§ 122 — Refusal to take persons to hospital prohibited; exception for cities with a population of one million or more

§ 122. Refusal to take persons to hospital prohibited; exception for\ncities with a population of one million or more. 1. (a) Except as\notherwise provided in subdivision two of this section, in any city,\ncounty, town or village of this state wherein exists, or is hereafter\ncreated, an ambulance system, supported wholly or partly at public\nexpense, or which is wholly or partly under the care, management or\ncontrol of the public authorities, no person in charge of an ambulance,\nhospital, or house or place of reception for the sick or injured, shall\nrefuse, in answer to a call or demand for an ambulance, if such call has\nbeen answered by the attendance of an ambulance, to take such person for\nwhom a call may be made to the hospital or place of reception for the\nsick or injured from which the ambulance came, for examination and\ntreatment by the house authorities of the said hospital or place of\nreception for the sick or injured.\n (b) Except as otherwise provided in subdivision two of this section,\nany person neglecting or refusing to comply with the provisions of this\nsection shall be guilty of a misdemeanor.\n (c) This subdivision shall apply to the drivers of and to the\nphysician in charge of an ambulance.\n 2. In cities with a population of one million or more, nothing\ncontained in subdivision one of this section shall be construed to\nrequire the transportation of any person when: (a) an emergency medical\ntechnician, advanced emergency medical technician or paramedic, employed\nby or under the supervision of a public benefit corporation authorized\nby law to maintain an emergency medical service, called to transport\nsuch person, physically examines such person; (b) such emergency medical\ntechnician, advanced emergency medical technician or paramedic transmits\nthe findings made during such examination to a physician in\ncommunication authorized to provide medical control by such city's\nemergency medical service; and (c) such physician determines, based\nsolely upon the medical condition of such person being considered for\nambulance transportation, that such person either is not in need of\nemergency medical care or is neither sufficiently ill nor injured to\nnecessitate transportation to a hospital by means of an ambulance.\n