NY State Senate Bill 2023-S4020C

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 15, 2024	reported and committed to finance
Mar 05, 2024	print number 4020c
Mar 05, 2024	amend and recommit to local government
Jan 05, 2024	print number 4020b
Jan 05, 2024	amend (t) and recommit to local government
Jan 03, 2024	referred to local government
Jun 01, 2023	print number 4020a
Jun 01, 2023	amend (t) and recommit to local government
Feb 02, 2023	referred to local government

Votes

- Apr 15, 2024 - Local Government Committee Vote
  S4020C
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Apr 15, 2024
      
      aye (7)
      
      Harckham
      
      Hinchey
      
      Martinez
      
      Rhoads
      
      Skoufis
      
      Thomas
      
      Weik

Bill Amendments

Original

C (Active)

co-Sponsors

View additional co-sponsors

2023-S4020 - Details

See Assembly Version of this Bill:: A3392
Current Committee:: Senate Finance
Law Section:: General Municipal Law
Laws Affected:: Amd §122-b, Gen Muni L; amd §§3000, 3001 & 3020, add §§3019 & 3019-a, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S8432, A9509

2023-S4020 - Summary

Relates to emergency medical services; establishes a special district for the financing and operation of general ambulance services; provides for a statewide comprehensive emergency medical system plan.

2023-S4020 - Sponsor Memo

                                 
BILL NUMBER: S4020

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the general municipal law, the civil service law, the
retirement and social security law and the public health law, in
relation to emergency medical services

 
PURPOSE:

To require emergency medical service, define emergency medical services
as essential services, expand the benefits available to emergency
medical services personnel and set standards for emergency medical
services.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the general municipal law to require that emergency
medical service are provided and allow for special districts to be
created.

Section 2. Amends the civil service law to allow for emergency medical
providers working with volunteer and not-for-profit emergency medical
service providers to be eligible for the state health insurance program
regardless of their primary source of income.

Section 3. Amends the retirement and social security law to allow for
emergency medical providers working with volunteer and not-for-profit
emergency medical service providers to be eligible for the state pension
system.

Section 4. Amends section 3000 of the public health law to clarify that
emergency medical services are essential services

Section 5. Amends section 3001 of the public health law to expand the
definition of emergency medical services.

Section 6. Amends section 3002 of the public health law to expand the
role of the New York state emergency medical services council to recom-
mend rules and regulations for emergency medical services.

Section 7. Amends section 3003 of the public health law expand the role
of the New York state regional emergency medical services council to
recommend rules and regulations for emergency medical services to the
state council.

Section 8. Creates a new section 3004 of the public health law creating
the emergency medical services quality and sustainability assurance
program.

Section 9. Creates a new section 3018 of the public health law creating
the statewide comprehensive emergency medical system plan.

Section 10. Amends section 3008 of the public health law to be consist-
ent with the statewide comprehensive emergency medical system plan.

Section 11. Creates a new section 3019 of the public health law that
establishes the Emergency medical systems training program.
Section 12. Sets forth the effective date.

 
JUSTIFICATION:

All New Yorkers expect Emergency Medical Services (EMS) to be available
at all times in all locations, should they need assistance.  These
services are essential -- and often a matter of life and death.  Unfor-
tunately, many EMS providers across the state are struggling to find and
retain staff. EMS feel that they are undervalued and under respected.
This bill takes steps to recognize EMS as an essential service that must
be provided in every area of the state.  Additionally, to increase
retention, this bill expands access to health insurance and retirement
benefits available to EMS providers and sets standards for EMS.

 
LEGISLATIVE HISTORY:

S8432A/ A9509A (2021-22): Referred to Local Government

 
FISCAL IMPLICATIONS:

Minimal fiscal impact to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4020 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4020
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sens. MAYER, HINCHEY, PERSAUD, SKOUFIS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Local Government
 
 AN  ACT  to  amend the general municipal law, the civil service law, the
   retirement and social security law  and  the  public  health  law,  in
   relation to emergency medical services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 of section 122-b  of
 the  general  municipal  law,  as  amended by chapter 471 of the laws of
 2011, is amended and a new paragraph (g) is added to read as follows:
   [Any] GENERAL AMBULANCE SERVICES ARE  AN  ESSENTIAL  SERVICE.    EVERY
 county,  city,  town [or] AND village, acting individually or jointly OR
 IN CONJUNCTION WITH A SPECIAL DISTRICT, [may provide] SHALL ENSURE  THAT
 an  emergency medical service, a general ambulance service or a combina-
 tion of such services ARE PROVIDED for the purpose of providing  prehos-
 pital  emergency  medical  treatment  or  transporting  sick  or injured
 persons found within the boundaries of the municipality or  the  munici-
 palities acting jointly to a hospital, clinic, sanatorium or other place
 for treatment of such illness or injury[, and for]. IN FURTHERANCE OF
  that purpose, A COUNTY, CITY, TOWN OR VILLAGE may:
   (G)  ESTABLISH  A  SPECIAL DISTRICT FOR THE FINANCING AND OPERATION OF
 GENERAL AMBULANCE SERVICES AS SET FORTH BY  THIS  SECTION,  WHEREBY  ANY
 COUNTY,  CITY, TOWN OR VILLAGE, ACTING INDIVIDUALLY, OR JOINTLY WITH ANY
 OTHER COUNTY, CITY, TOWN AND/OR VILLAGE, THROUGH ITS GOVERNING  BODY  OR
 BODIES,  FOLLOWING  APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE ESTAB-
 LISHMENT OF FIRE DISTRICTS IN ARTICLE ELEVEN OF THE TOWN LAW OR  FOLLOW-
 ING APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE ESTABLISHMENT OF JOINT
 FIRE  DISTRICTS  IN  ARTICLE ELEVEN-A OF THE TOWN LAW, WITH SUCH SPECIAL
 DISTRICT BEING AUTHORIZED BY THIS SECTION TO BE ESTABLISHED  IN  ALL  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05007-01-3
 S. 4020                             2

 
 ANY  PART  OF  ANY SUCH PARTICIPATING COUNTY OR COUNTIES, TOWN OR TOWNS,
 CITY OR CITIES AND/OR VILLAGE OR VILLAGES.
   § 2. Subdivision 2 of section 163 of the civil service law, as amended
 by  section 4 of part T of chapter 56 of the laws of 2010, is amended to
 read as follows:
   2. The contract or contracts shall provide  for  health  benefits  for
 retired employees of the state and of the state colleges of agriculture,
 home  economics, industrial labor relations and veterinary medicine, the
 state agricultural experiment station at Geneva, and any other  institu-
 tion or agency under the management and control of Cornell university as
 the  representative  of the board of trustees of the state university of
 New York, and the state college of ceramics  under  the  management  and
 control of Alfred university as the representative of the board of trus-
 tees  of the state university of New York, and their spouses and depend-
 ent children as defined by the regulations of  the  president,  on  such
 terms  as  the  president  may  deem  appropriate, and the president may
 authorize the inclusion in the plan of the employees and retired employ-
 ees  of  public  authorities,  public   benefit   corporations,   school
 districts,  special  districts,  district corporations, municipal corpo-
 rations excluding active  employees  and  retired  employees  of  cities
 having  a  population  of  one million or more inhabitants whose compen-
 sation is or was before retirement paid out of  the  city  treasury,  or
 other  appropriate  agencies, subdivisions or quasi-public organizations
 of the state, including active members of volunteer fire  and  volunteer
 ambulance  companies serving one or more municipal corporations pursuant
 to subdivision seven of section ninety-two-a of  the  general  municipal
 law,  and  their  spouses and dependent children as defined by the regu-
 lations of the president.  NOTWITHSTANDING ANY LAW OR REGULATION TO  THE
 CONTRARY, ACTIVE MEMBERS OF VOLUNTEER AMBULANCE COMPANIES SERVING ONE OR
 MORE  MUNICIPAL  CORPORATIONS  PURSUANT  TO SUBDIVISION SEVEN OF SECTION
 NINETY-TWO-A OF THE GENERAL MUNICIPAL LAW SHALL BE ELIGIBLE  FOR  HEALTH
 BENEFITS  REGARDLESS OF THE AMOUNT OF FUNDS DERIVED FROM PUBLIC SOURCES.
 Any such corporation,  district,  agency  or  organization  electing  to
 participate in the plan shall be required to pay its proportionate share
 of  the  expenses  of  administration of the plan in such amounts and at
 such times as determined and fixed by the president. All amounts payable
 for such expenses of administration shall be paid to the commissioner of
 taxation and finance and shall be applied to the reimbursement of  funds
 previously  advanced  for such purposes. Neither the state nor any other
 participant in the plan shall be charged with the particular  experience
 attributable  to  the employees of the participant, and all dividends or
 retroactive rate credits shall be distributed pro-rata  based  upon  the
 number of employees of such participant covered by the plan.
   §  3. Paragraph 9 of subdivision c of section 40 of the retirement and
 social security law, as amended by chapter 525 of the laws of  1963,  is
 amended to read as follows:
   9. ACTIVE MEMBERS OF VOLUNTEER AMBULANCE COMPANIES SERVING ONE OR MORE
 MUNICIPAL  CORPORATIONS PURSUANT TO SUBDIVISION SEVEN OF SECTION NINETY-
 TWO-A OF THE GENERAL MUNICIPAL LAW.
   10. Notwithstanding any inconsistent provision  of  subdivision  e  of
 this  section,  or  of  this  chapter or of any other law, an officer or
 employee in the service of the state or of a participating employer who,
 at the time of entering such service, was or is entitled to benefits  by
 any  other  pension  or  retirement  system maintained by the state or a
 political subdivision thereof, provided such benefits, exclusive of  any
 annuity  based solely on his own contributions and interest thereon, are
 S. 4020                             3
 
