S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3882
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the public health law, in relation  to  allowing  regis-
   tered  nurses and licensed practical nurses to provide volunteer emer-
   gency medical services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 3033 to read as follows:
   § 3033. REGISTERED NURSES OR LICENSED  PRACTICAL  NURSES  VOLUNTEERING
 EMERGENCY  MEDICAL  SERVICES.  CURRENTLY  REGISTERED  NURSES OR LICENSED
 PRACTICAL NURSES SHALL BE ABLE TO PROVIDE  VOLUNTEER  EMERGENCY  MEDICAL
 SERVICES FOR AMBULANCE SERVICES AND ADVANCED LIFE SUPPORT FIRST RESPONSE
 SERVICES  ALONGSIDE EMERGENCY MEDICAL TECHNICIANS AND ADVANCED EMERGENCY
 MEDICAL TECHNICIANS WITHOUT HAVING TO COMPLETE EMERGENCY MEDICAL TECHNI-
 CIAN TRAINING, EXAMINATION, OR A CERTIFICATION PROGRAM.
   § 2. Subdivisions 1 and 4 of section 3013 of the  public  health  law,
 subdivision 1 as amended by chapter 445 of the laws of 1993 and subdivi-
 sion  4  as  amended  by chapter 804 of the laws of 1992, are amended to
 read as follows:
   1. Notwithstanding any inconsistent provision of any general,  special
 or  local  law, a voluntary ambulance service or voluntary advanced life
 support first response service described in section three  thousand  one
 of  this article and any member thereof who is a certified first respon-
 der, an emergency medical  technician,  an  advanced  emergency  medical
 technician,  A REGISTERED NURSE OR LICENSED PRACTICAL NURSE, or a person
 acting under the direction of  an  emergency  medical  technician  [or],
 advanced emergency medical technician, OR A REGISTERED NURSE OR LICENSED
 PRACTICAL  NURSE,  and  who  voluntarily  and without the expectation of
 monetary compensation renders medical assistance in an  emergency  to  a
 person  who  is  unconscious,  ill  or  injured  shall not be liable for
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05143-01-9

 A. 3882                             2
 
 damages for injuries alleged to have been sustained by  such  person  or
 for  damages  for  the  death of such person alleged to have occurred by
 reason of an act or omission in the rendering of 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, REGISTERED NURSE OR LICENSED
 PRACTICAL NURSE or  advanced  emergency  medical  technician  or  person
 acting  under  the  direction of an emergency medical technician, REGIS-
 TERED NURSE OR LICENSED PRACTICAL NURSE or  advanced  emergency  medical
 technician.
   4.  A  certified  first  responder, emergency medical technician [or],
 advanced emergency medical technician, OR A REGISTERED NURSE OR LICENSED
 PRACTICAL NURSE, whether or not he or she is  acting  on  behalf  of  an
 ambulance  service  or advanced life support first response service, who
 voluntarily and without the expectation of monetary compensation renders
 medical assistance in an emergency to a person who is  unconscious,  ill
 or  injured  shall  not  be  liable  for  damages  alleged  to have been
 sustained by such person or for damages for the  death  of  such  person
 alleged  to have occurred by reason of an act or omission in the render-
 ing of 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,  REGISTERED  NURSE  OR  LICENSED PRACTICAL NURSE or advanced
 emergency medical technician.
   § 3. This act shall take effect immediately.