N.Y. General Municipal Law § 209-b: Emergency rescue and first aid squads

§ 209-b. Emergency rescue and first aid squads. 1. Emergencies. a.

The authorities having control of fire departments and fire companies

may organize within such departments or companies emergency rescue and

first aid squads composed of firefighters who are members of such

departments or companies. Such squads, so organized, may render services

in case of accidents, calamities or other emergencies in connection with

which their services may be required, as well as in case of alarms of

fire. Whether or not such squads have been organized, any firefighter

may render service in case of accidents, calamities or other emergencies

in connection with which the services of firefighters may be required,

as well as in case of alarms of fire, unless he or she shall have been

duly ordered not to render such service by the authorities having

control of the fire department or company of which he or she is a

member. If a request for emergency service is made by, or originates

from a doctor or peace officer, acting pursuant to his or her special

duties, or police officer, and there is any doubt as to whether an

emergency exists, the judgment of the doctor or officer that there is,

in fact, an emergency may be accepted as conclusive by such squad, or

the firefighter responding, or who has responded to such call. The

person designated to receive calls for such emergency services, for the

purpose of dispatching such squads or firefighters, shall determine in

the first instance from the information furnished to him or her whether

an emergency exists and his or her decision, if in good faith, as to

whether or not there is an emergency shall be final in relation to

dispatching such squads or firefighters. Any such preliminary

determination shall not be deemed to authorize the rendition of services

if, upon arriving at the place to which dispatched, it is found that

there is no emergency.

b. The governing board of any city, town, village or fire district

which has a fire department but which has not authorized such fire

department to render emergency ambulance service, may contract for the

furnishing to it of emergency ambulance service with another city, town,

village or fire district which has in its fire department an emergency

rescue and first aid squad duly authorized to render emergency ambulance

service. Before any contract to furnish emergency ambulance service is

entered into, the consents of the fire department, the fire company and

the emergency rescue and first aid squad to furnish such emergency

ambulance service shall be obtained. Each consent shall be evidenced by

a copy of a resolution certified respectively by the secretary of the

fire department and fire company and by the officer then in command of

the emergency rescue and first aid squad.

2. General ambulance service. a. The governing board of any city, town

which has a fire department, village or fire district which has in its

fire department an emergency rescue and first aid squad composed mainly

of volunteer firefighters, by resolution, may authorize any such squad

to furnish general ambulance service for the purpose of (1) transporting

any sick, injured or disabled resident or person found within the city,

town, village or fire district to a hospital, clinic, sanatorium or

other place for treatment and care and returning any such person

therefrom if still sick, injured or disabled and (2) transporting any

sick, injured or disabled resident of the city, town, village or fire

district from a hospital, clinic, sanatorium or other place where such

person has received treatment and care to any other place for treatment

and care or to such person's home whether such hospital, clinic,

sanatorium or other place where such person has received treatment and

care is within or without the city, town, village or fire district or

the territory listed on the ambulance service certificate or certificate

of registration as the usual territory within which the ambulance

service operates.

b. The town board of a town which does not have a fire department but

in which there is a fire corporation located outside any village, fire

district, fire alarm district or fire protection district, by

resolution, may authorize the emergency rescue and first aid squad of

such fire corporation to furnish general ambulance service for the

purpose of (1) transporting any sick, injured or disabled resident or

person found within the area described in the certificate of

incorporation of the fire corporation to a hospital, clinic, sanatorium

or other place for treatment and care and returning any such person

therefrom if still sick, injured or disabled and (2) transporting any

sick, injured or disabled resident of such described area from a

hospital, clinic, sanatorium or other place where such person has

received treatment and care to any other place for treatment and care or

to such person's home whether such hospital, clinic, sanatorium or other

place where such person has received treatment and care is within or

without the area described in the certificate of incorporation of such

fire corporation or the territory listed on the ambulance service

certificate or certificate of registration as the usual territory within

which the ambulance service operates.

c. The governing board of a city, village or fire district which by

law is authorized to contract to have fire protection furnished for any

district or area thereof by the fire department or fire company of

another city, town, village or fire district, or a town board on behalf

of a fire protection district or fire alarm district, may include in any

fire protection contract a provision for the furnishing of general

ambulance service by the emergency rescue and first aid squad of the

fire department or fire company which furnishes such fire protection.

