NY State Senate Bill 2015-S7799A

Senate Bill S7799A

2015-2016 Legislative Session

Directs the commissioner of health, in consultation with the commissioner of motor vehicles, to establish rules and regulations for the operation of ambulances

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2016	referred to health delivered to assembly passed senate ordered to third reading cal.1874 committee discharged and committed to rules
May 27, 2016	print number 7799a
May 27, 2016	amend (t) and recommit to transportation
May 12, 2016	referred to transportation

Votes

- Jun 16, 2016 - Floor Vote
  S7799A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 16, 2016 - Rules Committee Vote
  S7799A
  
  21
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2016
      
      aye (21)
      
      Bonacic
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (4)
      
      Breslin
      
      Hannon
      
      Krueger
      
      Little

Bill Amendments

Original

A (Active)

2015-S7799 - Details

See Assembly Version of this Bill:: A10631
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §206, Pub Health L

2015-S7799 - Summary

Directs the commissioner of health, in consultation with the commissioner of motor vehicles, to establish rules and regulations for the operation of ambulances.

2015-S7799 - Sponsor Memo

                                 BILL NUMBER:  S7799

 TITLE OF BILL :

An act to amend the transportation law, in relation to regulating the
operation of motor vehicles engaged in the non-emergency transport of
passengers for medical purposes

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to help ensure the safe transport of
non-ambulatory individuals that are being transported on a
non-emergency basis to, from or between any health care facility.
Currently, while there are credible safety standards for the transport
of patients or individuals in an emergency situation by ambulance,
there are few safeguards for those individuals that are being
transported on a non-emergency basis. This is primarily the case,
because during emergency transports, there is an EMT or other health
care professional that is supervising care of the individual during
transport. However, during non-emergency transports there is no such
certified emergency medical personnel.

 SUMMARY OF PROVISIONS :

Section 1: Adds a new Transportation Law section 160 to help ensure
the safe transport of non-ambulatory individuals that are being

transported on a non-emergency basis to, from or between any health
care facility. This provision helps to make such non-emergency trips
conducted by ambulances more safe in the following ways. First, it
restricts the period of time that any person may operate a
non-emergency medical transport vehicle and the number of hours of
duty for each driver shift. The standards will be the same as is the
case for other drivers regulated by Transportation Law section 211.

In addition, in consultation with the state emergency medical services
council, the Department shall recommend such training that a driver of
a non-emergency medical transport vehicle shall have when transporting
an individual and there is no certified emergency medical personnel on
board during such transport. Such training shall include care of
patients on a non-emergency basis, securing non-ambulatory patients
within such vehicle, and actions to be taken in the event of an
emergency from either the patient or the vehicle.

 JUSTIFICATION :

 PRIOR LEGISLATIVE HISTORY :

New bill.

 EFFECTIVE DATE :
120 days after it shall have become law.

2015-S7799 - Bill Text download pdf

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

                                  7799

                            I N  S E N A T E

                              May 12, 2016
                               ___________

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

AN ACT to amend the transportation law, in relation  to  regulating  the
  operation  of motor vehicles engaged in the non-emergency transport of
  passengers for medical purposes

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

  Section  1.  The transportation law is amended by adding a new section
160 to read as follows:
  S 160. NON-EMERGENCY TRANSPORTATION OF CERTAIN PASSENGERS FOR  MEDICAL
PURPOSES.  1.  FOR  THE  PURPOSE OF THIS SECTION, "NON-EMERGENCY MEDICAL
TRANSPORTATION VEHICLE" MEANS A MOTOR VEHICLE OPERATED BY A  CARRIER  OF
PASSENGERS  BY MOTOR VEHICLE, WHICH IS USED TO TRANSPORT ANY NON-AMBULA-
TORY INDIVIDUAL, ON A NON-EMERGENCY  BASIS,  TO,  FROM  OR  BETWEEN  ANY
HEALTH  CARE  FACILITY.  SUCH  TERM  SHALL  NOT  INCLUDE  ANY VEHICLE OR
PROVISION OF SERVICE WHICH IS SUBJECT TO THE PROVISIONS OF ARTICLE THIR-
TY OF THE PUBLIC HEALTH LAW.
  2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  ESTABLISH-
ING:
  (A)  RESTRICTIONS  ON THE PERIOD OF TIME THAT ANY PERSON MAY OPERATE A
NON-EMERGENCY MEDICAL TRANSPORT VEHICLE  AND  THE  TIME  THAT  ANY  SUCH
PERSON  MAY  BE  ON  DUTY.  SUCH RESTRICTIONS SHALL BE COMPARABLE TO THE
LIMITATIONS ESTABLISHED IN SECTION TWO HUNDRED ELEVEN OF  THIS  CHAPTER,
AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERETO; AND
  (B) IN CONSULTATION WITH THE STATE EMERGENCY MEDICAL SERVICES COUNCIL,
SUCH  TRAINING  AS  THE  COMMISSIONER  AND SUCH COUNCIL SHALL DEEM TO BE
NECESSARY FOR PERSONS WHO  OPERATE  A  NON-EMERGENCY  MEDICAL  TRANSPORT
VEHICLE  WHICH  DOES  NOT  HAVE  ABOARD  SUCH VEHICLE, EMERGENCY MEDICAL
PERSONNEL CERTIFIED PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW,
OR A HEALTH CARE PROVIDER LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCA-
TION LAW. SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  CARE
OF  PATIENTS  ON A NON-EMERGENCY BASIS, SECURING A NONAMBULATORY PATIENT
WITHIN THE NON-EMERGENCY MEDICAL TRANSPORT VEHICLE, AND  ACTIONS  TO  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14814-02-6

