S3975-2013 Actions

• Mar 1, 2013: REFERRED TO HEALTH

S3975-2013 Memo

BILL NUMBER:S3975

TITLE OF BILL:  An act to amend the public health law, in relation to
enacting the good samaritan ambulance act of 2013

PURPOSE: To allow the provision of ambulance services outside of an
agency's primary territory in emergencies.

SUMMARY OF PROVISIONS:

Section 1 names the legislation the "Good Samaritan Ambulance Act of
2013."

Section 2 amends 3001 of the Public Health Law by adding a new
subdivision 22 to define "operate" to mean an ambulance receiving
patients.

Section 3 amends subdivision 1 of � 3010 of the Public Health Law to
establish that an agency receiving a report of a life-threatening
medical emergency outside of its primary territory may respond with
ambulance services if it believes in good faith that the agency
primarily responsibility for the territory will be delayed and that
delay may exacerbate the emergency.

Section 4 contains the effective date.

JUSTIFICATION: Emergency ambulance services can often save lives when
provided as quickly as possible. Unfortunately, current law prevents
many ambulance operators from responding to emergencies outside their
primary territory, even when it is clear that the agency primarily
responsible for the territory will be delayed and that the emergency
will escalate because of this delay. Without legislative clarity that
agencies will not be threatened with the loss of their operating
certificate, the agencies will not make good faith efforts to
intervene outside their primary territory when lives are threatened.

HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This bill would take effect on the sixtieth day after
it shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

S3975-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3975
 2013-2014 Regular Sessions
 I N  SENATE
 March 1, 2013
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health
 

AN ACT to amend the public health law, in relation to enacting the  good
 samaritan ambulance act of 2013
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. This act shall be known and  may  be  cited  as  "the  good
 samaritan ambulance act of 2013".
 

S  2.

Section 3001 of the public health law is amended by adding a new
 subdivision 22 to read as follows:

 22. "OPERATE" MEANS WITH RESPECT TO AN AMBULANCE RECEIVING PATIENTS.
 

S 3. Subdivision 1 of section  3010  of  the  public  health  law,  as
 amended  by  chapter  588  of  the  laws  of 1993, is amended to read as
 follows:

 1. Every ambulance service certificate or  statement  of  registration
 issued  under  this  article  shall specify the primary territory within
 which the ambulance service shall be permitted to operate. An  ambulance
 service  shall receive patients only within the primary territory speci
 fied on its ambulance service certificate or statement of  registration,
 except: (a) when receiving a patient which it initially transported to a
 facility  or location outside its primary territory; (b) as required for
 the fulfillment of a mutual aid agreement  authorized  by  the  regional
 council; (c) upon express approval of the department and the appropriate
 regional  emergency medical services council for a maximum of sixty days
 if necessary to meet an  emergency  need;  provided  that  in  order  to
 continue such operation beyond the sixty day maximum period necessary to
 meet  an emergency need, the ambulance service must satisfy the require
 ments of this article, regarding determination of public need and  spec
 ification  of the primary territory on the ambulance service certificate
 or statement of registration; [or] (d) an ambulance service or  advanced
 life  support  first  response  service organization formed to serve the
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07744-01-3
 
       S. 3975                             2
 need for the provision of emergency medical services in accordance  with
 the  religious  convictions  of  a religious denomination may serve such
 needs in an area adjacent to such primary territory and, while  respond
 ing  to  a  call  for such service, the needs of other residents of such
 area at the emergency scene; (E) ANY AGENCY RECEIVING A REPORT OF A LIFE
 THREATENING MEDICAL EMERGENCY REQUIRING EMERGENCY MEDICAL SERVICES  THAT
 IN  GOOD  FAITH  CONCLUDES, ON THE BASIS OF INFORMATION AVAILABLE AT THE
 TIME, THAT THE AGENCY HAVING PRIMARY RESPONSIBILITY  FOR  THE  TERRITORY
 WILL BE DELAYED, AND SUCH DELAY MAY UNNECESSARILY ESCALATE OR EXACERBATE
 THE  EMERGENCY,  SHALL  NOT  BE  SUBJECT  TO  ANY SANCTION FOR OPERATING
 OUTSIDE ITS PRIMARY TERRITORY, PROVIDED, THAT, IT:  ATTEMPTS  TO  NOTIFY
 THE AGENCY HAVING PRIMARY RESPONSIBILITY FOR THAT TERRITORY OF THE EMER
 GENCY AND OF ITS RESPONSE; HAS THE RESOURCES AVAILABLE TO RESPOND TO THE
 EMERGENCY;  AND  IS  NOT CANCELLED EITHER IN ROUTE OR ON THE SCENE BY AN
 AGENCY OR DISPATCHER HAVING PRIMARY RESPONSIBILITY FOR THE TERRITORY; OR
 (F) IF AN AGENCY HAVING PRIMARY RESPONSIBILITY FOR  A  TERRITORY  AVAILS
 ITSELF OF THE RESOURCES, EQUIPMENT, OR PERSONNEL OF AN AGENCY RESPONDING
 TO  AN EMERGENCY OUTSIDE THE RESPONDING AGENCY'S PRIMARY TERRITORY, THEN
 THE AGENCY HAVING PRIMARY  RESPONSIBILITY  FOR  THE  TERRITORY  WILL  BE
 DEEMED  TO  HAVE  MADE A REQUEST FOR MUTUAL AID PURSUANT TO A MUTUAL AID
 AGREEMENT AND THE AGENCY RESPONDING OUTSIDE  OF  ITS  PRIMARY  TERRITORY
 WILL  NOT  BE  THE  SUBJECT OF ANY ADMINISTRATIVE SANCTION FOR OPERATING
 OUTSIDE ITS PRIMARY TERRITORY; PROVIDED THAT (G)  NOTHING  CONTAINED  IN
 THIS  SUBDIVISION  SHALL  IMPOSE  A  LEGAL DUTY ON ANY AGENCY TO RESPOND
 OUTSIDE OF ITS PRIMARY TERRITORY AND ANY SUCH RESPONSE SHALL  BE  SOLELY
 AT  THE DISCRETION OF THE AGENCY. Any ambulance service seeking to oper
 ate in more than one region shall make application to  each  appropriate
 regional council. Whenever an application is made simultaneously to more
 than  one  regional  council, the applications submitted to the regional
 councils shall be identical, or copies  of  each  application  shall  be
 submitted to all the regional councils involved.
 

S  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that  effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 and directed to be made and completed on or before such effective date.

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