 suspended during his active membership  in  the  retirement  system.  He
 shall contribute to the retirement system as a new member.
   §  4. Section 3000 of the public health law, as amended by chapter 804
 of the laws of 1992, is amended to read as follows:
   § 3000. Declaration of policy and statement of purpose. The furnishing
 of medical assistance in an emergency  is  a  matter  of  vital  concern
 affecting  the  public  health,  safety and welfare.   EMERGENCY MEDICAL
 SERVICES AND AMBULANCE SERVICES ARE  ESSENTIAL  SERVICES  THAT  MUST  BE
 AVAILABLE  TO  EVERYONE  IN  NEW  YORK IN A RELIABLE MANNER. Prehospital
 emergency medical care, OTHER EMERGENCY MEDICAL SERVICES, the  provision
 of prompt and effective communication among ambulances and hospitals and
 safe  and  effective care and transportation of the sick and injured are
 essential public health services THAT MUST BE AVAILABLE TO  EVERYONE  IN
 NEW YORK IN A RELIABLE MANNER.
   It is the purpose of this article to promote the public health, safety
 and  welfare by providing for certification of all advanced life support
 first response services and ambulance services; the creation of regional
 emergency medical services councils; and  a  New  York  state  emergency
 medical  services  council  to  develop  minimum  training standards for
 certified first responders, emergency medical technicians  and  advanced
 emergency  medical  technicians  and minimum equipment and communication
 standards for advanced life support first response  services  and  ambu-
 lance services.
   §  5.  Subdivision  1  of  section  3001  of the public health law, as
 amended by chapter 804 of the laws  of  1992,  is  amended  to  read  as
 follows:
   1.  "Emergency  medical  service"  means  [initial  emergency  medical
 assistance including, but not  limited  to,  the  treatment  of  trauma,
 burns,  respiratory,  circulatory and obstetrical emergencies] CARE OF A
 PERSON TO, FROM, AT, IN, OR BETWEEN THE PERSON'S HOME, SCENE OF  INJURY,
 HOSPITALS,  HEALTH CARE FACILITIES, PUBLIC EVENTS OR OTHER LOCATIONS, BY
 EMERGENCY MEDICAL SERVICES PRACTITIONERS AS A PATIENT CARE TEAM  MEMBER,
 FOR  EMERGENCY,  NON-EMERGENCY,  SPECIALTY, LOW ACUITY, PREVENTATIVE, OR
 INTERFACILITY CARE; EMERGENCY AND NON-EMERGENCY MEDICAL DISPATCH;  COOR-
 DINATION  OF  EMERGENCY  MEDICAL SYSTEM EQUIPMENT AND PERSONNEL; ASSESS-
 MENT; TREATMENT, TRANSPORTATION, ROUTING, REFERRALS  AND  COMMUNICATIONS
 WITH TREATMENT FACILITIES AND MEDICAL PERSONNEL; PUBLIC EDUCATION, INJU-
 RY  PREVENTION AND WELLNESS INITIATIVES; ADMINISTRATION OF IMMUNIZATIONS
 AS APPROVED  BY  THE  STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL;  AND
 FOLLOW-UP AND RESTORATIVE CARE.
   §  6. Section 3002 of the public health law is amended by adding a new
 subdivision 9 to read as follows:
   9. THE STATE COUNCIL SHALL ADVISE THE COMMISSIONER ON SUCH  ISSUES  AS
 THE  COMMISSIONER  MAY  REQUIRE  RELATED  TO  THE PROVISION OF EMERGENCY
 MEDICAL SERVICE, SPECIALTY CARE, DESIGNATED FACILITY CARE, AND  DISASTER
 MEDICAL  CARE,  AND ASSIST IN THE COORDINATION OF SUCH SERVICE AND CARE.
 THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, THE RECOMMENDATION,  PERIODIC
 REVISION,  AND  APPLICATION  OF  RULES  AND REGULATIONS, APPROPRIATENESS
 REVIEW STANDARDS, TREATMENT PROTOCOLS, AND  QUALITY  IMPROVEMENT  STAND-
 ARDS.  SUCH RULES, REGULATIONS, STANDARDS AND PROTOCOLS SHALL BE REGION-
 ALIZED, AS NECESSARY. THE STATE COUNCIL  SHALL  MEET  AS  FREQUENTLY  AS
 DETERMINED NECESSARY BY THE COMMISSIONER.
   §  7.  Section  3003 of the public health law is amended by adding two
 new subdivisions 11 and 12 to read as follows:
   11. EACH REGIONAL COUNCIL SHALL ADVISE  THE  STATE  EMERGENCY  MEDICAL
 SERVICES  COUNCIL, THE COMMISSIONER AND THE DEPARTMENT ON SUCH ISSUES AS
 S. 4020                             4
 
 THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, THE COMMISSIONER  AND  THE
 DEPARTMENT  MAY  REQUIRE  RELATED  TO THE PROVISION OF EMERGENCY MEDICAL
 SERVICE, SPECIALTY CARE, DESIGNATED FACILITY CARE, AND DISASTER  MEDICAL
 CARE, AND ASSIST IN THE REGIONAL COORDINATION OF SUCH SERVICE AND CARE.
   12.  EACH  REGIONAL  COUNCIL  SHALL ADVISE THE STATE EMERGENCY MEDICAL
 SERVICES COUNCIL, THE COMMISSIONER AND THE DEPARTMENT ON THE APPROPRIATE
 REGIONAL STANDARDS REQUIRED  FOR  THE  PROVISION  OF  EMERGENCY  MEDICAL
 SERVICES.
   §  8. The public health law is amended by adding a new section 3004 to
 read as follows:
   § 3004. EMERGENCY MEDICAL SERVICES QUALITY AND  SUSTAINABILITY  ASSUR-
 ANCE  PROGRAM.  THE COMMISSIONER, WITH THE ADVICE OF THE STATE EMERGENCY
 MEDICAL ADVISORY COMMITTEE, MAY CREATE  AN  EMERGENCY  MEDICAL  SERVICES
 QUALITY AND SUSTAINABILITY ASSURANCE PROGRAM. STANDARDS AND REQUIREMENTS
 OF  THE QUALITY AND SUSTAINABILITY ASSURANCE PROGRAM MAY INCLUDE BUT NOT
 BE LIMITED TO, CLINICAL STANDARDS, QUALITY  METRICS,  SAFETY  STANDARDS,
 EMERGENCY  VEHICLE  OPERATOR STANDARDS, CLINICAL COMPETENCIES, SUSTAINA-
 BILITY METRICS  AND  MINIMUM  REQUIREMENTS  FOR  QUALITY  ASSURANCE  AND
 SUSTAINABILITY  ASSURANCE  PROGRAMS  TO BE FOLLOWED BY EMERGENCY MEDICAL
 SERVICES AGENCIES, TO PROMOTE POSITIVE  PATIENT  OUTCOMES,  SAFETY,  AND
 EMERGENCY  MEDICAL  SERVICES SYSTEM SUSTAINABILITY THROUGHOUT THE STATE.
 STANDARDS AND REQUIREMENTS OF THE QUALITY AND  SUSTAINABILITY  ASSURANCE
 PROGRAM  MAY  BE  REGIONALIZED. THE COMMISSIONER IS HEREBY AUTHORIZED TO
 PROMULGATE REGULATIONS RELATED TO THE STANDARDS AND REQUIREMENTS OF  THE
 QUALITY AND SUSTAINABILITY ASSURANCE PROGRAM. QUALITY AND SUSTAINABILITY
 ASSURANCE  PROGRAMS SHALL REQUIRE EACH EMERGENCY MEDICAL SERVICES AGENCY
 TO PERFORM REGULAR AND PERIODIC REVIEW  OF  QUALITY  AND  SUSTAINABILITY
 ASSURANCE  PROGRAM  METRICS,  IDENTIFICATION  OF AGENCY DEFICIENCIES AND
 STRENGTHS, DEVELOPMENT OF PROGRAMS TO IMPROVE AGENCY METRICS, STRENGTHEN
 SYSTEM SUSTAINABILITY, AND CONTINUOUS MONITORING OF CARE  PROVIDED.  THE
 DEPARTMENT  MAY  CONTRACT  FOR  SERVICES  WITH SUBJECT MATTER EXPERTS TO
 ASSIST IN THE OVERSIGHT OF THESE METRICS STATEWIDE. THE  DEPARTMENT  MAY
 DELEGATE  AUTHORITY TO OVERSEE THESE METRICS AND REGULATIONS TO COUNTIES
 OR OTHER  CONTRACTORS  AS  DETERMINED  BY  THE  COMMISSIONER.  EMERGENCY
 MEDICAL  SERVICES  AGENCIES  THAT DO NOT MEET THE STANDARDS AND REQUIRE-
 MENTS SET FORTH IN THE QUALITY ASSURANCE PROGRAM SET BY THE COMMISSIONER
 MAY BE SUBJECT TO ENFORCEMENT ACTIONS,  INCLUDING  BUT  NOT  LIMITED  TO
 REVOCATION,  SUSPENSION,  PERFORMANCE  IMPROVEMENT PLANS, OR RESTRICTION
 FROM SPECIFIC TYPES OF RESPONSES INCLUDING, BUT NOT LIMITED TO,  SUSPEN-
 SION OF THE ABILITY TO RESPOND TO REQUESTS FOR EMERGENCY MEDICAL ASSIST-
 ANCE OR TO PERFORM EMERGENCY MEDICAL SERVICES.
   §  9. The public health law is amended by adding a new section 3018 to
 read as follows:
   § 3018. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN. 1.  THE
 DEPARTMENT,  IN  CONSULTATION  WITH THE STATE EMERGENCY MEDICAL ADVISORY
 COMMITTEE, SHALL DEVELOP AND MAINTAIN A STATEWIDE COMPREHENSIVE EMERGEN-
 CY MEDICAL SYSTEM PLAN THAT SHALL PROVIDE FOR  A  COORDINATED  EMERGENCY
 MEDICAL  SYSTEM WITHIN THE STATE, WHICH SHALL INCLUDE BUT NOT BE LIMITED
 TO:
   (A) ESTABLISHING A COMPREHENSIVE STATEWIDE EMERGENCY  MEDICAL  SYSTEM,
 INCORPORATING FACILITIES, TRANSPORTATION, WORKFORCE, COMMUNICATIONS, AND
 OTHER  WAYS  TO  IMPROVE  THE  DELIVERY OF EMERGENCY MEDICAL SERVICE AND
 THEREBY DECREASE MORBIDITY, HOSPITALIZATION, DISABILITY, AND MORTALITY;
   (B) IMPROVING THE  ACCESSIBILITY  OF  HIGH-QUALITY  EMERGENCY  MEDICAL
 SERVICE;
 S. 4020                             5
 
