•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A10569 Summary:

BILL NOA10569
 
SAME ASSAME AS S09851
 
SPONSORRules (Otis)
 
COSPNSRLupardo
 
MLTSPNSR
 
Amd §122-b, Gen Muni L; amd §§3000, 3001 & 3020, add §§3019 & 3019-a, Pub Health L
 
Relates to emergency medical services; permits a local government to establish a special district for the financing and operation of general ambulance services; provides for a statewide comprehensive emergency medical system plan.
Go to top    

A10569 Actions:

BILL NOA10569
 
06/04/2024referred to local governments
Go to top

A10569 Memo:

Memo not available
Go to top

A10569 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10569
 
                   IN ASSEMBLY
 
                                      June 4, 2024
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Otis) --
          read once and referred to the Committee on Local Governments
 
        AN ACT to amend the general municipal law and the public health law,  in
          relation to emergency medical services
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The opening paragraph of subdivision 1 of section 122-b  of
     2  the  general  municipal  law,  as  amended by chapter 471 of the laws of
     3  2011, is amended and a new paragraph (g) is added to read as follows:
     4    [Any] General ambulance services are  an  essential  service.    Every
     5  county,  city,  town [or] and village, acting individually or jointly or
     6  in conjunction with a special district, [may provide] shall ensure  that
     7  an  emergency medical service, a general ambulance service or a combina-
     8  tion of such services are provided for the purpose of providing  prehos-
     9  pital  emergency  medical  treatment  or  transporting  sick  or injured
    10  persons found within the boundaries of the municipality or  the  munici-
    11  palities acting jointly to a hospital, clinic, sanatorium or other place
    12  for  treatment  of  such illness or injury, [and for] provided, however,
    13  that the provisions of this subdivision shall not apply to a city with a
    14  population of one million or more.  In furtherance of  that  purpose,  a
    15  county, city, town or village may:
    16    (g)  Establish  a  special district for the financing and operation of
    17  general ambulance services, including  support  for  agencies  currently
    18  providing  EMS services, as set forth by this section, whereby any coun-
    19  ty, city, town or village, acting  individually,  or  jointly  with  any
    20  other  county,  city, town and/or village, through its governing body or
    21  bodies, following applicable procedures as are required for  the  estab-
    22  lishment  of fire districts in article eleven of the town law or follow-
    23  ing applicable procedures as are required for the establishment of joint
    24  fire districts in article eleven-A of the town law,  with  such  special
    25  district  being  authorized  by this section to be established in all or
    26  any part of any such participating county or counties,  town  or  towns,
    27  city  or  cities  and/or  village  or  villages.    Notwithstanding  any
    28  provision of this article, rule  or  regulation  to  the  contrary,  any
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15849-01-4

        A. 10569                            2
 
     1  special  district  created  under  this section shall not overlap with a
     2  pre-existing city, town or village ambulance district unless such exist-
     3  ing district is merged into the newly created district.   No city,  town
     4  or village shall eliminate or dissolve a pre-existing ambulance district
     5  without  express  approval and consent by the county to assume responsi-
     6  bility for the emergency medical services previously  provided  by  such
     7  district.  When a special district is established pursuant to this arti-
     8  cle, the cities, towns, or villages contained within  the  county  shall
     9  not reduce current ambulance funding without such changes being incorpo-
    10  rated into the comprehensive county emergency medical system plan.
    11    §  2. Section 3000 of the public health law, as amended by chapter 804
    12  of the laws of 1992, is amended to read as follows:
    13    § 3000. Declaration of policy and statement of purpose. The furnishing
    14  of medical assistance in an emergency  is  a  matter  of  vital  concern
    15  affecting  the  public  health,  safety and welfare.   Emergency medical
    16  services and ambulance services are  essential  services  and  shall  be
    17  available to every person in the state of New York in a reliable manner.
    18  Prehospital  emergency  medical  care, other emergency medical services,
    19  the provision of prompt and effective communication among ambulances and
    20  hospitals and safe and effective care and transportation of the sick and
    21  injured are essential public health services and shall be  available  to
    22  every person in the state of New York in a reliable manner.
    23    It is the purpose of this article to promote the public health, safety
    24  and  welfare by providing for certification of all advanced life support
    25  first response services and ambulance services; the creation of regional
    26  emergency medical services councils; and  a  New  York  state  emergency
    27  medical  services  council  to  develop  minimum  training standards for
    28  certified first responders, emergency medical technicians  and  advanced
    29  emergency  medical  technicians  and minimum equipment and communication
    30  standards for advanced life support first response  services  and  ambu-
    31  lance services.
    32    §  3.  Subdivision  1  of  section  3001  of the public health law, as
    33  amended by chapter 804 of the laws  of  1992,  is  amended  to  read  as
    34  follows:
    35    1.  "Emergency  medical  service"  means  [initial  emergency  medical
    36  assistance including, but not  limited  to,  the  treatment  of  trauma,
    37  burns,  respiratory,  circulatory and obstetrical emergencies] a coordi-
    38  nated system of healthcare delivery that responds to the needs  of  sick
    39  and  injured  adults  and  children  by providing: essential care at the
    40  scene of an emergency; community  education  programs;  ground  and  air
    41  ambulance  services;  centralized access and emergency medical dispatch;
    42  training for emergency medical  services  practitioners;  medical  first
    43  response; mobile trauma care systems; mass casualty management; or qual-
    44  ity control and system evaluation procedures.
    45    §  4. The public health law is amended by adding a new section 3019 to
    46  read as follows:
    47    § 3019. Statewide comprehensive emergency medical system plan. 1.  The
    48  state  emergency  medical  services  council,  in collaboration and with
    49  final approval of the department, shall develop and maintain a statewide
    50  comprehensive emergency medical system plan that  shall  provide  for  a
    51  coordinated  emergency  medical  system  within  the  state, which shall
    52  include but not be limited to:
    53    (a) establishing a comprehensive statewide emergency  medical  system,
    54  consisting of facilities, transportation, workforce, communications, and
    55  other  components  to  improve the delivery of emergency medical service

