Licensed Texas attorney. Licensed Texas paramedic. Unlicensed BBQ critic.

Licensed Texas attorney. Licensed Texas paramedic. Unlicensed BBQ critic. And yes, I went to law school first. Got to learn how to chase the ambulance before you can drive it. Politically incorrect infidel who's very conservative. . Oh, and also a big fan of country music, firearms, and, as of late, cars.

What’s wrong with National Registry.

I spent most of Saturday morning doing skills testing at Rice University in Houston for their Advanced EMT students.  For those of you who don't know, Rice is a private university in Houston that routinely competes with the Ivy League.  It also has its own student-run EMS first responder organization.

I was tasked with testing the students on the medical assessment skills station.  I'll respect the NREMT process and rules and omit describing the scenario other than to say that it was a medical patient with the potential to "crash." You know -- the kind where you can use some clinical judgment on how to treat the patient. 

Here's my problem.  There were 48 possible points available to be awarded for completing the skills station. There's a point awarded for considering spinal immobilization.  Points awarded two different times for checking AVPU.  Points for each question in the SAMPLE and OPQRST mnemonics. But only ONE, YES ONE, f--king point for verbalizing a treatment plan and calling for appropriate interventions. 

And I'd say that 90% of these very smart young people thought that the solution was to use the patient's prescribed medication and that alone.  I think only 2 or 3 mentioned a couple of other medications that an Advanced EMT can use in this particular emergency.    Yet all of them did mention high-flow oxygen via non-rebreather mask.   Not one mentioned capnography.  It was obvious to me that none of them understood the pathophysiology or pharmacology involved with this medical emergency.

EMS education and the National Registry process in particular have turned some of America's brightest youth into mindless automatons parroting the mantras of "BSI and scene safe."

The saddest part is that some of these young people may end up as physicians and medical directors.  I will not be surprised when these aspiring doctors push a "monkey see, monkey do" set of protocols on their medics. What disgusted me is that NREMT doesn't even seem to care if you properly treat your patient or even know what you're assessing so long as you parrot BSI, scene safety, consider c-spine immobilization, and run down the OPQRST and SAMPLE
questions.  Memorization counts and understanding is irrelevant.

None of these kids failed the skills station, but National Registry sure failed these kids and ultimately, their patients.

Having gone through this testing and evaluation process, I am now not surprised that the "best EMS service in Texas" walked my mother to the ambulance after trying to push a refusal on her.

Sorry, I'm just disgusted.

Wonder where cookie-cutter protocols come from?

So many of us in EMS complain about “cookie-cutter” protocols.  You know, the ones that mandate blindly following a flowchart instead of allowing you to use your clinical judgment and knowledge.

Why do we have cookie-cutter protocols and why are these policies rigidly enforced?  Quite simply, your medical director and EMS service often write these protocols for the lowest common denominator.  In other words, there’s a moron (or morons) who likely caused your medical director to write one of those clinical advisory memos.  Or maybe the operations manager sent out an email about some bone-headed move that you didn’t even think was humanly possible.

When you see protocols mandating what equipment you have to bring into each call, it’s because “Whatshisname” didn’t take a cardiac monitor into a chest pain call.  When you see that all patients have to be transported on a stretcher, it’s because “Whatshisname” walked a syncopal patient out to the ambulance.   When you have to call a field supervisor before you can leave a refusal, it’s because “Whatshisname” told someone that their heart attack was indigestion.   Each of these policies take away the clinical judgment of the average EMT or paramedic because someone proved that somehow, in some way, there’s a below average EMT or paramedic who isn’t worthy of complete trust.

“Whatshisname” harms each of us in EMS.  Most patients (and thankfully, it truly is MOST of our patients) rarely call for an ambulance for a medical emergency.  When we show up, we owe it to the public to make sure “Whatshisname” isn’t treating the public.  Sadly, because so many of us in EMS tolerate “Whatshisname,” our management and medical direction have to mitigate for him/her by drafting policies and protocols that take away our ability to utilize our brains or common sense.

The solution is simple — we need to police our own profession.  When you hear about a “Whatshisname,” speak up.  Don’t saddle someone else with “Whatshisname” for a partner.  Your patients and ultimately, our profession, will thank you for it.  Until then, every patient goes on the stretcher,  offer transport to every patient, get two sets of vital signs on every patient, and give the “unconscious, coma, or death” speech to every patient who wants to refuse transport.  Why?  Because “Whatshisname” is still out there.

 

I broke an EMS rule.