   (C)  COORDINATING  WITH PROFESSIONAL MEDICAL ORGANIZATIONS, HOSPITALS,
 AND OTHER PUBLIC AND PRIVATE AGENCIES TO DEVELOP APPROACHES FOR  PERSONS
 WHO ARE PRESENTLY USING EMERGENCY DEPARTMENTS FOR ROUTINE, NONURGENT AND
 PRIMARY MEDICAL CARE TO BE SERVED APPROPRIATELY AND ECONOMICALLY; AND
   (D)  CONDUCTING,  PROMOTING, AND ENCOURAGING PROGRAMS OF EDUCATION AND
 TRAINING DESIGNED TO UPGRADE  THE  KNOWLEDGE  AND  SKILLS  OF  EMERGENCY
 MEDICAL  SERVICE  PRACTITIONERS  THROUGHOUT  THE  STATE WITH EMPHASIS ON
 REGIONS UNDERSERVED BY EMERGENCY MEDICAL SERVICES.
   2. THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN SHALL  BE
 REVIEWED,  UPDATED  IF  NECESSARY, AND PUBLISHED EVERY FIVE YEARS ON THE
 DEPARTMENT'S WEBSITE, OR AT SUCH EARLIER TIMES AS MAY  BE  NECESSARY  TO
 IMPROVE  THE  EFFECTIVENESS  AND  EFFICIENCY  OF  THE  STATE'S EMERGENCY
 MEDICAL SERVICE SYSTEM.
   3. EACH REGIONAL EMERGENCY MEDICAL ADVISORY  COMMITTEE  SHALL  DEVELOP
 AND MAINTAIN A COMPREHENSIVE REGIONAL EMERGENCY MEDICAL SYSTEM PLAN THAT
 SHALL  PROVIDE  FOR  A  COORDINATED  EMERGENCY MEDICAL SYSTEM WITHIN THE
 REGION. SUCH PLANS SHALL BE SUBJECT TO REVIEW  BY  THE  STATE  EMERGENCY
 MEDICAL ADVISORY COMMITTEE AND APPROVAL BY THE DEPARTMENT.
   4. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER-
 GENCY MEDICAL SYSTEM PLAN THAT SHALL PROVIDE FOR A COORDINATED EMERGENCY
 MEDICAL SYSTEM WITHIN THE COUNTY. THE COUNTY OFFICE OF EMERGENCY MEDICAL
 SERVICES SHALL BE RESPONSIBLE FOR THE DEVELOPMENT AND MAINTENANCE OF THE
 COMPREHENSIVE  COUNTY EMERGENCY MEDICAL SYSTEM PLAN. SUCH PLANS SHALL BE
 SUBJECT TO REVIEW BY THE REGIONAL EMERGENCY MEDICAL ADVISORY  COMMITTEE,
 THE  STATE  ADVISORY COUNCIL AND APPROVAL BY THE DEPARTMENT. THE DEPART-
 MENT SHALL BE RESPONSIBLE FOR OVERSIGHT OF EACH COUNTY'S COMPLIANCE WITH
 ITS PLAN.
   5. THE COMMISSIONER MAY PROMULGATE REGULATIONS  TO  ENSURE  COMPLIANCE
 WITH THIS SECTION.
   § 10. Section 3008 of the public health law is amended by adding a new
 subdivision 8 to read as follows:
   8.  (A)  NOTWITHSTANDING ANY PROVISION OF LAW OTHER THAN PARAGRAPH (B)
 OF THIS SUBDIVISION TO THE CONTRARY, ALL DETERMINATIONS OF NEED SHALL BE
 CONSISTENT WITH THE STATE EMERGENCY MEDICAL SYSTEM PLAN  ESTABLISHED  IN
 SECTION  THREE  THOUSAND  EIGHTEEN OF THIS ARTICLE. THE COMMISSIONER MAY
 PROMULGATE REGULATIONS TO PROVIDE FOR STANDARDS ON THE DETERMINATION  OF
 NEED.  THE  DEPARTMENT SHALL ISSUE A NEW EMERGENCY MEDICAL SYSTEM AGENCY
 CERTIFICATE ONLY UPON  A  DETERMINATION  THAT  A  PUBLIC  NEED  FOR  THE
 PROPOSED  SERVICE  HAS  BEEN  ESTABLISHED PURSUANT TO REGULATION. IF THE
 DEPARTMENT DETERMINES THAT A PUBLIC NEED EXISTS FOR ONLY A PORTION OF  A
 PROPOSED SERVICE, A CERTIFICATE MAY BE ISSUED FOR THAT PORTION. PRIOR TO
 REACHING  A  FINAL DETERMINATION OF NEED, THE DEPARTMENT SHALL FORWARD A
 SUMMARY OF THE PROPOSED SERVICE INCLUDING ANY DOCUMENTATION RECEIVED  OR
 SUBSEQUENT  REPORTS  CREATED  THERETO,  TO  THE  STATE EMERGENCY MEDICAL
 SERVICES ADVISORY COUNCIL FOR REVIEW AND RECOMMENDATION TO  THE  DEPART-
 MENT ON THE APPROVAL OF THE APPLICATION. AN APPLICANT OR OTHER CONCERNED
 PARTY  MAY  APPEAL  ANY DETERMINATION MADE BY THE DEPARTMENT PURSUANT TO
 THIS SECTION WITHIN FOURTEEN DAYS. APPEALS SHALL BE  HEARD  PURSUANT  TO
 THE PROVISIONS OF SECTION TWELVE-A OF THIS CHAPTER, AND A FINAL DETERMI-
 NATION  AS  TO NEED SHALL BE MADE BY THE COMMISSIONER UPON REVIEW OF THE
 REPORT AND RECOMMENDATION BY THE PRESIDING ADMINISTRATIVE LAW JUDGE.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  THE  COMMISSIONER  MAY  PROMULGATE REGULATIONS TO PROVIDE FOR THE
 ISSUANCE OF AN EMERGENCY MEDICAL SYSTEM  AGENCY  CERTIFICATE  WITHOUT  A
 DETERMINATION OF PUBLIC NEED.
 S. 4020                             6
 
   § 11. The public health law is amended by adding a new section 3019 to
 read as follows:
   § 3019. EMERGENCY MEDICAL SYSTEMS TRAINING PROGRAM. 1. THERE IS HEREBY
 ESTABLISHED  A  TRAINING  PROGRAM  FOR  EMERGENCY  MEDICAL  SYSTEMS THAT
 INCLUDES STUDENTS, EMERGENCY MEDICAL  SERVICE  PRACTITIONERS,  AGENCIES,
 FACILITIES,  AND  PERSONNEL,  AND  THE  COMMISSIONER MAY PROVIDE FUNDING
 WITHIN THE AMOUNT APPROPRIATED TO CONDUCT SUCH TRAINING PROGRAMS.  UNTIL
 SUCH  TIME  AS THE DEPARTMENT ANNOUNCES THE TRAINING PROGRAM ESTABLISHED
 PURSUANT TO THIS SECTION IS IN EFFECT, ALL CURRENT STANDARDS, CURRICULA,
 AND REQUIREMENTS FOR STUDENTS, EMERGENCY MEDICAL SERVICE  PRACTITIONERS,
 AGENCIES, FACILITIES, AND PERSONNEL SHALL REMAIN IN EFFECT.
   2.  THE  DEPARTMENT,  IN CONSULTATION WITH THE STATE EMERGENCY MEDICAL
 ADVISORY COUNCIL, SHALL ESTABLISH MINIMUM EDUCATION  STANDARDS,  CURRIC-
 ULA,   AND  REQUIREMENTS  FOR  ALL  EMERGENCY  MEDICAL  SYSTEM  TRAINING
 PROGRAMS. NO PERSON SHALL PROFESS TO PROVIDE  EMERGENCY  MEDICAL  SYSTEM
 TRAINING WITHOUT THE APPROVAL OF THE DEPARTMENT.
   3. THE DEPARTMENT IS AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR THROUGH
 CONTRACT,  EMERGENCY  MEDICAL  SYSTEM  TRAINING  FOR  EMERGENCY  MEDICAL
 SERVICE PRACTITIONERS AND EMERGENCY  MEDICAL  SYSTEM  AGENCY  PERSONNEL,
 DEVELOP AND DISTRIBUTE TRAINING MATERIALS FOR USE BY INSTRUCTORS, AND TO
 RECRUIT ADDITIONAL INSTRUCTORS TO PROVIDE TRAINING.
   4.  THE  DEPARTMENT MAY VISIT AND INSPECT ANY EMERGENCY MEDICAL SYSTEM
 TRAINING PROGRAM OR TRAINING CENTER OPERATING UNDER THIS ARTICLE AND THE
 REGULATIONS ADOPTED THEREFORE TO ENSURE COMPLIANCE.
   5. THE COMMISSIONER SHALL, WITHIN AMOUNTS  APPROPRIATED,  ESTABLISH  A
 PUBLIC  SERVICE  CAMPAIGN TO RECRUIT ADDITIONAL PERSONNEL INTO THE EMER-
 GENCY MEDICAL SYSTEM FIELDS.
   6. THE COMMISSIONER SHALL, WITHIN AMOUNTS APPROPRIATED,  ESTABLISH  AN
 EMERGENCY  MEDICAL  SYSTEM  MENTAL  HEALTH  AND  WELLNESS  PROGRAM  THAT
 PROVIDES RESOURCES TO EMERGENCY MEDICAL SERVICE PRACTITIONERS TO  REDUCE
 BURNOUT;  PREVENT  DEPRESSION,  SUICIDE AND OTHER NEGATIVE MENTAL HEALTH
 OUTCOMES; AND INCREASE SAFETY.
   7. THE DEPARTMENT MAY CREATE OR ADOPT WITH THE APPROVAL OF THE COMMIS-
 SIONER ADDITIONAL STANDARDS, TRAINING AND CRITERIA TO BECOME A  CREDENT-
 IALLED  EMERGENCY  MEDICAL  SERVICE PRACTITIONER TO PROVIDE SPECIALIZED,
 ADVANCED, OR OTHER SERVICES THAT FURTHER SUPPORT OR ADVANCE THE EMERGEN-
 CY MEDICAL SYSTEM.
   § 12. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S4020A - Details

See Assembly Version of this Bill:: A3392
Current Committee:: Senate Finance
Law Section:: General Municipal Law
Laws Affected:: Amd §122-b, Gen Muni L; amd §§3000, 3001 & 3020, add §§3019 & 3019-a, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S8432, A9509

2023-S4020A - Summary

2023-S4020A - Sponsor Memo

                                 
BILL NUMBER: S4020A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the general municipal law in relation to emergency
medical services

 
PURPOSE:

To deem emergency medical services as an essential service and provide
municipalities with the flexibility to ensure that emergency medical
services are provided for.

 
SUMMARY OF PROVISIONS:

Section 1 amends the opening paragraph of subdivision 1 of section 122-b
of the general municipal law to declare that general ambulance services
are an essential service. It then requires every county, city, town, and
village, acting individually or jointly, or in conjunction with a
special district, to ensure that emergency medical service, general
ambulance service or a combination of such services are provided for. It

exempts all cities with a population of one million or more from the
requirements. Lastly, it allows a county, city, town, or village, acting
individually or jointly with any other county, city, town and/or
village, to establish a special district for the financing and operation
of general ambulance services by following existing legal procedures in
the town law.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Emergency Medical Service (EMS) is a vital resource, necessary to the
health and well-being of communities across New York. As a system that
provides a wide range of prehospital medical care to sick or injured
people in emergency situations, the difference between a municipality
that provides for EMS and one that does not can often make the differ-
ence between life and death.

Despite its vast importance, there is an ongoing EMS crisis in this
state, particularly in how it is funded, staffed, and operated. Much of
this stems from a fundamental misconception about EMS vis-a-vis other
critical services like police and fire. This is reflected in New York
State law, which fails to recognize the essential nature of EMS. As a
result EMS providers are often undervalued and under-respected, creating
a disparity between the immense work EMS workers and volunteers provide
and the manner in which they are considered in public life.

In reality, EMS providers are multi-faceted, highly-trained public serv-
ants who not only provide ambulance services for New Yorkers in times of
medical emergency, but also pre-hospital care and general emergency
response for those who are injured, sick, or in need of immediate help.
It is time that New York law reflects the enormous sacrifices and crit-
ical work of the EMS community.

A second issue is the existing framework for the provision of EMS. In
New York, private, public, or not-for-profit providers attend to demand
across the state in a scattered, patchwork approach. This leaves many
New York residents uncertain whether an EMS provider will be available
in their locality, let alone in a time of need. Creating greater flexi-
bility for municipalities to facilitate EMS to meet unique local chal-
lenges represents a critical next step in the provision of EMS.