Such general ambulance service shall be for the purpose of (1)

transporting any sick, injured or disabled resident or person found

within the contract district or area to a hospital, clinic, sanatorium

or other place for treatment and care and returning any such person

therefrom if still sick, injured or disabled and (2) transporting any

sick, injured or disabled resident of such contract district or area

from a hospital, clinic, sanatorium or other place where such person has

received treatment and care to any other place for treatment and care or

to such person's home whether such hospital, clinic, sanatorium or other

place where such person has received treatment and care is within or

without the contract district or area or the territory listed on the

ambulance service certificate or certificate of registration as the

usual territory within which the ambulance service operates. The city,

town, village, fire district or the fire department or fire company

thereof which is authorized to furnish such fire protection pursuant to

contract shall have power to contract to furnish such general ambulance

service.

d. Before any authorization is granted under paragraphs a and b of

this subdivision, or before any contract to furnish general ambulance

service is entered into pursuant to paragraph c of this subdivision, and

before any public hearing is conducted as herein provided, the consents

of the fire department, the fire company and the emergency rescue and

first aid squad to furnish the general ambulance service shall be

obtained. Each consent shall be evidenced by a copy of a resolution

certified, respectively, by the secretary of the fire department and

fire company and by the officer then in command of the emergency rescue

and first aid squad.

e. Before authorizing general ambulance service under paragraphs a and

b of this subdivision the governing board of a city, town, village or

fire district shall conduct a public hearing. Before the governing board

of a city, town, village or fire district enters into a contract for

fire protection which contract, for the first time for a specific

district or area, provides for the furnishing of general ambulance

service pursuant to paragraph c of this subdivision, it shall conduct a

public hearing in the manner required by law, if any, for the entering

into of a fire protection contract therefor, but if a public hearing is

not required in any such case, then the public hearing shall be held as

herein provided and the procedure for publishing notice under this

paragraph shall be applicable. Notice of such hearing shall be published

at least once in a newspaper or newspapers having general circulation in

the city, town, village or fire district, or, in the case of contracts,

in the fire alarm district, fire protection district, or other contract

area. In all cases the notice of hearing shall, in general terms, (1)

describe the general ambulance service which is proposed to be

furnished, (2) describe the area to be served, (3) state the names of

the fire department, fire companies and emergency rescue and first aid

squad affected, (4) state the time and place within the city, town,

village or fire district, or, in the case of contracts, the fire alarm

district, fire protection district, or other contract area, where such

hearing will be held and (5) state that all persons residing within the

area to be served, all persons, firms and corporations owning real

property within the area to be served, and all persons, firms and

corporations whose business interests or employment would either be

benefited or adversely affected, whether or not a resident or owner of

real property within the area to be served, shall have the right to be

heard in person or by representative at the public hearing. Such notice

shall be published at least ten days prior to the date fixed for the

hearing.

f. After the hearing and after considering the statements made at the

hearing the governing board shall determine whether authorizing the

furnishing of general ambulance service, or the entering into of a

contract for general ambulance service, is in the public interest. If

the governing board determines that it is in the public interest to

authorize the furnishing of general ambulance service, or to enter into

a contract for general ambulance service, it shall adopt the resolution

authorizing the same and within ten days thereafter cause a certified

copy of the resolution and the determination on which it is based to be

filed in the office of the clerk of the county or counties in which the

city, town, village or fire district is located. The consents required

by paragraph d of this subdivision shall be filed with such resolution

and determination.

g. The determination of the governing board in relation to the

furnishing of general ambulance service shall be subject to review in

the manner provided in article seventy-eight of the civil practice law

and rules provided that application has been made therefor within thirty

days from the date of the filing thereof. Such determination shall

become final and conclusive and the resolution shall become effective at

the expiration of such thirty days or, if application for review be

made, upon the final determination thereof.

h. When general ambulance service is authorized pursuant to this

subdivision, the emergency rescue and first aid squad shall answer all

calls and demands for such service to be furnished to sick, injured or

disabled persons entitled thereto, subject to such rules and regulations

as shall be prescribed by authorities having control of such squad, and

subject at all times to the emergency needs of the fire department and

any limitations upon such service specified in a fire protection

contract. Such rules and regulations may establish limitations on the

distances which may be traveled outside the area to be served in order

to reach hospitals, clinics, sanatoriums or other places where care and

treatment is to be or has been furnished.

i. Any action taken pursuant to this subdivision may be rescinded by

resolution of the governing board which has taken such action. The term

"resolution", as used in this subdivision two, means resolution,

ordinance, act or local law.

j. The provisions of this subdivision two shall apply to all cities,

towns, villages and fire districts, except where the provisions of a

general or special law expressly prohibit the rendition of general

ambulance service by an emergency rescue and first aid squad of the fire

department thereof.

3. Transportation of persons. Squads and persons authorized to render

service pursuant to this section shall transport sick, injured or

disabled persons only in vehicles owned by or under the control of a

city, town, village, fire district, a fire department or a fire company

unless ordered or permitted to transport such persons in other vehicles

by the authorities having control of the fire department or fire company

of which he is a member.

