§ 3002 — New York state emergency medical services council

New York § 3002

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 30: Emergency Medical Services

Text

§ 3002. New York state emergency medical services council. 1. There is\nhereby created in the department of health the New York state emergency\nmedical services council. The state council shall consist of thirty-two\nmembers. Fourteen members to the state council shall be appointed by the\ncommissioner and shall be representative of each geographic area of the\nstate. At least one member shall be representative of the interests of\nthe general public. Other members shall be knowledgeable in various\naspects of emergency medical services and shall include, but not be\nlimited to, representatives of voluntary ambulance services, advanced\nlife support first response services, ambulance services operating for\nprofit, municipal ambulance services, hospitals, a statewide\norganization representing volunteer fire services, municipal tax\ndistricts providing ambulance services, physicians, and nurses. The\ncommissioner shall also appoint a representative from each regional\ncouncil, from nominations received from the appropriate regional\ncouncil. The members of the state council shall elect a chairperson from\namong the members of the state council by a majority vote of those\npresent, who shall serve for a term of one year and until a successor is\nelected.\n 1-a. The state emergency medical services council shall advise and\nassist the commissioner on such issues as the commissioner may require\nrelated to the provision of emergency medical service, specialty care,\ndesignated facility care, and disaster medical care. This shall include,\nbut shall not be limited to, the recommendation, periodic revision, and\napplication of rules and regulations, appropriateness review standards,\ntreatment protocols, workforce development, and quality improvement\nstandards. The state emergency medical services council shall meet at\nleast three times per year or more frequently at the request of the\nchairperson or department and approved by the commissioner.\n 2. The state council shall have the power, by an affirmative vote of a\nmajority of those present, subject to approval by the commissioner, to\nenact, and from time to time, amend and repeal, rules and regulations\nestablishing minimum standards for ambulance services, ambulance service\ncertification, advanced life support first response services, the\nprovision of prehospital emergency medical care, public education, the\ndevelopment of a statewide emergency medical services system, the\nprovision of ambulance services outside the primary territory specified\nin the ambulance services' certificate and the training, examination,\nand certification of certified first responders, emergency medical\ntechnicians, and advanced emergency medical technicians; provided,\nhowever, that such minimum standards must be consistent with the\nstaffing standards established by section three thousand five-a of this\narticle. Such training shall be made available by video or computer to\nthe maximum extent possible. Until January first, nineteen hundred\nninety-seven, no minimum standards shall be established for services\nprovided by a voluntary ambulance service operating solely pursuant to a\nstatement of registration issued under section three thousand four. The\ncurriculum for certified first responder training shall not exceed\nfifty-one hours including prerequisites. The state council shall have\nthe same powers granted to regional councils by this article in any\nregion of the state in which a regional council has not been\nestablished.\n 2-a. In furtherance of the powers set forth in subdivision two of this\nsection, the state council shall provide to the trustees of the state\nuniversity of New York such information and recommendations as may be\nrequested by such trustees to assist such trustees' study of the\nfeasibility of community colleges' and state university of New York\nagricultural and technical colleges' offering credit and noncredit\ncourses which would satisfy the educational requirements for\ncertification and recertification of emergency medical technicians and\nadvanced emergency medical technicians.\n 2-b. The commissioner, in consultation with the state emergency\nmedical services council, shall develop a program to allow certified\nfirst responders, emergency medical technicians and advanced emergency\nmedical technicians who have been in continuous practice, who have\ndemonstrated competence in applicable behavioral and performance\nobjectives, and who have demonstrated completion of appropriate\ncontinuing education, to renew their certification under subdivision two\nof this section without requiring the completion of a written\nexamination. In implementing this program, the commissioner shall\ncontract with and use the standards established by a nationally\nrecognized organization that certifies certified first responders,\nemergency medical technicians and advanced emergency medical\ntechnicians. Renewals of certification under the program shall be deemed\nequivalent to renewals under subdivision two of this section for\npurposes of this article.\n 3. Upon appeal from the appropriate regional council, the state\ncouncil shall have the power, by an affirmative vote of a majority of\nthose present, to amend, modify and reverse determinations of the\nregional councils made pursuant to subdivision five of section three\nthousand three and section three thousand eight of this article. All\ndeterminations of the state council respecting applications for\nambulance service certificates or statements of registration or\nrespecting the revocation, suspension (except temporary suspension),\nlimitation or annulment of an ambulance service certificate shall be\nsubject to review as provided in article seventy-eight of the civil\npractice law and rules. Application for such review must be made within\nsixty days after service in person or by registered or certified mail of\na copy of the determination upon the applicant or holder of the\ncertificate.\n 3-a. Upon appeal from the applicant, the department, or any concerned\nparty, the state council shall have the power, by an affirmative vote of\na majority of those present, to amend, modify and reverse determinations\nof the regional councils made pursuant to subdivision five-a of section\nthree thousand three of this article. All determinations of the state\ncouncil with respect to exemptions shall be subject to review as\nprovided in article seventy-eight of the civil practice law and rules.\nApplication for such review must be made within sixty days after service\nin person or by registered or certified mail.\n 4. The term of office of each member shall be two years. Vacancies\nshall be filled by appointment for the remainder of an unexpired term.\nThe members shall continue in office until the expiration of their terms\nand until their successors are appointed and have qualified. No member\nshall be appointed to the state council for more than four consecutive\nterms.\n 5. The state council shall meet as frequently as its business may\nrequire. The presence of a majority of the members shall constitute a\nquorum. The members of the state council shall receive no compensation\nfor their services as members, but each shall be allowed the necessary\nand actual expenses incurred in the performance of his or her duties\nunder this section.\n 6. The commissioner, upon request of the state council, shall\ndesignate an officer or employee of the department to act as secretary\nof the state council, and shall assign from time to time such other\nemployees as the state council may require.\n 7. No civil action shall be brought in any court against any member,\nofficer or employee of the state council for any act done, failure to\nact, or statement or opinion made, while discharging his or her duties\nas a member, officer or employee of the state council, without leave\nfrom a justice of the supreme court, first had and obtained. In no event\nshall such member, officer or employee be liable for damages in any such\naction if he or she shall have acted in good faith, with reasonable care\nand upon probable cause.\n 8. The state council shall, after consultation with the department and\nthe regional councils, forward to the commissioner not later than\nDecember first an estimate of the amounts needed to provide adequate\nfunding for emergency medical services training including advanced life\nsupport at the local level, regional medical emergency services\ncouncils, emergency medical services program agencies, the state\nemergency medical services council or other emergency medical services\ntraining programs to carry out the purposes of this article and article\nthirty-A of this chapter. Such estimate shall be transmitted without\nchange by the commissioner to the governor, the division of the budget,\nthe temporary president of the senate, the speaker of the assembly, and\nthe fiscal and health committees of each house of the legislature.\n