§ 3003 — Regional emergency medical services councils

New York § 3003

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

Text

§ 3003. Regional emergency medical services councils. 1. The\ncommissioner, with the approval of the state council, shall designate\nregional emergency medical services councils on or before January first,\nnineteen hundred seventy-eight but in no event shall the number of\nregional councils exceed eighteen. Such regional councils shall be\nestablished on the basis of application for designation as regional\ncouncils submitted by local organizations, the members of which are\nknowledgeable in various aspects of emergency medical services. Such\napplication shall describe the geographic area to be served and contain\na list of nominees for appointment to membership on such regional\ncouncils and a statement as to the proposed method of operation in such\ndetail as the commissioner, with the approval of the state council,\nshall prescribe.\n 1-a. Each regional emergency medical services council shall advise the\nstate emergency medical services council and department on such issues\nas the state emergency medical services council or department may\nrequire, related to the provision of emergency medical service,\nspecialty care, designated facility care, and disaster medical care, and\nshall carry out duties to assist in the regional coordination of such,\nas outlined by the state emergency medical services council with\napproval of the department.\n 2. Each regional council shall be comprised of at least fifteen but\nnot more than thirty members to be initially appointed by the\ncommissioner, with the approval of the state council, from nominations\nsubmitted by local organizations applying for establishment as the\nregional council. Not less than one-third of the membership of the\nregional councils shall be representatives of ambulance services and the\nremaining membership of the regional councils shall consist of, but not\nbe limited to, representatives of existing local emergency medical care\ncommittees, physicians, nurses, hospitals, health planning agencies,\nfire department emergency and rescue squads, public health officers and\nthe general public. The county EMS coordinator, established pursuant to\nsection two hundred twenty-three-b of the county law, of any county\nwithin the region shall serve as an ex officio member of the regional\ncouncil; provided, however, nothing in this subdivision shall prevent a\ncounty EMS coordinator from serving as a voting member of a regional\ncouncil. Members of each regional council shall be residents living\nwithin the geographic area to be served by the regional council. The\npresence of a majority of members shall constitute a quorum.\n 3. Each regional council shall have the power to:\n (a) have a seal and alter the same at pleasure;\n (b) acquire, lease, hold, and dispose of real and personal property or\nany interest therein for its purposes;\n (c) make and alter by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and the fulfillment of its purposes under this article; such\nrules and regulations must be filed with the secretary of state and the\nstate EMS council;\n (d) enter into contracts for employment of such officers and employees\nas it may require for the performance of its duties; and to fix and\ndetermine their qualifications, duties, and compensation, and to retain\nand employ such personnel as may be required for its purposes; and\nprivate consultants on a contract basis or otherwise, for the rendering\nof professional or technical services and advice;\n (e) enter into contracts, leases, and subleases and to execute all\ninstruments necessary or convenient for the conduct of its business,\nincluding contracts with the commissioner and any state agency or\nmunicipal entity; and contracts with hospitals and physicians for the\npurposes of carrying out its powers under this article;\n (f) undertake or cause to be undertaken plans, surveys, analyses and\nstudies necessary, convenient or desirable for the effectuation of its\npurposes and powers, and to prepare recommendations and reports in\nregard thereto;\n (g) fix and collect reasonable fees, rents, and other charges for the\nuse of its equipment and the provision of its services;\n (h) contract for and to accept any gifts or grants, subsidies, or\nloans of funds or property, or financial or other aid in any form from\nthe federal or state government or any agency or instrumentality\nthereof; or from any other source, public or private, and to comply,\nsubject to the provisions of this article, with the terms and conditions\nthereof; provided, however, that the councils may contract for payment\nof debt evidenced by bonds or notes or other evidence of indebtedness,\neither directly or through a lease purchase agreement;\n (i) recommend to the department approval of training course sponsors\nwithin its region, and to develop, promulgate and implement annually an\nEMS training plan which addresses the needs of its region;\n (j) enter into contracts or memoranda of agreement with other regional\ncouncils to provide services in a joint or cooperative manner; and to\nenter into contracts or memoranda of agreement with an EMS program\nagency to carry out one or more of its responsibilities under this\narticle;\n (k) procure insurance against any loss or liability in connection with\nthe use, management, maintenance, and operation of its equipment and\nfacilities, in such amounts and from such insurers as it reasonably\ndeems necessary;\n (l) approve regional medical advisory committee nominees;\n (m) provide focused technical assistance and support to those\nvoluntary ambulance services operating under exemptions, to assist such\nservices in progressing toward the uniform standards established\npursuant to this section. Such assistance and support shall include, but\nnot be limited to, volunteer recruitment and management training; and\n (n) do all things necessary, convenient and desirable to carry out its\npurposes and for the exercise of the powers granted in this article.