With that in mind, this bill does three things. First, it declares
general ambulance service as an "essential" service. Second, it requires
every county, city, town and village, acting individually or jointly, or
in conjunction with a special district, to ensure that an emergency
medical service, a general ambulance service, or a combination of such
services are provided for. Lastly, it allows any county, city, town, or
village, acting individually or jointly with any other county, city,
town, or village, to establish a special district for the financing and
operation of general ambulance services. Any city with a population of
one million or more shall be exempt from these requirements.

This bill takes necessary steps to recognize EMS as an essential service
that must be provided in every area of the state.

 
LEGISLATIVE HISTORY:

A-print reconciles inclusions in the 2023 budget, removes §§ 2-11, and
exempts cities with a population of one million or more.

S8432A/ A9509A (2021-22): Referred to Local Government

 
FISCAL IMPLICATIONS:

Minimal fiscal impact to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4020A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4020--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced by Sens. MAYER, GRIFFO, HINCHEY, KAVANAGH, MARTINEZ, PERSAUD,
   SKOUFIS,  WEBER -- read twice and ordered printed, and when printed to
   be committed  to  the  Committee  on  Local  Government  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend  the  general  municipal law in relation to emergency
   medical services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of subdivision 1 of section 122-b of
 the general municipal law, as amended by chapter  471  of  the  laws  of
 2011, is amended and a new paragraph (g) is added to read as follows:
   [Any]  GENERAL  AMBULANCE  SERVICES  ARE AN ESSENTIAL SERVICE.   EVERY
 county, city, town [or] AND village, acting individually or  jointly  OR
 IN  CONJUNCTION WITH A SPECIAL DISTRICT, [may provide] SHALL ENSURE THAT
 an emergency medical service, a general ambulance service or a  combina-
 tion  of such services ARE PROVIDED for the purpose of providing prehos-
 pital emergency  medical  treatment  or  transporting  sick  or  injured
 persons  found  within the boundaries of the municipality or the munici-
 palities acting jointly to a hospital, clinic, sanatorium or other place
 for treatment of such illness or injury, [and  for]  PROVIDED,  HOWEVER,
 THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY TO A CITY WITH A
 POPULATION OF ONE MILLION OR MORE.  IN FURTHERANCE OF  that  purpose,  A
 COUNTY, CITY, TOWN OR VILLAGE may:
   (G)  ESTABLISH  A  SPECIAL DISTRICT FOR THE FINANCING AND OPERATION OF
 GENERAL AMBULANCE SERVICES AS SET FORTH BY  THIS  SECTION,  WHEREBY  ANY
 COUNTY,  CITY, TOWN OR VILLAGE, ACTING INDIVIDUALLY, OR JOINTLY WITH ANY
 OTHER COUNTY, CITY, TOWN AND/OR VILLAGE, THROUGH ITS GOVERNING  BODY  OR
 BODIES,  FOLLOWING  APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE ESTAB-
 LISHMENT OF FIRE DISTRICTS IN ARTICLE ELEVEN OF THE TOWN LAW OR  FOLLOW-
 ING APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE ESTABLISHMENT OF JOINT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05007-02-3

 S. 4020--A                          2
 
 FIRE  DISTRICTS  IN  ARTICLE ELEVEN-A OF THE TOWN LAW, WITH SUCH SPECIAL
 DISTRICT BEING AUTHORIZED BY THIS SECTION TO BE ESTABLISHED  IN  ALL  OR
 ANY  PART  OF  ANY SUCH PARTICIPATING COUNTY OR COUNTIES, TOWN OR TOWNS,
 CITY OR CITIES AND/OR VILLAGE OR VILLAGES.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S4020B - Details

See Assembly Version of this Bill:: A3392
Current Committee:: Senate Finance
Law Section:: General Municipal Law
Laws Affected:: Amd §122-b, Gen Muni L; amd §§3000, 3001 & 3020, add §§3019 & 3019-a, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S8432, A9509

2023-S4020B - Summary

2023-S4020B - Sponsor Memo

                                 
BILL NUMBER: S4020B

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the general municipal law and the public health law, in
relation to emergency medical services

 
PURPOSE:

To deem emergency medical services as an essential service; to provide
municipalities with the flexibility to ensure provision of emergency
medical services; to establish statewide, regional, and county coordi-
nation of emergency medical services; and to provide for enhanced train-
ing and credentialing of emergency medical service practitioners, agen-
cies, and educational institutions.

 
SUMMARY OF PROVISIONS:

Section 1 amends the opening paragraph of subdivision 1 of section 122-b
of the general municipal law to declare that general ambulance services
are an essential service; requires that every county, city, town, and

village, acting individually or jointly, or in conjunction with a
special district, ensure that emergency medical service, general ambu-
lance service or a combination of such services are provided for;
exempts cities with a population of one million or more from the
requirements. This section also adds a new paragraph (g) to subdivision
1 of section 122-b to allow a county, city, town, or village, acting
individually, or jointly with any other county, city, town and/or
village, to establish a special district for the financing and operation
of general ambulance services by following the procedures in town law as
are required for establishment of fire districts.

Section 2 amends section 3000 of the public health law to clarify that
emergency medical services and ambulance services are essential services
that must be available to every person in the state in a reliable
manner.

Section 3 amends section 3001 of the public health law to expand the
definition of emergency medical services.

Section 4 creates a new section 3019 of the public health law providing
that the state emergency medical services council, in collaboration with
the department of health, shall develop and maintain a statewide compre-
hensive emergency medical system plan to improve coordination, accessi-
bility, and delivery of services, coordinate development of alternative
delivery models and conduct, and promote education and training of emer-
gency medical service practitioners; that regional emergency medical
services councils develop and maintain regional comprehensive emergency
medical system plans; and that counties develop and maintain comprehen-
sive county emergency medical system plans.

Section 5 creates a new section 3019-a of the public health law estab-
lishing the emergency medical systems training program, and provides
that the state emergency medical services council shall make recommenda-
tions to the department of health for the implementation of standards
related to the establishment of emergency medical systems training
programs, curricula, and requirements for emergency medical system

educational institutions. This section further provides that the depart-
ment of health shall ensure compliance with such standards.

Section 6 amends section 3020 of the public health law to provide for
the creation or adoption of additional standards, training, and criteria
to become an emergency medical service practitioner credentialled to
provide specialized, advanced, or other services, and for emergency
medical service agencies to become accredited in specific areas to
increase system performance.

Section 7 sets forth the effective date.

 
JUSTIFICATION:

New Yorkers expect emergency medical services (EMS) to be available at
all times in all locations, should they need assistance. These services
are essential, providing a wide range of prehospital medical care to
sick or injured people in emergency situations, and are often a matter
of life and death. EMS is a vital resource, necessary to the health and
well-being of communities across New York.

Despite the vast importance of EMS, there is an ongoing crisis in this
state, particularly in how EMS is funded, staffed, and operated. Much of
this stems from a fundamental misconception about EMS vis-a-vis other
critical services like police and fire. This is reflected in New York
State law, which currently fails to recognize the essential nature of
EMS. As a result, the work of EMS providers is undervalued within our
emergency and health care systems compared to other critical public
services, creating a disparity between the immense value that EMS work-
ers and volunteers provide to our communities and the resources made
available to provide these services. Accordingly, many EMS providers
across the state struggle to find and retain staff.

EMS providers are multi-faceted, highly-trained public servants who not
only provide ambulance services for New Yorkers in times of medical
emergency, but also pre-hospital care and general emergency response for
those who are injured, sick, or in need of immediate help. It is time
that New York law reflect the enormous sacrifices and critical work of
the EMS community.

Under the existing framework for the provision of EMS in New York,
private, public, and not-for-profit providers serve needs across the
state in a scattered, patchwork approach. This leaves many New York
residents uncertain whether an EMS provider will be available in their
locality in a time of need. Creating greater flexibility for munici-
palities to facilitate EMS to meet unique local challenges represents a
critical next step in the provision of these much needed services.

With that in mind, this bill amends the general municipal law to declare
general ambulance service to be an "essential service" and requires that
every county, city, town and village, acting individually or jointly, or
in conjunction with a special district, ensure that an emergency medical
service, a general ambulance service, or a combination of such services
is provided for. The bill allows any county, city, town, or village,
acting individually or jointly with any other county, city, town, or
village, to establish a special district for the financing and operation
of general ambulance services. The bill exempts any city with a popu-
lation of one million or more from this requirement.
Additionally, the bill provides for coordination of emergency medical
services on a statewide, regional, and countywide basis, and enhances
education and training programs for emergency medical service providers
and training institutions.

This bill takes necessary steps to recognize EMS as an essential service
that must be provided in every area of the state.

 
LEGISLATIVE HISTORY:

A-print reconciled inclusions in the 2023 budget, removed § 2-11, and
exempted cities with a population of one million or more.  B-print
reconciles inclusions in the 2023 budget; restores provisions declaring
emergency medical services and ambulance services as essential service
that shall be available to every person in the state of New York in a
reliable manner; restores training and coordination provisions; and
exempts cities with a population of one million or more.

S4020A / A3392A (2023): Referred to Local Government

S8432A / A9509A (2021-22): Referred to Local Government

 
FISCAL IMPLICATIONS:

Minimal fiscal impact to the state.

 
EFFECTIVE DATE:
This act shall take effect six months after it shall have become a law.

2023-S4020B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4020--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER,  GRIFFO, HINCHEY, KAVANAGH, MARTINEZ, MAY,
   PERSAUD, SKOUFIS, STEC, TEDISCO, WALCZYK, WEBB, WEBER  --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Local  Government  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to the Committee on Local Government in accordance with Senate Rule 6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the general municipal law and the public health law,  in
   relation to emergency medical services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 of section 122-b  of
 the  general  municipal  law,  as  amended by chapter 471 of the laws of
 2011, is amended and a new paragraph (g) is added to read as follows:
   [Any] GENERAL AMBULANCE SERVICES ARE  AN  ESSENTIAL  SERVICE.    EVERY
 county,  city,  town [or] AND village, acting individually or jointly OR
 IN CONJUNCTION WITH A SPECIAL DISTRICT, [may provide] SHALL ENSURE  THAT
 an  emergency medical service, a general ambulance service or a combina-
 tion of such services ARE PROVIDED for the purpose of providing  prehos-
 pital  emergency  medical  treatment  or  transporting  sick  or injured
 persons found within the boundaries of the municipality or  the  munici-
 palities acting jointly to a hospital, clinic, sanatorium or other place
 for  treatment  of  such illness or injury, [and for] PROVIDED, HOWEVER,
 THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A CITY WITH A
 POPULATION OF ONE MILLION OR MORE.  IN FURTHERANCE OF  that  purpose,  A
 COUNTY, CITY, TOWN OR VILLAGE may:
   (G)  ESTABLISH  A  SPECIAL DISTRICT FOR THE FINANCING AND OPERATION OF
 GENERAL AMBULANCE SERVICES AS SET FORTH BY  THIS  SECTION,  WHEREBY  ANY
 COUNTY,  CITY, TOWN OR VILLAGE, ACTING INDIVIDUALLY, OR JOINTLY WITH ANY
 OTHER COUNTY, CITY, TOWN AND/OR VILLAGE, THROUGH ITS GOVERNING  BODY  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05007-08-4

