2023 New York Laws › GMU - General Municipal › Article 10 - Firefighters and Police Officers › 209-B - Emergency Rescue and First Aid Squads.

§  209-b.  Emergency  rescue and first aid squads. 1. Emergencies.  a.
The authorities having control of fire departments  and  fire  companies
may  organize  within such departments or companies emergency rescue and
first aid squads composed  of  firefighters  who  are  members  of  such
departments or companies. Such squads, so organized, may render services
in case of accidents, calamities or other emergencies in connection with
which  their  services  may be required, as well as in case of alarms of
fire. Whether or not such squads have been  organized,  any  firefighter
may render service in case of accidents, calamities or other emergencies
in  connection  with which the services of firefighters may be required,
as well as in case of alarms of fire, unless he or she shall  have  been
duly  ordered  not  to  render  such  service  by the authorities having
control of the fire department or company  of  which  he  or  she  is  a
member.  If  a  request  for emergency service is made by, or originates
from a doctor or peace officer, acting pursuant to his  or  her  special
duties,  or  police  officer,  and  there  is any doubt as to whether an
emergency exists, the judgment of the doctor or officer that  there  is,
in  fact,  an  emergency may be accepted as conclusive by such squad, or
the firefighter responding, or who  has  responded  to  such  call.  The
person  designated to receive calls for such emergency services, for the
purpose of dispatching such squads or firefighters, shall  determine  in
the  first instance from the information furnished to him or her whether
an emergency exists and his or her decision, if in  good  faith,  as  to
whether  or  not  there  is  an  emergency shall be final in relation to
dispatching  such  squads  or   firefighters.   Any   such   preliminary
determination shall not be deemed to authorize the rendition of services
if,  upon  arriving  at  the place to which dispatched, it is found that
there is no emergency.
b. The governing board of any city, town,  village  or  fire  district
which  has  a  fire  department  but  which has not authorized such fire
department to render emergency ambulance service, may contract  for  the
furnishing to it of emergency ambulance service with another city, town,
village  or  fire district which has in its fire department an emergency
rescue and first aid squad duly authorized to render emergency ambulance
service.  Before any contract to furnish emergency ambulance service  is
entered  into, the consents of the fire department, the fire company and
the emergency rescue and first  aid  squad  to  furnish  such  emergency
ambulance  service shall be obtained. Each consent shall be evidenced by
a copy of a resolution certified respectively by the  secretary  of  the
fire  department  and fire company and by the officer then in command of
the emergency rescue and first aid squad.
2. General ambulance service. a. The governing board of any city, town
which has a fire department, village or fire district which has  in  its
fire  department an emergency rescue and first aid squad composed mainly
of volunteer firefighters, by resolution, may authorize any  such  squad
to furnish general ambulance service for the purpose of (1) transporting
any  sick, injured or disabled resident or person found within the city,
town, village or fire district to  a  hospital,  clinic,  sanatorium  or
other  place  for  treatment  and  care  and  returning  any such person
therefrom if still sick, injured or disabled and  (2)  transporting  any
sick,  injured  or  disabled resident of the city, town, village or fire
district from a hospital, clinic, sanatorium or other place  where  such
person  has received treatment and care to any other place for treatment
and care or  to  such  person's  home  whether  such  hospital,  clinic,
sanatorium  or  other place where such person has received treatment and
care is within or without the city, town, village or  fire  district  or
the territory listed on the ambulance service certificate or certificate

of  registration  as  the  usual  territory  within  which the ambulance
service operates.
b.  The town board of a town which does not have a fire department but
in which there is a fire corporation located outside any  village,  fire
district,   fire   alarm   district  or  fire  protection  district,  by
resolution, may authorize the emergency rescue and first  aid  squad  of
such  fire  corporation  to  furnish  general  ambulance service for the
purpose of (1) transporting any sick, injured or  disabled  resident  or
person   found   within   the  area  described  in  the  certificate  of
incorporation of the fire corporation to a hospital, clinic,  sanatorium
or  other  place  for  treatment  and care and returning any such person
therefrom if still sick, injured or disabled and  (2)  transporting  any
sick,  injured  or  disabled  resident  of  such  described  area from a
hospital, clinic, sanatorium  or  other  place  where  such  person  has
received treatment and care to any other place for treatment and care or
to such person's home whether such hospital, clinic, sanatorium or other
place  where  such  person  has received treatment and care is within or
without the area described in the certificate of incorporation  of  such
fire  corporation  or  the  territory  listed  on  the ambulance service
certificate or certificate of registration as the usual territory within
which the ambulance service operates.
