S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    61
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, LUPARDO -- 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  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 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.
                                                            LBD01839-01-9

 A. 61                               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.