Bill Text: NY S09850 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to emergency medical services; permits establishment of special districts for the financing and operation of general ambulance services; provides for a statewide comprehensive emergency medical system plan.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-06-04 - REFERRED TO RULES [S09850 Detail]
Download: New_York-2023-S09850-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9850 IN SENATE June 4, 2024 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. S LBD15852-02-4S. 9850 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 medical36assistance including, but not limited to, the treatment of trauma,37burns, 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 serviceS. 9850 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 theS. 9850 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.S. 9850 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 the person is not licensed, registered, 14 certified or otherwise authorized under law. 15 § 7. This act shall take effect six months after it shall have become 16 a law.
