Section 3003. Regional emergency medical services councils

1.  The
  commissioner, with the approval of the state  council,  shall  designate
  regional emergency medical services councils on or before January first,
  nineteen  hundred  seventy-eight  but  in  no  event shall the number of
  regional councils exceed  eighteen.  Such  regional  councils  shall  be
  established  on  the  basis  of  application for designation as regional
  councils submitted by local organizations,  the  members  of  which  are
  knowledgeable  in  various  aspects  of emergency medical services. Such
  application shall describe the geographic area to be served and  contain
  a  list  of  nominees  for  appointment  to  membership on such regional
  councils and a statement as to the proposed method of operation in  such
  detail  as  the  commissioner,  with  the approval of the state council,
  shall prescribe.
    2. Each regional council shall be comprised of at  least  fifteen  but
  not   more  than  thirty  members  to  be  initially  appointed  by  the
  commissioner, with the approval of the state council,  from  nominations
  submitted  by  local  organizations  applying  for  establishment as the
  regional council.   Not less than one-third of  the  membership  of  the
  regional councils shall be representatives of ambulance services and the
  remaining  membership of the regional councils shall consist of, but not
  be limited to, representatives of existing local emergency medical  care
  committees,  physicians,  nurses,  hospitals,  health planning agencies,
  fire department emergency and rescue squads, public health officers  and
  the  general public. The county EMS coordinator, established pursuant to
  section two hundred twenty-three-b of the  county  law,  of  any  county
  within  the  region  shall serve as an ex officio member of the regional
  council; provided, however, nothing in this subdivision shall prevent  a
  county  EMS  coordinator  from  serving as a voting member of a regional
  council.  Members of each regional council  shall  be  residents  living
  within  the  geographic  area  to be served by the regional council. The
  presence of a majority of members shall constitute a quorum.
    3. Each regional council shall have the power to:
    (a) have a seal and alter the same at pleasure;
    (b) acquire, lease, hold, and dispose of real and personal property or
  any interest therein for its purposes;
    (c)  make  and  alter  by-laws  for  its  organization  and   internal
  management,  and  rules  and  regulations  governing the exercise of its
  powers and the fulfillment of its  purposes  under  this  article;  such
  rules  and regulations must be filed with the secretary of state and the
  state EMS council;
    (d) enter into contracts for employment of such officers and employees
  as it may require for the performance of its  duties;  and  to  fix  and
  determine  their qualifications, duties, and compensation, and to retain
  and employ such personnel as may  be  required  for  its  purposes;  and
  private  consultants on a contract basis or otherwise, for the rendering
  of professional or technical services and advice;
    (e) enter into contracts, leases, and subleases  and  to  execute  all
  instruments  necessary  or  convenient  for the conduct of its business,
  including contracts with  the  commissioner  and  any  state  agency  or
  municipal  entity;  and  contracts with hospitals and physicians for the
  purposes of carrying out its powers under this article;
    (f) undertake or cause to be undertaken plans, surveys,  analyses  and
  studies  necessary,  convenient or desirable for the effectuation of its
  purposes and powers, and  to  prepare  recommendations  and  reports  in
  regard thereto;
    (g)  fix and collect reasonable fees, rents, and other charges for the
  use of its equipment and the provision of its services;

