for transport by an ambulance. Also if transport by means other than an ambulance<br />

could be hazardous due to the individual’s injury or illness.<br />

g. Time the base hospital contact was made and name <strong>of</strong> person receiving the report.<br />

3. Patient provided with a <strong>Refusal</strong> <strong>of</strong> <strong>Care</strong> (AMA) Information Sheet (see Appendix B). Once patient<br />

signs the form have a witness also sign the form. If the patient refuses to sign the form, document<br />

that refusal in your comments in the patient care record and have a witness also sign the form.<br />

Originated: January 1, 2000 Last Revision: May 29, 2012 Page: 2 <strong>of</strong> 2

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