 S. 4020--B                          2
 
 BODIES,  FOLLOWING  APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE ESTAB-
 LISHMENT OF FIRE DISTRICTS IN ARTICLE ELEVEN OF THE TOWN LAW OR  FOLLOW-
 ING APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE ESTABLISHMENT OF JOINT
 FIRE  DISTRICTS  IN  ARTICLE ELEVEN-A OF THE TOWN LAW, WITH SUCH SPECIAL
 DISTRICT BEING AUTHORIZED BY THIS SECTION TO BE ESTABLISHED  IN  ALL  OR
 ANY  PART  OF  ANY SUCH PARTICIPATING COUNTY OR COUNTIES, TOWN OR TOWNS,
 CITY OR CITIES AND/OR VILLAGE OR VILLAGES.
   § 2. Section 3000 of the public health law, as amended by chapter  804
 of the laws of 1992, is amended to read as follows:
   § 3000. Declaration of policy and statement of purpose. The furnishing
 of  medical  assistance  in  an  emergency  is a matter of vital concern
 affecting the public health, safety  and  welfare.    EMERGENCY  MEDICAL
 SERVICES  AND  AMBULANCE  SERVICES  ARE  ESSENTIAL SERVICES AND SHALL BE
 AVAILABLE TO EVERY PERSON IN THE STATE OF NEW YORK IN A RELIABLE MANNER.
 Prehospital emergency medical care, OTHER  EMERGENCY  MEDICAL  SERVICES,
 the provision of prompt and effective communication among ambulances and
 hospitals and safe and effective care and transportation of the sick and
 injured  are  essential public health services AND SHALL BE AVAILABLE TO
 EVERY PERSON IN THE STATE OF NEW YORK IN A RELIABLE MANNER.
   It is the purpose of this article to promote the public health, safety
 and welfare by providing for certification of all advanced life  support
 first response services and ambulance services; the creation of regional
 emergency  medical  services  councils;  and  a New York state emergency
 medical services council  to  develop  minimum  training  standards  for
 certified  first  responders, emergency medical technicians and advanced
 emergency medical technicians and minimum  equipment  and  communication
 standards  for  advanced  life support first response services and ambu-
 lance services.
   § 3. Subdivision 1 of section  3001  of  the  public  health  law,  as
 amended  by  chapter  804  of  the  laws  of 1992, is amended to read as
 follows:
   1.  "Emergency  medical  service"  means  [initial  emergency  medical
 assistance  including,  but  not  limited  to,  the treatment of trauma,
 burns, respiratory, circulatory and obstetrical emergencies]  A  COORDI-
 NATED  SYSTEM  OF HEALTHCARE DELIVERY THAT RESPONDS TO THE NEEDS OF SICK
 AND INJURED ADULTS AND CHILDREN, BY PROVIDING:  ESSENTIAL  CARE  AT  THE
 SCENE  OF  AN  EMERGENCY, NON-EMERGENCY, SPECIALTY NEED OR PUBLIC EVENT;
 COMMUNITY EDUCATION AND PREVENTION PROGRAMS; GROUND  AND  AIR  AMBULANCE
 SERVICES;  CENTRALIZED  ACCESS  AND EMERGENCY MEDICAL DISPATCH; TRAINING
 FOR EMERGENCY MEDICAL SERVICES PRACTITIONERS;  MEDICAL  FIRST  RESPONSE;
 MOBILE TRAUMA CARE SYSTEMS; MASS CASUALTY MANAGEMENT; MEDICAL DIRECTION;
 OR QUALITY CONTROL AND SYSTEM EVALUATION PROCEDURES.
   §  4. The public health law is amended by adding a new section 3019 to
 read as follows:
   § 3019. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN. 1.  THE
 STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL,  IN COLLABORATION AND WITH
 FINAL APPROVAL OF THE DEPARTMENT, SHALL DEVELOP AND MAINTAIN A STATEWIDE
 COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN THAT  SHALL  PROVIDE  FOR  A
 COORDINATED  EMERGENCY  MEDICAL  SYSTEM  WITHIN  THE  STATE, WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO:
   (A) ESTABLISHING A COMPREHENSIVE STATEWIDE EMERGENCY  MEDICAL  SYSTEM,
 CONSISTING OF FACILITIES, TRANSPORTATION, WORKFORCE, COMMUNICATIONS, AND
 OTHER  COMPONENTS  TO  IMPROVE THE DELIVERY OF EMERGENCY MEDICAL SERVICE
 AND THEREBY DECREASE MORBIDITY, HOSPITALIZATION, DISABILITY, AND MORTAL-
 ITY;
 S. 4020--B                          3
 
   (B) IMPROVING THE  ACCESSIBILITY  OF  HIGH-QUALITY  EMERGENCY  MEDICAL
 SERVICE;
   (C)  COORDINATING  PROFESSIONAL  MEDICAL ORGANIZATIONS, HOSPITALS, AND
 OTHER PUBLIC AND PRIVATE AGENCIES  IN  DEVELOPING  ALTERNATIVE  DELIVERY
 MODELS  FOR  PERSONS  WHO  ARE PRESENTLY USING EMERGENCY DEPARTMENTS FOR
 ROUTINE, NONURGENT AND PRIMARY MEDICAL CARE TO BE  SERVED  APPROPRIATELY
 AND ECONOMICALLY; AND
   (D)  CONDUCTING,  PROMOTING, AND ENCOURAGING PROGRAMS OF EDUCATION AND
 TRAINING DESIGNED TO UPGRADE  THE  KNOWLEDGE  AND  SKILLS  OF  EMERGENCY
 MEDICAL  SERVICE  PRACTITIONERS  THROUGHOUT  THE  STATE WITH EMPHASIS ON
 REGIONS UNDERSERVED BY OR  WITH  LIMITED  ACCESS  TO  EMERGENCY  MEDICAL
 SERVICES.
   2.  THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN SHALL BE
 REVIEWED, UPDATED IF NECESSARY, AND PUBLISHED EVERY FIVE  YEARS  ON  THE
 DEPARTMENT'S  WEBSITE,  OR  AT SUCH EARLIER TIMES AS MAY BE NECESSARY TO
 IMPROVE THE  EFFECTIVENESS  AND  EFFICIENCY  OF  THE  STATE'S  EMERGENCY
 MEDICAL SERVICE SYSTEM.
   3.  EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL DEVELOP AND
 MAINTAIN A COMPREHENSIVE REGIONAL EMERGENCY MEDICAL SYSTEM PLAN OR ADOPT
 THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE  SYSTEM  PLAN,  TO
 PROVIDE  FOR  A  COORDINATED EMERGENCY MEDICAL SYSTEM WITHIN THE REGION.
 SUCH PLANS SHALL BE SUBJECT TO REVIEW BY  THE  STATE  EMERGENCY  MEDICAL
 SERVICES COUNCIL AND FINAL APPROVAL BY THE DEPARTMENT.
   4. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER-
 GENCY MEDICAL SYSTEM PLAN THAT SHALL PROVIDE FOR A COORDINATED EMERGENCY
 MEDICAL SYSTEM WITHIN THE COUNTY, TO PROVIDE ESSENTIAL EMERGENCY MEDICAL
 SERVICES FOR ALL RESIDENTS WITHIN THE COUNTY. THE COUNTY OFFICE OF EMER-
 GENCY  MEDICAL SERVICES SHALL BE RESPONSIBLE FOR THE DEVELOPMENT, IMPLE-
 MENTATION, AND MAINTENANCE OF THE COMPREHENSIVE COUNTY EMERGENCY MEDICAL
 SYSTEM PLAN. SUCH PLANS MAY REQUIRE REVIEW AND APPROVAL,  AS  DETERMINED
 BY  THE  STATE  EMERGENCY MEDICAL SERVICES COUNCIL, BY SUCH COUNCIL, THE
 REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL AND APPROVAL BY THE  DEPART-
 MENT.    SUCH  PLAN  SHALL  OUTLINE  THE  PRIMARY  RESPONDING AGENCY FOR
 REQUESTS FOR SERVICE FOR EACH PART OF THE COUNTY.
   § 5. The public health law is amended by adding a new  section  3019-a
 to read as follows:
   §  3019-A.  EMERGENCY  MEDICAL SYSTEMS TRAINING PROGRAM. 1.  THE STATE
 EMERGENCY MEDICAL SERVICES COUNCIL SHALL  MAKE  RECOMMENDATIONS  TO  THE
 DEPARTMENT  FOR  THE  DEPARTMENT  TO  IMPLEMENT STANDARDS RELATED TO THE
 ESTABLISHMENT OF TRAINING PROGRAMS FOR EMERGENCY  MEDICAL  SYSTEMS  THAT
 INCLUDE BUT ARE NOT LIMITED TO STUDENTS, EMERGENCY MEDICAL SERVICE PRAC-
 TITIONERS,  EMERGENCY  MEDICAL  SERVICES  AGENCIES, APPROVED EDUCATIONAL
 INSTITUTIONS, GEOGRAPHIC  AREAS,  FACILITIES,  AND  PERSONNEL,  AND  THE
 COMMISSIONER  SHALL FUND SUCH TRAINING PROGRAMS IN FULL OR IN PART BASED
 ON STATE APPROPRIATIONS.  UNTIL SUCH TIME AS  THE  DEPARTMENT  ANNOUNCES
 THE  TRAINING PROGRAM ESTABLISHED PURSUANT TO THIS SECTION IS IN EFFECT,
 ALL CURRENT STANDARDS, CURRICULA, AND REQUIREMENTS FOR  STUDENTS,  EMER-
 GENCY MEDICAL SERVICE PRACTITIONERS, AGENCIES, FACILITIES, AND PERSONNEL
 SHALL REMAIN IN EFFECT.
   2.  THE  STATE EMERGENCY MEDICAL SERVICES COUNCIL, WITH FINAL APPROVAL
 OF THE DEPARTMENT, SHALL ESTABLISH MINIMUM EDUCATION STANDARDS,  CURRIC-
 ULA,  AND  REQUIREMENTS  FOR  ALL  EMERGENCY  MEDICAL SYSTEM EDUCATIONAL
 INSTITUTIONS. NO PERSON OR  EDUCATIONAL  INSTITUTION  SHALL  PROFESS  TO
 PROVIDE  EMERGENCY  MEDICAL SYSTEM TRAINING WITHOUT MEETING THE REQUIRE-
 MENTS SET FORTH IN REGULATION AND ONLY AFTER APPROVAL OF THE DEPARTMENT.
 S. 4020--B                          4
 
