Today’s correspondent asks

…with paramedic now being a protected term…what implication do you think this has for emergency and event health service providers if say an RN is part of a crew in a vehicle labelled “paramedic” in the livery? Could this be viewed as “holding yourself out to be…”

I will assume that the people actually in the car have no choice about what vehicle to use so I won’t consider whether they are holding themselves out as a paramedic (Health Practitioner Regulation National Law s 113(1)). Rather I will consider the Health Practitioner Regulation National Law s 113(2) which says

A person must not knowingly or recklessly—

(a)            take or use a title in the Table in relation to another person (the “second person”), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the health profession listed beside the title in the Table, unless the second person is registered in the profession; or

(b)           take or use a prescribed title for a health profession in relation to another person (the “second person”), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the profession, unless the second person is registered in the profession.

The difference between (a) and (b) is that (a) relates to the titles set out in s 113 whereas (b) relates to any titles that are added to the list of protected titles by regulations.

Section 113(2) therefore says that

  • if a person eg an ‘emergency and event health service provider’;
  • uses a protected title, in this case paramedic;
  • in a way to suggest that someone else, in this case their employee or volunteer;
  • is a paramedic when they are not; then’
  • that person commits an offence.

So does the use of the word ‘paramedic’ on a vehicle imply that everyone in that vehicle is a paramedic? I don’t think it can. First a vehicle might be driven by say a mechanic taking the vehicle for a road test. They might stop at an accident but if they got out and their overalls did not say ‘paramedic’ and they said ‘I’m a mechanic, but I’ll radio for backup’ then in the context no-one could seriolusly argue they were being ‘held out’ as a paramedic.

Equally a vehicle might be transporting a patient and members of their family. They are not paramedics.  It cannot be assumed that everyone in the vehicle is a paramedic. It all depends on context.

In the context if there were no paramedics in a vehicle that was being used at an event then there may be a problem. But if there is a paramedic and he or she is working with a nurse, and the paramedic’s uniform says ‘paramedic’ but the nurses uniform says ‘nurse’ then I cannot see how anyone would think the employer was holding out that the nurse was in fact a paramedic.  The use of the term ‘paramedic’ on the vehicle could nor ‘be reasonably expected to induce a belief’ that the person who gets out of the vehicle in a uniform marked ‘nurse’ or ‘doctor’ is a paramedic.  

But as I say, context is everything.  If an event organiser has contracted with a company to provide paramedics at an event, they might well think that the crew that turns up in an ambulance marked ‘paramedic’ are indeed paramedics and they may be misled if it turns out that none of the crew are in fact paramedics, even if they are nurses.  That may be a breach of s 113(2) and certainly would be if the contractor was hoping the customer believes that they are receiving a service from the paramedics they’d contracted for. That situation is about the intention of the ‘first person’ ie the contractor.  They have contracted to provide paramedics, and they hope that the customer, won’t notice that they aren’t paramedics. In that case one would infer that the ‘first person’ is intending to ‘induce a belief’ in the contract that the ‘second person’ – the nurses – are paramedics when they are not.  In that context they would also be in breach of contract and maybe in breach of the Australian Consumer Law.

For a related post see Use of the term ‘paramedic’ on an ambulance without a paramedic crew – Victoria (September 28, 2020).

Proudly supported by (in alphabetical order) the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), the Australian Paramedics Association (Qld), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of these supporters.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.