c. The governing board of a city, village or fire  district  which  by
law  is authorized to contract to have fire protection furnished for any
district or area thereof by the  fire  department  or  fire  company  of
another  city, town, village or fire district, or a town board on behalf
of a fire protection district or fire alarm district, may include in any
fire protection contract a  provision  for  the  furnishing  of  general
ambulance  service  by  the  emergency rescue and first aid squad of the
fire department or fire company which furnishes  such  fire  protection.
Such  general  ambulance  service  shall  be  for  the  purpose  of  (1)
transporting any sick, injured or  disabled  resident  or  person  found
within  the  contract district or area to a hospital, clinic, sanatorium
or other place for treatment and care  and  returning  any  such  person
therefrom  if  still  sick, injured or disabled and (2) transporting any
sick, injured or disabled resident of such  contract  district  or  area
from a hospital, clinic, sanatorium or other place where such person has
received treatment and care to any other place for treatment and care or
to such person's home whether such hospital, clinic, sanatorium or other
place  where  such  person  has received treatment and care is within or
without the contract district or area or the  territory  listed  on  the
ambulance  service  certificate  or  certificate  of registration as the
usual territory within which the ambulance service operates.  The  city,
town,  village,  fire  district  or  the fire department or fire company
thereof which is authorized to furnish such fire protection pursuant  to
contract  shall have power to contract to furnish such general ambulance
service.
d. Before any authorization is granted under paragraphs  a  and  b  of
this  subdivision,  or  before any contract to furnish general ambulance
service is entered into pursuant to paragraph c of this subdivision, and
before any public hearing is conducted as herein provided, the  consents
of  the  fire  department, the fire company and the emergency rescue and
first aid squad to  furnish  the  general  ambulance  service  shall  be
obtained.  Each  consent  shall  be  evidenced by a copy of a resolution
certified, respectively, by the secretary of  the  fire  department  and
fire  company and by the officer then in command of the emergency rescue
and first aid squad.
e. Before authorizing general ambulance service under paragraphs a and
b of this subdivision the governing board of a city,  town,  village  or

fire district shall conduct a public hearing. Before the governing board
of  a  city,  town,  village or fire district enters into a contract for
fire protection which contract,  for  the  first  time  for  a  specific
district  or  area,  provides  for  the  furnishing of general ambulance
service pursuant to paragraph c of this subdivision, it shall conduct  a
public  hearing  in the manner required by law, if any, for the entering
into of a fire protection contract therefor, but if a public hearing  is
not  required in any such case, then the public hearing shall be held as
herein provided and the  procedure  for  publishing  notice  under  this
paragraph shall be applicable. Notice of such hearing shall be published
at least once in a newspaper or newspapers having general circulation in
the  city, town, village or fire district, or, in the case of contracts,
in the fire alarm district, fire protection district, or other  contract
area.  In  all  cases the notice of hearing shall, in general terms, (1)
describe  the  general  ambulance  service  which  is  proposed  to   be
furnished,  (2)  describe  the area to be served, (3) state the names of
the fire department, fire companies and emergency rescue and  first  aid
squad  affected,  (4)  state  the  time and place within the city, town,
village or fire district, or, in the case of contracts, the  fire  alarm
district,  fire  protection district, or other contract area, where such
hearing will be held and (5) state that all persons residing within  the
area  to  be  served,  all  persons,  firms and corporations owning real
property within the area to  be  served,  and  all  persons,  firms  and
corporations  whose  business  interests  or  employment would either be
benefited or adversely affected, whether or not a resident or  owner  of
real  property  within the area to be served, shall have the right to be
heard in person or by representative at the public hearing. Such  notice
shall  be  published  at  least ten days prior to the date fixed for the
hearing.
