2019 New York Laws
GMU - General Municipal
Article 6 - Public Health and Safety
122 - Refusal to Take Persons to Hospital Prohibited; Exception for Cities With a Population of One Million or More.

§  122.  Refusal to take persons to hospital prohibited; exception for
cities with a population of one  million  or  more.  1.  (a)  Except  as
otherwise  provided  in  subdivision  two  of this section, in any city,
county, town or village of this state wherein exists,  or  is  hereafter
created,  an  ambulance  system,  supported  wholly  or partly at public
expense, or which is wholly or partly  under  the  care,  management  or
control  of the public authorities, no person in charge of an ambulance,
hospital, or house or place of reception for the sick or injured,  shall
refuse, in answer to a call or demand for an ambulance, if such call has
been answered by the attendance of an ambulance, to take such person for
whom  a  call  may be made to the hospital or place of reception for the
sick or injured from which  the  ambulance  came,  for  examination  and
treatment  by  the  house  authorities  of the said hospital or place of
reception for the sick or injured.
  (b) Except as otherwise provided in subdivision two of  this  section,
any  person neglecting or refusing to comply with the provisions of this
section shall be guilty of a misdemeanor.
  (c) This subdivision  shall  apply  to  the  drivers  of  and  to  the
physician in charge of an ambulance.
  2.  In  cities  with  a  population  of  one  million or more, nothing
contained in subdivision one of  this  section  shall  be  construed  to
require  the transportation of any person when: (a) an emergency medical
technician, advanced emergency medical technician or paramedic, employed
by or under the supervision of a public benefit  corporation  authorized
by  law  to  maintain  an emergency medical service, called to transport
such person, physically examines such person; (b) such emergency medical
technician, advanced emergency medical technician or paramedic transmits
the  findings  made  during  such  examination   to   a   physician   in
communication  authorized  to  provide  medical  control  by such city's
emergency medical service; and  (c)  such  physician  determines,  based
solely  upon  the  medical condition of such person being considered for
ambulance transportation, that such person either  is  not  in  need  of
emergency  medical  care  or  is neither sufficiently ill nor injured to
necessitate transportation to a hospital by means of an ambulance.