S T A T E O F N E W Y O R K
________________________________________________________________________
7839
I N S E N A T E
January 12, 2022
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to ambulance services
which provide transportation by aircraft; and to amend a chapter of
the laws of 2021 amending the public health law relating to availabil-
ity of air transport ambulance service providers to store and distrib-
ute blood, as proposed in legislative bills numbers S. 4085-A and A.
2561-B, in relation to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3003-b of the public health law, as added by a
chapter of the laws of 2021 amending the public health law relating to
availability of air transport ambulance service providers to store and
distribute blood, as proposed in legislative bills numbers S. 4085-A and
A. 2561-B, is amended to read as follows:
§ 3003-b. Availability of [air transport] ambulance service [provid-
ers] THAT PROVIDES TRANSPORTATION BY AIRCRAFT to store and distribute
blood and initiate and administer blood transfusions. 1. [As used in
this section, "air transport services" shall mean emergency medical care
and the transportation of sick or injured persons by aircraft to, from,
or between general hospitals or other health care facilities.
2.] An ambulance service [provider] licensed under this article that
provides [air transport services] TRANSPORTATION BY AIRCRAFT may store
and distribute human blood and blood products at all their facilities
and QUALIFIED MEDICAL AND HEALTH PERSONNEL, AS DEFINED IN THIS ARTICLE,
OPERATING WITHIN AN AMBULANCE SERVICE LICENSED UNDER THIS ARTICLE, MAY
initiate and administer human blood and blood product transfusions while
providing air transport services. AS USED IN THIS SECTION, "AIR TRANS-
PORT SERVICES" MEANS EMERGENCY MEDICAL CARE AND THE TRANSPORTATION OF
SICK OR INJURED PERSONS BY AIRCRAFT TO, FROM OR BETWEEN GENERAL HOSPI-
TALS OR OTHER HEALTH CARE FACILITIES.
[3.] 2. Notwithstanding [section] TITLE five [hundred seventy-four] of
ARTICLE FIVE OF this chapter, any ambulance service [provider] licensed
[pursuant to] UNDER this article that provides TRANSPORTATION BY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01353-06-2
S. 7839 2
AIRCRAFT AND ONLY FOR PURPOSES OF PROVIDING air transport services, may
store and distribute human blood and blood products in accordance with
[section thirty-one hundred of this chapter; provided, however, an ambu-
lance service provider shall meet or exceed all] standards for the stor-
age of blood products of the United States Food and Drug Administration
AND ANY RULES, REGULATIONS, GUIDANCE OR MINIMUM STANDARDS ESTABLISHED
PURSUANT TO THIS SECTION.
3. PRIOR TO STORING AND DISTRIBUTING BLOOD OR ALLOWING QUALIFIED
MEDICAL AND HEALTH PERSONNEL TO INITIATE AND ADMINISTER BLOOD TRANS-
FUSIONS UNDER THIS SECTION, THE AMBULANCE SERVICE SHALL ENSURE THAT IT
IS IN COMPLIANCE WITH THE RULES, REGULATIONS, GUIDANCE OR MINIMUM STAND-
ARDS ESTABLISHED PURSUANT TO THIS SECTION AND OTHER APPLICABLE EMERGENCY
MEDICAL SERVICE REQUIREMENTS, AND SHALL PROVIDE NOTIFICATION OF INTENT
TO STORE AND DISTRIBUTE BLOOD OR ALLOW QUALIFIED MEDICAL AND HEALTH
PERSONNEL TO INITIATE AND ADMINISTER BLOOD TRANSFUSIONS AS PART OF THEIR
AIR TRANSPORT SERVICES AT LEAST SIXTY DAYS PRIOR TO BEGINNING SUCH CARE.
4. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, WITH THE APPROVAL OF
THE COMMISSIONER, SHALL PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
THE PURPOSES OF THIS SECTION.
§ 2. Section 2 of a chapter of the laws of 2021 amending the public
health law relating to availability of air transport ambulance service
providers to store and distribute blood, as proposed in legislative
bills numbers S. 4085-A and A. 2561-B, is amended to read as follows:
§ 2. This act shall take effect [immediately] ON THE NINETIETH DAY
AFTER IT SHALL HAVE BECOME A LAW.
§ 3. This act shall take effect immediately, provided however that
section one of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2021 amending the public health
law relating to availability of air transport ambulance service provid-
ers to store and distribute blood, as proposed in legislative bills
numbers S. 4085-A and A. 2561-B, takes effect.