f. After the hearing and after considering the statements made at  the
hearing  the  governing  board  shall  determine whether authorizing the
furnishing of general ambulance service,  or  the  entering  into  of  a
contract  for  general  ambulance service, is in the public interest. If
the governing board determines that it is  in  the  public  interest  to
authorize  the furnishing of general ambulance service, or to enter into
a contract for general ambulance service, it shall adopt the  resolution
authorizing  the  same  and within ten days thereafter cause a certified
copy of the resolution and the determination on which it is based to  be
filed  in the office of the clerk of the county or counties in which the
city, town, village or fire district is located. The  consents  required
by  paragraph  d of this subdivision shall be filed with such resolution
and determination.
g. The determination  of  the  governing  board  in  relation  to  the
furnishing  of  general  ambulance service shall be subject to review in
the manner provided in article seventy-eight of the civil  practice  law
and rules provided that application has been made therefor within thirty
days  from  the  date  of  the  filing thereof. Such determination shall
become final and conclusive and the resolution shall become effective at
the expiration of such thirty days or,  if  application  for  review  be
made, upon the final determination thereof.
h.  When  general  ambulance  service  is  authorized pursuant to this
subdivision, the emergency rescue and first aid squad shall  answer  all
calls  and  demands for such service to be furnished to sick, injured or
disabled persons entitled thereto, subject to such rules and regulations
as shall be prescribed by authorities having control of such squad,  and
subject  at  all times to the emergency needs of the fire department and
any limitations  upon  such  service  specified  in  a  fire  protection
contract.  Such  rules  and regulations may establish limitations on the

distances which may be traveled outside the area to be served  in  order
to  reach hospitals, clinics, sanatoriums or other places where care and
treatment is to be or has been furnished.
i.  Any  action taken pursuant to this subdivision may be rescinded by
resolution of the governing board which has taken such action. The  term
"resolution",  as  used  in  this  subdivision  two,  means  resolution,
ordinance, act or local law.
j. The provisions of this subdivision two shall apply to  all  cities,
towns,  villages  and  fire  districts, except where the provisions of a
general or special law  expressly  prohibit  the  rendition  of  general
ambulance service by an emergency rescue and first aid squad of the fire
department thereof.
3.  Transportation of persons. Squads and persons authorized to render
service pursuant to  this  section  shall  transport  sick,  injured  or
disabled  persons  only  in  vehicles owned by or under the control of a
city, town, village, fire district, a fire department or a fire  company
unless  ordered or permitted to transport such persons in other vehicles
by the authorities having control of the fire department or fire company
of which he is a member.
3-a. Mutual aid. a. The governing board of any city, town which has  a
fire  department,  village  or  fire  district  which  has  in  its fire
department an emergency rescue and first aid squad  composed  mainly  of
volunteer  firefighters,  may, by resolution authorize any such squad to
enter into one or more mutual aid agreements as defined  in  subdivision
twenty of section three thousand one of the public health law, and/or to
contract  with  ambulance  services  as  defined in subdivisions two and
three of section three thousand one of the public health law to  provide
services when the emergency rescue and first aid squad is unavailable.
b.  The town board of a town which does not have a fire department but
in which there is a fire corporation located outside any  village,  fire
district,  fire  alarm  district  or  fire  protection  district may, by
resolution, authorize the emergency rescue and first aid squad  of  such
fire  corporation  to  enter  into  one or more mutual aid agreements as
defined in subdivision twenty of  section  three  thousand  one  of  the
public health law, and/or to contract with ambulance services as defined
in  subdivisions  two  and  three  of  section three thousand one of the
public health law to provide services  when  the  emergency  rescue  and
first aid squad is unavailable.