   3. THE DEPARTMENT IS AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR THROUGH
 CONTRACT, FOR LOCAL OR STATEWIDE INITIATIVES, EMERGENCY  MEDICAL  SYSTEM
 TRAINING  FOR  EMERGENCY  MEDICAL  SERVICE  PRACTITIONERS  AND EMERGENCY
 MEDICAL SYSTEM AGENCY PERSONNEL, USING FUNDING INCLUDING BUT NOT LIMITED
 TO  ALLOCATIONS  TO  AID  TO  LOCALITIES  FOR EMERGENCY MEDICAL SERVICES
 TRAINING.
   4. THE DEPARTMENT MAY VISIT AND INSPECT ANY EMERGENCY  MEDICAL  SYSTEM
 TRAINING  PROGRAM  OR  TRAINING  CENTER  OPERATING UNDER THIS ARTICLE TO
 ENSURE COMPLIANCE.  THE DEPARTMENT MAY REQUEST  THE  STATE  OR  REGIONAL
 EMERGENCY  MEDICAL  SERVICES  COUNCIL'S ASSISTANCE TO ENSURE THE COMPLI-
 ANCE, MAINTENANCE, AND  COORDINATION  OF  TRAINING  PROGRAMS.  EMERGENCY
 MEDICAL SERVICES INSTITUTIONS THAT FAIL TO MEET APPLICABLE STANDARDS AND
 REGULATIONS  MAY  BE  SUBJECT  TO  ENFORCEMENT ACTION, INCLUDING BUT NOT
 LIMITED TO REVOCATION, SUSPENSION,  PERFORMANCE  IMPROVEMENT  PLANS,  OR
 RESTRICTION FROM SPECIFIC TYPES OF EDUCATION.
   §  6.  Section  3020 of the public health law is amended by adding two
 new subdivisions 3 and 4 to read as follows:
   3. THE DEPARTMENT, WITH THE APPROVAL OF THE  STATE  EMERGENCY  MEDICAL
 SERVICES COUNCIL, MAY CREATE OR ADOPT ADDITIONAL STANDARDS, TRAINING AND
 CRITERIA  TO  BECOME  AN EMERGENCY MEDICAL SERVICE PRACTITIONER CREDENT-
 IALLED TO PROVIDE SPECIALIZED, ADVANCED, OR OTHER SERVICES THAT  FURTHER
 SUPPORT  OR  ADVANCE THE EMERGENCY MEDICAL SYSTEM.  THE DEPARTMENT, WITH
 APPROVAL OF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL  MAY  ALSO  SET
 STANDARDS AND REQUIREMENTS TO REQUIRE SPECIALIZED CREDENTIALS TO PERFORM
 CERTAIN FUNCTIONS IN THE EMERGENCY MEDICAL SERVICES SYSTEM.
   4.  THE  DEPARTMENT,  WITH  APPROVAL  OF  THE  STATE EMERGENCY MEDICAL
 SERVICES COUNCIL MAY ALSO SET STANDARDS  FOR  EMERGENCY  MEDICAL  SYSTEM
 AGENCIES  TO  BECOME  ACCREDITED  IN  A SPECIFIC AREA TO INCREASE SYSTEM
 PERFORMANCE AND AGENCY RECOGNITION.
   § 7. This act shall take effect six months after it shall have  become
 a law.

co-Sponsors

View additional co-sponsors

2023-S4020C (ACTIVE) - Details

See Assembly Version of this Bill:: A3392
Current Committee:: Senate Finance
Law Section:: General Municipal Law
Laws Affected:: Amd §122-b, Gen Muni L; amd §§3000, 3001 & 3020, add §§3019 & 3019-a, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S8432, A9509

2023-S4020C (ACTIVE) - Summary

2023-S4020C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4020C

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the general municipal law and the public health law, in
relation to emergency medical services

 
PURPOSE:

To deem emergency medical services as an essential service; to provide
municipalities with the flexibility to ensure provision of emergency
medical services; to establish statewide, regional, and county coordi-
nation of emergency medical services; and to provide for enhanced train-
ing and credentialing of emergency medical service practitioners, agen-
cies, and educational institutions.

 
SUMMARY OF PROVISIONS:

Section 1 amends the opening paragraph of subdivision 1 of section 122-b
of the general municipal law to declare that general ambulance services
are an essential service; requires that every county, city, town, and

village, acting individually or jointly, or in conjunction with a
special district, ensure that emergency medical service, general ambu-
lance service or a combination of such services are provided for;
exempts cities with a population of one million or more from the
requirements. This section also adds a new paragraph (g) to subdivision
1 of section 122-b to allow a county, city, town, or village, acting
individually, or jointly with any other county, city, town and/or
village, to establish a special district for the financing and operation
of general ambulance services by following the procedures in town law as
are required for establishment of fire districts.

Section 2 amends section 3000 of the public health law to clarify that
emergency medical services and ambulance services are essential services
that must be available to every person in the state in a reliable
manner.

Section 3 amends section 3001 of the public health law to expand the
definition of emergency medical services.

Section 4 creates a new section 3019 of the public health law providing
that the state emergency medical services council, in collaboration with
the department of health, shall develop and maintain a statewide compre-
hensive emergency medical system plan to improve coordination, accessi-
bility, and delivery of services, coordinate development of alternative
delivery models, and conduct and promote education and training of emer-
gency medical service practitioners; that regional emergency medical
services councils develop and maintain regional comprehensive emergency
medical system plans; and that counties develop and maintain comprehen-
sive county emergency medical system plans.

Section 5 creates a new section 3019-a of the public health law estab-
lishing the emergency medical systems training program, and provides
that the state emergency medical services council shall make recommenda-
tions to the department of health for the implementation of standards
related to the establishment of emergency medical systems training
programs, curricula, and requirements for emergency medical system

educational institutions. This section further provides that the depart-
ment of health shall ensure compliance with such standards.

Section 6 amends section 3020 of the public health law to provide for
the creation or adoption of additional standards, training, and criteria
to become an emergency medical service practitioner credentialled to
provide specialized, advanced, or other services, and for emergency
medical service agencies to become accredited in specific areas to
increase system performance.

Section 7 sets forth the effective date.

 
JUSTIFICATION:

New Yorkers expect emergency medical services (EMS) to be available at
all times and in all locations should they need assistance. These
services are essential, providing a wide range of prehospital medical
care to sick or injured people in emergency situations, and are often a
matter of life and death. EMS is a vital resource, necessary to the
health and well-being of communities across New York.

Despite the vast importance of EMS, there is an ongoing crisis in this
state, particularly in how EMS is funded, staffed, and operated. Much of
this stems from a fundamental misconception about EMS vis-a-vis other
critical services like police and fire. This is reflected in New York
State law, which currently fails to recognize the essential nature of
EMS. As a result, the work of EMS providers is undervalued within our
emergency and health care systems compared to other critical public
services, creating a disparity between the immense value that EMS work-
ers and volunteers provide to our communities and the resources made
available to provide these services. Accordingly, many EMS providers
across the state struggle to find and retain staff.

EMS providers are multi-faceted, highly-trained public servants who not
only provide ambulance services for New Yorkers in times of medical
emergency, but also pre-hospital care and general emergency response for
those who are injured, sick, or in need of immediate help. It is time
that New York law reflects the enormous sacrifices and critical work of
the EMS community.

Under the existing framework for the provision of EMS in New York,
private, public, and not-for-profit providers serve needs across the
state in a scattered, patchwork approach. This leaves many New York
residents uncertain whether an EMS provider will be available in their
locality in a time of need. Creating greater flexibility for munici-
palities to facilitate EMS to meet unique local challenges represents a
critical next step in the provision of these much needed services.

With that in mind, this bill amends the general municipal law to declare
general ambulance service to be an "essential service" and requires that
every county, city, town and village, acting individually or jointly, or
in conjunction with a special district, ensure that an emergency medical
service, a general ambulance service, or a combination of such services
is provided for. The bill allows any county, city, town, or village,
acting individually or jointly with any other county, city, town, or
village, to establish a special district for the financing and operation
of general ambulance services. The bill exempts any city with a popu-
lation of one million or more from this requirement.
Additionally, the bill provides for coordination of emergency medical
services on a statewide, regional, and countywide basis, and enhances
education and training programs for emergency medical service providers
and training institutions.

This bill takes necessary steps to recognize EMS as an essential service
that must be provided in every area of the state.

 
LEGISLATIVE HISTORY:

A-print reconciled inclusions in the 2023 budget, removed §§ 2-11, and
exempted cities with a population of one million or more.

B-print reconciled inclusions in the 2023 budget; restores provisions
declaring emergency medical services and ambulance services as essential
service that shall be available to every person in the state of New York
in a reliable manner; restores training and coordination provisions; and
exempts cities with a population of one million or more.

C-print adds provisions to ensure that communication, coordination, and
planning take place among counties and other municipalities when new
special districts are created or existing districts dissolved and when
service changes are contemplated; to ensure inclusion of current EMS
providers in county and regional planning; and to require notice to the
department of health when permanent changes are proposed to county or
regional emergency medical system plans.

S4020A / A3392A (2023): Referred to Local Government S8432A / A9509A

(2021-22): Referred to Local Government

 
FISCAL IMPLICATIONS:

Minimal fiscal impact to the state.

 
EFFECTIVE DATE:
This act shall take effect six months after it shall have become a law.

2023-S4020C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4020--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER,  HINCHEY,  BORRELLO, CHU, GRIFFO, HELMING,
   KAVANAGH, MARTINEZ, MAY, PERSAUD,  SKOUFIS,  STEC,  TEDISCO,  WALCZYK,
   WEBB,  WEBER -- read twice and ordered printed, and when printed to be
   committed  to  the  Committee  on  Local   Government   --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said committee -- recommitted to the Committee on Local Government
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the general municipal law and the public health law,  in
   relation to emergency medical services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 of section 122-b  of
 the  general  municipal  law,  as  amended by chapter 471 of the laws of
 2011, is amended and a new paragraph (g) is added to read as follows:
   [Any] GENERAL AMBULANCE SERVICES ARE  AN  ESSENTIAL  SERVICE.    EVERY
 county,  city,  town [or] AND village, acting individually or jointly OR
 IN CONJUNCTION WITH A SPECIAL DISTRICT, [may provide] SHALL ENSURE  THAT
 an  emergency medical service, a general ambulance service or a combina-
 tion of such services ARE PROVIDED for the purpose of providing  prehos-
 pital  emergency  medical  treatment  or  transporting  sick  or injured
 persons found within the boundaries of the municipality or  the  munici-
 palities acting jointly to a hospital, clinic, sanatorium or other place
 for  treatment  of  such illness or injury, [and for] PROVIDED, HOWEVER,
 THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A CITY WITH A
 POPULATION OF ONE MILLION OR MORE.  IN FURTHERANCE OF  that  purpose,  A
 COUNTY, CITY, TOWN OR VILLAGE may:
   (G)  ESTABLISH  A  SPECIAL DISTRICT FOR THE FINANCING AND OPERATION OF
 GENERAL AMBULANCE SERVICES, INCLUDING  SUPPORT  FOR  AGENCIES  CURRENTLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05007-12-4

