2012 New York Consolidated Laws
PBH - Public Health
Article 30 - (3000 - 3032) EMERGENCY MEDICAL SERVICES
3002-A - State emergency medical advisory committee.

 
    §  3002-a.  State emergency medical advisory committee. 1. There shall
  be a state emergency medical advisory committee of the  state  emergency
  medical  services council consisting of thirty-one members. Twenty-three
  members shall be physicians appointed by the commissioner, including one
  nominated by  each  regional  emergency  medical  services  council,  an
  additional  physician  from  the city of New York, one pediatrician, one
  trauma surgeon, one  psychiatrist  and  the  chairperson.  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.
    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.