S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4598--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced  by  M. of A. QUART, LAVINE, LALOR, RAIA, O'DONNELL, SCHIMEL,
  GOODELL -- Multi-Sponsored by -- M. of A.  GALEF,  McDONOUGH  --  read
  once  and  referred  to  the Committee on Health -- recommitted to the
  Committee on Health in accordance with Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the public health law, in relation to enacting the  good
  samaritan ambulance act of 2014

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and  may  be  cited  as  "the  good
samaritan ambulance act of 2014".
  S  2. Section 3001 of the public health law is amended by adding a new
subdivision 22 to read as follows:
  22. "OPERATE" MEANS WITH RESPECT TO AN AMBULANCE RECEIVING PATIENTS.
  S 3. Subdivision 1 of section  3010  of  the  public  health  law,  as
amended  by  chapter  588  of  the  laws  of 1993, is amended to read as
follows:
  1. Every ambulance service certificate or  statement  of  registration
issued  under  this  article  shall specify the primary territory within
which the ambulance service shall be permitted to operate. An  ambulance
service  shall receive patients only within the primary territory speci-
fied on its ambulance service certificate or statement of  registration,
except: (a) when receiving a patient which it initially transported to a
facility  or location outside its primary territory; (b) as required for
the fulfillment of a mutual aid agreement  authorized  by  the  regional
council; (c) upon express approval of the department and the appropriate
regional  emergency medical services council for a maximum of sixty days
if necessary to meet an  emergency  need;  provided  that  in  order  to
continue such operation beyond the sixty day maximum period necessary to
meet  an emergency need, the ambulance service must satisfy the require-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07744-03-4
              

A. 4598--A                          2

ments of this article, regarding determination of public need and  spec-
ification  of the primary territory on the ambulance service certificate
or statement of registration; [or] (d) an ambulance service or  advanced
life  support  first  response  service organization formed to serve the
need for the provision of emergency medical services in accordance  with
the  religious  convictions  of  a religious denomination may serve such
needs in an area adjacent to such primary territory and, while  respond-
ing  to  a  call  for such service, the needs of other residents of such
area at the emergency scene; (E) ANY AGENCY RECEIVING A REPORT OF A LIFE
THREATENING MEDICAL EMERGENCY REQUIRING EMERGENCY MEDICAL SERVICES  THAT
IN  GOOD  FAITH  CONCLUDES, ON THE BASIS OF INFORMATION AVAILABLE AT THE
TIME, THAT THE AGENCY HAVING PRIMARY RESPONSIBILITY  FOR  THE  TERRITORY
WILL BE DELAYED, AND SUCH DELAY MAY UNNECESSARILY ESCALATE OR EXACERBATE
THE  EMERGENCY,  SHALL  NOT  BE  SUBJECT  TO  ANY SANCTION FOR OPERATING
OUTSIDE ITS PRIMARY TERRITORY, PROVIDED, THAT, IT:  ATTEMPTS  TO  NOTIFY
THE AGENCY HAVING PRIMARY RESPONSIBILITY FOR THAT TERRITORY OF THE EMER-
GENCY AND OF ITS RESPONSE; HAS THE RESOURCES AVAILABLE TO RESPOND TO THE
EMERGENCY;  AND  IS  NOT CANCELLED EITHER IN ROUTE OR ON THE SCENE BY AN
AGENCY OR DISPATCHER HAVING PRIMARY RESPONSIBILITY FOR THE TERRITORY; OR
(F) IF AN AGENCY HAVING PRIMARY RESPONSIBILITY FOR  A  TERRITORY  AVAILS
ITSELF OF THE RESOURCES, EQUIPMENT, OR PERSONNEL OF AN AGENCY RESPONDING
TO  AN EMERGENCY OUTSIDE THE RESPONDING AGENCY'S PRIMARY TERRITORY, THEN
THE AGENCY HAVING PRIMARY  RESPONSIBILITY  FOR  THE  TERRITORY  WILL  BE
DEEMED  TO  HAVE  MADE A REQUEST FOR MUTUAL AID PURSUANT TO A MUTUAL AID
AGREEMENT AND THE AGENCY RESPONDING OUTSIDE  OF  ITS  PRIMARY  TERRITORY
WILL  NOT  BE  THE  SUBJECT OF ANY ADMINISTRATIVE SANCTION FOR OPERATING
OUTSIDE ITS PRIMARY TERRITORY; PROVIDED THAT (G)  NOTHING  CONTAINED  IN
THIS  SUBDIVISION  SHALL  IMPOSE  A  LEGAL DUTY ON ANY AGENCY TO RESPOND
OUTSIDE OF ITS PRIMARY TERRITORY AND ANY SUCH RESPONSE SHALL  BE  SOLELY
AT  THE DISCRETION OF THE AGENCY. Any ambulance service seeking to oper-
ate in more than one region shall make application to  each  appropriate
regional council. Whenever an application is made simultaneously to more
than  one  regional  council, the applications submitted to the regional
councils shall be identical, or copies  of  each  application  shall  be
submitted to all the regional councils involved.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.