Senate Bill S8172

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

                                  8172

                            I N  S E N A T E

                             August 3, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public health law and the education law, in relation
  to authorizing emergency medical service personnel to provide  certain
  emergency medical care to cats and dogs under certain circumstances

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

  Section 1. Section 3013 of the public health law is amended by  adding
two new subdivisions 7 and 8 to read as follows:
  7.  NO  CERTIFIED  FIRST  RESPONDER,  EMERGENCY MEDICAL TECHNICIAN, OR
ADVANCED EMERGENCY MEDICAL TECHNICIAN ACTING IN ACCORDANCE WITH  SECTION
THREE  THOUSAND  EIGHTEEN  OF THIS ARTICLE, NOR ANY AMBULANCE SERVICE OR
ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE OF WHICH SUCH PERSON  IS  A
MEMBER OR EMPLOYEE, WHO RENDERS EMERGENCY MEDICAL ASSISTANCE TO A DOG OR
CAT PURSUANT TO SUCH SECTION, SHALL HAVE ANY CIVIL OR CRIMINAL LIABILITY
OR  HAVE  ANY LIABILITY FOR VIOLATING ARTICLE ONE HUNDRED THIRTY-FIVE OF
THE EDUCATION LAW, FOR THE PROVISION OF SUCH CARE, OR ANY DAMAGES TO  OR
DEATH  OF ANY DOG OR CAT ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR
OMISSION IN RENDERING SUCH MEDICAL ASSISTANCE IN AN EMERGENCY UNLESS  IT
IS ESTABLISHED THAT SUCH INJURIES WERE OR SUCH DEATH WAS CAUSED BY GROSS
NEGLIGENCE  ON  THE  PART  OF  SUCH CERTIFIED FIRST RESPONDER, EMERGENCY
MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL  TECHNICIAN  AS  DETER-
MINED  BY  THE  RULES  AND REGULATIONS OF THE STATE BOARD FOR VETERINARY
MEDICINE ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION  SIXTY-SEVEN
HUNDRED  THREE  OF  THE EDUCATION LAW AND ANY OFF-SITE INSTRUCTIONS OF A
VETERINARIAN PROVIDING SUPERVISION DURING SUCH EMERGENCY.
  8. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY VETERINA-
RIAN WHO PROVIDES OFF-SITE INSTRUCTION, PURSUANT TO SECTION THREE  THOU-
SAND  EIGHTEEN  OF THIS ARTICLE, TO ANY CERTIFIED FIRST RESPONDER, EMER-
GENCY  MEDICAL  TECHNICIAN  OR  ADVANCED  EMERGENCY  MEDICAL  TECHNICIAN
PROVIDING  EMERGENCY  MEDICAL  ASSISTANCE  TO  A DOG OR CAT SHALL NOT BE
LIABLE FOR DAMAGES FOR INJURIES OR DEATH ALLEGED TO HAVE BEEN  SUSTAINED
BY  ANY  DOG  OR CAT AS A RESULT OF SUCH INSTRUCTION UNLESS IT IS ESTAB-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15963-01-6
              

