General Guidelines for Patient Refusal of Treatment and/or Transport
- A patient shall be considered any person who is:
- Requesting (or has had a request made on their behalf) medical attention or medical assistance of any kind
- In obvious need of medical attention or medical assistance
- Likely to have sustained an injury from an incident or accident
- All patients shall be assessed, transport by ambulance should be recommended to the nearest appropriate hospital, regardless of the nature of the complaint
- In the event a patient, or their custodian, refuses transport to the hospital, a properly executed refusal process/checklist must be completed
- To provide "informed refusal of medical care" a person must be one of the following:
- ≥ 18 years of age
- A court emancipated minor
- A legally married person of any age
- An unwed pregnant female < 18 y/o, when the medical issue relates to her pregnancy
- A parent (of any age) on behalf of their child when the refusal of care does not put the child at risk
- Other relatives who may refuse care on behalf of a minor when parent unavailable:
- Step-parent
- Grandparent
- Adult sibling
- Adult aunt or uncle
- Consider Medical Control contact in cases when the parent cannot be contacted
- Only a documented Power of Attorney may refuse transport on behalf of an incapacitated patient, if the POA demonstrates capacity
- Consider Medical Control contact in high risk refusal cases; provide an end-tidal CO2 along with other vital signs
Assessing Decision Making Capacity
Decision making capacity is a clinical judgment that must be made, and documented, on every refusal. Many conditions can alter decision making capacity, including intoxication, poisoning, closed head injuries, stroke and psychiatric disease. When conducting the assessment, take the patient's normal baseline into account. The goal is to be reasonably certain the patient can make an informed decision at the time they refuse EMS care or transport.
In addition to vital signs, all of the following must be assessed and documented:
- Orientation: All patients undergoing the refusal process must be awake, alert and oriented to time, person, place and situation. Even if the patient is at their baseline, failure at this step necessitates transport, or involvement of a surrogate.
- Gait and/or Coordination: Staggering gait, or inability to stand and ambulate may indicate an impairment that alters decision making capacity.
- Speech Pattern: Slurred, incoherent or otherwise inappropriate speech patterns may indicate an impairment that alters decision making capacity.
- Insight & Judgment: Determine if the patient expresses good insight into the nature of their condition, and conveys a reasonable plan to deal with their condition.
- Evidence of Psychiatric Decompensation: Determine if the patient is experiencing suicidal or homicidal thoughts. Assess for hallucinations or other forms of delusional behavior. Assess speech for signs of thought disorder.
Medical Incapacitation
When it is determined that a patient's decision making capacity is impaired the patient shall be deemed medically incapacitated and should be transported to the hospital for further assessment and treatment.
- When a patient is clearly medically incapacitated, paramedics are authorized to transport against the patient's will, using no unreasonable force
- Contact Medical Control if questions about medical incapacitation arise
- Refer to Florida Statute 401.445 for more details
Pediatric Refusals
The following scenarios require Medical Control contact prior to completing the refusal process:
- Refusals involving patients less than 12 months old
- Pediatric refusals where significant vital sign abnormalities are present
- In the event a parent or custodian refuses medical care for a minor when there is reasonable concern that the decision poses a threat to the well being of the minor:
- Contact Medical Control for physician input
- Enlist the aid of law enforcement personnel for patient and crew safety
- If an immediately life threatening condition exists, transport the patient to the nearest appropriate emergency department
Refusal of Transport After ALS Initiated
Contact Medical Control for refusal situations that arise after advanced life support has been initiated.
