Lee wrote:

> > None guides the instructor or DM when they merely act as guides or
> certified
> > buddies. Other rules govern this, and they are made by the legislature.
>
> This is a surprise.  I'm reasonably sure (I'm not positive of much any
more)
> that DM rules are not guided by the legislature here unless, by
legislature,
> you mean something other than a government law making body.

When DMs or instructors act as underwater guides or professional buddies -
whether they are paid for the service or not - they are governed, not by
agency-defined standards, but by the same rules that apply to anybody else
who contractually undertakes to provide a service. This means that they are
subject to the  appropriate laws on liability, and held to some pretty tough
standards as regards duty of care and what the law defines as a "reasonably
prudent" person's actions in a similar set of circumstances.

By their very nature, these "standards" are of course defined by the
legislature in the case of general liability laws, and by the judiciary in
the interpretation of  "reasonably prudent". While the phrase "reasonably
prudent" may not sound terribly tough, it is is fact a pretty exacting
standard which takes into consideration the training the DM or instructor
has received, as well as the services the DM or instructor was contracted to
provide.

Don Ward would be a much better person to explain this in detail, but this
is what I meant when I said that those standards were defined by the
legislature.

You might remember a discussion back on the old list when Don posted a
really interesting case study from Dive Makai in Hawaii, which also applies
very well to the case you originally brought up. Search the archives of
SCUBA-L for it, and for the answers to the questions Don posted. The best
would probably be to search for posts from Don, since they are
(unfortunately) rare!

>  I'm at a loss
> to understand the relationship between a certifying agency card, which is
> required for anyone to be hired as a DM here, and the DM job if there
aren't
> standards for that.  Am I misunderstanding you?

Both DMs and instructors receive training in the above, with several case
studies, and since no agency can set standards that are above the law in any
case, it is probably deemed sufficient, especially the "reasonably prudent"
part. It is not possible to lay down standards for any eventuality in any
case, so the agencies fall back on the law to regulate the behaviour of
professionals in these cases.

Hope that clarifies.

Bjorn