S T A T E   O F   N E W   Y O R K
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                                  2058

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of A. QUART -- Multi-Sponsored by -- M. of A. GALEF,
  GOODELL, LALOR, LAVINE, McDONOUGH, O'DONNELL, RAIA,  SCHIMEL  --  read
  once and referred to the Committee on Health

AN  ACT to amend the public health law, in relation to enacting the good
  samaritan ambulance act of 2015

  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 2015".
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03873-01-5
              

A. 2058                             2

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.