S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7812
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Higher Education
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11236-01-7

 A. 7812                             2
 
 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-
 LISHED THAT SUCH INJURIES OR DEATH WERE CAUSED BY  GROSS  NEGLIGENCE  ON
 THE PART OF SUCH VETERINARIAN.
   §  2. The public health law is amended by adding a new section 3018 to
 read as follows:
   § 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.
   § 3. Section 6701 of the education law, as amended by chapter  268  of
 the laws of 2014, is amended to read as follows:
   § 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.
   § 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.

 A. 7812                             3
 
   § 5. Section 6705 of the education law is  amended  by  adding  a  new
 subdivision 16 to read as follows:
   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.
   § 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7812--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2017
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education -- recommitted to the Committee on High-
   er Education in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the public health law and the education law, in relation
   to  authorizing  emergency  medical service personnel to provide basic
   first aid 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
 three new subdivisions 7, 8 and 9 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, IN THE COURSE OF RESPONDING  TO  AN  EMERGENCY,
 RENDERS  BASIC FIRST AID 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.
   8. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY  LICENSED
 VETERINARIAN  WHO  PROVIDES  OFF-SITE  INSTRUCTION,  PURSUANT TO SECTION
 THREE THOUSAND EIGHTEEN OF THIS ARTICLE, TO ANY CERTIFIED FIRST  RESPON-
 DER,  EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNI-
 CIAN PROVIDING BASIC FIRST AID 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  ESTABLISHED  THAT
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11236-04-8

 A. 7812--A                          2

 SUCH  INJURIES  OR  DEATH WERE CAUSED BY GROSS NEGLIGENCE ON THE PART OF
 SUCH LICENSED VETERINARIAN.
   9.  THE  COMMISSIONER  OF  EDUCATION  SHALL PROMULGATE RULES AND REGU-
 LATIONS FOR THE PROVISION OF BASIC FIRST AID TO DOGS AND CATS  BY  EMER-
 GENCY MEDICAL CARE PERSONNEL PURSUANT TO THIS SECTION.
   §  2. The public health law is amended by adding a new section 3018 to
 read as follows:
   § 3018. BASIC FIRST AID TO DOGS AND CATS. 1. IN THE COURSE OF RESPOND-
 ING 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 COMMISSIONER OF EDUCATION, PROVIDE
 BASIC FIRST AID TO A DOG OR CAT PRIOR TO THE TRANSFER OF SUCH ANIMAL  TO
 THE  CARE  OF  A  LICENSED VETERINARIAN. THE BASIC FIRST AID PROVIDED TO
 CATS AND DOGS PURSUANT TO THIS SECTION SHALL BE LIMITED TO  THE  FOLLOW-
 ING,  IF  THE CERTIFIED FIRST RESPONDER, EMERGENCY MEDICAL TECHNICIAN OR
 ADVANCED EMERGENCY MEDICAL TECHNICIAN IS ABLE AND AUTHORIZED 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 LICENSED VETERINARIAN.
   2. TO THE EXTENT PRACTICABLE, EACH CERTIFIED FIRST RESPONDER, EMERGEN-
 CY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL  TECHNICIAN,  DURING
 THE COURSE OF PROVIDING BASIC FIRST AID TO A DOG OR CAT PURSUANT TO THIS
 SECTION,  SHALL COMMUNICATE WITH A LICENSED VETERINARIAN FOR THE PURPOSE
 OF CONSULTING UPON THE PROVISION OF SUCH CARE.
   3. THE COMMISSIONER OF EDUCATION SHALL PROMULGATE SUCH RULES AND REGU-
 LATIONS AS SHALL BE  NECESSARY  TO  IMPLEMENT  THE  PROVISIONS  OF  THIS
 SECTION.
   §  3.  Section  6702  of  the education law is amended by adding a new
 subdivision 3 to read as follows:
   3. LICENSED VETERINARIANS MAY PROVIDE  INSTRUCTION  TO  ANY  CERTIFIED
 FIRST  RESPONDER,  EMERGENCY  MEDICAL  TECHNICIAN  OR ADVANCED EMERGENCY
 MEDICAL TECHNICIAN PROVIDING BASIC FIRST AID TO A DOG OR CAT PURSUANT TO
 SECTION THREE THOUSAND EIGHTEEN OF THE PUBLIC HEALTH LAW.
   § 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 COMMISSIONER SHALL PROMULGATE RULES  AND  REGULATIONS  FOR  THE
 PROVISION  OF BASIC FIRST AID TO DOGS AND CATS BY EMERGENCY MEDICAL CARE
 PERSONNEL PURSUANT TO SECTION THREE  THOUSAND  EIGHTEEN  OF  THE  PUBLIC
 HEALTH LAW.
   §  5.  Section  6705  of  the education law is amended by adding a new
 subdivision 16 to read as follows:
   16. A CERTIFIED  FIRST  RESPONDER,  EMERGENCY  MEDICAL  TECHNICIAN  OR
 ADVANCED  EMERGENCY  MEDICAL TECHNICIAN PROVIDING BASIC FIRST AID TO THE
 EXTENT AUTHORIZED BY SECTION  THREE  THOUSAND  EIGHTEEN  OF  THE  PUBLIC
 HEALTH LAW.
   §  6. This act shall take effect one year after it shall have become a
 law.