§ 3002-A — State emergency medical advisory committee

§ 3002-a. State emergency medical advisory committee. 1. There shall\nbe a state emergency medical advisory committee of the state emergency\nmedical services council consisting of thirty-one members. Twenty-three\nmembers shall be physicians appointed by the commissioner, including one\nnominated by each regional emergency medical services council, an\nadditional physician from the city of New York, one pediatrician, one\ntrauma surgeon, one psychiatrist and the chairperson. Each of the\nphysicians shall have demonstrated knowledge and experience in emergency\nmedical services. There shall be eight non-physician non-voting members\nappointed by the chairperson of the state council, at least five of whom\nshall be members of the state emergency medical services council at the\ntime of their appointment. At least one of the eight shall be an\nemergency nurse, at least one shall be an advanced emergency medical\ntechnician, at least one shall be a basic emergency medical technician,\nand at least one shall be employed in a hospital setting with\nadministrative responsibility for a hospital emergency department or\nservice.\n 2. The committee shall develop and recommend to the state council\nstatewide minimum standards for: (a) medical control; (b) treatment,\ntransportation and triage protocols, including protocols for invasive\nprocedures and infection control; and (c) the use of regulated medical\ndevices and drugs by emergency medical services personnel certified\npursuant to this article. The state emergency medical advisory\ncommittee, with the consent of the commissioner, may issue advisory\nguidelines in any of these areas, which shall not have the force and\neffect of law unless adopted as rules and regulations by the state\nemergency medical services council. The state emergency medical advisory\ncommittee shall advise the state emergency medical services council\nprior to the issuance of any guidelines. The committee shall also review\nprotocols developed by regional emergency medical advisory committees\nfor consistency with statewide standards.\n 2-a. Any decision of the state emergency medical advisory committee\nregarding medical control, protocols for treatment, triage, or\ntransportation, or the use of regulated medical devices may be appealed\nto the commissioner by any required regional emergency medical services\ncouncil, regional emergency medical advisory committee, ambulance\nservice or advanced life support service, or certified first responder,\nemergency medical technician, or advanced emergency medical technician\nadversely affected.\n 3. Each member shall have a term of two years, except that five of\nthose first appointed shall have a term of three years. Members may\nsucceed themselves.\n 4. The committee shall meet as frequently as its business may require.\nThe presence of a majority of the members shall constitute a quorum. The\nmembers of the committee shall receive no compensation for their\nservices as members, but each shall be allowed the necessary and actual\nexpenses incurred in the performance of his or her duties under this\nsection.\n 5. No civil action shall be brought in any court against any member,\nofficer or employee of the committee for any act done, failure to act,\nor statement or opinion made, while discharging his or her duties as a\nmember, officer, or employee of the committee, without leave from a\njustice of the supreme court, first had and obtained. In no event shall\nsuch 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