JULIE SCHAEFFER
Jems Magazine

The state of New York has amended its social services law to require a variety of professionals-including EMS providers-to report suspected child abuse they encounter while performing their jobs.

On Nov. 13, N.Y. Governor George E. Pataki signed into law S.64/A.1779 (Chapter 432, Laws of 2001). Under the amended law, which should take effect Feb. 1, EMS providers must report suspected child abuse to a designated superior, who must then report the suspected child abuse to authorities.

Debate about the proposed law was evenly divided at a meeting of the N.Y. EMS Council Legislative Committee, says Matt Geitner, Northeast public affairs manager with Rural/Metro. "Generally, those in the fire service, paid volunteer and volunteer sectors opposed the law, while those in the private sector supported the law."

According to Geitner, those opposing the law seemed put off, believing it would cause them undue burden to report suspected incidents. Supporters argue that N.Y. state law currently mandates certain individuals to report suspected instances of child abuse, and think it's ironic the long list of mandated reporters does not currently include EMS providers.

"EMTs are often the first individuals to arrive at the scene of a medical emergency and would likewise often be the first to detect any instances of child abuse," says Geitner, whose organization supported passage of the amended law. He quotes Elizabeth A. Criss, RN, MEd, senior research associate at the University of Arizona and clinical educator for the emergency department at University Medical Center in Tucson.

According to Criss, "EMS providers are often the first medical people to encounter the child and often the only ones to view the child's physical surroundings and hear the initial unrehearsed interaction between the child and guardian."

Proponents of the law also argue that New York has fallen behind most other states by not requiring EMS personnel to be mandated reporters. "Most states place some obligation on providers to report suspected child abuse, and many, such as Alaska, Oregon, Massachusetts, Nevada and Maine, have strict reporting requirements that impose specific obligations on EMS providers," says attorney Alan J. Azzara, JD, EMT-P, in "Child Abuse: An EMS Dilemma," May 2001 JEMS.

It's unclear how the New York Department of Health's Bureau of EMS will actually roll out the amended law, whether the EMT or supervisor will report the abuse and how it will be reported.

Currently, the New York Office of Children and Family Services maintains a statewide toll-free hotline to receive general calls alleging child abuse or maltreatment. The hotline information is relayed to the local Child Protective Service for investigation. That number is 800/342-3720.

"Regrettably, child abuse poses a major problem, one that a responsible EMS provider cannot ignore. Your failure to act promptly and in accordance with local law may involve legal consequences for you and, more importantly, may result in further abuse to, or the death of, an innocent child," says Azzara