The Legal Issues Involved in Providing Physician Services to
the Commercial and Educational Wilderness or Outdoor
Recreation Community
By James H. Moss, JD
History and Problem
1) Last 15-20 years "first aid" instruction has changed from non-profit instruction to for
profit businesses
a) This has recently resulted in an expansion of the term "First Aid" in an effort to
market first aid courses marketable
i) Protocols developed on a mistaken belief the paper provides protection
ii) Prescriptions issued to provide psychological value to the outfitters
iii) Instruction beyond normal definition of first aid
2) The Result to Physicians: an increased request for Physicians to provide services &
assistance not normally within the first aid realm
a) Developing protocols for a commercial or educational programs
i) Idea probably derived from protocols developed for EMS
b) Prescribing prescription drugs to the programs/guides/outfitters
c) Creation of protocols for non-physicians to determine if participants can attend
programs.
3) Legal issues in this field are starting to escalate
a) Increased number of people in the field both programs and participants
b) Increased reliance on bad or incorrect information
c) Increased lawsuits for failing to provide first aid services
d) Increased lawsuits over providing negligent first aid
4) Lawsuits possible based on Increased expectations of the participants based on
a) First aid courses proliferation
b) Program marketing of first aid abilities
c) Higher first aid expectation of participants
5) Issue 1: No legal definition of First Aid
a) OSHA Chapter 8 § 183. Recordable Injury and Illness
