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This entry was published on 2014-09-22
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SECTION 3011
Powers and duties of the department and the commissioner
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 3011. Powers and duties of the department and the commissioner. 1.
The department may inquire into the operation of ambulance services and
advanced life support first response services and conduct periodic
inspections of facilities, communication services, vehicles, methods,
procedures, materials, staff and equipment. It may also evaluate data
received from ambulance services and advanced life support first
response services.

2. The department may require ambulance services and advanced life
support first response services to submit periodic reports of calls
received, services performed and such other information as may be
necessary to carry out the provisions of this article.

3. The commissioner, with the advice and consent of the state council,
shall designate not more than eighteen geographic areas within the state
wherein a regional emergency medical services council shall be
established. In making the determination of a geographic area, the
commissioner shall take into consideration the presence of ambulance
services, hospital facilities, existing emergency medical services
committees, trained health personnel, health planning agencies and
communication and transportation facilities; and shall establish
separate regional emergency medical services councils for the counties
of Nassau and Westchester. The commissioner shall promote and encourage
the establishment of a regional emergency medical services council in
each of said designated areas.

3-a. Notwithstanding any inconsistent provision of this article:

a. The creation of any regional council or emergency medical services
program agency on or after January first, two thousand shall not
diminish any then existing funding appropriated after the effective date
of this subdivision to regional councils or emergency medical services
program agencies;

b. Subject to the provisions of paragraph c of this subdivision,
funding for regional councils and emergency medical services program
agencies existing on or after January first, two thousand shall be
increased in proportion to any funding appropriated therefor by the
department and in such proportion as determined by the department;

c. Funding for any regional council or emergency medical services
program agency created on or after January first, two thousand shall be
in addition to any funds appropriated on the effective date of this
subdivision for regional councils or emergency medical services program
agencies existing on January first, two thousand. Funding for any
regional council or emergency medical services program agency created
after January first, two thousand shall be in an amount at least equal
to the minimum funding level appropriated to regional councils or
emergency medical services program agencies existing on such date, or in
an amount equal to the proportion that such new regional council or
emergency medical services program agency represented on the basis of
population in its former regional council or emergency medical services
program agency, whichever is larger.

4. The commissioner may propose rules and regulations and amendments
thereto for consideration by the state council. The commissioner shall
establish a schedule of certification fees for ambulance services and
advanced life support first response services other than voluntary
ambulance services and voluntary advanced life support first response
services.

5. For the purpose of promoting the public health, safety and welfare
the commissioner is hereby authorized and empowered to contract with
voluntary ambulance services and municipal ambulance services, or with
the fire commissioners of fire districts operating voluntary ambulance
services, upon such terms and conditions as he shall deem appropriate
and within amounts made available therefor, for reimbursement of the
necessary and incidental costs incurred by such ambulance services in
order to effectuate the provisions of this article.

6. The commissioner is hereby authorized, for the purposes of
effectuating the provisions of this article in the development of a
statewide emergency medical service system, to contract with any
ambulance service or with the fire commissioners of fire districts
operating certified voluntary ambulance services for the use of
necessary equipment upon such terms and conditions as the commissioner
shall deem appropriate.

7. The commissioner may recommend to the state council minimum
qualifications for certified first responders (which shall not exceed
fifty-one hours), emergency medical technicians and advanced emergency
medical technicians in all phases of emergency medical technology
including but not limited to, communications, first aid, equipment,
maintenance, emergency techniques and procedures, patient management and
knowledge of procedures and equipment for emergency medical care.

8. The commissioner shall provide every certified ambulance service
and advanced life support first response service with an official
insignia which may be attached to every vehicle owned or operated by a
certified ambulance service or advanced life support first response
service.

9. The department shall provide the state council with such assistance
as the council may request in order to carry out its responsibilities as
set forth in subdivision two-a of section three thousand two of this
article.

10. The commissioner is hereby authorized and empowered to extend the
certification for emergency medical technicians, advanced emergency
medical technicians or certified first responders who have been ordered
to active military duty, other than for training, on or after the
eleventh day of September, two thousand one and whose certification will
expire during their military duty or within the six months immediately
following separation from military service. The extended certification
shall be for the period of military duty and for twelve months after
they have been released from active military duty.

11. The commissioner, with the advice and consent of the state
council, shall promulgate rules and regulations necessary to ensure
compliance with the provisions of subdivision two of section sixty-seven
hundred thirteen of the education law.