Reducing Professional and Financial Risk Under EMTALA: A Review of Current EMTALA and Florida Law

Activity Release: 12/15/17 Reviewed: 10/11/21 & 9/7/22 Activity Expiration: 6/30/24


CMS requires hospitals to provide education about EMTALA to staff and all On-Call physicians.


Medicare-participating hospitals that provide emergency services must follow the CMS Conditions of Participation Interpretive Guidelines on the Emergency Medical Treatment and Labor Act (EMTALA). Physicians and other healthcare providers need a review of EMTALA components to maximize appropriate patient care and minimize physician and hospital deficiencies and their resulting penalties.


This CME activity is designed for physicians (MD/DO), Advanced Registered Nurse Practitioners (ARNP), and Physicians' Assistants (PA).


At the conclusion of this activity, participants will be able to:

1. Define the similarities and differences between Federal and State statutes regarding the obligation to provide emergency care and treatment.

2. Identify to which patients and in what situations EMTALA duties and obligations apply.

3. Discuss when EMTALA duties and obligations end or no longer apply.

4. Describe the duties and responsibilities of the ER and On-Call physician under EMTALA and Florida law.

5. Illustrate EMTALA requirements as related to Patient Transfers.

6. Identify special problems and concerns under EMTALA relating to medical record documentation; scope of examination performed; follow-up patient care; behavioral health patients and patients in labor.

7. List the top 5 reasons that EMTALA fines are assessed against physicians.


* No Commercial Interest

* No relevant financial interest by faculty or CME Committee Planners.

* No investigational products/products not labeled for use is mentioned within the enduring CME activity.


This information in this educational activity is provided for general medical education purposes only and is not meant to substitute for the independent medical judgment of a physician/clinician relative to diagnostic and treatment options of a specific patient’s medical condition. The viewpoints expressed in this CME activity are those of the authors/faculty. They do not represent an endorsement by Flagler Hospital. In no event will Flagler Hospital be liable for any decision made or action taken in reliance upon the information provided through this CME activity.


Appropriate software to view MP4 video; Adobe reader to access handout.


1. Review presentation power point Adobe pdf slides OR MP4 Video webcast (handout)

2. After reviewing presentation slides or MP4 video webcast, pass the continuing medical education post-test and evaluation(with a grade of 80% or higher).

3. Credits earned will be reported to CE Broker and certificate provided via interoffice mail or e-mail once post-test is processed by CME Office.


Flagler Hospital is accredited by the Florida Medical Association to provide continuing medical education for physicians.

Flagler Hospital designates this educational activity for a maximum of one 1.00 AMA PRA Category 1 Credit(s) TM. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

Flagler Hospital is accredited for Florida Board of Nursing 50-664 (APRN & CRNA only) for continuing education units.