3-a. Mutual aid. a. The governing board of any city, town which has a

fire department, village or fire district which has in its fire

department an emergency rescue and first aid squad composed mainly of

volunteer firefighters, may, by resolution authorize any such squad to

enter into one or more mutual aid agreements as defined in subdivision

twenty of section three thousand one of the public health law, and/or to

contract with ambulance services as defined in subdivisions two and

three of section three thousand one of the public health law to provide

services when the emergency rescue and first aid squad is unavailable.

b. The town board of a town which does not have a fire department but

in which there is a fire corporation located outside any village, fire

district, fire alarm district or fire protection district may, by

resolution, authorize the emergency rescue and first aid squad of such

fire corporation to enter into one or more mutual aid agreements as

defined in subdivision twenty of section three thousand one of the

public health law, and/or to contract with ambulance services as defined

in subdivisions two and three of section three thousand one of the

public health law to provide services when the emergency rescue and

first aid squad is unavailable.

* 4. Fees and charges authorized. (a) Subject to the restrictions set

forth in paragraph (d) of this subdivision, emergency and general

ambulance service, including emergency medical service as defined in

section three thousand one of the public health law, authorized pursuant

to this section may be furnished without cost to the person served;

provided, however, that the authorities having control of a fire

department or fire company that have authorized such fire department or

fire company to provide such service or services may fix a schedule of

fees or charges to be paid by persons requesting such service or

services. The authorities having control of a fire department or fire

company may provide for the collection of fees and charges or may

formulate rules and regulations for the collection thereof by the fire

department or fire company. When fees and charges are authorized

pursuant to this subdivision, the fees and charges collected shall be

disbursed in accordance with a written contract entered into between the

authority having control of a fire department or fire company and the

fire department or fire company itself. If the authorities having

control of a fire department or fire company have authorized such fire

department or fire company to fix a schedule of fees or charges to be

paid by persons requesting such service or services, and seek

participation in and reimbursement from the medical assistance program,

the authorities having control of a fire department or fire company

shall adhere to any medical assistance enrollment and billing

requirements applicable to such services prior to receiving

reimbursement. The acceptance by any firefighter of any personal

remuneration or gratuity, directly or indirectly, from a person served

shall be a ground for his or her expulsion or suspension as a member of

the fire department or fire company.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, a basic life support service which establishes a schedule

of fees for service shall enter into a contract with a provider or

providers of advanced life support services to provide such advanced

life support services. Such contract shall at a minimum establish the

fees for advanced life support services and the means by which said

provider will be reimbursed when the ambulance service bills for

emergency medical service.

(c) An emergency and general ambulance service, including emergency

medical service as defined in section three thousand one of the public

health law, authorized pursuant to this section which does not issue a

bill for its services and which requests an Advanced Life Support (ALS)

intercept from another ambulance service furnishing service in an area

that is designated as a rural area by any law or regulation of the

state, or that is located in a rural census tract of a metropolitan

statistical area (as determined under the most recent Goldsmith

Modification), shall pay the ambulance service providing the ALS

intercept an ALS Rural Intercept Fee at rates negotiated between the

providers of such services. In the absence of any agreed upon rates, the

service receiving such ALS intercept shall pay the service providing the

ALS intercept for such services at the usual and customary charge, which

shall not be excessive or unreasonable.

(d) An emergency and general ambulance service, including emergency

medical service as defined in section three thousand one of the public

health law, authorized pursuant to this section to fix a schedule of

fees or charges to be paid by persons requesting such service or

services, may apply such fees and charges only within such service's

primary response territory as assigned and evidenced by a valid

ambulance service certificate issued by the commissioner of health

pursuant to section three thousand five of the public health law, on or

before January first, two thousand twenty-two.

(e) An emergency and general ambulance service, including emergency

medical service as defined in section three thousand one of the public

health law, authorized pursuant to this section shall not directly issue

a bill for its services to any uninsured recipient of such services.

* NB Effective until April 9, 2031

* 4. Fees and charges prohibited. Emergency and general ambulance

service authorized pursuant to this section shall be furnished without

cost to the person served. The acceptance by any firefighter of any

personal remuneration or gratuity, directly or indirectly, from a person

served shall be a ground for his or her expulsion or suspension as a

member of the fire department or fire company.

* NB Effective April 9, 2031

5. The term "emergency", as used in this chapter, or in any other law

of general application, in relation to the operations of fire

departments, includes, unless a contrary intent is clearly expressed or

indicated, the search for persons and the search for, and attempts to

recover or the recovery of, bodies of persons even though it is posible

or is known that all hope of life is gone.