- Exceptions to this requirement are:
- Bronchospasm resolved after one nebulizer treatment
- Insulin induced hypoglycemia-resolved after glucose administration
Bronchospasm Resolved After Nebulizer Treatment
After treatment of bronchospasm, and return to an asymptomatic state, some patients will refuse transport to the hospital. The following items should be accounted for and included in the assessment and documentation:
- The presentation is consistent with a mild exacerbation of asthma and the patient has a known history of asthma
- No severe dyspnea at onset
- Not initially hypoxic (oxygen saturation < 90%)
- No pain, fever or hemoptysis
- Significant improvement after a single nebulizer treatment, with complete resolution of symptoms
- Vital signs within normal limits after treatment given (BP, pulse, respiratory rate, end tidal carbon dioxide, pulse oximetry > 96%)
- The patient has access to additional bronchodilators and follow up care
Insulin induced hypoglycemia
This protocol applies only to adult Insulin dependent diabetic patients who are refusing hospital transport after the resolution of insulin-induced hypoglycemia by the administration of oral glucose, Glucagon IM or IV/IO Dextrose. After treatment with any of the above meds and return to an asymptomatic state, some patients will refuse transport to the hospital. The following items should be accounted for and included in the assessment and documentation:
- The patient is on Insulin only (does not take oral diabetes medication)
- The presentation is consistent with hypoglycemia:
- Rapid improvement, and complete resolution of symptoms, after administration of above meds
- Vital signs within normal limits after glucose given (BP, pulse, respiratory rate, end tidal carbon dioxide, oxygenation, and blood sugar > 60)
- There is no indication of an intentional overdose or dosing error
- There is no evidence of stroke, cardiac ischemia or infection
- Concerning both situations noted above, the following patient safety measures shall be considered:
- A family member or caregiver should be available to stay with the patient and assist if a relapse occurs
- There is nutrition available for the patient
- Assure the patient understands transport has been recommended, and subsequently refused
- Document who witnessed the refusal and obtain their signature
- Inform the patient to follow-up with their physician as soon as possible and to recontact 911 if symptoms re-occur
- If the above items are accounted for, a properly executed refusal can be accepted from the patient or custodian without contacting Medical Control
Refusal of Medical Care
Refusal Guidelines
A refusal is valid only when the patient demonstrates decision-making capacity and makes a voluntary, informed choice after being clearly advised of the risks, benefits, and alternatives. Thorough, structured documentation—including a witness signature—protects the patient, the crew, and the integrity of the medical record.
Who May Serve as a Witness (in order of preference)
- Power of attorney or medical surrogate if patient currently has capacity to refuse on their own behalf
- Responsible, unbiased adult on scene (family member, caregiver, bystander).
- On-scene healthcare professional (e.g., clinic/ED staff during interfacility encounters).
- Law enforcement officer on scene.
- A second EMS crew member not leading the conversation.
Who Should Not Serve as a Witness
- Minors; individuals who are impaired, combative, or clearly biased/coercive; interpreters with conflicts of interest. Avoid using the person who is exerting pressure on the patient.
When the Witness Signature Is Required
- All refusals of assessment and/or transport.
- Refusal of transport to the most appropriate facility.
- High-risk refusals of medical intervention or treatment
Consider engaging medical control for all high risk refusals including but not limited to: abnormal vital signs, suspected stroke/AMI/trauma, altered mental status, reported alcohol ingestion (but still demonstrating capacity without clinical signs of intoxication), language barriers, low health literacy, repeat 911 calls, and when leaving a minor or dependent adult in place with a guardian/caregiver.
Procedure (Field Use)
- Assess capacity: Orientation, understanding, appreciation of consequences, ability to reason/communicate a consistent choice.
- Deliver an informed-refusal discussion: Condition concern, recommended care/transport, specific risks of refusing (including death or disability when applicable), and alternatives (e.g., private transport, urgent care, follow-up).
- Confirm teach-back: Ask the patient to repeat key risks/plan.
- Complete the narrative: Document capacity, specific risks that were discussed with the patient, which alternatives you discussed, vitals, exam findings, and return precautions.
- Obtain signatures:
- Patient (or legal representative).
- Witness (print name, role, contact if available).
- Crew member completing the form.
- Provide return precautions and instructions on when to call 911 or seek care immediately.
- Offer re-evaluation if the patient’s condition changes prior to departure.
If a Witness Is Unavailable
- If truly no witness is available, document: “No witness available despite reasonable efforts,” who was present, why a witness could not be obtained, and consider two crew signatures.
- When doubt remains about capacity or safety, err on the side of medical control consultation and consider law-enforcement or clinician involvement as appropriate.
Documentation Checklist (things that should be documented in the narrative)
- ☐ Capacity assessed and meets criteria
- ☐ Risks, benefits, and alternatives explained in lay terms
- ☐ Patient teach-back documented
- ☐ Vital signs and pertinent exam recorded
- ☐ Return precautions and follow-up plan provided
- ☐ Patient (or representative) signature
- ☐ Witness signature with name/role
- ☐ Crew signature(s)
- ☐ Considered/consulted medical control for high-risk or uncertain capacity