South Carolina Emergency Scene Management Law on SC Statehouse Website
The text from the SC Statehouse website is reproduced below.
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SOUTH CAROLINA ACT #256
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
56-5-1538 SO AS TO PROVIDE A DEFINITION OF AN EMERGENCY SCENE, TO DEFINE WHO HAS
AUTHORITY TO CONTROL AN EMERGENCY SCENE, AND TO DEFINE THE RESPONSIBILITIES OF
MOTOR VEHICLES PASSING THROUGH AND PEDESTRIANS OBSERVING AN EMERGENCY SCENE.
Be it enacted by the General Assembly of the State of South Carolina:
Emergency Scene Management
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-1538 (A) An emergency scene is a location designated by the
potential need to provide emergency medical care and is identified by emergency
vehicles with flashing red lights, rescue equipment, or emergency personnel on
the scene.
(B) An emergency scene is a special hazard.
(C) An emergency scene is under the authority of the first arriving emergency personnel, which includes Emergency Medical Services personnel, until the arrival of the fire or law enforcement officials having jurisdiction. All motor vehicles passing through an emergency scene and pedestrians observing an emergency scene must obey and not interfere with the duties of emergency personnel. Motor vehicles and bystanders may not block access to or exit from an emergency scene.
(D) The management authority of Emergency Medical Services is limited to managing patient care and further injury to the patients and on scene personnel. This authority may be delegated by emergency personnel to provide an adequate level of safety.
(E) A paid or volunteer worker at an emergency scene has proper authority to be at and control the scene in a manner consistant with his training."
Enacted by SC Governor David Beasley on 1 April, 1996
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The following information is excerpted from the excellent resource site maintained by James D. Garcia, the motivating factor behind this law, at SC Scene Authority Law. The history of why he worked so hard for this is also explained there. Additional explanations, as well as proposed additions to the law can be found on that site. He can be contacted directly at James D. Garcia.
Following is from the "Line Item References and Justification", which was used during the law's journey through the SC General Assembly to explain where the law came from, how it would apply, and certain clarifications and exclusions.
(A) AN EMERGENCY SCENE IS A LOCATION DESIGNATED BY.....
SC 6-11-1410, the "Emergency Powers Act", is a law written to protect
firefighters at a fire scene. This law is restricted to fires, and gives no
definition for an emergency. Prior to #256, there had been no actual definition
of an emergency scene in SC law. SC 56-5-760, "Operations of Authorized
Emergency Vehicles," which requires that vehicles pull to the right when
approached by an emergency vehicle with lights and sirens, ONLY applies when the
emergency vehicle is in motion en-route to a call. Once the emergency vehicle
arrived at the scene, it had no legal protection or authorization except in
regard to parking irrespective of traffic regulations.
....THE POTENTIAL NEED TO PROVIDE EMERGENCY MEDICAL CARE.....
This potential need is determined by the senior EMS crew member or dispatcher.
The phrase "potential need" is crucial to the intent of the law: if
they determine that there is no actual or potential need for medical care, the
EMS unit may be clear to leave the scene to respond to other calls. This helps
limit EMS authority to medical and safety situations at emergency scenes,
leaving traffic control or fire suppression to appropriate agencies once they
arrive.
...... AND IS IDENTIFIED BY EMERGENCY VEHICLES WITH FLASHING RED LIGHTS,
RESCUE EQUIPMENT, OR EMERGENCY PERSONNEL ON THE SCENE.
SC 56-5-2260 and 56-5-760 identify audible and visual signals to designate an
approaching emergency vehicle. This provides a similar standard for those
vehicles and personnel once they arrive at their destination. Any emergency
vehicle is now given the same recognition while at a scene that it has while in
motion. This also indicates that the presence of an emergency vehicle, equipment
OR personnel (such as first responders) are indication enough that approaching
vehicles need to use additional caution.
(B) AN EMERGENCY SCENE IS A SPECIAL HAZARD.
This is a legal and technical term necessary to indicate the need for increased
awareness and responsibility. Drawn from SC 56-5-1520 "General Rules as to
Maximum Speed Limits," which states "(a) No person shall drive a
vehicle on a highway at a speed greater than is reasonable and prudent under the
conditions and having regard to the actual and potential hazards then
existing....(b) Maximum Speed Limits. Except when a special hazard exists that
requires lower speed for compliance with paragraph (a)..., (c) When lower speeds
required... the driver of every vehicle shall...drive at an appropriate reduced
speed when approaching and crossing an intersection or railway grade crossing,
when approaching and going around a curve, approaching a hillcrest, when
traveling upon ant narrow bridge or winding roadway, and when SPECIAL HAZARD
exists with respect to pedestrians or other traffic or by reason of weather or
highway condition."
The first draft of this law had a section stating that a driver "must use
caution and drive at a reasonable speed to properly control his vehicle" at
an emergency scene. It included a fine of $200-$500 and up to 30 days in jail.
That appeared very threatening to some agencies, and could have been misread to
imply that EMS would be handing out tickets and fines. That concern would have
prevented it from passing, and was removed during an amendment rewrite. So how
can we MAKE these drivers slow down, and shift the responsibility of safe
driving to them, and not burden EMS with additional duties such as waving flags
and flares and putting up big signs at every wreck saying "HEY! LOOK OUT!
