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

                                  2354

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law and  the  state  finance  law,  in
  relation  to  assuring  that  the moneys annually deposited in the New
  York state emergency medical services training account  can  be  fully
  and  verifiably used to assure timely and effective responses by state
  and regional emergency medical services systems and agencies, emergen-
  cy departments and services, and trauma systems, centers and  stations
  to medical, traumatic and pediatric emergencies, especially in natural
  and human-made disasters

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

  Section 1. Section 3052 of the public health law, as added by  chapter
727 of the laws of 1986, is amended to read as follows:
  S  3052.  Establishment  of  a  training program for emergency medical
services personnel.  1. There is hereby established a  training  program
for emergency medical services personnel SEEKING CERTIFICATION OR RECER-
TIFICATION  PURSUANT  TO  SECTION  THREE  THOUSAND  TWO  OF THIS CHAPTER
including, but not limited to,  CERTIFIED  first  responders,  emergency
medical technicians, advanced emergency medical technicians and emergen-
cy  vehicle  operators,  IN EMERGENCY MEDICAL AND TRAUMA CARE, INCLUDING
DISASTER PREPAREDNESS, AS DEFINED IN ARTICLE THIRTY-B OF THIS CHAPTER.
  2. The commissioner shall provide state aid within the  amount  appro-
priated  to  entities  such  as  local  governments,  regional emergency
medical services councils, EMERGENCY MEDICAL SERVICES  PROGRAM  AGENCIES
and  voluntary  agencies  and  organizations to conduct training courses
[for], INCLUDING CONTINUING EDUCATION COURSES, LEADING TO  CERTIFICATION
OR  RECERTIFICATION  OF  emergency  medical  services  personnel  and to
conduct practical OR OTHER APPROPRIATE examinations for certification OR
RECERTIFICATION of such personnel; PROVIDED, HOWEVER, THAT THE CURRICULA
FOR SUCH COURSES AND THE EXAMINATIONS  FOR  CERTIFICATION  OR  RECERTIF-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00365-01-9
              

A. 2354                             2

ICATION  SHALL  FIRST  HAVE  BEEN  DULY  APPROVED BY THE STATE EMERGENCY
MEDICAL SERVICES COUNCIL. The commissioner shall  establish  a  schedule
for  determining  the  amount  of  state  aid  provided pursuant to this
section.
  a.  Such  schedule  may  include varying rates for distinct geographic
areas of the state and  for  various  course  TYPES  AND  sizes,  giving
special  consideration  to areas with the most need for additional emer-
gency medical technicians AND ADDITIONAL COURSES IN  DISASTER  PREPARED-
NESS.  In  determining the need for additional emergency medical techni-
cians, the commissioner shall  use  measurements  such  as  the  average
number of emergency medical technicians per ambulance service, the ratio
of  emergency medical technicians per square mile, the average number of
calls per service and the percentage of  calls  to  which  an  emergency
medical technician has responded, provided such data is available to the
commissioner.   IN DETERMINING THE NEED FOR ADDITIONAL COURSES IN DISAS-
TER PREPAREDNESS, THE COMMISSIONER SHALL USE INFORMATION FROM  STATEWIDE
AND REGIONAL EMERGENCY MANAGEMENT, PUBLIC HEALTH AND PUBLIC SAFETY AGEN-
CIES TO IDENTIFY DISTINCT GEOGRAPHIC AREAS OF THE STATE WHERE NATURAL OR
HUMAN-MADE DISASTERS ARE DEEMED MOST LIKELY TO OCCUR.
  b.  Such  schedule  shall  provide  sufficient reimbursement to permit
sponsors to offer  basic  emergency  medical  technician  courses  which
adhere  to  curricula  approved  by the New York state emergency medical
services council and the commissioner without the need to charge tuition
to participants.
  3. Upon request, the commissioner shall provide management advice  and
technical  assistance  to  regional emergency medical services councils,
EMERGENCY MEDICAL SERVICES PROGRAM AGENCIES,  county  emergency  medical
services  coordinators, and course sponsors and instructors to stimulate
the improvement of training courses and the provision of  courses  in  a
manner which encourages participation. Such advice and technical assist-
ance  may relate to, but need not be limited to the location, scheduling
and structure of courses.
  4. The department is authorized, either directly or through contractu-
al arrangement, to develop and distribute training materials for use  by
course  instructors  and sponsors, to recruit additional instructors and
sponsors and to provide training courses for instructors.
  5. The commissioner shall conduct a public service campaign to recruit
additional volunteers to join ambulance services targeted  to  areas  in
need for additional emergency medical technicians.
  6.  MONIES FOR SUPPORT OF THE TRAINING PROGRAM ESTABLISHED PURSUANT TO
THIS SECTION SHALL BE DRAWN FROM THE NEW YORK  STATE  EMERGENCY  MEDICAL
SERVICES,  TRAUMA  SYSTEM AND MEDICAL DISASTER PREPAREDNESS TRAINING AND
INFRASTRUCTURE ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-Q OF
THE STATE FINANCE LAW OR OTHER SUITABLE ACCOUNT.
  S 2. Section 3053 of the public health law, as amended by chapter  445
of the laws of 1993, is amended to read as follows:
  S  3053.  Reporting.  1. Advanced life support first response services
and ambulance services [registered or certified] OPERATING  pursuant  to
article  thirty  of this chapter shall submit detailed individual [call]
PATIENT CARE reports on a form to be provided OR APPROVED by the depart-
ment, or may submit data electronically in a format PROVIDED OR approved
by the department. INDIVIDUAL IDENTIFYING INFORMATION  IN  SUCH  PATIENT
CARE  REPORTS SHALL BE CONSIDERED CONFIDENTIAL PROTECTED HEALTH INFORMA-
TION, AND MAY BE RELEASED TO OTHER  AGENCIES,  ENTITIES  OR  INDIVIDUALS
ONLY  IN ACCORDANCE WITH APPLICABLE STATUTES AND REGULATIONS OR UPON THE
ORDER OF A COURT OF COMPETENT JURISDICTION. The state emergency  medical

