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This entry was published on 2014-09-22
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SECTION 3002-A
State emergency medical advisory committee
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 3002-a. State emergency medical advisory committee. 1. There shall
be a state emergency medical advisory committee of the state emergency
medical services council consisting of thirty-one members. Twenty-three
members shall be physicians appointed by the commissioner, including one
nominated by each regional emergency medical services council, an
additional physician from the city of New York, one pediatrician, one
trauma surgeon, one psychiatrist and the chairperson. Each of the
physicians shall have demonstrated knowledge and experience in emergency
medical services. There shall be eight non-physician non-voting members
appointed by the chairperson of the state council, at least five of whom
shall be members of the state emergency medical services council at the
time of their appointment. At least one of the eight shall be an
emergency nurse, at least one shall be an advanced emergency medical
technician, at least one shall be a basic emergency medical technician,
and at least one shall be employed in a hospital setting with
administrative responsibility for a hospital emergency department or
service.

2. The committee shall develop and recommend to the state council
statewide minimum standards for: (a) medical control; (b) treatment,
transportation and triage protocols, including protocols for invasive
procedures and infection control; and (c) the use of regulated medical
devices and drugs by emergency medical services personnel certified
pursuant to this article. The state emergency medical advisory
committee, with the consent of the commissioner, may issue advisory
guidelines in any of these areas, which shall not have the force and
effect of law unless adopted as rules and regulations by the state
emergency medical services council. The state emergency medical advisory
committee shall advise the state emergency medical services council
prior to the issuance of any guidelines. The committee shall also review
protocols developed by regional emergency medical advisory committees
for consistency with statewide standards.

2-a. Any decision of the state emergency medical advisory committee
regarding medical control, protocols for treatment, triage, or
transportation, or the use of regulated medical devices may be appealed
to the commissioner by any required regional emergency medical services
council, regional emergency medical advisory committee, ambulance
service or advanced life support service, or certified first responder,
emergency medical technician, or advanced emergency medical technician
adversely affected.

3. Each member shall have a term of two years, except that five of
those first appointed shall have a term of three years. Members may
succeed themselves.

4. The committee 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 committee 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.

5. No civil action shall be brought in any court against any member,
officer or employee of the committee 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 committee, 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.