NY Pub Health L § 3011 (2021)
2021 New York Laws PBH - Public Health Article 30 - Emergency Medical Services 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.