One of the old saws of EMS that continually is repeated like a mantra is “GCS less than 8, intubate.”  Much like other EMS myths such as backboarding every patient, withholding pain medications for abdominal pain, and the always popular “treat the patient and not the monitor,” the idea that every patient with altered mental status requires advanced airway management is a complete fallacy.

While I don’t have studies to back my assertion (and really, that’s more the forte and bailiwick of my friend Rogue Medic), I can say that I had a significantly altered patient today who was maintaing their own airway quite well.  In fact, the patient’s patent airway was the best part of her clinical presentation.  And even with a fifty plus minute transport to a comprehensive facility, she continued to breathe well on her own and maintain her own airway.

The Glasgow Coma Scale was originally developed to measure the neurological status of patients with head injuries.   The measurements and decision-making processes associated with treating a head injury are significantly different from treating a patient whose mental status is altered due to a metabolic crisis.  Intubation is as much about maintaining an acid/base balance as it is about maintaining a patent airway.  Waveform capnography is a huge help, but for the metabolic/medical patient, they may well need to be on a  ventilator where settings can be tweaked and adjusted.  In other words, intubating a medical patient may well be a procedure that should wait until lab values are obtained and the patient can go on a ventilator.

It’s way past time to embrace clinical decision making rather than rote memorization of protocols and old wives’ tales passed down from crew to crew.  It’s definitely time to base the paramedic’s identity on knowledge and clinical judgment rather than continually clinging to certain skill sets.  And for the medical patient, I think clinging to the Glasgow Coma Scale to measure the patient’s neurological status is the equivalent of using a screwdriver to put nails in wood.

For your protection. Really.

Earlier this week, I spoke with a colleague who works for a smaller private transfer provider in Houston who is looking at changing jobs.  On a side note, there are over 200 private EMS providers in the Houston area.  These aren’t 911 services, but rather private transfer operations.

My friend told me about the constant pressure from the current employer to chart things “just so” to make it possible for Medicare, Medicaid, or private insurance to reimburse for the transport.  The new company that they interviewed with removed 12-lead EKG cables from their ambulances because “they were tired of them getting lost.”  Additionally, this private service says they don’t do a lot of 12-lead EKGs on “routine” transports.  Additionally, this employer pays medics who have all of their charts completed correctly early.  Medics who don’t have all of their charts in and/or submitted correctly get paid on the “regular” payday instead.

I’ve got two observations from hearing and seeing some of these antics with some (not all, mind you) of the “mom and pop” services out there.   The first is that I could have a very nice standard of living suing several of these companies on billing fraud and violations of employment law, particularly the Fair Labor Standards Act.

However, minions, you’ve probably already figured that out.   Here’s my heretical thought.   Believe it or not, this is a case where bigger is better.  Namely, the large EMS companies (AMR, Acadian, Rural Metro, Paramedics Plus, etc.) can’t get away with some of these shenanigans.  These companies are simply too large, too visible, and too easy of a target to commit blatant violations of law relating to EMS standards, employment law, and billing integrity/compliance.   The potential loss of licenses and/or financial implications would be too large to comprehend.  That’s why these companies have at least some form of a QA/QI program, a (presumably) competent human resources department, a compliance program, and perhaps even in-house counsel.

So, the next time your large employer institutes some seemingly inane policy, there might actually be a reason to their rhyme. The policy might even protect both you and your employer. Even if not, I’ve never heard of an Acadian paycheck bouncing.   That’s more than I can say for more than one of the small transfer services that pop up like pimples on the face of our healthcare system.

Two quick observations….

About EMS legal/political issues.

1) Most EMS legal issues aren’t actually analyzed by an attorney.  Rather, they’re analyzed by a person with no legal training who is making an exceptionally uneducated guess about what they think a lawyer might tell them.  You know, it’d be like the random attorney reading a 12-lead with no education.

2) People seem to think that if a definition in the law is changed to make EMS an “essential, ” “emergency, ” or some other word attached to service, then the “powers that be” will HAVE to fund EMS.  Anytime anyone says that a definitional change to the law will ensure EMS funding, it’s obvious that they don’t understand law, politics, public policy, economics, or the political process.  If you believe a change in law will fund EMS, look at the amount of lawsuits over the equity (actually, the amount) of public school funding.  This kind of simplistic thinking shows why EMS still isn’t invited to the “big kids’ table.”  And EMS’s simplistic fascination with the next big funding bill is shown in the mindless support of the so-called “Field EMS Bill” that NAEMT hawks as a snake-oil panacea to every EMS problem.  After all, we all know that endless streams of Federal money fixes every problem.