\n 4. Each regional council shall have the responsibility to coordinate\nemergency medical services programs within its region, including but not\nlimited to, the establishment of emergency medical technician courses\nand the issuance of uniform emergency medical technician insignia and\ncertificates. Such training courses shall be made available by video or\ncomputer to the maximum extent possible.\n 5. The regional council shall have the responsibility to make\ndeterminations of public need for the establishment of additional\nemergency medical services and ambulance services and to make the\ndeterminations of public need as provided in section three thousand\neight. The regional council shall make such determination by an\naffirmative vote of a majority of all of those members consisting of\nvoting members.\n 5-a. The regional emergency medical services council is authorized to\ngrant an exemption from the staffing standards set forth in section\nthree thousand five-a of this article to a voluntary ambulance service\noperating solely with enrolled members or paid emergency medical\ntechnicians which has demonstrated a good faith effort to meet the\nstandards and is unable to meet such standards because of factors deemed\nappropriate by the regional council. An exemption shall be for a period\nnot to exceed two years and shall be conditioned on the participation by\nthe voluntary service in a program to achieve compliance which shall\ninclude technical assistance and support from the regional council\ntailored to the needs and resources at the local level, as provided by\nparagraph (m) of subdivision three of this section, to be funded by the\nNew York state emergency medical services training account established\npursuant to section ninety-seven-q of the state finance law, such\naccount as funded by a chapter of the laws of nineteen hundred\nninety-three. Nothing shall prevent the regional council from issuing\nsubsequent exemptions. Such exemptions shall have no effect whatsoever\non the insurability of the organization receiving such exemption and\nsuch exemption shall not be used as a basis for increasing insurance\nrates or premiums related thereto, notwithstanding any other provision\nof law, rule, regulation, or commissioner's ruling or advisory to the\ncontrary. Prior to issuing an exemption, the regional council shall\nprovide written notice by certified mail to the chief executive officers\nof all general hospitals and municipalities in the county or counties\nwithin which the service requesting an exemption operates. Such notice\nshall provide opportunity for comment on the issuance of the exemption.\nNotice of the determination of the regional council shall be provided\nwithin ten days of the determination to the applicant, the department,\nand any party receiving notification of the application who requests\nnotice of the determination. The applicant, the department, or any\nconcerned party may appeal the determination of the regional council to\nthe state council within thirty days after the regional council makes\nits determination.\n 6. The term of office of members of the regional council shall be four\nyears, except that of those members first appointed, at least one-half\nbut not more than two-thirds shall be for terms not to exceed two years.\n 7. Each regional council shall meet as frequently as its business may\nrequire.\n 8. The commissioner, upon request of the regional council, may\ndesignate an officer or employee of the department to act as secretary\nof the regional council, and may assign from time to time such other\nemployees as the regional council may require.\n 9. No civil action shall be brought in any court against any member,\nofficer or employee of any designated regional council for any act done,\nfailure to act, or statement or opinion made, while discharging his\nduties as a member, officer or employee of the regional council, without\nleave from a justice of the supreme court, first had and obtained. In\nany event such member, officer or employee shall not be liable for\ndamages in any such action if he shall have acted in good faith, with\nreasonable care and upon probable cause.\n 10. (a) The department shall provide each regional council with the\nfunds necessary to enable such regional council to carry out its\nresponsibilities as mandated under this section within amounts\nappropriated therefor.\n (b) Such funds shall be provided upon approval by the department of an\napplication submitted by a regional council. The application shall\ncontain such information and be in such form as the commissioner shall\nrequire pursuant to rules and regulations which he shall promulgate\nafter consultation with the state council in order to effect the\npurposes and provisions of this subdivision.\n