NY State Senate Bill 2015-S843A

Senate Bill S843A

2015-2016 Legislative Session

Enacts the good samaritan ambulance act of 2016 to allow the provision of ambulance services outside of an agency's primary territory in emergencies

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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
Mar 21, 2016	print number 843a
Mar 21, 2016	amend (t) and recommit to health
Jan 06, 2016	referred to health
Jan 07, 2015	referred to health

Bill Amendments

Original

A (Active)

2015-S843 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3001 & 3010, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S3975

2015-S843 - Summary

Enacts the good samaritan ambulance act to allow the provision of ambulance services outside of an agency's primary territory in emergencies.

2015-S843 - Sponsor Memo

                                BILL NUMBER:S843

TITLE OF BILL:  An act to amend the public health law, in relation to
enacting the good samaritan ambulance act of 2015

PURPOSE:

To allow the provision of ambulance services outside of an agency's
primary territory in emergencies.

SUMMARY OF PROVISIONS:

Section 1 names the legislation the "Good Samaritan Ambulance Act of
2015."

Section 2 amends 3001 of the Public Health Law by adding a new
subdivision 22 to define "operate" to mean an ambulance receiving
patients.

Section 3 amends subdivision 1 of § 3010 of the Public Health Law to
establish that an agency receiving a report of a life-threatening
medical emergency outside of its primary territory may respond with
ambulance services if it believes in good faith that the agency
primarily responsibility for the territory will be delayed and that
delay may exacerbate the emergency.

Section 4 contains the effective date.

JUSTIFICATION:

Emergency ambulance services can often save lives when provided as
quickly as possible. Unfortunately, current law prevents many
ambulance operators from responding to emergencies outside their
primary territory, even when it is clear that the agency primarily
responsible for the territory will be delayed and that the emergency
will escalate because of this delay. Without legislative clarity that
agencies will not be threatened with the loss of their operating
certificate, the agencies will not make good faith efforts to
intervene outside their primary territory when lives are threatened.

HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This bill would 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.

2015-S843 - Bill Text download pdf

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

                                   843

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to enacting the  good
  samaritan ambulance act of 2015

  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 2015".
  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-
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

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

                                                           LBD03873-01-5

S. 843                              2

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.

2015-S843A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3001 & 3010, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S3975

2015-S843A (ACTIVE) - Summary

Enacts the good samaritan ambulance act to allow the provision of ambulance services outside of an agency's primary territory in emergencies.

2015-S843A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S843A

 TITLE OF BILL :  An act to amend the public health law, in relation
to enacting the good samaritan ambulance act of 2016

 PURPOSE :

To allow the provision of ambulance services outside of an agency's
primary territory in emergencies.

 SUMMARY OF PROVISIONS :

Section 1 names the legislation the "Good Samaritan Ambulance Act of
2016."

Section 2 amends 3001 of the Public Health Law by adding a new
subdivision 22 to define "operate" to mean an ambulance receiving
patients.

Section 3 amends subdivision 1 of § 3010 of the Public Health Law to
establish that an agency receiving a report of a life-threatening
medical emergency outside of its primary territory may respond with
ambulance services if it believes in good faith that the agency
primarily responsibility for the territory will be delayed and that
delay may exacerbate the emergency.

Section 4 contains the effective date.

 JUSTIFICATION :

Emergency ambulance services can often save lives when provided as
quickly as possible. Unfortunately, current law prevents many
ambulance operators from responding to emergencies outside their
primary territory, even when it is clear that the agency primarily
responsible for the territory will be delayed and that the emergency
will escalate because of this delay. Without legislative clarity that
agencies will not be threatened with the loss of their operating
certificate, the agencies will not make good faith efforts to
intervene outside their primary territory when lives are threatened.

 HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This bill would 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.

2015-S843A (ACTIVE) - Bill Text download pdf

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

                                 843--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health 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 public health law, in relation to enacting the good
  samaritan ambulance act of 2016

  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 2016".
  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.

                                                           LBD03873-02-6

S. 843--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.

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