S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1079
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. QUART, LAVINE, LALOR, RAIA, O'DONNELL, GOODELL --
   Multi-Sponsored  by  --  M.  of  A.  GALEF, McDONOUGH -- 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 2019

   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 2019".
   §  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.
   § 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.
              

                                                            LBD01148-01-9

 A. 1079                             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.
   § 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.