Insurance

I renewed my professional liability insurance today.  Is it because I’m scared of being found liable in a lawsuit?  No. As I’ve probably said before, it’s pretty hard to be found liable on a professional liability action in EMS.  Many states have laws that protect EMS providers from liability, especially for volunteer providers.

Immunity from liability and immunity from suit are two different things.  What does that mean?  Immunity from liability means you won’t be held liable for a judgment in most cases.  Immunity from suit means you can’t be sued whatsoever.  Most EMS liability laws provide immunity from judgment, not immunity from suit. In short, it means someone or anyone can always sue you.  For any reason. For no reason.   And most of the time, you’re stuck with the cost, both in time and money, of responding and defending even the most frivolous of lawsuit.

There’s where insurance comes in.   You see, liability insurance (even including your car insurance) comes with something called a “duty to defend.”   In short, that means that if you’re sued for an act that your liability insurance  protects against, you’ve got a lawyer to represent you as well as having an amount of money to pay a court judgment or settle the case.

And depending on the benefits offered by your insurance, you may also be entitled to legal representation in the event that a regulatory/licensing agency takes action against you.  The state will most likely have an attorney involved and it’s in your best interest to have an attorney who’s fully versed in the intricacies of your state’s EMS laws and regulations as well as the administrative procedures and proceedings that the state will follow.

I keep hearing two particular myths or misconceptions about why you don’t need liability insurance.

1) If I have insurance, it makes me more likely to be sued.  Fact is, if there’s a claim, the plaintiffs’ attorneys are going to sue everyone regardless.  Even if not to get your money, they will try to make a deal with someone to testify against someone else.  (Think of how the police are with informants….)  And in these cases, you need both legal representation and possibly money to make the case go away, one way or the other.

2) My company/employer has coverage.  Yes, they probably do, but it’s for their protection.  Your interest and their interest are not always the same, especially for a larger employer.   In the case where EVERYONE gets named as a defendant, people are going to be looking at settling.  If that means selling an employee down the river, you can guarantee that they’ll do that to cut their losses.

 

I may be a lawyer, but I’m not your lawyer, so please don’t take this for legal advice.  Do, however, consider getting your own liability insurance, not just to protect your assets, but to get you legal counsel when you most need it.

What education does.

Here’s the deal.  A bachelor’s degree in EMS is highly unlikely, in and of itself, to produce a new breed of supermedics who are going to suddenly gain the immediate respect of physicians and nurses, become the newest level of mid-level healthcare professionals, and increase both reimbursements and EMS salaries.  So, why push for a bachelor’s degree paramedic?

Here’s why. A college degree is, in our society, the commonly accepted indicator of academic achievement.  Some might even argue that a degree is an indicator of intelligence.  I’d disagree with that, having met a Harvard-educated lawyer who barely understands the law and knowing several borderline geniuses who never did finish college.

To me, a college degree proves maturity and commitment to reaching a goal. It shows dedication and in the case of attending a large state university, the ability to achieve your goals in spite of a gargantuan bureaucracy that often throws roadblocks along the way.  (Try financial aid or registration back in the days before the web was around.  Not fun at all, I tell ya.)

A bachelor’s degree in EMS will probably not cover any additional skills or interventions.  Heck, it probably won’t even add that much theoretical knowledge of medicine.  What it will add above and beyond a certificate or even an associate’s degree is a stronger foundation in general knowledge, written communication, and critical thinking.  When you have to take English, some social sciences, science classes, and maybe even some fine arts, your world expands infinitely beyond merely memorizing a cookbook of treatment options.

If we’re serious about EMS 2.0, 3.0, or whatever reset we’re on this week, let’s swing for the fences.  Paramedics should possess a bachelor’s degree to practice and the only people allowed into a “medic mill” or a certification program should be those who already have a bachelor’s degree.

When paramedicine is no longer merely a skill set and the majority of paramedics can turn out a report that doesn’t read like a junior high text message, we might be able to reach some of the other goals like higher pay and reimbursement models based on treatments, not transports.

Just the thoughts rattling through the mind of (possibly) the most overeducated volunteer paramedic out there.

Not the same thing

I have many friends in the medical field.  Most are in the EMS world, whether paramedics or EMTs.  Several are physicians.  And more than a few are nurses.   What I continue to see are people in EMS thinking that they can easily transition to nursing and nurses who think that EMS providers are “ambulance drivers.”