    (h) contract for and to accept any  gifts  or  grants,  subsidies,  or
  loans  of  funds or property, or financial or other aid in any form from
  the federal  or  state  government  or  any  agency  or  instrumentality
  thereof;  or  from  any  other source, public or private, and to comply,
  subject to the provisions of this article, with the terms and conditions
  thereof;  provided,  however, that the councils may contract for payment
  of debt evidenced by bonds or notes or other evidence  of  indebtedness,
  either directly or through a lease purchase agreement;
    (i)  recommend  to the department approval of training course sponsors
  within its region, and to develop, promulgate and implement annually  an
  EMS training plan which addresses the needs of its region;
    (j) enter into contracts or memoranda of agreement with other regional
  councils  to  provide  services in a joint or cooperative manner; and to
  enter into contracts or memoranda  of  agreement  with  an  EMS  program
  agency  to  carry  out  one  or  more of its responsibilities under this
  article;
    (k) procure insurance against any loss or liability in connection with
  the use, management, maintenance, and operation  of  its  equipment  and
  facilities,  in  such  amounts  and  from such insurers as it reasonably
  deems necessary;
    (l) approve regional medical advisory committee nominees;
    (m)  provide  focused  technical  assistance  and  support  to   those
  voluntary  ambulance services operating under exemptions, to assist such
  services  in  progressing  toward  the  uniform  standards   established
  pursuant to this section. Such assistance and support shall include, but
  not be limited to, volunteer recruitment and management training; and
    (n) do all things necessary, convenient and desirable to carry out its
  purposes and for the exercise of the powers granted in this article.
    4.  Each  regional council shall have the responsibility to coordinate
  emergency medical services programs within its region, including but not
  limited to, the establishment of emergency  medical  technician  courses
  and  the  issuance  of uniform emergency medical technician insignia and
  certificates. Such training courses shall be made available by video  or
  computer to the maximum extent possible.
    5.  The  regional  council  shall  have  the  responsibility  to  make
  determinations of  public  need  for  the  establishment  of  additional
  emergency  medical  services  and  ambulance  services  and  to make the
  determinations of public need as  provided  in  section  three  thousand
  eight.  The  regional  council  shall  make  such  determination  by  an
  affirmative vote of a majority of all of  those  members  consisting  of
  voting members.
    5-a.  The regional emergency medical services council is authorized to
  grant an exemption from the staffing  standards  set  forth  in  section
  three  thousand  five-a of this article to a voluntary ambulance service
  operating  solely  with  enrolled  members  or  paid  emergency  medical
  technicians  which  has  demonstrated  a  good  faith effort to meet the
  standards and is unable to meet such standards because of factors deemed
  appropriate by the regional council. An exemption shall be for a  period
  not to exceed two years and shall be conditioned on the participation by
  the  voluntary  service  in  a program to achieve compliance which shall
  include technical assistance  and  support  from  the  regional  council
  tailored  to  the needs and resources at the local level, as provided by
  paragraph (m) of subdivision three of this section, to be funded by  the
  New  York  state emergency medical services training account established
  pursuant to section  ninety-seven-q  of  the  state  finance  law,  such
  account  as  funded  by  a  chapter  of  the  laws  of  nineteen hundred
  ninety-three. Nothing shall prevent the regional  council  from  issuing
  subsequent  exemptions.  Such exemptions shall have no effect whatsoever

  on the insurability of the organization  receiving  such  exemption  and
  such  exemption  shall  not  be used as a basis for increasing insurance
  rates or premiums related thereto, notwithstanding any  other  provision
  of  law,  rule,  regulation, or commissioner's ruling or advisory to the
  contrary. Prior to issuing an  exemption,  the  regional  council  shall
  provide written notice by certified mail to the chief executive officers
  of  all  general  hospitals and municipalities in the county or counties
  within which the service requesting an exemption operates.  Such  notice
  shall  provide opportunity for comment on the issuance of the exemption.
  Notice of the determination of the regional council  shall  be  provided
  within  ten  days of the determination to the applicant, the department,
  and any party receiving notification of  the  application  who  requests
  notice  of  the  determination.  The  applicant,  the department, or any
  concerned party may appeal the determination of the regional council  to
  the  state  council  within thirty days after the regional council makes
  its determination.
    6. The term of office of members of the regional council shall be four
  years, except that of those members first appointed, at  least  one-half
  but not more than two-thirds shall be for terms not to exceed two years.
    7.  Each regional council shall meet as frequently as its business may
  require.
    8. The  commissioner,  upon  request  of  the  regional  council,  may
  designate  an  officer or employee of the department to act as secretary
  of the regional council, and may assign from time  to  time  such  other
  employees as the regional council may require.
    9.  No  civil action shall be brought in any court against any member,
  officer or employee of any designated regional council for any act done,
  failure to act, or statement or  opinion  made,  while  discharging  his
  duties as a member, officer or employee of the regional council, without
  leave  from  a  justice of the supreme court, first had and obtained. In
  any event such member, officer or  employee  shall  not  be  liable  for
  damages  in  any  such action if he shall have acted in good faith, with
  reasonable care and upon probable cause.
    10. (a) The department shall provide each regional  council  with  the
  funds  necessary  to  enable  such  regional  council  to  carry out its
  responsibilities  as  mandated  under  this   section   within   amounts
  appropriated therefor.
    (b) Such funds shall be provided upon approval by the department of an
  application  submitted  by  a  regional  council.  The application shall
  contain such information and be in such form as the  commissioner  shall
  require  pursuant  to  rules  and  regulations which he shall promulgate
  after consultation with  the  state  council  in  order  to  effect  the
  purposes and provisions of this subdivision.