#GMVEMSC: FW: Restraint of Pregnant Adults and Children by Law Enforcement Personnel

 

In case any EMS agencies are contacted by Law Enforcement regarding this issue, please see the information below from the State EMS Medical Director.  This issue has also been reviewed by GMVEMSC Legislative Committee, and by our region’s RPAB.  RPAB’s statement was, “New regulations regarding the law-enforcement restraint and confinement of pregnant or recently pregnant offenders has become law in Ohio. It requires law enforcement to contact a pregnant female’s “healthcare provider” prior to such actions as defined by the ORC/OAC. The current consensus is that this definition does not apply to EMS providers. This applies throughout all 40 weeks of pregnancy and for several weeks postpartum. The Region 3 RPAB was unanimous in concluding that EMS personnel should not provide clearance for the restraint or confinement of pregnant females, nor should they make assessments regarding the status of a pregnancy for these purposes as this is not consistent with EMS training and practice." 

 

ohio department of public safety - safety, service, protection

OHIO EMERGENCY MEDICAL SERVICES

Ohio Emergency Medical Services

Robert L. Wagoner, Executive Director

www.ems.ohio.gov

 

 

DPS

EMS

 

Mike DeWine, Governor

Thomas J. Stickrath, Director

 

Jon Husted, Lt. Governor

Robert L. Wagoner, Executive Director

 

 

To: 

Ohio EMS providers, EMS agencies, and EMS medical directors

From: 

Carol A. Cunningham, M.D. FAAEM, FAEMS

 

State Medical Director

Date: 

April 30,2021

RE:

Restraint of Pregnant Adults and Children by Law Enforcement Personnel

For informational purposes, I want to make you aware of two laws for law enforcement personnel that went into effect on April 12, 2021. Ohio Revised Code 2901.10 and Ohio Revised Code 2152.75 address the restraint of pregnant adults and children, respectively, by law enforcement personnel. These laws require law enforcement personnel to contact the healthcare provider prior to applying physical restraints to a pregnant adult or a pregnant child.

In the interest of clarity, it is important to inform all parties that these laws do not apply to certified Ohio EMS providers. Specifically, please note the following:

1. Certified Ohio EMS providers should be dispatched to respond to patients experiencing medical emergencies with the primary intent of transport to a healthcare facility. EMS personnel should not be dispatched by law enforcement personnel or other parties to restrain a person, physically or pharmacologically, for the sole purpose of facilitating an arrest or transport to a non-medical facility.

2. The “healthcare provider” cited in these two laws is defined in Ohio Revised Code (ORC) 2108.61 as physicians, registered nurses, certified nurse-midwives, or physician assistants. Certified Ohio EMS providers are not included, and therefore cannot serve as the point of contact for law enforcement personnel as required by ORC 2901.10 and ORC 2152.75.

3. These two laws do not diminish or revoke the authority of the EMS medical director to provide written protocols for physical management of pregnant persons by certified Ohio EMS providers, particularly within the scenario of a violent or uncooperative patient.

Thank you for your dedicated service to your patients and to Ohio EMS!

 

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