DON'T RUN OVER THE EMT!"? Several months of digging uncovered the phrase
"Special Hazard" in relation to "Too Fast For Conditions",
which would make it the driver's job to slow down, be aware and use additional
caution at an emergency scene. Therefore, a police officer now has a specific
reference and clear guidelines allowing him to ticket a violator. On its
passing, this law was attached to the "Too Fast For Conditions"
section of the code, and includes points and a fine.
(C) AN EMERGENCY SCENE IS UNDER THE CONTROL OF THE FIRST ARRIVING EMERGENCY
PERSONNEL, WHICH INCLUDES EMERGENCY MEDICAL SERVICES PERSONNEL...
This line, similar to the Emergency Powers Act, gives EMS workers the ability to
manage an emergency scene when they are the only agency at the scene. This is a
routine occurrence, and there is often a significant delay in police or fire back
up. This law does not take away any of the authority from police or fire
agencies. It merely allows EMS to also act as an official agency on the scene.
This implied authority had always been assumed, but has now been legalized to
protect us in our routine duties.
...UNTIL THE ARRIVAL OF THE FIRE OR LAW ENFORCEMENT OFFICIALS HAVING
JURISDICTION.
All Public Safety agencies seem to be concerned with who is in control of a
scene. EMS does not want to assume any other agency's duties or authority. This
line clearly answers any doubts as to who is in charge: immediately upon their
arrival, police and fire units are solely and completely in charge. Once a scene
is secured, EMS is concerned exclusively with patient care and transport. This
line was written specifically at the request of the SC Fire Fighters Association
and SC Law Enforcement Officers Association.
ALL VEHICLES PASSING THROUGH AN EMERGENCY SCENE AND PEDESTRIANS OBSERVING AN
EMERGENCY SCENE MUST OBEY AND NOT INTERFERE WITH THE DUTIES OF EMERGENCY
PERSONNEL. MOTOR VEHICLES AND BYSTANDERS MAY NOT BLOCK ACCESS TO OR EXIT FROM AN
EMERGENCY SCENE.
SC 6-11-1420, "Operations at a Fire," states "The fire authority
having jurisdiction may prohibit any person, vehicle, vessel or object from
approaching the scene and may remove or cause to be removed or kept away from
the scene any person, vehicle, vessel or object which may impede or interfere
with the operations of the fire authority having jurisdiction." We needed
something similar for EMS.
This line provides the same protection and scene access to all emergency workers
in a more limited and specific scope, in accordance with the differing needs of
EMS. EMS vehicles require rapid access to and exit from scenes, and need to
perform their duties without interference. If EMS workers have determined the
potential need for care, we need unimpeded access to the injured person until we
can determine if they need definitive medical treatment.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Many states have recently passed laws regarding interfering with EMS workers
(some have even made assaulting an EMS worker a major felony. Great idea, but
too late to amend to this law this year). This law is generally directed to
accidents, but it is no way limited exclusively to them. At the discretion of
local law enforcement, this section DOES address interference and may be used as
a basis for further legal action. SC is currently considering a bill regarding
assaults on health care workers, but until then, this law may be effective for
EMS in the field.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(D) THE MANAGEMENT AUTHORITY OF EMERGENCY MEDICAL SERVICES IS LIMITED TO
MANAGING PATIENT CARE AND PREVENTING FURTHER INJURY TO THE PATIENTS AND ON SCENE
PERSONNEL. THIS AUTHORITY MAY BE DELEGATED BY EMERGENCY PERSONNEL TO PROVIDE AN
ADEQUATE LEVEL OF SAFETY.
This law was not designed to add additional authority or increased liability to
EMS workers. When we arrive at an emergency scene, our first standard of
practice is scene safety and security, even before we initiate patient care. We
need to recognize the potential for "authority overlap" and prevent
misunderstanding as to what our exact role may include. But we also need to be
able to take necessary steps to protect ourselves and our patients, which MAY
include traffic flow control.
Most EMS units have two crew members. This is often not enough manpower to
control multi-patient or large scenes. In a mass casualty situation, the first
arriving crew must initiate an Incident Command Station, and direct the efforts
of arriving units. EMS also frequently relies on the skills of First Responders,
Rescue Squads, First Aid caregivers and other volunteers at difficult scenes.
These personnel also need, and are now provided, protection and legitimacy at
the scene. Their scene authority will also revert to police or fire units
immediately upon their arrival.
(E) A PAID OR VOLUNTEER WORKER AT AN EMERGENCY SCENE HAS PROPER AUTHORITY TO
BE AT AND CONTROL A SCENE IN A MANNER CONSISTANT WITH HIS TRAINING.
This, along with (D), are considered "limiting definitions", to
provide protection to on-duty EMS workers and off-duty volunteers. As EMS
workers, we have a legal obligation to provide medical care at emergency scenes
even while off-duty. If we happen upon a wreck or any person requiring medical
care, we are legally responsible for them once we identify ourselves and
initiate care. This paragraph is meant to protect us in these situations where
we are called upon by our "Duty To Act". Many people are not aware
that the "Good Samaritan" laws only protect us against liability from
the injured party, and do not address your rights or capacity on a scene.
The "Emergency Powers Act" for fires scenes states "The fire
authority ....have the power and authority to to direct such operations as may
be necessary to extinguish the fire... and of taking any other action necessary
in the reasonable performance of their duties". This wording may be too
liberal for EMS situations. EMS authority is limited as stated to medical care
and scene safety to avoid any concerns about EMS overstepping their abilities.
We respond and perform according to our training and our current standards to
provide for patient and crew safety.
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Please go to SC Scene
Authority Law for a detailed history of the reason behind this law, as
well as updates to the information contained here.