Per Pernell's deposition testimony, paramedics are obligated to recontact medical command only if they "need[] something additional," such as more medication, "to help [them] with that intubation." The need for such medications prompted Pernell's second phone call to Dr. Sharma at 9:30 p.m., during which he immediately informed Dr. Sharma that Almonte "need[ed] to
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be intubated" and requested "orders for Succ and Etomidate." Dr. Sharma instructed the paramedics to give Almonte "four milligrams" of etomidate and
"[twenty-four] milligrams" of succinylcholine. The paramedics complied by administering etomidate at 9:33 p.m. and succinylcholine at 9:34 p.m. and attempting intubation at 9:35 p.m. Dr. Sharma confirmed this order by stating that she would notify the hospital that the paramedics were going to intubate Almonte.
The ambulance arrived at the hospital at 9:37 p.m. The paramedics attempted intubation at 9:38 p.m. and again at 9:42 p.m. Plaintiffs contend that the paramedics could not "substitute their own judgment" for that of a physician and therefore were required to obtain an order from Dr. Sharma to continue intubating rather than immediately transport Almonte to the emergency room.
Dr. Sharma testified, however, that "when [she] discussed with [the paramedics] . . . [Almonte's] intubation, [she] was not thinking about how many attempts they were going to have." Dr. Sharma's initial authorization to intubate Almonte was thus sufficient to span the seven-minute timeframe during which multiple intubation attempts were made.
The continuing authority of a medical command physician's order is bolstered by Cusimano's confirmation that seeking additional approval for
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each intubation attempt would "unnecessarily waste[] time." She explained that, upon initiating contact with the physician, "everything [the paramedics] do from that point on is under the direction of medical command,"
notwithstanding the absence of explicit reauthorization from medical command for each related subsequent act.
Moreover, the Committee Statement accompanying the 1984 amendments to the EMSA clarifies the scope of paramedics' authority. Although paramedics are not "permitted to perform the duties of a health care professional employed by a hospital," they may perform those that are
"necessary to assume the orderly transfer of advanced life support care . . . to hospital staff upon arrival at an emergency room." A. Corr., Health, & Hum. Servs. Comm. Statement to A. 551 (Mar. 15, 1984). Here, the paramedics testified that, in exercising their judgment, transporting Almonte to the emergency room staff before establishing an open airway would have been
"reckless." Thus, they continued to perform the "necessary" task of intubation.
D.
Plaintiffs argue that the regulations are an integral part of the legislative scheme governing emergency medical services and inform the scope of the paramedics' immunity under the EMSA. Plaintiffs specifically rely on
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N.J.A.C. 8:41-8.5(b)(1), which provides that a "difficult intubation" "shall not delay the transportation of a patient," to argue that the paramedics here did not act "in accordance with [the EMSA]."
In considering plaintiffs' argument, we note that the plain language of N.J.S.A. 26:2K-14 does not reference the regulations, whereas other provisions of the EMSA expressly do so. For example, N.J.S.A. 26:2K-9 provides that
"[t]he commissioner . . . may revoke the license of a mobile intensive care paramedic for violation of any provision of this act or regulation promulgated hereunder." (emphasis added). And N.J.S.A. 26:2K-12(d) permits "[t]he commissioner [to] withdraw his authorization if the hospital or unit violates any provision of this act or rules or regulations promulgated pursuant thereto."
(emphasis added). Thus, we presume the Legislature's exclusion of the term
"regulations" in the paramedic immunity statute was deliberate. See A.L., 213 N.J. at 21 ("[Where] [the Legislature] includes particular language in one section of the statute but omits it in another section of the same Act, it is generally presumed that [the Legislature] acts intentionally and purposely in the disparate inclusion or exclusion." (first alteration in original)). Even if we assume that the regulations are relevant to the paramedics' immunity analysis, the applicable standing orders make clear that they "cease to be operative once contact is made with the medical command physician."
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N.J.A.C. 8:41-8.2(d). Cusimano confirmed this point during her testimony, stating that once contact is made with the physician, the paramedics' conduct from "that point on is under the direction of medical command." Plaintiffs do not challenge the paramedics' conduct prior to them having established contact with Dr. Sharma at 9:17 p.m., at which point the standing orders no longer governed their conduct. Thereafter, the paramedics acted pursuant to Dr. Sharma's orders.
V.
Our decision in this case is based upon the statutory framework the Legislature has established for emergency medical services. Paramedics are called upon to make rapid decisions in the field, often under intense time pressure. The law grants immunity to paramedics who act "in accordance with [the Emergency Medical Services Act]" to ensure that the professionals who respond to emergencies are empowered to act swiftly and decisively, without the potentially paralyzing fear of civil liability.
Here, the paramedics who rendered advanced life support services to Almonte acted under Dr. Sharma's order to intubate, which she conveyed during two mobile telephone calls with the paramedics. Accordingly, we find that the paramedics "maintain[ed] direct voice communication with" and
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"t[ook] orders from a licensed physician," such that defendants are entitled to the immunity provided by the EMSA under N.J.S.A. 26:2K-14. We therefore affirm the judgment of the Appellate Division. CHIEF JUSTICE RABNER and JUSTICES PATTERSON, PIERRE-
LOUIS, WAINER APTER, FASCIALE, and NORIEGA join in JUSTICE HOFFMAN's opinion.
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