§ 122. Refusal to take persons to hospital prohibited; exception for
cities with a population of one million or more. 1. (a) Except as
otherwise provided in subdivision two of this section, in any city,
county, town or village of this state wherein exists, or is hereafter
created, an ambulance system, supported wholly or partly at public
expense, or which is wholly or partly under the care, management or
control of the public authorities, no person in charge of an ambulance,
hospital, or house or place of reception for the sick or injured, shall
refuse, in answer to a call or demand for an ambulance, if such call has
been answered by the attendance of an ambulance, to take such person for
whom a call may be made to the hospital or place of reception for the
sick or injured from which the ambulance came, for examination and
treatment by the house authorities of the said hospital or place of
reception for the sick or injured.

(b) Except as otherwise provided in subdivision two of this section,
any person neglecting or refusing to comply with the provisions of this
section shall be guilty of a misdemeanor.

(c) This subdivision shall apply to the drivers of and to the
physician in charge of an ambulance.

2. In cities with a population of one million or more, nothing
contained in subdivision one of this section shall be construed to
require the transportation of any person when: (a) an emergency medical
technician, advanced emergency medical technician or paramedic, employed
by or under the supervision of a public benefit corporation authorized
by law to maintain an emergency medical service, called to transport
such person, physically examines such person; (b) such emergency medical
technician, advanced emergency medical technician or paramedic transmits
the findings made during such examination to a physician in
communication authorized to provide medical control by such city's
emergency medical service; and (c) such physician determines, based
solely upon the medical condition of such person being considered for
ambulance transportation, that such person either is not in need of
emergency medical care or is neither sufficiently ill nor injured to
necessitate transportation to a hospital by means of an ambulance.