2023 New York Laws › PBH - Public Health › Article 30 - Emergency Medical Services › 3003 - Regional Emergency Medical Services Councils.

§   3003.   Regional  emergency  medical  services  councils.  1.  The
commissioner, with the approval of the state  council,  shall  designate
regional emergency medical services councils on or before January first,
nineteen  hundred  seventy-eight  but  in  no  event shall the number of
regional councils exceed  eighteen.  Such  regional  councils  shall  be
established  on  the  basis  of  application for designation as regional
councils submitted by local organizations,  the  members  of  which  are
knowledgeable  in  various  aspects  of emergency medical services. Such
application shall describe the geographic area to be served and  contain
a  list  of  nominees  for  appointment  to  membership on such regional
councils and a statement as to the proposed method of operation in  such
detail  as  the  commissioner,  with  the approval of the state council,
shall prescribe.
1-a. Each regional emergency medical services council shall advise the
state emergency medical services council and department on  such  issues
as  the  state  emergency  medical  services  council  or department may
require,  related  to  the  provision  of  emergency  medical   service,
specialty care, designated facility care, and disaster medical care, and
shall  carry  out duties to assist in the regional coordination of such,
as outlined  by  the  state  emergency  medical  services  council  with
approval of the department.
2.  Each  regional  council shall be comprised of at least fifteen but
not  more  than  thirty  members  to  be  initially  appointed  by   the
commissioner,  with  the approval of the state council, from nominations
submitted by local  organizations  applying  for  establishment  as  the
regional  council.    Not  less  than one-third of the membership of the
regional councils shall be representatives of ambulance services and the
remaining membership of the regional councils shall consist of, but  not
be  limited to, representatives of existing local emergency medical care
committees, physicians, nurses,  hospitals,  health  planning  agencies,
fire  department emergency and rescue squads, public health officers and
the general public. The county EMS coordinator, established pursuant  to
section  two  hundred  twenty-three-b  of  the county law, of any county
within the region shall serve as an ex officio member  of  the  regional
council;  provided, however, nothing in this subdivision shall prevent a
county EMS coordinator from serving as a voting  member  of  a  regional
council.    Members  of  each regional council shall be residents living
within the geographic area to be served by  the  regional  council.  The
presence of a majority of members shall constitute a quorum.
3. Each regional council shall have the power to:
(a) have a seal and alter the same at pleasure;
(b) acquire, lease, hold, and dispose of real and personal property or
any interest therein for its purposes;
(c)   make  and  alter  by-laws  for  its  organization  and  internal
management, and rules and regulations  governing  the  exercise  of  its
powers  and  the  fulfillment  of  its purposes under this article; such
rules and regulations must be filed with the secretary of state and  the
state EMS council;
(d) enter into contracts for employment of such officers and employees
as  it  may  require  for  the performance of its duties; and to fix and
determine their qualifications, duties, and compensation, and to  retain
and  employ  such  personnel  as  may  be required for its purposes; and
private consultants on a contract basis or otherwise, for the  rendering
of professional or technical services and advice;
(e)  enter  into  contracts,  leases, and subleases and to execute all
instruments necessary or convenient for the  conduct  of  its  business,
including  contracts  with  the  commissioner  and  any  state agency or