 S. 4020--C                          2
 
 PROVIDING  EMS SERVICES, AS SET FORTH BY THIS SECTION, WHEREBY ANY COUN-
 TY, CITY, TOWN OR VILLAGE, ACTING  INDIVIDUALLY,  OR  JOINTLY  WITH  ANY
 OTHER  COUNTY,  CITY, TOWN AND/OR VILLAGE, THROUGH ITS GOVERNING BODY OR
 BODIES,  FOLLOWING  APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE ESTAB-
 LISHMENT OF FIRE DISTRICTS IN ARTICLE ELEVEN OF THE TOWN LAW OR  FOLLOW-
 ING APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE ESTABLISHMENT OF JOINT
 FIRE  DISTRICTS  IN  ARTICLE ELEVEN-A OF THE TOWN LAW, WITH SUCH SPECIAL
 DISTRICT BEING AUTHORIZED BY THIS SECTION TO BE ESTABLISHED  IN  ALL  OR
 ANY  PART  OF  ANY SUCH PARTICIPATING COUNTY OR COUNTIES, TOWN OR TOWNS,
 CITY  OR  CITIES  AND/OR  VILLAGE  OR  VILLAGES.    NOTWITHSTANDING  ANY
 PROVISION  OF  THIS  ARTICLE,  RULE  OR  REGULATION TO THE CONTRARY, ANY
 SPECIAL DISTRICT CREATED UNDER THIS SECTION SHALL  NOT  OVERLAP  WITH  A
 PRE-EXISTING CITY, TOWN OR VILLAGE AMBULANCE DISTRICT UNLESS SUCH EXIST-
 ING  DISTRICT  IS MERGED INTO THE NEWLY CREATED DISTRICT.  NO CITY, TOWN
 OR VILLAGE SHALL ELIMINATE OR DISSOLVE A PRE-EXISTING AMBULANCE DISTRICT
 WITHOUT EXPRESS APPROVAL AND CONSENT BY THE COUNTY TO  ASSUME  RESPONSI-
 BILITY  FOR  THE  EMERGENCY MEDICAL SERVICES PREVIOUSLY PROVIDED BY SUCH
 DISTRICT. WHEN A SPECIAL DISTRICT IS ESTABLISHED PURSUANT TO THIS  ARTI-
 CLE,  THE  CITIES,  TOWNS, OR VILLAGES CONTAINED WITHIN THE COUNTY SHALL
 NOT REDUCE CURRENT AMBULANCE FUNDING WITHOUT SUCH CHANGES BEING INCORPO-
 RATED INTO THE COMPREHENSIVE COUNTY EMERGENCY MEDICAL SYSTEM PLAN.
   § 2. Section 3000 of the public health law, as amended by chapter  804
 of the laws of 1992, is amended to read as follows:
   § 3000. Declaration of policy and statement of purpose. The furnishing
 of  medical  assistance  in  an  emergency  is a matter of vital concern
 affecting the public health, safety  and  welfare.    EMERGENCY  MEDICAL
 SERVICES  AND  AMBULANCE  SERVICES  ARE  ESSENTIAL SERVICES AND SHALL BE
 AVAILABLE TO EVERY PERSON IN THE STATE OF NEW YORK IN A RELIABLE MANNER.
 Prehospital emergency medical care, OTHER  EMERGENCY  MEDICAL  SERVICES,
 the provision of prompt and effective communication among ambulances and
 hospitals and safe and effective care and transportation of the sick and
 injured  are  essential public health services AND SHALL BE AVAILABLE TO
 EVERY PERSON IN THE STATE OF NEW YORK IN A RELIABLE MANNER.
   It is the purpose of this article to promote the public health, safety
 and welfare by providing for certification of all advanced life  support
 first response services and ambulance services; the creation of regional
 emergency  medical  services  councils;  and  a New York state emergency
 medical services council  to  develop  minimum  training  standards  for
 certified  first  responders, emergency medical technicians and advanced
 emergency medical technicians and minimum  equipment  and  communication
 standards  for  advanced  life support first response services and ambu-
 lance services.
   § 3. Subdivision 1 of section  3001  of  the  public  health  law,  as
 amended  by  chapter  804  of  the  laws  of 1992, is amended to read as
 follows:
   1.  "Emergency  medical  service"  means  [initial  emergency  medical
 assistance  including,  but  not  limited  to,  the treatment of trauma,
 burns, respiratory, circulatory and obstetrical emergencies]  A  COORDI-
 NATED  SYSTEM  OF HEALTHCARE DELIVERY THAT RESPONDS TO THE NEEDS OF SICK
 AND INJURED ADULTS AND CHILDREN, BY PROVIDING:  ESSENTIAL  CARE  AT  THE
 SCENE  OF  AN  EMERGENCY, NON-EMERGENCY, SPECIALTY NEED OR PUBLIC EVENT;
 COMMUNITY EDUCATION AND PREVENTION PROGRAMS; GROUND  AND  AIR  AMBULANCE
 SERVICES;  CENTRALIZED  ACCESS  AND EMERGENCY MEDICAL DISPATCH; TRAINING
 FOR EMERGENCY MEDICAL SERVICES PRACTITIONERS;  MEDICAL  FIRST  RESPONSE;
 MOBILE TRAUMA CARE SYSTEMS; MASS CASUALTY MANAGEMENT; MEDICAL DIRECTION;
 OR QUALITY CONTROL AND SYSTEM EVALUATION PROCEDURES.
 S. 4020--C                          3
 
   §  4. The public health law is amended by adding a new section 3019 to
 read as follows:
   §  3019. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN. 1. THE
 STATE EMERGENCY MEDICAL SERVICES  COUNCIL,  IN  COLLABORATION  AND  WITH
 FINAL APPROVAL OF THE DEPARTMENT, SHALL DEVELOP AND MAINTAIN A STATEWIDE
 COMPREHENSIVE  EMERGENCY  MEDICAL  SYSTEM  PLAN THAT SHALL PROVIDE FOR A
 COORDINATED EMERGENCY MEDICAL  SYSTEM  WITHIN  THE  STATE,  WHICH  SHALL
 INCLUDE BUT NOT BE LIMITED TO:
   (A)  ESTABLISHING  A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SYSTEM,
 CONSISTING OF FACILITIES, TRANSPORTATION, WORKFORCE, COMMUNICATIONS, AND
 OTHER COMPONENTS TO IMPROVE THE DELIVERY OF  EMERGENCY  MEDICAL  SERVICE
 AND THEREBY DECREASE MORBIDITY, HOSPITALIZATION, DISABILITY, AND MORTAL-
 ITY;
   (B)  IMPROVING  THE  ACCESSIBILITY  OF  HIGH-QUALITY EMERGENCY MEDICAL
 SERVICE;
   (C) COORDINATING PROFESSIONAL MEDICAL  ORGANIZATIONS,  HOSPITALS,  AND
 OTHER  PUBLIC  AND  PRIVATE  AGENCIES IN DEVELOPING ALTERNATIVE DELIVERY
 MODELS FOR PERSONS WHO ARE PRESENTLY  USING  EMERGENCY  DEPARTMENTS  FOR
 ROUTINE,  NONURGENT  AND PRIMARY MEDICAL CARE TO BE SERVED APPROPRIATELY
 AND ECONOMICALLY, PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS  SUBDI-
 VISION  SHALL  NOT  APPLY  TO A CITY WITH A POPULATION OF ONE MILLION OR
 MORE; AND
   (D) CONDUCTING, PROMOTING, AND ENCOURAGING PROGRAMS OF  EDUCATION  AND
 TRAINING  DESIGNED  TO  UPGRADE  THE  KNOWLEDGE  AND SKILLS OF EMERGENCY
 MEDICAL SERVICE PRACTITIONERS THROUGHOUT  THE  STATE  WITH  EMPHASIS  ON
 REGIONS  UNDERSERVED  BY  OR  WITH  LIMITED  ACCESS TO EMERGENCY MEDICAL
 SERVICES.
   2. THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN SHALL  BE
 REVIEWED,  UPDATED  IF  NECESSARY, AND PUBLISHED EVERY FIVE YEARS ON THE
 DEPARTMENT'S WEBSITE, OR AT SUCH EARLIER TIMES AS MAY  BE  NECESSARY  TO
 IMPROVE  THE  EFFECTIVENESS  AND  EFFICIENCY  OF  THE  STATE'S EMERGENCY
 MEDICAL SERVICE SYSTEM.
   3. EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL DEVELOP  AND
 MAINTAIN A COMPREHENSIVE REGIONAL EMERGENCY MEDICAL SYSTEM PLAN OR ADOPT
 THE  STATEWIDE  COMPREHENSIVE  EMERGENCY MEDICAL SERVICE SYSTEM PLAN, TO
 PROVIDE FOR A COORDINATED EMERGENCY MEDICAL SYSTEM  WITHIN  THE  REGION.
 SUCH  PLANS  SHALL INCORPORATE ALL AMBULANCE SERVICES WITH A CURRENT EMS
 OPERATING CERTIFICATE FOR RESPONSE TO CALLS IN THEIR DESIGNATED  OPERAT-
 ING  TERRITORY  AND  SHALL  BE  SUBJECT TO REVIEW BY THE STATE EMERGENCY
 MEDICAL SERVICES COUNCIL AND FINAL APPROVAL  BY  THE  DEPARTMENT.    ANY
 PROPOSED  PERMANENT  CHANGES  TO  THE  REGIONAL EMERGENCY MEDICAL SYSTEM
 PLAN, INCLUDING THE DISSOLUTION OF AN  AMBULANCE  SERVICES  DISTRICT  OR
 OTHER  SIGNIFICANT  MODIFICATION OF EXISTING COVERAGE SHALL BE SUBMITTED
 IN WRITING TO THE DEPARTMENT NO  LATER  THAN  ONE  HUNDRED  EIGHTY  DAYS
 BEFORE  THE  CHANGE  SHALL  TAKE  EFFECT. SUCH CHANGES SHALL NOT BE MADE
 UNTIL RECEIPT OF THE APPROPRIATE DEPARTMENTAL APPROVALS.
   4. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER-
 GENCY MEDICAL SYSTEM PLAN THAT SHALL PROVIDE FOR A COORDINATED EMERGENCY
 MEDICAL SYSTEM WITHIN THE COUNTY, TO PROVIDE ESSENTIAL EMERGENCY MEDICAL
 SERVICES FOR ALL RESIDENTS WITHIN THE COUNTY. THE COUNTY OFFICE OF EMER-
 GENCY MEDICAL SERVICES SHALL BE RESPONSIBLE FOR THE DEVELOPMENT,  IMPLE-
 MENTATION, AND MAINTENANCE OF THE COMPREHENSIVE COUNTY EMERGENCY MEDICAL
 SYSTEM  PLAN.  SUCH PLANS MAY REQUIRE REVIEW AND APPROVAL, AS DETERMINED
 BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, BY  SUCH  COUNCIL,  THE
 REGIONAL  EMERGENCY MEDICAL SERVICES COUNCIL AND APPROVAL BY THE DEPART-
 MENT.  SUCH PLAN SHALL INCORPORATE ALL AMBULANCE SERVICES WITH A CURRENT
 S. 4020--C                          4
 