In my opinion, I think a lot of it stems from ignorance.  Not stupidity.  Ignorance.  As the old saying goes, ignorance can be fixed.  Stupidity is forever.  For me, I first noticed this ignorance during my EMT clinicals and later during my paramedic clinicals.  I vividly remember the labor and delivery nursing staff excluding me from any role whatsoever.  I was told, “All you need to know is to bring them here.”   Sorry, that’s not always an option when my current EMS gig means I’m at least thirty minutes from a hospital.   I also remember an ICU nurse asking me what antibioitics we carry on our ambulance, but then acted surprised that paramedics had protocols (AKA standing orders) for airway management.  The current educational paradigm for both professions means that nursing students don’t get any exposure to the prehospital care setting and that EMS students get plenty of time in the hospital.   And yes, I believe that nurses in the acute care setting (ICU, emergency deparment, etc.) need a couple of shifts on the ambulance as well.

Here’s the thing.  Nursing and EMS do overlap to some extent, but they aren’t the same thing.  EMS providers have a unique skill set in being able (at least in theory) to rapidly assess patients outside of a hospital (or clinic) setting and provide certain immediate interventions.  Nurses have a greater understanding of the disease processes, pharmacology, and the long-term aspects of patient care, but typically act only after receiving orders from a physician.  In other words, a paramedic/RN combo could enhance one’s practice in either direction.

In fact, I’d assert that a paramedic with nursing knowledge might be the perfect candidate for community paramedicine roles that involve less urgent or chronic conditions.   And similarly, a RN with paramedic knowledge would be perfect for the current trend of in-hospital “rapid response teams” that assess and intervene with patients before they crash.

Let’s quit trying to find shortcuts for paramedics to become nurses and for nurses to become paramedics and start recognizing that the two professions complement each other rather than being a total overlap.

About unions

Most of y’all who know me in real life know me to be somewhere right of center, somewhere around the level of being a practical minded libertarian on most issues and a raging hawk on foreign policy and national security.   So, this may come as a surprise to you.   I think unions are a necessary check and balance in the workplace.  My problem with unions is that they’ve been getting it wrong for so long and this getting it wrong is causing some real problems.

I live in an area of Texas where the local municipal police union has a large role in city politics.  The fire union to a lesser extent.  And the local third-service municipal EMS service recently obtained civil service protection, first by convincing the Texas Legislature to change state civil service law to cover third-service EMS, then convincing the voters of this unnamed “progressive” city along the Colorado River to approve said civil service protections.

So, what have the police and EMS union both done with their state civil service protections under Chapter 143 of the Texas Local Government Code?  Why they agreed to sit down at the table with city management and fritter away civil service due process protections for discipline, promotions, and hiring in return for some changes to pay rates and cost of living raises and, in the case of the police, some increased pension benefits.  The city sees giving away a few million bucks over the life of a union contract as chump change in return for the ability to return to a de facto at will employment status, the ability to play politics with the hiring process, and the ability to manipulate the selection of middle and upper level supervision/management.

The unions point to their pay raises and the political pull they have locally due to donating campaign cash to (usually) sure winners.   Sadly, pay is only part of what a union is supposed to advocate for.  When said unions don’t campaign equally aggressively for workplace conditions (call volume means a need for more medics/cops/firefighters, y’all) and due process for employee hiring, promotion, and discipline, they’re selling their members out even worse than they might be without a union.  Believing you’re protected is probably worse than when you know you’re not protected.  Only you and your lawyer can protect you — no matter what lines the union sells when it’s time to agree to have your dues deducted from your check.

My advice:  Keep a lawyer on retainer and speed dial.  Nope, I can’t be your lawyer.  I have a full-time government job where I can’t take outside cases.  If I didn’t, stupid management and union decisions could easily buy me a bigger Beemer.

A book recommendation

I rarely recommend books, but I’m in the process of reading a book that I cannot recommend enough to each of you.  As many of y’all know, I’m a huge Dick Cheney fan.  Ok, I may be the ONLY Dick Cheney fan….(I’m still waiting on my pass to visit the Secure Undisclosed Location and my bonus in Halliburton stock.)   Recently, Vice President Cheney co-wrote a book along with his cardiologist, Dr. Jonathan Reiner.  That book is called Heart: An American Medical Odyssey.  This book is fascinating.  It’s an incredible mix of politics, the history and progression of cardiac care in the United States, and perhaps, most interestingly, the relationship between a physician and his patient.  Even more amazingly, for a mass market non-fiction book, Dr. Reiner’s parts of the book are heavily detailed in all aspects, from the underlying pathophysiology, the pharmacology, and the interventions performed.  The book, at least to me, is a rare treat – a combination of politics, autobiography, and more than enough medicine – and cardiology in particular – to satisfy someone like me who has their feet planted in both the legal/political arena and the medical arena.  Highly recommended.