N.Y. Public Health Law § 3002-a: State emergency medical advisory committee

§ 3002-a. State emergency medical advisory committee. 1. There shall

be a state emergency medical advisory committee of the state emergency

medical services council consisting of thirty-one members. Twenty-three

members shall be physicians appointed by the commissioner, including one

nominated by each regional emergency medical services council, an

additional physician from the city of New York, one pediatrician, one

trauma surgeon, one psychiatrist and the chairperson. Each of the

physicians shall have demonstrated knowledge and experience in emergency

medical services. There shall be eight non-physician non-voting members

appointed by the chairperson of the state council, at least five of whom

shall be members of the state emergency medical services council at the

time of their appointment. At least one of the eight shall be an

emergency nurse, at least one shall be an advanced emergency medical

technician, at least one shall be a basic emergency medical technician,

and at least one shall be employed in a hospital setting with

administrative responsibility for a hospital emergency department or

service.

2. The committee shall develop and recommend to the state council

statewide minimum standards for: (a) medical control; (b) treatment,

transportation and triage protocols, including protocols for invasive

procedures and infection control; and (c) the use of regulated medical

devices and drugs by emergency medical services personnel certified

pursuant to this article. The state emergency medical advisory

committee, with the consent of the commissioner, may issue advisory

guidelines in any of these areas, which shall not have the force and

effect of law unless adopted as rules and regulations by the state

emergency medical services council. The state emergency medical advisory

committee shall advise the state emergency medical services council

prior to the issuance of any guidelines. The committee shall also review

protocols developed by regional emergency medical advisory committees

for consistency with statewide standards.

2-a. Any decision of the state emergency medical advisory committee

regarding medical control, protocols for treatment, triage, or

transportation, or the use of regulated medical devices may be appealed

to the commissioner by any required regional emergency medical services

council, regional emergency medical advisory committee, ambulance

service or advanced life support service, or certified first responder,

emergency medical technician, or advanced emergency medical technician

adversely affected.

3. Each member shall have a term of two years, except that five of

those first appointed shall have a term of three years. Members may

succeed themselves.

4. The committee 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 committee 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.

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

officer or employee of the committee 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 committee, 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.