S. 8172                             2

LISHED THAT SUCH INJURIES OR DEATH WERE CAUSED BY  GROSS  NEGLIGENCE  ON
THE PART OF SUCH VETERINARIAN.
  S  2. The public health law is amended by adding a new section 3018 to
read as follows:
  S 3018. EMERGENCY MEDICAL CARE TO DOGS  AND  CATS.  1.  IN  COURSE  OF
RESPONDING  TO  ANY  EMERGENCY,  A  CERTIFIED FIRST RESPONDER, EMERGENCY
MEDICAL TECHNICIAN OR ADVANCED  EMERGENCY  MEDICAL  TECHNICIAN  MAY,  IN
ACCORDANCE WITH THE RULES AND REGULATIONS OF THE STATE BOARD FOR VETERI-
NARY  MEDICINE,  PROVIDE EMERGENCY MEDICAL CARE TO A DOG OR CAT PRIOR TO
THE TRANSFER OF SUCH ANIMAL TO THE CARE OF A VETERINARIAN. THE EMERGENCY
MEDICAL CARE TO CATS AND DOGS PURSUANT TO THIS SECTION SHALL BE  LIMITED
TO  THE  FOLLOWING,  IF THE CERTIFIED FIRST RESPONDER, EMERGENCY MEDICAL
TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNICIAN IS ABLE AND  AUTHOR-
IZED TO PROVIDE SUCH CARE TO A HUMAN:
  (A) OPENING AND MANUALLY MAINTAINING AN AIRWAY;
  (B) PROVIDING MOUTH TO MOUTH OR MOUTH TO BARRIER VENTILATION;
  (C) ADMINISTERING OXYGEN;
  (D) MANAGING VENTILATION BY MASK;
  (E) CONTROLLING HEMORRHAGE WITH DIRECT PRESSURE;
  (F) IMMOBILIZING FRACTURES;
  (G) BANDAGING; AND
  (H)  ADMINISTERING  NALOXONE HYDROCHLORIDE TO THE EXTENT AUTHORIZED BY
LAW, RULE OR REGULATION AND AS DIRECTED BY A VETERINARIAN.
  2. TO THE EXTENT PRACTICABLE, EACH CERTIFIED FIRST RESPONDER, EMERGEN-
CY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL  TECHNICIAN,  DURING
THE  COURSE OF PROVIDING EMERGENCY MEDICAL CARE TO A DOG OR CAT PURSUANT
TO THIS SECTION, SHALL COMMUNICATE WITH A VETERINARIAN FOR  THE  PURPOSE
OF CONSULTING UPON THE PROVISION OF SUCH CARE.
  3. THE STATE BOARD FOR VETERINARY MEDICINE SHALL PROMULGATE SUCH RULES
AND  REGULATIONS  AS  SHALL  BE NECESSARY TO IMPLEMENT THE PROVISIONS OF
THIS SECTION.
  S 3. Section 6701 of the education law, as amended by chapter  268  of
the laws of 2014, is amended to read as follows:
  S 6701. Definition of practice of veterinary medicine. The practice of
the  profession  of veterinary medicine is defined as diagnosing, treat-
ing, operating, or prescribing for any  animal  disease,  pain,  injury,
deformity or dental or physical condition, or the subcutaneous insertion
of  a  microchip  intended  to  be  used  to  identify an animal, OR THE
PROVISION OF INSTRUCTION TO ANY  CERTIFIED  FIRST  RESPONDER,  EMERGENCY
MEDICAL  TECHNICIAN  OR  ADVANCED EMERGENCY MEDICAL TECHNICIAN PROVIDING
EMERGENCY MEDICAL CARE TO A DOG OR CAT PURSUANT TO SECTION  THREE  THOU-
SAND  EIGHTEEN OF THE PUBLIC HEALTH LAW.  "Animal" includes every living
creature except a human being.  Notwithstanding the foregoing provisions
of this section, no provisions of this section  shall  be  construed  to
include  the  floating  of  equine teeth as being within the practice of
veterinary medicine.
  S 4. The opening paragraph of section 6703 of  the  education  law  is
designated  subdivision  1  and  a new subdivision 2 is added to read as
follows:
  2. THE STATE BOARD FOR VETERINARY MEDICINE SHALL PROMULGATE RULES  AND
REGULATIONS FOR THE PROVISION OF EMERGENCY MEDICAL CARE TO DOGS AND CATS
BY  EMERGENCY  MEDICAL CARE PERSONNEL PURSUANT TO SECTION THREE THOUSAND
EIGHTEEN OF THE PUBLIC HEALTH LAW.
  S 5. Section 6705 of the education law is  amended  by  adding  a  new
subdivision 16 to read as follows:

S. 8172                             3

  16.  A  CERTIFIED  FIRST  RESPONDER,  EMERGENCY  MEDICAL TECHNICIAN OR
ADVANCED EMERGENCY  MEDICAL  TECHNICIAN  TO  THE  EXTENT  AUTHORIZED  BY
SECTION THREE THOUSAND EIGHTEEN OF THE PUBLIC HEALTH LAW.
  S 6. This act shall take effect immediately, except that sections one,
two,  three and five of this act shall take effect on the first of Janu-
ary next succeeding the date on which it shall have become a law.