NY Pub Health L § 3002 (2021)
2021 New York Laws PBH - Public Health Article 30 - Emergency Medical Services 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.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.