Section 3002-A. State emergency medical advisory committee  


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  • 1. There shall
      be a state emergency medical advisory committee of the  state  emergency
      medical  services  council consisting of twenty-nine members. Twenty-one
      members shall be physicians appointed by the commissioner, including one
      from  each  regional  emergency  medical  advisory  committee   and   an
      additional  physician  from  the  city  of  New  York  and  at least one
      pediatrician, one trauma surgeon, and  one  psychiatrist.  Each  of  the
      physicians shall have demonstrated knowledge and experience in emergency
      medical  services. There shall be eight non-physician non-voting members
      appointed by the chairperson of the state council, at least five of whom
      shall be members of the state emergency medical services council at  the
      time  of  their  appointment.  At  least  one  of  the eight shall be an
      emergency nurse, at least one shall be  an  advanced  emergency  medical
      technician,  at least one shall be a basic emergency medical technician,
      and  at  least  one  shall  be  employed  in  a  hospital  setting  with
      administrative  responsibility  for  a  hospital emergency department or
      service. The  commissioner  shall  appoint  a  physician  to  chair  the
      committee.
        2.  The  committee  shall  develop  and recommend to the state council
      statewide minimum standards for: (a)  medical  control;  (b)  treatment,
      transportation  and  triage  protocols, including protocols for invasive
      procedures and infection control; and (c) the use of  regulated  medical
      devices  and  drugs  by  emergency  medical services personnel certified
      pursuant  to  this  article.  The  state  emergency   medical   advisory
      committee,  with  the  consent  of  the commissioner, may issue advisory
      guidelines in any of these areas, which shall not  have  the  force  and
      effect  of  law  unless  adopted  as  rules and regulations by the state
      emergency medical services council. The state emergency medical advisory
      committee shall advise the  state  emergency  medical  services  council
      prior to the issuance of any guidelines. The committee shall also review
      protocols  developed  by  regional emergency medical advisory committees
      for consistency with statewide standards.
        2-a. Any decision of the state emergency  medical  advisory  committee
      regarding   medical   control,   protocols  for  treatment,  triage,  or
      transportation, or the use of regulated medical devices may be  appealed
      to  the commissioner by any required regional emergency medical services
      council,  regional  emergency  medical  advisory  committee,   ambulance
      service  or advanced life support service, or certified first responder,
      emergency medical technician, or advanced emergency  medical  technician
      adversely affected.
        3.  Each  member  shall  have a term of two years, except that five of
      those first appointed shall have a term  of  three  years.  Members  may
      succeed themselves.
        4. The committee 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  committee  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.
        5. No civil action shall be brought in any court against  any  member,
      officer  or  employee of the committee 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 committee, 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.