Bill Text: NY A03392 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to emergency medical services; establishes a special district for the financing and operation of general ambulance services; provides for a statewide comprehensive emergency medical system plan.

Spectrum: Slight Partisan Bill (Democrat 17-10)

Status: (Introduced) 2024-03-20 - print number 3392c [A03392 Detail]

Download: New_York-2023-A03392-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3392--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by M. of A. OTIS, BUTTENSCHON, CLARK, LUPARDO, SANTABARBARA,
          EACHUS, LEVENBERG, SILLITTI, KELLES, BENDETT -- read once and referred
          to the Committee on Local Governments --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the Committee on Local Governments in accordance
          with Assembly Rule 3, sec. 2 -- again  reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee

        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 as set forth by  this  section,  whereby  any
    18  county,  city, town or village, acting individually, or jointly with any
    19  other county, city, town and/or village, through its governing  body  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05007-09-4
        A. 3392--B                          2

     1  bodies,  following  applicable procedures as are required for the estab-
     2  lishment of fire districts in article eleven of the town law or  follow-
     3  ing applicable procedures as are required for the establishment of joint
     4  fire  districts  in  article eleven-A of the town law, with such special
     5  district being authorized by this section to be established  in  all  or
     6  any  part  of  any such participating county or counties, town or towns,
     7  city or cities and/or village or villages.
     8    § 2. Section 3000 of the public health law, as amended by chapter  804
     9  of the laws of 1992, is amended to read as follows:
    10    § 3000. Declaration of policy and statement of purpose. The furnishing
    11  of  medical  assistance  in  an  emergency  is a matter of vital concern
    12  affecting the public health, safety  and  welfare.    Emergency  medical
    13  services  and  ambulance  services  are  essential services and shall be
    14  available to every person in the state of New York in a reliable manner.
    15  Prehospital emergency medical care, other  emergency  medical  services,
    16  the provision of prompt and effective communication among ambulances and
    17  hospitals and safe and effective care and transportation of the sick and
    18  injured  are  essential public health services and shall be available to
    19  every person in the state of New York in a reliable manner.
    20    It is the purpose of this article to promote the public health, safety
    21  and welfare by providing for certification of all advanced life  support
    22  first response services and ambulance services; the creation of regional
    23  emergency  medical  services  councils;  and  a New York state emergency
    24  medical services council  to  develop  minimum  training  standards  for
    25  certified  first  responders, emergency medical technicians and advanced
    26  emergency medical technicians and minimum  equipment  and  communication
    27  standards  for  advanced  life support first response services and ambu-
    28  lance services.
    29    § 3. Subdivision 1 of section  3001  of  the  public  health  law,  as
    30  amended  by  chapter  804  of  the  laws  of 1992, is amended to read as
    31  follows:
    32    1.  "Emergency  medical  service"  means  [initial  emergency  medical
    33  assistance  including,  but  not  limited  to,  the treatment of trauma,
    34  burns, respiratory, circulatory and obstetrical emergencies]  a  coordi-
    35  nated  system  of healthcare delivery that responds to the needs of sick
    36  and injured adults and children, by providing:  essential  care  at  the
    37  scene  of  an  emergency, non-emergency, specialty need or public event;
    38  community education and prevention programs; ground  and  air  ambulance
    39  services;  centralized  access  and emergency medical dispatch; training
    40  for emergency medical services practitioners;  medical  first  response;
    41  mobile trauma care systems; mass casualty management; medical direction;
    42  or quality control and system evaluation procedures.
    43    §  4. The public health law is amended by adding a new section 3019 to
    44  read as follows:
    45    § 3019. Statewide comprehensive emergency medical system plan. 1.  The
    46  state  emergency  medical  services  council,  in collaboration and with
    47  final approval of the department, shall develop and maintain a statewide
    48  comprehensive emergency medical system plan that  shall  provide  for  a
    49  coordinated  emergency  medical  system  within  the  state, which shall
    50  include but not be limited to:
    51    (a) establishing a comprehensive statewide emergency  medical  system,
    52  consisting of facilities, transportation, workforce, communications, and
    53  other  components  to  improve the delivery of emergency medical service
    54  and thereby decrease morbidity, hospitalization, disability, and mortal-
    55  ity;
        A. 3392--B                          3

