Section 3002. New York state emergency medical services council

1. There is
  hereby  created in the department of health the New York state emergency
  medical services council. The state council shall consist of  thirty-two
  members. Fourteen members to the state council shall be appointed by the
  commissioner  and shall be representative of each geographic area of the
  state. At least one member shall be representative of the  interests  of
  the  general  public.  Other  members  shall be knowledgeable in various
  aspects of emergency medical services and  shall  include,  but  not  be
  limited  to,  representatives  of voluntary ambulance services, advanced
  life support first response services, ambulance services  operating  for
  profit,   municipal   ambulance   services,   hospitals,   a   statewide
  organization  representing  volunteer  fire  services,   municipal   tax
  districts  providing  ambulance  services,  physicians,  and nurses. The
  commissioner shall also appoint  a  representative  from  each  regional
  council,   from  nominations  received  from  the  appropriate  regional
  council. The members of the state council shall elect a chairperson from
  among the members of the state council  by  a  majority  vote  of  those
  present, who shall serve for a term of one year and until a successor is
  elected.
    2. The state council shall have the power, by an affirmative vote of a
  majority  of  those present, subject to approval by the commissioner, to
  enact, and from time to time, amend and repeal,  rules  and  regulations
  establishing minimum standards for ambulance services, ambulance service
  certification,  advanced  life  support  first  response  services,  the
  provision of prehospital emergency medical care, public  education,  the
  development  of  a  statewide  emergency  medical  services  system, the
  provision of ambulance services outside the primary territory  specified
  in  the  ambulance  services' certificate and the training, examination,
  and certification  of  certified  first  responders,  emergency  medical
  technicians,  and  advanced  emergency  medical  technicians;  provided,
  however, that  such  minimum  standards  must  be  consistent  with  the
  staffing  standards established by section three thousand five-a of this
  article. Such training shall be made available by video or  computer  to
  the  maximum  extent  possible.  Until  January  first, nineteen hundred
  ninety-seven, no minimum standards shall  be  established  for  services
  provided by a voluntary ambulance service operating solely pursuant to a
  statement  of registration issued under section three thousand four. The
  curriculum for certified  first  responder  training  shall  not  exceed
  fifty-one  hours  including  prerequisites. The state council shall have
  the same powers granted to regional councils  by  this  article  in  any
  region   of  the  state  in  which  a  regional  council  has  not  been
  established.
    2-a. In furtherance of the powers set forth in subdivision two of this
  section, the state council shall provide to the trustees  of  the  state
  university  of  New  York such information and recommendations as may be
  requested by such  trustees  to  assist  such  trustees'  study  of  the
  feasibility  of  community  colleges'  and  state university of New York
  agricultural and  technical  colleges'  offering  credit  and  noncredit
  courses   which   would   satisfy   the   educational  requirements  for
  certification and recertification of emergency medical  technicians  and
  advanced emergency medical technicians.
    * 2-b.  The  commissioner,  in  consultation  with the state emergency
  medical services council, shall develop a pilot program in at least  six
  regions  of  the  state  (including  the  western  New  York and capital
  regions) to allow emergency medical technicians and  advanced  emergency
  medical  technicians  who  have  been  in  continuous practice, who have
  demonstrated  competence  in  applicable  behavioral   and   performance
  objectives,   and   who  have  demonstrated  completion  of  appropriate

  continuing education, to renew their certification under subdivision two
  of  this  section  without  requiring  the  completion  of   a   written
  examination.   In  implementing  this  program  the  commissioner  shall
  contract  with  and  use  the  standards  established  by  a  nationally
  recognized organization that certifies emergency medical technicians and
  advanced emergency medical technicians. However, no pilot program  shall
  include  employees  of  a  municipal  ambulance service in cities with a
  population  over  one  million.  Renewals  of  certification  under  the
  demonstration  program  shall  be  deemed  equivalent  to renewals under
  subdivision two of this section for purposes of this article.
    Within one year of developing the demonstration program  and  annually
  thereafter,  the  commissioner  shall  report  to the legislature on the
  impact of the program on the quality of patient care, the  effectiveness
  of  the program in retaining certified emergency medical technicians and
  advanced emergency medical technicians, and the feasibility of replacing
  the state's certification program with a national certification program.
    * NB Repealed July 1, 2011
    3. Upon appeal  from  the  appropriate  regional  council,  the  state
  council  shall  have  the power, by an affirmative vote of a majority of
  those present, to  amend,  modify  and  reverse  determinations  of  the
  regional  councils  made  pursuant  to subdivision five of section three
  thousand three and section three thousand eight  of  this  article.  All
  determinations   of   the  state  council  respecting  applications  for
  ambulance  service  certificates  or  statements  of   registration   or
  respecting  the  revocation,  suspension  (except temporary suspension),
  limitation or annulment of an ambulance  service  certificate  shall  be
  subject  to  review  as  provided  in article seventy-eight of the civil
  practice law and rules. Application for such review must be made  within
  sixty days after service in person or by registered or certified mail of
  a  copy  of  the  determination  upon  the  applicant  or  holder of the
  certificate.
    3-a. Upon appeal from the applicant, the department, or any  concerned
  party, the state council shall have the power, by an affirmative vote of
  a majority of those present, to amend, modify and reverse determinations
  of  the regional councils made pursuant to subdivision five-a of section
  three thousand three of this article. All determinations  of  the  state
  council  with  respect  to  exemptions  shall  be  subject  to review as
  provided in article seventy-eight of the civil practice law  and  rules.
  Application for such review must be made within sixty days after service
  in person or by registered or certified mail.
    4.  The  term  of  office of each member shall be two years. Vacancies
  shall be filled by appointment for the remainder of an  unexpired  term.
  The members shall continue in office until the expiration of their terms
  and  until  their successors are appointed and have qualified. No member
  shall be appointed to the state council for more than  four  consecutive
  terms.
    5.  The  state  council  shall  meet as frequently as its business may
  require. The presence of a majority of the members  shall  constitute  a
  quorum.  The  members of the state council shall receive no compensation
  for their services as members, but each shall be allowed  the  necessary
  and  actual  expenses  incurred  in the performance of his or her duties
  under this section.
    6.  The  commissioner,  upon  request  of  the  state  council,  shall
  designate  an  officer or employee of the department to act as secretary
  of the state council, and shall assign from  time  to  time  such  other
  employees as the state council may require.
    7.  No  civil action shall be brought in any court against any member,
  officer or employee of the state council for any act  done,  failure  to

  act,  or  statement or opinion made, while discharging his or her duties
  as a member, officer or employee of the  state  council,  without  leave
  from a justice of the supreme court, first had and obtained. In no event
  shall such member, officer or employee be liable for damages in any such
  action if he or she shall have acted in good faith, with reasonable care
  and upon probable cause.
    8. The state council shall, after consultation with the department and
  the  regional  councils,  forward  to  the  commissioner  not later than
  December first an estimate of the amounts  needed  to  provide  adequate
  funding  for emergency medical services training including advanced life
  support  at  the  local  level,  regional  medical  emergency   services
  councils,   emergency  medical  services  program  agencies,  the  state
  emergency medical services council or other emergency  medical  services
  training  programs to carry out the purposes of this article and article
  thirty-A of this chapter. Such estimate  shall  be  transmitted  without
  change  by the commissioner to the governor, the division of the budget,
  the temporary president of the senate, the speaker of the assembly,  and
  the fiscal and health committees of each house of the legislature.