municipal entity; and contracts with hospitals and  physicians  for  the
purposes of carrying out its powers under this article;
(f)  undertake  or cause to be undertaken plans, surveys, analyses and
studies necessary, convenient or desirable for the effectuation  of  its
purposes  and  powers,  and  to  prepare  recommendations and reports in
regard thereto;
(g) fix and collect reasonable fees, rents, and other charges for  the
use of its equipment and the provision of its services;
(h)  contract  for  and  to  accept any gifts or grants, subsidies, or
loans of funds or property, or financial or other aid in any  form  from
the  federal  or  state  government  or  any  agency  or instrumentality
thereof; or from any other source, public or  private,  and  to  comply,
subject to the provisions of this article, with the terms and conditions
thereof;  provided,  however, that the councils may contract for payment
of debt evidenced by bonds or notes or other evidence  of  indebtedness,
either directly or through a lease purchase agreement;
(i)  recommend  to the department approval of training course sponsors
within its region, and to develop, promulgate and implement annually  an
EMS training plan which addresses the needs of its region;
(j) enter into contracts or memoranda of agreement with other regional
councils  to  provide  services in a joint or cooperative manner; and to
enter into contracts or memoranda  of  agreement  with  an  EMS  program
agency  to  carry  out  one  or  more of its responsibilities under this
article;
(k) procure insurance against any loss or liability in connection with
the use, management, maintenance, and operation  of  its  equipment  and
facilities,  in  such  amounts  and  from such insurers as it reasonably
deems necessary;
(l) approve regional medical advisory committee nominees;
(m)  provide  focused  technical  assistance  and  support  to   those
voluntary  ambulance services operating under exemptions, to assist such
services  in  progressing  toward  the  uniform  standards   established
pursuant to this section. Such assistance and support shall include, but
not be limited to, volunteer recruitment and management training; and
(n) do all things necessary, convenient and desirable to carry out its
purposes and for the exercise of the powers granted in this article.
4.  Each  regional council shall have the responsibility to coordinate
emergency medical services programs within its region, including but not
limited to, the establishment of emergency  medical  technician  courses
and  the  issuance  of uniform emergency medical technician insignia and
certificates. Such training courses shall be made available by video  or
computer to the maximum extent possible.
5.  The  regional  council  shall  have  the  responsibility  to  make
determinations of  public  need  for  the  establishment  of  additional
emergency  medical  services  and  ambulance  services  and  to make the
determinations of public need as  provided  in  section  three  thousand
eight.  The  regional  council  shall  make  such  determination  by  an
affirmative vote of a majority of all of  those  members  consisting  of
voting members.
5-a.  The regional emergency medical services council is authorized to
grant an exemption from the staffing  standards  set  forth  in  section
three  thousand  five-a of this article to a voluntary ambulance service
operating  solely  with  enrolled  members  or  paid  emergency  medical
technicians  which  has  demonstrated  a  good  faith effort to meet the
standards and is unable to meet such standards because of factors deemed
appropriate by the regional council. An exemption shall be for a  period
not to exceed two years and shall be conditioned on the participation by
the  voluntary  service  in  a program to achieve compliance which shall

include technical assistance  and  support  from  the  regional  council
tailored  to  the needs and resources at the local level, as provided by
paragraph (m) of subdivision three of this section, to be funded by  the
New  York  state emergency medical services training account established
pursuant to section  ninety-seven-q  of  the  state  finance  law,  such
account  as  funded  by  a  chapter  of  the  laws  of  nineteen hundred
ninety-three. Nothing shall prevent the regional  council  from  issuing
subsequent  exemptions.  Such exemptions shall have no effect whatsoever
on the insurability of the organization  receiving  such  exemption  and
such  exemption  shall  not  be used as a basis for increasing insurance
rates or premiums related thereto, notwithstanding any  other  provision
of  law,  rule,  regulation, or commissioner's ruling or advisory to the
contrary. Prior to issuing an  exemption,  the  regional  council  shall
provide written notice by certified mail to the chief executive officers
of  all  general  hospitals and municipalities in the county or counties
within which the service requesting an exemption operates.  Such  notice
shall  provide opportunity for comment on the issuance of the exemption.
Notice of the determination of the regional council  shall  be  provided
within  ten  days of the determination to the applicant, the department,
and any party receiving notification of  the  application  who  requests
notice  of  the  determination.  The  applicant,  the department, or any
concerned party may appeal the determination of the regional council  to
the  state  council  within thirty days after the regional council makes
its determination.
6. The term of office of members of the regional council shall be four
years, except that of those members first appointed, at  least  one-half
but not more than two-thirds shall be for terms not to exceed two years.
7.  Each regional council shall meet as frequently as its business may
require.
8. The  commissioner,  upon  request  of  the  regional  council,  may
designate  an  officer or employee of the department to act as secretary
of the regional council, and may assign from time  to  time  such  other
employees as the regional council may require.
9.  No  civil action shall be brought in any court against any member,
officer or employee of any designated regional council for any act done,
failure to act, or statement or  opinion  made,  while  discharging  his
duties as a member, officer or employee of the regional council, without
leave  from  a  justice of the supreme court, first had and obtained. In
any event such member, officer or  employee  shall  not  be  liable  for
damages  in  any  such action if he shall have acted in good faith, with
reasonable care and upon probable cause.
10. (a) The department shall provide each regional  council  with  the
funds  necessary  to  enable  such  regional  council  to  carry out its
responsibilities  as  mandated  under  this   section   within   amounts
appropriated therefor.
(b) Such funds shall be provided upon approval by the department of an
application  submitted  by  a  regional  council.  The application shall
contain such information and be in such form as the  commissioner  shall
require  pursuant  to  rules  and  regulations which he shall promulgate
after consultation with  the  state  council  in  order  to  effect  the
purposes and provisions of this subdivision.