S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    29
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  QUART,  LAVINE, LALOR, 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 2021

   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 2021".
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01373-01-1

 A. 29                               2
 
 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.
   §  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.