N.Y. Public Health Law § 3002: New York state emergency medical services council

§ 3002. New York state emergency medical services council. 1. There is

hereby created in the department of health the New York state emergency

medical services council. The state council shall consist of thirty-two

members. Fourteen members to the state council shall be appointed by the

commissioner and shall be representative of each geographic area of the

state. At least one member shall be representative of the interests of

the general public. Other members shall be knowledgeable in various

aspects of emergency medical services and shall include, but not be

limited to, representatives of voluntary ambulance services, advanced

life support first response services, ambulance services operating for

profit, municipal ambulance services, hospitals, a statewide

organization representing volunteer fire services, municipal tax

districts providing ambulance services, physicians, and nurses. The

commissioner shall also appoint a representative from each regional

council, from nominations received from the appropriate regional

council. The members of the state council shall elect a chairperson from

among the members of the state council by a majority vote of those

present, who shall serve for a term of one year and until a successor is

elected.

1-a. The state emergency medical services council shall advise and

assist the commissioner on such issues as the commissioner may require

related to the provision of emergency medical service, specialty care,

designated facility care, and disaster medical care. This shall include,

but shall not be limited to, the recommendation, periodic revision, and

application of rules and regulations, appropriateness review standards,

treatment protocols, workforce development, and quality improvement

standards. The state emergency medical services council shall meet at

least three times per year or more frequently at the request of the

chairperson or department and approved by the commissioner.

2. The state council shall have the power, by an affirmative vote of a

majority of those present, subject to approval by the commissioner, to

enact, and from time to time, amend and repeal, rules and regulations

establishing minimum standards for ambulance services, ambulance service

certification, advanced life support first response services, the

provision of prehospital emergency medical care, public education, the

development of a statewide emergency medical services system, the

provision of ambulance services outside the primary territory specified

in the ambulance services' certificate and the training, examination,

and certification of certified first responders, emergency medical

technicians, and advanced emergency medical technicians; provided,

however, that such minimum standards must be consistent with the

staffing standards established by section three thousand five-a of this

article. Such training shall be made available by video or computer to

the maximum extent possible. Until January first, nineteen hundred

ninety-seven, no minimum standards shall be established for services

provided by a voluntary ambulance service operating solely pursuant to a

statement of registration issued under section three thousand four. The

curriculum for certified first responder training shall not exceed

fifty-one hours including prerequisites. The state council shall have

the same powers granted to regional councils by this article in any

region of the state in which a regional council has not been

established.

2-a. In furtherance of the powers set forth in subdivision two of this

section, the state council shall provide to the trustees of the state

university of New York such information and recommendations as may be

requested by such trustees to assist such trustees' study of the

feasibility of community colleges' and state university of New York

agricultural and technical colleges' offering credit and noncredit

courses which would satisfy the educational requirements for

certification and recertification of emergency medical technicians and

advanced emergency medical technicians.

2-b. The commissioner, in consultation with the state emergency

medical services council, shall develop a program to allow certified

first responders, emergency medical technicians and advanced emergency

medical technicians who have been in continuous practice, who have

demonstrated competence in applicable behavioral and performance

objectives, and who have demonstrated completion of appropriate

continuing education, to renew their certification under subdivision two

of this section without requiring the completion of a written

examination. In implementing this program, the commissioner shall

contract with and use the standards established by a nationally

recognized organization that certifies certified first responders,

emergency medical technicians and advanced emergency medical

technicians. Renewals of certification under the program shall be deemed

equivalent to renewals under subdivision two of this section for

purposes of this article.

3. Upon appeal from the appropriate regional council, the state

council shall have the power, by an affirmative vote of a majority of

those present, to amend, modify and reverse determinations of the

regional councils made pursuant to subdivision five of section three

thousand three and section three thousand eight of this article. All

determinations of the state council respecting applications for

ambulance service certificates or statements of registration or

respecting the revocation, suspension (except temporary suspension),

limitation or annulment of an ambulance service certificate shall be

subject to review as provided in article seventy-eight of the civil

practice law and rules. Application for such review must be made within

sixty days after service in person or by registered or certified mail of

a copy of the determination upon the applicant or holder of the

certificate.

3-a. Upon appeal from the applicant, the department, or any concerned

party, the state council shall have the power, by an affirmative vote of

a majority of those present, to amend, modify and reverse determinations

of the regional councils made pursuant to subdivision five-a of section

three thousand three of this article. All determinations of the state

council with respect to exemptions shall be subject to review as

provided in article seventy-eight of the civil practice law and rules.

Application for such review must be made within sixty days after service

in person or by registered or certified mail.

4. The term of office of each member shall be two years. Vacancies

shall be filled by appointment for the remainder of an unexpired term.

The members shall continue in office until the expiration of their terms

and until their successors are appointed and have qualified. No member

shall be appointed to the state council for more than four consecutive

terms.

5. The state council shall meet as frequently as its business may

require. The presence of a majority of the members shall constitute a

quorum. The members of the state council shall receive no compensation

for their services as members, but each shall be allowed the necessary

and actual expenses incurred in the performance of his or her duties

under this section.

6. The commissioner, upon request of the state council, shall

designate an officer or employee of the department to act as secretary

of the state council, and shall assign from time to time such other

employees as the state council may require.

7. No civil action shall be brought in any court against any member,

officer or employee of the state council for any act done, failure to

act, or statement or opinion made, while discharging his or her duties

as a member, officer or employee of the state council, without leave

from a justice of the supreme court, first had and obtained. In no event

shall such member, officer or employee be liable for damages in any such

action if he or she shall have acted in good faith, with reasonable care

and upon probable cause.

8. The state council shall, after consultation with the department and

the regional councils, forward to the commissioner not later than

December first an estimate of the amounts needed to provide adequate

funding for emergency medical services training including advanced life

support at the local level, regional medical emergency services

councils, emergency medical services program agencies, the state

emergency medical services council or other emergency medical services

training programs to carry out the purposes of this article and article

thirty-A of this chapter. Such estimate shall be transmitted without

change by the commissioner to the governor, the division of the budget,

the temporary president of the senate, the speaker of the assembly, and

the fiscal and health committees of each house of the legislature.