     1    (b) improving the  accessibility  of  high-quality  emergency  medical
     2  service;
     3    (c)  coordinating  professional  medical organizations, hospitals, and
     4  other public and private agencies  in  developing  alternative  delivery
     5  models  for  persons  who  are presently using emergency departments for
     6  routine, nonurgent and primary medical care to be  served  appropriately
     7  and economically; and
     8    (d)  conducting,  promoting, and encouraging programs of education and
     9  training designed to upgrade  the  knowledge  and  skills  of  emergency
    10  medical  service  practitioners  throughout  the  state with emphasis on
    11  regions underserved by or  with  limited  access  to  emergency  medical
    12  services.
    13    2.  The statewide comprehensive emergency medical system plan shall be
    14  reviewed, updated if necessary, and published every five  years  on  the
    15  department's  website,  or  at such earlier times as may be necessary to
    16  improve the  effectiveness  and  efficiency  of  the  state's  emergency
    17  medical service system.
    18    3.  Each regional emergency medical services council shall develop and
    19  maintain a comprehensive regional emergency medical system plan or adopt
    20  the statewide comprehensive emergency medical service  system  plan,  to
    21  provide  for  a  coordinated emergency medical system within the region.
    22  Such plans shall be subject to review by  the  state  emergency  medical
    23  services council and final approval by the department.
    24    4. Each county shall develop and maintain a comprehensive county emer-
    25  gency medical system plan that shall provide for a coordinated emergency
    26  medical system within the county, to provide essential emergency medical
    27  services for all residents within the county. The county office of emer-
    28  gency  medical services shall be responsible for the development, imple-
    29  mentation, and maintenance of the comprehensive county emergency medical
    30  system plan. Such plans may require review and approval,  as  determined
    31  by  the  state  emergency medical services council, by such council, the
    32  regional emergency medical services council and approval by the  depart-
    33  ment.    Such  plan  shall  outline  the  primary  responding agency for
    34  requests for service for each part of the county.
    35    § 5. The public health law is amended by adding a new  section  3019-a
    36  to read as follows:
    37    §  3019-a.  Emergency  medical systems training program. 1.  The state
    38  emergency medical services council shall  make  recommendations  to  the
    39  department  for  the  department  to  implement standards related to the
    40  establishment of training programs for emergency  medical  systems  that
    41  include but are not limited to students, emergency medical service prac-
    42  titioners,  emergency  medical  services  agencies, approved educational
    43  institutions, geographic  areas,  facilities,  and  personnel,  and  the
    44  commissioner  shall fund such training programs in full or in part based
    45  on state appropriations.  Until such time as  the  department  announces
    46  the  training program established pursuant to this section is in effect,
    47  all current standards, curricula, and requirements for  students,  emer-
    48  gency medical service practitioners, agencies, facilities, and personnel
    49  shall remain in effect.
    50    2.  The  state emergency medical services council, with final approval
    51  of the department, shall establish minimum education standards,  curric-
    52  ula,  and  requirements  for  all  emergency  medical system educational
    53  institutions. No person or  educational  institution  shall  profess  to
    54  provide  emergency  medical system training without meeting the require-
    55  ments set forth in regulation and only after approval of the department.
        A. 3392--B                          4

     1    3. The department is authorized to provide, either directly or through
     2  contract, for local or statewide initiatives, emergency  medical  system
     3  training  for  emergency  medical  service  practitioners  and emergency
     4  medical system agency personnel, using funding including but not limited
     5  to  allocations  to  aid  to  localities  for emergency medical services
     6  training.
     7    4. The department may visit and inspect any emergency  medical  system
     8  training  program  or  training  center  operating under this article to
     9  ensure compliance.  The department may request  the  state  or  regional
    10  emergency  medical  services  council's assistance to ensure the compli-
    11  ance, maintenance, and  coordination  of  training  programs.  Emergency
    12  medical services institutions that fail to meet applicable standards and
    13  regulations  may  be  subject  to  enforcement action, including but not
    14  limited to revocation, suspension,  performance  improvement  plans,  or
    15  restriction from specific types of education.
    16    §  6.  Section  3020 of the public health law is amended by adding two
    17  new subdivisions 3 and 4 to read as follows:
    18    3. The department, with the approval of the  state  emergency  medical
    19  services council, may create or adopt additional standards, training and
    20  criteria  to  become  an emergency medical service practitioner credent-
    21  ialled to provide specialized, advanced, or other services that  further
    22  support  or  advance the emergency medical system.  The department, with
    23  approval of the state emergency medical services council  may  also  set
    24  standards and requirements to require specialized credentials to perform
    25  certain functions in the emergency medical services system.
    26    4.  The  department,  with  approval  of  the  state emergency medical
    27  services council may also set standards  for  emergency  medical  system
    28  agencies  to  become  accredited  in  a specific area to increase system
    29  performance and agency recognition.
    30    § 7. This act shall take effect six months after it shall have  become
    31  a law.