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S04637 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4637
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 13, 2023
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the public health law and the education law, in relation
          to authorizing emergency medical service personnel  to  provide  basic
          first aid to cats and dogs under certain circumstances

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 3013 of the public health law is amended by  adding
     2  three new subdivisions 7, 8 and 9 to read as follows:
     3    7.  No  certified  first  responder,  emergency medical technician, or
     4  advanced emergency medical technician acting in accordance with  section
     5  three  thousand  eighteen  of this article, nor any ambulance service or
     6  advanced life support first response service of which such person  is  a
     7  member  or  employee,  who, in the course of responding to an emergency,
     8  renders basic first aid to a dog or cat pursuant to such section,  shall
     9  have any civil liability or have any liability for violating article one
    10  hundred  thirty-five  of  the  education  law, for the provision of such
    11  care, or any damages to or death of any  dog  or  cat  alleged  to  have
    12  occurred  by  reason  of  an  act  or omission in rendering such medical
    13  assistance in an emergency unless it is established that  such  injuries
    14  were  or  such  death was caused by gross negligence on the part of such
    15  certified first responder,  emergency  medical  technician  or  advanced
    16  emergency medical technician.
    17    8.  Notwithstanding any provision of law to the contrary, any licensed
    18  veterinarian who provides  off-site  instruction,  pursuant  to  section
    19  three  thousand eighteen of this article, to any certified first respon-
    20  der, emergency medical technician or advanced emergency medical  techni-
    21  cian  providing  basic first aid to a dog or cat shall not be liable for
    22  damages for injuries or death alleged to have been sustained by any  dog
    23  or  cat  as  a  result of such instruction unless it is established that
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08717-01-3

        S. 4637                             2
 
     1  such injuries or death were caused by gross negligence on  the  part  of
     2  such licensed veterinarian.
     3    9.  The  commissioner  of  education  shall promulgate rules and regu-
     4  lations for the provision of basic first aid to dogs and cats  by  emer-
     5  gency medical care personnel pursuant to this section.
     6    §  2. The public health law is amended by adding a new section 3018 to
     7  read as follows:
     8    § 3018. Basic first aid to dogs and cats. 1. In the course of respond-
     9  ing to any emergency, a certified  first  responder,  emergency  medical
    10  technician  or  advanced emergency medical technician may, in accordance
    11  with the rules and regulations of the commissioner of education, provide
    12  basic first aid to a dog or cat prior to the transfer of such animal  to
    13  the  care  of  a  licensed veterinarian. The basic first aid provided to
    14  cats and dogs pursuant to this section shall be limited to  the  follow-
    15  ing,  if  the certified first responder, emergency medical technician or
    16  advanced emergency medical technician is able and authorized to  provide
    17  such care to a human:
    18    (a) opening and manually maintaining an airway;
    19    (b) providing mouth to mouth or mouth to barrier ventilation;
    20    (c) administering oxygen;
    21    (d) managing ventilation by mask;
    22    (e) controlling hemorrhage with direct pressure;
    23    (f) immobilizing fractures;
    24    (g) bandaging; and
    25    (h)  administering  naloxone hydrochloride to the extent authorized by
    26  law, rule or regulation and as directed by a licensed veterinarian.
    27    2. To the extent practicable, each certified first responder, emergen-
    28  cy medical technician or advanced emergency medical  technician,  during
    29  the course of providing basic first aid to a dog or cat pursuant to this
    30  section,  shall communicate with a licensed veterinarian for the purpose
    31  of consulting upon the provision of such care.
    32    3. The commissioner of education shall promulgate such rules and regu-
    33  lations as shall be  necessary  to  implement  the  provisions  of  this
    34  section.
    35    §  3.  Section  6702  of  the education law is amended by adding a new
    36  subdivision 3 to read as follows:
    37    3. Licensed veterinarians may provide  instruction  to  any  certified
    38  first  responder,  emergency  medical  technician  or advanced emergency
    39  medical technician providing basic first aid to a dog or cat pursuant to
    40  section three thousand eighteen of the public health law.
    41    § 4. The opening paragraph of section 6703 of  the  education  law  is
    42  designated  subdivision  1  and  a new subdivision 2 is added to read as
    43  follows:
    44    2. The commissioner shall promulgate rules  and  regulations  for  the
    45  provision  of basic first aid to dogs and cats by emergency medical care
    46  personnel pursuant to section three  thousand  eighteen  of  the  public
    47  health law.
    48    §  5.  Section  6705  of  the education law is amended by adding a new
    49  subdivision 16 to read as follows:
    50    16. A certified  first  responder,  emergency  medical  technician  or
    51  advanced  emergency  medical technician providing basic first aid to the
    52  extent authorized by section  three  thousand  eighteen  of  the  public
    53  health law.
    54    §  6. This act shall take effect one year after it shall have become a
    55  law.
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