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SECTION 3002
New York state emergency medical services council
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 3002. New York state emergency medical services council. 1. There is
hereby created in the department of health the New York state emergency
medical services council. The state council shall consist of thirty-two
members. Fourteen members to the state council shall be appointed by the
commissioner and shall be representative of each geographic area of the
state. At least one member shall be representative of the interests of
the general public. Other members shall be knowledgeable in various
aspects of emergency medical services and shall include, but not be
limited to, representatives of voluntary ambulance services, advanced
life support first response services, ambulance services operating for
profit, municipal ambulance services, hospitals, a statewide
organization representing volunteer fire services, municipal tax
districts providing ambulance services, physicians, and nurses. The
commissioner shall also appoint a representative from each regional
council, from nominations received from the appropriate regional
council. The members of the state council shall elect a chairperson from
among the members of the state council by a majority vote of those
present, who shall serve for a term of one year and until a successor is
elected.

2. The state council shall have the power, by an affirmative vote of a
majority of those present, subject to approval by the commissioner, to
enact, and from time to time, amend and repeal, rules and regulations
establishing minimum standards for ambulance services, ambulance service
certification, advanced life support first response services, the
provision of prehospital emergency medical care, public education, the
development of a statewide emergency medical services system, the
provision of ambulance services outside the primary territory specified
in the ambulance services' certificate and the training, examination,
and certification of certified first responders, emergency medical
technicians, and advanced emergency medical technicians; provided,
however, that such minimum standards must be consistent with the
staffing standards established by section three thousand five-a of this
article. Such training shall be made available by video or computer to
the maximum extent possible. Until January first, nineteen hundred
ninety-seven, no minimum standards shall be established for services
provided by a voluntary ambulance service operating solely pursuant to a
statement of registration issued under section three thousand four. The
curriculum for certified first responder training shall not exceed
fifty-one hours including prerequisites. The state council shall have
the same powers granted to regional councils by this article in any
region of the state in which a regional council has not been
established.

2-a. In furtherance of the powers set forth in subdivision two of this
section, the state council shall provide to the trustees of the state
university of New York such information and recommendations as may be
requested by such trustees to assist such trustees' study of the
feasibility of community colleges' and state university of New York
agricultural and technical colleges' offering credit and noncredit
courses which would satisfy the educational requirements for
certification and recertification of emergency medical technicians and
advanced emergency medical technicians.

2-b. The commissioner, in consultation with the state emergency
medical services council, shall develop a program to allow certified
first responders, emergency medical technicians and advanced emergency
medical technicians who have been in continuous practice, who have
demonstrated competence in applicable behavioral and performance
objectives, and who have demonstrated completion of appropriate
continuing education, to renew their certification under subdivision two
of this section without requiring the completion of a written
examination. In implementing this program, the commissioner shall
contract with and use the standards established by a nationally
recognized organization that certifies certified first responders,
emergency medical technicians and advanced emergency medical
technicians. Renewals of certification under the program shall be deemed
equivalent to renewals under subdivision two of this section for
purposes of this article.

3. Upon appeal from the appropriate regional council, the state
council shall have the power, by an affirmative vote of a majority of
those present, to amend, modify and reverse determinations of the
regional councils made pursuant to subdivision five of section three
thousand three and section three thousand eight of this article. All
determinations of the state council respecting applications for
ambulance service certificates or statements of registration or
respecting the revocation, suspension (except temporary suspension),
limitation or annulment of an ambulance service certificate shall be
subject to review as provided in article seventy-eight of the civil
practice law and rules. Application for such review must be made within
sixty days after service in person or by registered or certified mail of
a copy of the determination upon the applicant or holder of the
certificate.

3-a. Upon appeal from the applicant, the department, or any concerned
party, the state council shall have the power, by an affirmative vote of
a majority of those present, to amend, modify and reverse determinations
of the regional councils made pursuant to subdivision five-a of section
three thousand three of this article. All determinations of the state
council with respect to exemptions shall be subject to review as
provided in article seventy-eight of the civil practice law and rules.
Application for such review must be made within sixty days after service
in person or by registered or certified mail.

4. The term of office of each member shall be two years. Vacancies
shall be filled by appointment for the remainder of an unexpired term.
The members shall continue in office until the expiration of their terms
and until their successors are appointed and have qualified. No member
shall be appointed to the state council for more than four consecutive
terms.

5. The state council shall meet as frequently as its business may
require. The presence of a majority of the members shall constitute a
quorum. The members of the state council shall receive no compensation
for their services as members, but each shall be allowed the necessary
and actual expenses incurred in the performance of his or her duties
under this section.

6. The commissioner, upon request of the state council, shall
designate an officer or employee of the department to act as secretary
of the state council, and shall assign from time to time such other
employees as the state council may require.

7. No civil action shall be brought in any court against any member,
officer or employee of the state council for any act done, failure to
act, or statement or opinion made, while discharging his or her duties
as a member, officer or employee of the state council, without leave
from a justice of the supreme court, first had and obtained. In no event
shall such member, officer or employee be liable for damages in any such
action if he or she shall have acted in good faith, with reasonable care
and upon probable cause.

8. The state council shall, after consultation with the department and
the regional councils, forward to the commissioner not later than
December first an estimate of the amounts needed to provide adequate
funding for emergency medical services training including advanced life
support at the local level, regional medical emergency services
councils, emergency medical services program agencies, the state
emergency medical services council or other emergency medical services
training programs to carry out the purposes of this article and article
thirty-A of this chapter. Such estimate shall be transmitted without
change by the commissioner to the governor, the division of the budget,
the temporary president of the senate, the speaker of the assembly, and
the fiscal and health committees of each house of the legislature.