N.Y. Public Health Law § 3011: Powers and duties of the department and the commissioner

§ 3011. Powers and duties of the department and the commissioner. 1.

The department may inquire into the operation of ambulance services and

advanced life support first response services and conduct periodic

inspections of facilities, communication services, vehicles, methods,

procedures, materials, staff and equipment. It may also evaluate data

received from ambulance services and advanced life support first

response services.

2. The department may require ambulance services and advanced life

support first response services to submit periodic reports of calls

received, services performed and such other information as may be

necessary to carry out the provisions of this article.

3. The commissioner, with the advice and consent of the state council,

shall designate not more than eighteen geographic areas within the state

wherein a regional emergency medical services council shall be

established. In making the determination of a geographic area, the

commissioner shall take into consideration the presence of ambulance

services, hospital facilities, existing emergency medical services

committees, trained health personnel, health planning agencies and

communication and transportation facilities; and shall establish

separate regional emergency medical services councils for the counties

of Nassau and Westchester. The commissioner shall promote and encourage

the establishment of a regional emergency medical services council in

each of said designated areas.

3-a. Notwithstanding any inconsistent provision of this article:

a. The creation of any regional council or emergency medical services

program agency on or after January first, two thousand shall not

diminish any then existing funding appropriated after the effective date

of this subdivision to regional councils or emergency medical services

program agencies;

b. Subject to the provisions of paragraph c of this subdivision,

funding for regional councils and emergency medical services program

agencies existing on or after January first, two thousand shall be

increased in proportion to any funding appropriated therefor by the

department and in such proportion as determined by the department;

c. Funding for any regional council or emergency medical services

program agency created on or after January first, two thousand shall be

in addition to any funds appropriated on the effective date of this

subdivision for regional councils or emergency medical services program

agencies existing on January first, two thousand. Funding for any

regional council or emergency medical services program agency created

after January first, two thousand shall be in an amount at least equal

to the minimum funding level appropriated to regional councils or

emergency medical services program agencies existing on such date, or in

an amount equal to the proportion that such new regional council or

emergency medical services program agency represented on the basis of

population in its former regional council or emergency medical services

program agency, whichever is larger.

4. The commissioner may propose rules and regulations and amendments

thereto for consideration by the state council. The commissioner shall

establish a schedule of certification fees for ambulance services and

advanced life support first response services other than voluntary

ambulance services and voluntary advanced life support first response

services.

5. For the purpose of promoting the public health, safety and welfare

the commissioner is hereby authorized and empowered to contract with

voluntary ambulance services and municipal ambulance services, or with

the fire commissioners of fire districts operating voluntary ambulance

services, upon such terms and conditions as he shall deem appropriate

and within amounts made available therefor, for reimbursement of the

necessary and incidental costs incurred by such ambulance services in

order to effectuate the provisions of this article.

6. The commissioner is hereby authorized, for the purposes of

effectuating the provisions of this article in the development of a

statewide emergency medical service system, to contract with any

ambulance service or with the fire commissioners of fire districts

operating certified voluntary ambulance services for the use of

necessary equipment upon such terms and conditions as the commissioner

shall deem appropriate.

7. The commissioner may recommend to the state council minimum

qualifications for certified first responders (which shall not exceed

fifty-one hours), emergency medical technicians and advanced emergency

medical technicians in all phases of emergency medical technology

including but not limited to, communications, first aid, equipment,

maintenance, emergency techniques and procedures, patient management and

knowledge of procedures and equipment for emergency medical care.

8. The commissioner shall provide every certified ambulance service

and advanced life support first response service with an official

insignia which may be attached to every vehicle owned or operated by a

certified ambulance service or advanced life support first response

service.

9. The department shall provide the state council with such assistance

as the council may request in order to carry out its responsibilities as

set forth in subdivision two-a of section three thousand two of this

article.

10. The commissioner is hereby authorized and empowered to extend the

certification for emergency medical technicians, advanced emergency

medical technicians or certified first responders who have been ordered

to active military duty, other than for training, on or after the

eleventh day of September, two thousand one and whose certification will

expire during their military duty or within the six months immediately

following separation from military service. The extended certification

shall be for the period of military duty and for twelve months after

they have been released from active military duty.

11. The commissioner, with the advice and consent of the state

council, shall promulgate rules and regulations necessary to ensure

compliance with the provisions of subdivision two of section sixty-seven

hundred thirteen of the education law.