2023 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.
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.