senate Bill S3975A

Enacts the good samaritan ambulance act of 2014 to allow the provision of ambulance services outside of an agency's primary territory in emergencies

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 01 / Mar / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 10 / Feb / 2014
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 10 / Feb / 2014
    • PRINT NUMBER 3975A

Summary

Enacts the good samaritan ambulance act of 2014 to allow the provision of ambulance services outside of an agency's primary territory in emergencies.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4598A
Versions:
S3975
S3975A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§3001 & 3010, Pub Health L

Sponsor Memo

BILL NUMBER:S3975A

TITLE OF BILL: An act to amend the public health law, in relation to
enacting the good samaritan ambulance act of 2014

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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3975--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 1, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the public health law, in relation to enacting the good
  samaritan ambulance act of 2014

  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 2014".
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07744-02-4

S. 3975--A                          2

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
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.