        A. 10569                            3
 
     1  and thereby decrease morbidity, hospitalization, disability, and mortal-
     2  ity;
     3    (b)  improving  the  accessibility  of  high-quality emergency medical
     4  service; and
     5    (c) conducting, promoting, and encouraging programs of  education  and
     6  training  designed  to  improve  the  knowledge  and skills of emergency
     7  medical service practitioners throughout  the  state  with  emphasis  on
     8  regions  underserved  by  or  with  limited  access to emergency medical
     9  services.
    10    2. The statewide comprehensive emergency medical system plan shall  be
    11  reviewed,  updated  if  necessary, and published every five years on the
    12  department's website, or at such earlier times as may  be  necessary  to
    13  improve  the  effectiveness  and  efficiency  of  the  state's emergency
    14  medical service system.
    15    3. Each regional emergency medical services council shall develop  and
    16  maintain a comprehensive regional emergency medical system plan or adopt
    17  the  statewide  comprehensive  emergency medical service system plan, to
    18  provide for a coordinated emergency medical system  within  the  region.
    19  Such  plans  shall incorporate all ambulance services with a current EMS
    20  operating certificate for response to calls in their designated  operat-
    21  ing  territory  and  shall  be  subject to review by the state emergency
    22  medical services council and final approval  by  the  department.    Any
    23  proposed  permanent  changes  to  the  regional emergency medical system
    24  plan, including the dissolution of an  ambulance  services  district  or
    25  other  significant  modification of existing coverage shall be submitted
    26  in writing to the department no  later  than  one  hundred  eighty  days
    27  before  the  change  shall  take  effect. Such changes shall not be made
    28  until receipt of the appropriate departmental approvals.
    29    4. Each county shall develop and maintain a comprehensive county emer-
    30  gency medical system plan that shall provide for a coordinated emergency
    31  medical system within the county, to provide essential emergency medical
    32  services for all residents within the county. The county office of emer-
    33  gency medical services shall be responsible for the development,  imple-
    34  mentation, and maintenance of the comprehensive county emergency medical
    35  system  plan.  Such plans may require review and approval, as determined
    36  by the state emergency medical services council, by  such  council,  the
    37  regional  emergency medical services council and approval by the depart-
    38  ment.  Such plan shall incorporate all ambulance services with a current
    39  EMS operating certificate for response  to  calls  in  their  designated
    40  operating  territory and shall outline the primary responding agency for
    41  requests for service for each part of the county.   Any proposed  perma-
    42  nent  changes to the county emergency medical system plan, including the
    43  dissolution of an  ambulance  services  district  or  other  significant
    44  modification  of  existing coverage shall be submitted in writing to the
    45  department no later than one hundred eighty days before the change shall
    46  take effect. Such changes shall not be made until receipt of the  appro-
    47  priate  approvals.  No county shall remove or reassign an area served by
    48  an existing medical emergency  response  agency  where  such  agency  is
    49  compliant with all statutory and regulatory requirements, and has agreed
    50  to the provision of the approved plan.
    51    5.  The  provisions  of  this section shall not apply to a city with a
    52  population of one million or more.
    53    § 5. The public health law is amended by adding a new  section  3019-a
    54  to read as follows:
    55    §  3019-a.  Emergency  medical systems training program. 1.  The state
    56  emergency medical services council shall  make  recommendations  to  the