 EMS OPERATING CERTIFICATE FOR RESPONSE  TO  CALLS  IN  THEIR  DESIGNATED
 OPERATING  TERRITORY AND SHALL OUTLINE THE PRIMARY RESPONDING AGENCY FOR
 REQUESTS FOR SERVICE FOR EACH PART OF THE COUNTY.   ANY PROPOSED  PERMA-
 NENT  CHANGES TO THE COUNTY EMERGENCY MEDICAL SYSTEM PLAN, INCLUDING THE
 DISSOLUTION OF AN  AMBULANCE  SERVICES  DISTRICT  OR  OTHER  SIGNIFICANT
 MODIFICATION  OF  EXISTING COVERAGE SHALL BE SUBMITTED IN WRITING TO THE
 DEPARTMENT NO LATER THAN ONE HUNDRED EIGHTY DAYS BEFORE THE CHANGE SHALL
 TAKE EFFECT. SUCH CHANGES SHALL NOT BE MADE UNTIL RECEIPT OF THE  APPRO-
 PRIATE  APPROVALS.  NO COUNTY SHALL REMOVE OR REASSIGN AN AREA SERVED BY
 AN EXISTING MEDICAL EMERGENCY  RESPONSE  AGENCY  WHERE  SUCH  AGENCY  IS
 COMPLIANT WITH ALL STATUTORY AND REGULATORY REQUIREMENTS, AND HAS AGREED
 TO THE PROVISION OF THE APPROVED PLAN.
   §  5.  The public health law is amended by adding a new section 3019-a
 to read as follows:
   § 3019-A. EMERGENCY MEDICAL SYSTEMS TRAINING PROGRAM. 1.    THE  STATE
 EMERGENCY  MEDICAL  SERVICES  COUNCIL  SHALL MAKE RECOMMENDATIONS TO THE
 DEPARTMENT FOR THE DEPARTMENT TO  IMPLEMENT  STANDARDS  RELATED  TO  THE
 ESTABLISHMENT  OF  TRAINING  PROGRAMS FOR EMERGENCY MEDICAL SYSTEMS THAT
 INCLUDE BUT ARE NOT LIMITED TO STUDENTS, EMERGENCY MEDICAL SERVICE PRAC-
 TITIONERS, EMERGENCY MEDICAL  SERVICES  AGENCIES,  APPROVED  EDUCATIONAL
 INSTITUTIONS,  GEOGRAPHIC  AREAS,  FACILITIES,  AND  PERSONNEL,  AND THE
 COMMISSIONER SHALL FUND SUCH TRAINING PROGRAMS IN FULL OR IN PART  BASED
 ON  STATE  APPROPRIATIONS.   UNTIL SUCH TIME AS THE DEPARTMENT ANNOUNCES
 THE TRAINING PROGRAM ESTABLISHED PURSUANT TO THIS SECTION IS IN  EFFECT,
 ALL  CURRENT  STANDARDS, CURRICULA, AND REQUIREMENTS FOR STUDENTS, EMER-
 GENCY MEDICAL SERVICE PRACTITIONERS, AGENCIES, FACILITIES, AND PERSONNEL
 SHALL REMAIN IN EFFECT.
   2. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, WITH  FINAL  APPROVAL
 OF  THE DEPARTMENT, SHALL ESTABLISH MINIMUM EDUCATION STANDARDS, CURRIC-
 ULA, AND REQUIREMENTS  FOR  ALL  EMERGENCY  MEDICAL  SYSTEM  EDUCATIONAL
 INSTITUTIONS.  NO  PERSON  OR  EDUCATIONAL  INSTITUTION SHALL PROFESS TO
 PROVIDE EMERGENCY MEDICAL SYSTEM TRAINING WITHOUT MEETING  THE  REQUIRE-
 MENTS SET FORTH IN REGULATION AND ONLY AFTER APPROVAL OF THE DEPARTMENT.
   3. THE DEPARTMENT IS AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR THROUGH
 CONTRACT,  FOR  LOCAL OR STATEWIDE INITIATIVES, EMERGENCY MEDICAL SYSTEM
 TRAINING FOR  EMERGENCY  MEDICAL  SERVICE  PRACTITIONERS  AND  EMERGENCY
 MEDICAL SYSTEM AGENCY PERSONNEL, USING FUNDING INCLUDING BUT NOT LIMITED
 TO  ALLOCATIONS  TO  AID  TO  LOCALITIES  FOR EMERGENCY MEDICAL SERVICES
 TRAINING.
   4.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE REGIONAL
 EMERGENCY MEDICAL SERVICES COUNCIL WITH JURISDICTION OVER  THE  CITY  OF
 NEW  YORK  SHALL HAVE AUTHORITY TO ESTABLISH, SUBJECT TO THE APPROVAL OF
 THE COMMISSIONER, TRAINING  AND  EDUCATIONAL  REQUIREMENTS  WHICH  SHALL
 APPLY  TO  ALL EMERGENCY MEDICAL PRACTITIONERS WORKING IN THE 911 SYSTEM
 OF THE CITY OF NEW YORK AND TO DETERMINE PROTOCOLS FOR THE  DELIVERY  OF
 EMERGENCY  MEDICAL CARE, INCLUDING THOSE RELATED TO STAFFING, IN THE 911
 SYSTEM OF THE CITY OF NEW YORK. SUCH TRAINING AND  EDUCATIONAL  REQUIRE-
 MENTS  AND PROTOCOLS FOR THE DELIVERY OF CARE SHALL BE AT LEAST EQUAL OR
 COMPARABLE TO THOSE APPLICABLE TO EMERGENCY MEDICAL SERVICE  PRACTITION-
 ERS IN OTHER AREAS OF THE STATE.
   5.  THE  DEPARTMENT MAY VISIT AND INSPECT ANY EMERGENCY MEDICAL SYSTEM
 TRAINING PROGRAM OR TRAINING CENTER  OPERATING  UNDER  THIS  ARTICLE  TO
 ENSURE  COMPLIANCE.    THE  DEPARTMENT MAY REQUEST THE STATE OR REGIONAL
 EMERGENCY MEDICAL SERVICES COUNCIL'S ASSISTANCE TO  ENSURE  THE  COMPLI-
 ANCE,  MAINTENANCE,  AND  COORDINATION  OF  TRAINING PROGRAMS. EMERGENCY
 MEDICAL SERVICES INSTITUTIONS THAT FAIL TO MEET APPLICABLE STANDARDS AND
 S. 4020--C                          5
 
 REGULATIONS MAY BE SUBJECT TO  ENFORCEMENT  ACTION,  INCLUDING  BUT  NOT
 LIMITED  TO  REVOCATION,  SUSPENSION,  PERFORMANCE IMPROVEMENT PLANS, OR
 RESTRICTION FROM SPECIFIC TYPES OF EDUCATION.
   §  6. Section 3020 of the public health law is amended by adding three
 new subdivisions 3, 4 and 5 to read as follows:
   3. THE DEPARTMENT, WITH THE APPROVAL OF THE  STATE  EMERGENCY  MEDICAL
 SERVICES COUNCIL, MAY CREATE OR ADOPT ADDITIONAL STANDARDS, TRAINING AND
 CRITERIA  TO  BECOME  AN EMERGENCY MEDICAL SERVICE PRACTITIONER CREDENT-
 IALLED TO PROVIDE SPECIALIZED, ADVANCED, OR OTHER SERVICES THAT  FURTHER
 SUPPORT  OR  ADVANCE THE EMERGENCY MEDICAL SYSTEM.  THE DEPARTMENT, WITH
 APPROVAL OF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL  MAY  ALSO  SET
 STANDARDS AND REQUIREMENTS TO REQUIRE SPECIALIZED CREDENTIALS TO PERFORM
 CERTAIN FUNCTIONS IN THE EMERGENCY MEDICAL SERVICES SYSTEM.
   4.  THE  DEPARTMENT,  WITH  APPROVAL  OF  THE  STATE EMERGENCY MEDICAL
 SERVICES COUNCIL MAY ALSO SET STANDARDS  FOR  EMERGENCY  MEDICAL  SYSTEM
 AGENCIES  TO  BECOME  ACCREDITED  IN  A SPECIFIC AREA TO INCREASE SYSTEM
 PERFORMANCE AND AGENCY RECOGNITION.
   5. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE  REGIONAL
 EMERGENCY  MEDICAL  SERVICES  COUNCIL WITH JURISDICTION OVER THE CITY OF
 NEW YORK SHALL HAVE AUTHORITY TO ESTABLISH, SUBJECT TO THE  APPROVAL  OF
 THE  COMMISSIONER,  TRAINING  AND  EDUCATIONAL  REQUIREMENTS WHICH SHALL
 APPLY TO ALL EMERGENCY MEDICAL PRACTITIONERS WORKING IN THE  911  SYSTEM
 OF  THE  CITY OF NEW YORK AND TO DETERMINE PROTOCOLS FOR THE DELIVERY OF
 EMERGENCY MEDICAL CARE, INCLUDING THOSE RELATED TO STAFFING, IN THE  911
 SYSTEM  OF  THE CITY OF NEW YORK. SUCH TRAINING AND EDUCATIONAL REQUIRE-
 MENTS AND PROTOCOLS FOR THE DELIVERY OF CARE SHALL BE AT LEAST EQUAL  OR
 COMPARABLE  TO THOSE APPLICABLE TO EMERGENCY MEDICAL SERVICE PRACTITION-
 ERS IN OTHER AREAS OF THE STATE.
   § 7. This act shall take effect six months after it shall have  become
 a law.

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Senate Bill S4020C

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Apr 15, 2024 - Local Government Committee Vote

Local Government Committee Vote: Apr 15, 2024

Bill Amendments

co-Sponsors

2023-S4020 - Details

2023-S4020 - Summary

2023-S4020 - Sponsor Memo

2023-S4020 - Bill Text download pdf

co-Sponsors

2023-S4020A - Details

2023-S4020A - Summary

2023-S4020A - Sponsor Memo

2023-S4020A - Bill Text download pdf

co-Sponsors

2023-S4020B - Details

2023-S4020B - Summary

2023-S4020B - Sponsor Memo

2023-S4020B - Bill Text download pdf

co-Sponsors

2023-S4020C (ACTIVE) - Details

2023-S4020C (ACTIVE) - Summary

2023-S4020C (ACTIVE) - Sponsor Memo

2023-S4020C (ACTIVE) - Bill Text download pdf

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Senate Bill S4020C

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Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2023-S4020 - Details

2023-S4020 - Summary

2023-S4020 - Sponsor Memo

2023-S4020 - Bill Text download pdf

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2023-S4020A - Details

2023-S4020A - Summary

2023-S4020A - Sponsor Memo

2023-S4020A - Bill Text download pdf

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2023-S4020B - Details

2023-S4020B - Summary

2023-S4020B - Sponsor Memo

2023-S4020B - Bill Text download pdf

co-Sponsors

2023-S4020C (ACTIVE) - Details

2023-S4020C (ACTIVE) - Summary

2023-S4020C (ACTIVE) - Sponsor Memo

2023-S4020C (ACTIVE) - Bill Text download pdf

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