S. 7799                             2

TAKEN IN THE EVENT OF AN EMERGENCY ARISING FROM THE PATIENT OR THE VEHI-
CLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of the provisions of this  act  on  its
effective  date  are authorized and directed to be made and completed on
or before such effective date.

2015-S7799A (ACTIVE) - Details

See Assembly Version of this Bill:: A10631
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §206, Pub Health L

2015-S7799A (ACTIVE) - Summary

Directs the commissioner of health, in consultation with the commissioner of motor vehicles, to establish rules and regulations for the operation of ambulances.

2015-S7799A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7799A

 TITLE OF BILL :

An act to amend the public health law, in relation to directing the
commissioner of health, in consultation with the commissioner of motor
vehicles, to establish rules and regulations for ambulances

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to help ensure the safe transport of
ambulatory individuals that are being transported, from or between any
health care facility, as well as the safety of the public during such
transports. Currently, there are few rules and regulations for
ambulances, specifically for drivers of such motor vehicles. This bill
directs the commissioner of health and commissioner of motor vehicles
to work in together and establish more oversight of such individuals.

 SUMMARY OF PROVISIONS :

Section 1: Amends section 206 of the public health law by adding a new
subdivision directing the commissioner of health, in consultation with
the commissioner of motor vehicles, to establish rules and regulations
for ambulances in order to ensure the safety of passengers and the
public at large. Further specifies the context of such rules and
regulations, stating that they shall include but shall not be limited

to, the minimum age of ambulance drivers, the allowable number of
consecutive hours an ambulance driver shall work, and the requisite
training an ambulance driver shall receive prior to driving any
ambulance.

 JUSTIFICATION :

On March 4, 2015, a woman from City Island was pronounced brain dead
and later taken off life support after the ambulance she was riding in
crashed. The accident happened as paramedics took her to a rehab
facility in Westchester County after brain surgery. The ambulance did
not have lights and sirens on, but police said the 19-year-old driver
somehow lost control, slamming into a pole. A camera mounted inside
the ambulance captured the 19 year-old driver falling asleep behind
the wheel just before swerving off the roadway and striking a utility
pole. Many EMT's and other emergency workers work long hours and it is
not uncommon for them to work many consecutive 12-hour shifts a week.
There is currently nothing stopping a driver from working a double
shift and further no restrictions on work hours. This legislation
establishes the necessary oversight and regulation to prevent such
traumatic and reckless accidents.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7799A (ACTIVE) - Bill Text download pdf

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

                                 7799--A

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the public health law,  in  relation  to  directing  the
  commissioner of health, in consultation with the commissioner of motor
  vehicles, to establish rules and regulations for ambulances

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

  Section 1. Section 206 of the public health law is amended by adding a
new subdivision 30 to read as follows:
  30. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE  COMMISSIONER  OF
MOTOR  VEHICLES, ESTABLISH RULES AND REGULATIONS FOR AMBULANCES IN ORDER
TO ENSURE THE SAFETY OF PASSENGERS AND THE PUBLIC AT LARGE.  SUCH  RULES
AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE MINIMUM AGE OF
AMBULANCE  DRIVERS,  THE  ALLOWABLE NUMBER OF CONSECUTIVE HOURS AN AMBU-
LANCE DRIVER SHALL WORK, AND THE REQUISITE TRAINING AN AMBULANCE  DRIVER
SHALL RECEIVE PRIOR TO DRIVING ANY AMBULANCE.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14814-03-6

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