        A. 10569                            4
 
     1  department  for  the  department  to  implement standards related to the
     2  establishment of training programs for emergency  medical  systems  that
     3  include but are not limited to students, emergency medical service prac-
     4  titioners,  emergency  medical  services  agencies, approved educational
     5  institutions, geographic  areas,  facilities,  and  personnel,  and  the
     6  commissioner  shall fund such training programs in full or in part based
     7  on state appropriations.  Until such time as  the  department  announces
     8  the  training program established pursuant to this section is in effect,
     9  all current standards, curricula, and requirements for  students,  emer-
    10  gency medical service practitioners, agencies, facilities, and personnel
    11  shall remain in effect.
    12    2.  The  state emergency medical services council, with final approval
    13  of the department, shall establish minimum education standards,  curric-
    14  ula,  and  requirements  for  all  emergency  medical system educational
    15  institutions. No person or  educational  institution  shall  profess  to
    16  provide  emergency  medical system training without meeting the require-
    17  ments set forth in regulation and only after approval of the department.
    18    3. The department is authorized to provide, either directly or through
    19  contract, for local or statewide initiatives, emergency  medical  system
    20  training  for  emergency  medical  service  practitioners  and emergency
    21  medical system agency personnel, using funding including but not limited
    22  to allocations to aid  to  localities  for  emergency  medical  services
    23  training.
    24    4.  Notwithstanding any other provisions of this section, the regional
    25  emergency  medical  services  council with jurisdiction over the city of
    26  New York shall have authority to establish, subject to the  approval  of
    27  the  commissioner,  training  and  educational  requirements which shall
    28  apply to all emergency medical service practitioners working in the  911
    29  system of the city of New York and to determine protocols for the deliv-
    30  ery  of  emergency medical care, including those related to staffing, in
    31  the 911 system of the city of New York. Such  training  and  educational
    32  requirements  and  protocols  for the delivery of care shall be at least
    33  equal or comparable to those applicable  to  emergency  medical  service
    34  practitioners in other areas of the state.
    35    5.  The department may request the state or regional emergency medical
    36  services council's assistance to ensure the compliance, maintenance, and
    37  coordination  of  training  programs.  Emergency medical services insti-
    38  tutions that fail to meet applicable standards and  regulations  may  be
    39  subject  to enforcement action, including but not limited to revocation,
    40  suspension, performance improvement plans, or restriction from  specific
    41  types of education.
    42    §  6.  Section 3020 of the public health law is amended by adding four
    43  new subdivisions 3, 4, 5 and 6 to read as follows:
    44    3. The department, with the approval of the  state  emergency  medical
    45  services council, may create or adopt additional standards, training and
    46  criteria  to  become  an emergency medical service practitioner credent-
    47  ialled to provide specialized, advanced, or other services that  further
    48  support  or  advance the emergency medical system.  The department, with
    49  approval of the state emergency medical services council  may  also  set
    50  standards and requirements to require specialized credentials to perform
    51  certain functions in the emergency medical services system.
    52    4.  The  department,  with  approval  of  the  state emergency medical
    53  services council may also set standards  for  emergency  medical  system
    54  agencies  to  become  accredited  in  a specific area to increase system
    55  performance and agency recognition.

        A. 10569                            5
 
     1    5. Notwithstanding any other provisions of this section, the  regional
     2  emergency  medical  services  council with jurisdiction over the city of
     3  New York shall have authority to establish, subject to the  approval  of
     4  the  commissioner,  training  and  educational  requirements which shall
     5  apply  to all emergency medical service practitioners working in the 911
     6  system of the city of New York and to determine protocols for the deliv-
     7  ery of emergency medical care, including those related to  staffing,  in
     8  the  911  system  of the city of New York. Such training and educational
     9  requirements and protocols for the delivery of care shall  be  at  least
    10  equal  or  comparable  to  those applicable to emergency medical service
    11  practitioners in other areas of the state.
    12    6. Nothing in this section shall be construed to  allow  a  person  to
    13  provide  any service for which a license, registration, certification or
    14  other authorization under title eight of the education law is required.
    15    § 7. This act shall take effect six months after it shall have  become
    16  a law.
Go to top