Section 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.