Senate Bill S2783

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2783
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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 WHERE SUCH PERSON ACTED REASON-
 ABLY AND IN GOOD FAITH IN RENDERING SUCH MEDICAL ASSISTANCE IN AN  EMER-
 GENCY.
   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 WHERE SUCH VETERINARIAN ACTED
 REASONABLY AND IN GOOD FAITH IN PROVIDING SUCH INSTRUCTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00489-01-1

              

 S. 2783                             2
 
   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, PROVIDED HOWEVER, THAT THERE ARE NO
 PERSONS  REQUIRING MEDICAL ATTENTION OR TRANSPORTATION AT SUCH TIME. THE
 BASIC FIRST AID PROVIDED 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
 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.