2013 New York Consolidated Laws
PBH - Public Health
Article 30 - (3000 - 3032) EMERGENCY MEDICAL SERVICES
3011 - Powers and duties of the department and the commissioner.

 
    §  3011.  Powers and duties of the department and the commissioner. 1.
  The department may inquire into the operation of ambulance services  and
  advanced  life  support  first  response  services  and conduct periodic
  inspections of facilities, communication  services,  vehicles,  methods,
  procedures,  materials,  staff  and equipment. It may also evaluate data
  received  from  ambulance  services  and  advanced  life  support  first
  response services.
    2.  The  department  may  require ambulance services and advanced life
  support first response services to  submit  periodic  reports  of  calls
  received,  services  performed  and  such  other  information  as may be
  necessary to carry out the provisions of this article.
    3. The commissioner, with the advice and consent of the state council,
  shall designate not more than eighteen geographic areas within the state
  wherein  a  regional  emergency  medical  services  council   shall   be
  established.  In  making  the  determination  of  a geographic area, the
  commissioner shall take into consideration  the  presence  of  ambulance
  services,  hospital  facilities,  existing  emergency  medical  services
  committees, trained  health  personnel,  health  planning  agencies  and
  communication   and   transportation  facilities;  and  shall  establish
  separate regional emergency medical services councils for  the  counties
  of  Nassau and Westchester. The commissioner shall promote and encourage
  the establishment of a regional emergency medical  services  council  in
  each of said designated areas.
    3-a. Notwithstanding any inconsistent provision of this article:
    a.  The creation of any regional council or emergency medical services
  program agency on  or  after  January  first,  two  thousand  shall  not
  diminish any then existing funding appropriated after the effective date
  of  this  subdivision to regional councils or emergency medical services
  program agencies;
    b. Subject to the provisions  of  paragraph  c  of  this  subdivision,
  funding  for  regional  councils  and emergency medical services program
  agencies existing on or after  January  first,  two  thousand  shall  be
  increased  in  proportion  to  any  funding appropriated therefor by the
  department and in such proportion as determined by the department;
    c. Funding for any regional  council  or  emergency  medical  services
  program  agency created on or after January first, two thousand shall be
  in addition to any funds appropriated on  the  effective  date  of  this
  subdivision  for regional councils or emergency medical services program
  agencies existing on  January  first,  two  thousand.  Funding  for  any
  regional  council  or  emergency medical services program agency created
  after January first, two thousand shall be in an amount at  least  equal
  to  the  minimum  funding  level  appropriated  to  regional councils or
  emergency medical services program agencies existing on such date, or in
  an amount equal to the proportion that  such  new  regional  council  or
  emergency  medical  services  program agency represented on the basis of
  population in its former regional council or emergency medical  services
  program agency, whichever is larger.
    4.  The  commissioner may propose rules and regulations and amendments
  thereto for consideration by the state council. The  commissioner  shall
  establish  a  schedule  of certification fees for ambulance services and
  advanced life support  first  response  services  other  than  voluntary
  ambulance  services  and  voluntary advanced life support first response
  services.
    5. For the purpose of promoting the public health, safety and  welfare
  the  commissioner  is  hereby  authorized and empowered to contract with
  voluntary ambulance services and municipal ambulance services,  or  with
  the  fire  commissioners of fire districts operating voluntary ambulance
  services, upon such terms and conditions as he  shall  deem  appropriate

  and  within  amounts  made  available therefor, for reimbursement of the
  necessary and incidental costs incurred by such  ambulance  services  in
  order to effectuate the provisions of this article.
    6.  The  commissioner  is  hereby  authorized,  for  the  purposes  of
  effectuating the provisions of this article  in  the  development  of  a
  statewide  emergency  medical  service  system,  to  contract  with  any
  ambulance service or with  the  fire  commissioners  of  fire  districts
  operating   certified  voluntary  ambulance  services  for  the  use  of
  necessary equipment upon such terms and conditions as  the  commissioner
  shall deem appropriate.
    7.  The  commissioner  may  recommend  to  the  state  council minimum
  qualifications for certified first responders (which  shall  not  exceed
  fifty-one  hours),  emergency medical technicians and advanced emergency
  medical technicians  in  all  phases  of  emergency  medical  technology
  including  but  not  limited  to,  communications, first aid, equipment,
  maintenance, emergency techniques and procedures, patient management and
  knowledge of procedures and equipment for emergency medical care.
    8. The commissioner shall provide every  certified  ambulance  service
  and  advanced  life  support  first  response  service  with an official
  insignia which may be attached to every vehicle owned or operated  by  a
  certified  ambulance  service  or  advanced  life support first response
  service.
    9. The department shall provide the state council with such assistance
  as the council may request in order to carry out its responsibilities as
  set forth in subdivision two-a of section three  thousand  two  of  this
  article.
    10.  The commissioner is hereby authorized and empowered to extend the
  certification for  emergency  medical  technicians,  advanced  emergency
  medical  technicians or certified first responders who have been ordered
  to active military duty, other  than  for  training,  on  or  after  the
  eleventh day of September, two thousand one and whose certification will
  expire  during  their military duty or within the six months immediately
  following separation from military service. The  extended  certification
  shall  be  for  the  period of military duty and for twelve months after
  they have been released from active military duty.
    11. The commissioner,  with  the  advice  and  consent  of  the  state
  council,  shall  promulgate  rules  and  regulations necessary to ensure
  compliance with the provisions of subdivision two of section sixty-seven
  hundred thirteen of the education law.