* 4.  Fees and charges authorized. (a) Subject to the restrictions set
forth in paragraph  (d)  of  this  subdivision,  emergency  and  general
ambulance  service,  including  emergency  medical service as defined in
section three thousand one of the public health law, authorized pursuant
to this section may be furnished without  cost  to  the  person  served;
provided,  however,  that  the  authorities  having  control  of  a fire
department or fire company that have authorized such fire department  or
fire  company  to provide such service or services may fix a schedule of
fees or charges to  be  paid  by  persons  requesting  such  service  or
services.  The  authorities  having control of a fire department or fire
company may provide for the  collection  of  fees  and  charges  or  may
formulate  rules  and regulations for the collection thereof by the fire
department or  fire  company.  When  fees  and  charges  are  authorized
pursuant  to  this  subdivision, the fees and charges collected shall be
disbursed in accordance with a written contract entered into between the
authority having control of a fire department or fire  company  and  the
fire  department  or  fire  company  itself.  If  the authorities having
control of a fire department or fire company have authorized  such  fire
department  or  fire  company to fix a schedule of fees or charges to be
paid  by  persons  requesting  such  service  or  services,   and   seek

participation  in and reimbursement from the medical assistance program,
the authorities having control of a  fire  department  or  fire  company
shall   adhere   to   any  medical  assistance  enrollment  and  billing
requirements   applicable   to   such   services   prior   to  receiving
reimbursement.  The  acceptance  by  any  firefighter  of  any  personal
remuneration  or  gratuity, directly or indirectly, from a person served
shall be a ground for his or her expulsion or suspension as a member  of
the fire department or fire company.
(b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this
subdivision, a basic life support service which establishes  a  schedule
of  fees  for  service  shall  enter  into a contract with a provider or
providers of advanced life support services  to  provide  such  advanced
life  support  services.  Such contract shall at a minimum establish the
fees for advanced life support services and  the  means  by  which  said
provider  will  be  reimbursed  when  the  ambulance  service  bills for
emergency medical service.
(c) An emergency and general ambulance  service,  including  emergency
medical  service  as defined in section three thousand one of the public
health law, authorized pursuant to this section which does not  issue  a
bill  for its services and which requests an Advanced Life Support (ALS)
intercept from another ambulance service furnishing service in  an  area
that  is  designated  as  a  rural  area by any law or regulation of the
state, or that is located in a rural  census  tract  of  a  metropolitan
statistical   area  (as  determined  under  the  most  recent  Goldsmith
Modification),  shall  pay  the  ambulance  service  providing  the  ALS
intercept  an  ALS  Rural  Intercept Fee at rates negotiated between the
providers of such services. In the absence of any agreed upon rates, the
service receiving such ALS intercept shall pay the service providing the
ALS intercept for such services at the usual and customary charge, which
shall not be excessive or unreasonable.
(d) An emergency and general ambulance  service,  including  emergency
medical  service  as defined in section three thousand one of the public
health law, authorized pursuant to this section to  fix  a  schedule  of
fees  or  charges  to  be  paid  by  persons  requesting such service or
services, may apply such fees and charges  only  within  such  service's
primary  response  territory  as  assigned  and  evidenced  by  a  valid
ambulance service certificate  issued  by  the  commissioner  of  health
pursuant  to section three thousand five of the public health law, on or
before January first, two thousand twenty-two.
(e) An emergency and general ambulance  service,  including  emergency
medical  service  as defined in section three thousand one of the public
health law, authorized pursuant to this section shall not directly issue
a bill for its services to any uninsured recipient of such services.
* NB Effective until April 9, 2026
* 4. Fees and charges  prohibited.  Emergency  and  general  ambulance
service  authorized  pursuant to this section shall be furnished without
cost to the person served. The acceptance  by  any  firefighter  of  any
personal remuneration or gratuity, directly or indirectly, from a person
served  shall  be  a  ground for his or her expulsion or suspension as a
member of the fire department or fire company.
* NB Effective April 9, 2026
5. The term "emergency", as used in this chapter, or in any other  law
of   general   application,  in  relation  to  the  operations  of  fire
departments, includes, unless a contrary intent is clearly expressed  or
indicated,  the  search  for persons and the search for, and attempts to
recover or the recovery of, bodies of persons even though it is  posible
or is known that all hope of life is gone.