A. 2354                             3

services council, with the approval of the commissioner, may adopt rules
and  regulations permitting or requiring ambulance services whose volume
exceeds twenty thousand calls per year to submit call report data  elec-
tronically.   Such rules shall define the data elements to be submitted,
and may include requirements that assure availability  of  data  to  the
regional emergency medical advisory committee.
  2.  THE  COMMISSIONER  SHALL  COOPERATE WITH THE COMMISSIONER OF MOTOR
VEHICLES, THE COMMISSIONER  OF  TRANSPORTATION,  THE  SUPERINTENDENT  OF
INSURANCE,  THE  SECRETARY OF STATE AND THE DIVISION OF CRIMINAL JUSTICE
SERVICES TO ENSURE THAT DATA FOR ILLNESSES AND INJURIES, INCLUDING MOTOR
VEHICLE CRASHES, FOR WHICH  TREATMENT  IS  BEGUN  BY  EMERGENCY  MEDICAL
SERVICES  PERSONNEL CERTIFIED PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER
IS REPORTED IN A UNIFORM MANNER BY ALL HEALTH CARE PROVIDERS AND FACILI-
TIES, AND PUBLIC HEALTH AND SAFETY AGENCIES AND  OFFICERS,  IRRESPECTIVE
OF  PROVIDER  STATUS OR LEGAL JURISDICTION, TO PERMIT CONSISTENT, VALID,
AND RELIABLE  CROSS-LINKAGE  OF  ALL  ILLNESS  AND  INJURY-RELATED  DATA
SYSTEMS. UPON THE RECOMMENDATION OF THE STATE EMERGENCY MEDICAL ADVISORY
COMMITTEE, THE COMMISSIONER MAY REQUIRE ALL AFFECTED HEALTH CARE PROVID-
ERS  AND FACILITIES TO PROVIDE DATA ON INTERMEDIATE AND ULTIMATE OUTCOME
OF EMERGENCY MEDICAL SERVICES CARE OF PATIENTS WITH SPECIFIED  ILLNESSES
OR INJURIES FOR THE PURPOSE OF QUALITY ASSURANCE.
  S 3. Section 97-q of the state finance law, as added by chapter 804 of
the laws of 1992, is amended to read as follows:
  S  97-q.  New York state emergency medical services, TRAUMA SYSTEM AND
MEDICAL DISASTER PREPAREDNESS training AND  INFRASTRUCTURE  account.  1.
There is hereby established in the custody of the comptroller, a special
fund  to  be  known  as  the "New York state emergency medical services,
TRAUMA SYSTEM AND MEDICAL DISASTER PREPAREDNESS training AND INFRASTRUC-
TURE account".
  2. The account shall  consist  of  all  moneys  appropriated  for  its
purpose,  all moneys transferred to such account pursuant to law and all
moneys required by the provisions of this section or any other law to be
paid into or credited to such account, including all moneys received  by
the  account or donated to it. Moneys in the account shall be kept sepa-
rate and shall not be commingled with any other moneys otherwise  appro-
priated or received except as hereby provided.
  3.  Moneys  of  the account, when allocated, shall be available to the
department of health AS SHALL  BE  PROVIDED  BY  APPROPRIATION  for  the
purpose of funding the training of emergency medical services personnel,
and  funding  [as shall be provided by appropriation] for THE SUPPORT OF
THE STATE AND REGIONAL EMERGENCY MEDICAL SERVICES,  TRAUMA  AND  MEDICAL
DISASTER  PREPAREDNESS  SYSTEMS,  INCLUDING  the state emergency medical
services council, STATE EMERGENCY MEDICAL ADVISORY  COMMITTEE,  regional
emergency medical services councils, REGIONAL EMERGENCY MEDICAL ADVISORY
COMMITTEES,  emergency medical services program agencies [or], THE STATE
TRAUMA ADVISORY COMMITTEE, REGIONAL TRAUMA ADVISORY COMMITTEES, REGIONAL
TRAUMA PROGRAM AGENCIES, THE STATE EMERGENCY MEDICAL SERVICES FOR  CHIL-
DREN  ADVISORY  COMMITTEE,  AND other emergency medical services, TRAUMA
AND MEDICAL DISASTER PREPAREDNESS training programs AND  SYSTEM  INFRAS-
TRUCTURE,  in  order to carry out the purposes of articles thirty [and],
thirty-A, THIRTY-B AND THIRTY-C of the public health law AND TO ASSURE A
TIMELY AND EFFECTIVE EMERGENCY MEDICAL, TRAUMA AND PEDIATRIC RESPONSE TO
NATURAL AND HUMAN-MADE DISASTERS.
  4. Not less than [fifty] EIGHTY-FIVE percent of the monies [of]  ANNU-
ALLY  DEPOSITED  IN the account shall be ENCUMBERED AND expended FOR THE
SUPPORT OF STATE AND REGIONAL EMERGENCY  MEDICAL  SERVICES  SYSTEMS  AND

A. 2354                             4

PROGRAMS, AT LEAST HALF OF WHICH SHALL BE ALLOCATED for the direct costs
of  providing  emergency  medical  services training at the local level;
PROVIDED, HOWEVER, THAT THE CURRICULA FOR SUCH TRAINING SHALL FIRST HAVE
BEEN DULY APPROVED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL.  The
legislature  shall  annually  appropriate  from  the remaining available
EMERGENCY MEDICAL SERVICES SYSTEM AND PROGRAMS monies, funding  for  THE
SUPPORT OF the state emergency medical services council, STATE EMERGENCY
MEDICAL  ADVISORY  COMMITTEE,  the  regional  emergency medical services
councils, REGIONAL EMERGENCY MEDICAL ADVISORY COMMITTEES, STATE EMERGEN-
CY MEDICAL SERVICES  FOR  CHILDREN  ADVISORY  COMMITTEE,  the  emergency
medical services program agencies and the department of health, in order
TO PROVIDE SUFFICIENT FUNDS AT BOTH THE STATE AND THE REGIONAL LEVELS to
carry  out the purposes of articles thirty [and], thirty-A, AND THIRTY-C
of the public health law AND TO ASSURE A TIMELY AND EFFECTIVE  EMERGENCY
MEDICAL  SERVICES  RESPONSE TO NATURAL AND HUMAN-MADE DISASTERS.  At the
end of any fiscal year, any funds not encumbered AND EXPENDED for [these
purposes] EMERGENCY MEDICAL SERVICES TRAINING AT THE LOCAL  LEVEL  shall
be  reallocated for the [costs of training advanced life support person-
nel] SUPPORT OF THE EMERGENCY  MEDICAL  SERVICES  SYSTEMS  AND  PROGRAMS
DELINEATED IN THIS SUBDIVISION.
  5.  UP  TO  FIFTEEN  PERCENT  OF  THE MONIES ANNUALLY DEPOSITED IN THE
ACCOUNT SHALL BE ENCUMBERED AND EXPENDED FOR THE SUPPORT  OF  STATE  AND
REGIONAL  TRAUMA  SYSTEMS  AND  PROGRAMS,  INCLUDING THE STATE EMERGENCY
MEDICAL  ADVISORY  COMMITTEE,  THE  STATE  TRAUMA  ADVISORY   COMMITTEE,
REGIONAL  TRAUMA  ADVISORY  COMMITTEES, REGIONAL TRAUMA PROGRAM AGENCIES
AND THE DEPARTMENT OF HEALTH, IN ORDER TO PROVIDE  SUFFICIENT  RESOURCES
AT  THE  STATE  AND REGIONAL LEVELS TO CARRY OUT THE PURPOSES OF ARTICLE
THIRTY-B OF THE PUBLIC HEALTH LAW AND TO ASSURE A TIMELY  AND  EFFECTIVE
EMERGENCY  MEDICAL  AND TRAUMA RESPONSE TO NATURAL AND HUMAN-MADE DISAS-
TERS.
  6. EACH EXISTING REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL, EMERGEN-
CY MEDICAL SERVICES PROGRAM AGENCY, REGIONAL TRAUMA  ADVISORY  COMMITTEE
AND  REGIONAL  TRAUMA PROGRAM AGENCY UNDER CONTRACT TO THE DEPARTMENT OF
HEALTH TO PROVIDE COORDINATION OR ADMINISTRATIVE SUPPORT,  AS  APPROPRI-
ATE, FOR REGIONAL EMERGENCY MEDICAL SERVICES, TRAUMA, AND MEDICAL DISAS-
TER  PREPAREDNESS  SYSTEMS SHALL SUBMIT TO THE DEPARTMENT OF HEALTH, NOT
LATER THAN THE FIRST DAY OF DECEMBER OF EACH CALENDAR YEAR,  A  DETAILED
REPORT  SUMMARIZING ITS CONTRACTUAL RECEIPTS, EXPENDITURES, AND PROGRAM-
MATIC ACTIVITIES DURING THE PRECEDING FISCAL YEAR.
  7. Nothing contained  [herein]  IN  THIS  SECTION  shall  prevent  the
commissioner  of  health or the comptroller from receiving grants, gifts
or bequests for the purposes of the [fund] ACCOUNT as  defined  in  this
section and depositing them into the account according to law.
  S  4. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.