Bill Text: NY S08172 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes emergency medical care personnel to provide certain emergency medical care to dogs and cats.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-08-03 - REFERRED TO RULES [S08172 Detail]

Download: New_York-2015-S08172-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8172
                    IN SENATE
                                     August 3, 2016
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the public health law and the education law, in relation
          to authorizing emergency medical service personnel to provide  certain
          emergency medical care to cats and dogs under certain circumstances
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 3013 of the public health law is amended by  adding
     2  two new subdivisions 7 and 8 to read as follows:
     3    7.  No  certified  first  responder,  emergency medical technician, or
     4  advanced emergency medical technician acting in accordance with  section
     5  three  thousand  eighteen  of this article, nor any ambulance service or
     6  advanced life support first response service of which such person  is  a
     7  member or employee, who renders emergency medical assistance to a dog or
     8  cat pursuant to such section, shall have any civil or criminal liability
     9  or  have  any liability for violating article one hundred thirty-five of
    10  the education law, for the provision of such care, or any damages to  or
    11  death  of any dog or cat alleged to have occurred by reason of an act or
    12  omission in rendering such medical assistance in an emergency unless  it
    13  is established that such injuries were or such death was caused by gross
    14  negligence  on  the  part  of  such certified first responder, emergency
    15  medical technician or advanced emergency medical  technician  as  deter-
    16  mined  by  the  rules  and regulations of the state board for veterinary
    17  medicine established pursuant to subdivision two of section  sixty-seven
    18  hundred  three  of  the education law and any off-site instructions of a
    19  veterinarian providing supervision during such emergency.
    20    8. Notwithstanding any provision of law to the contrary, any veterina-
    21  rian who provides off-site instruction, pursuant to section three  thou-
    22  sand  eighteen  of this article, to any certified first responder, emer-
    23  gency  medical  technician  or  advanced  emergency  medical  technician
    24  providing  emergency  medical  assistance  to  a dog or cat shall not be
    25  liable for damages for injuries or death alleged to have been  sustained
    26  by  any  dog  or cat as a result of such instruction unless it is estab-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15963-01-6
        S. 8172                             2
     1  lished that such injuries or death were caused by  gross  negligence  on
     2  the part of such veterinarian.
     3    §  2. The public health law is amended by adding a new section 3018 to
     4  read as follows:
     5    § 3018. Emergency medical care to dogs  and  cats.  1.  In  course  of
     6  responding  to  any  emergency,  a  certified first responder, emergency
     7  medical technician or advanced  emergency  medical  technician  may,  in
     8  accordance with the rules and regulations of the state board for veteri-
     9  nary  medicine,  provide emergency medical care to a dog or cat prior to
    10  the transfer of such animal to the care of a veterinarian. The emergency
    11  medical care to cats and dogs pursuant to this section shall be  limited
    12  to  the  following,  if the certified first responder, emergency medical
    13  technician or advanced emergency medical technician is able and  author-
    14  ized to provide such care to a human:
    15    (a) opening and manually maintaining an airway;
    16    (b) providing mouth to mouth or mouth to barrier ventilation;
    17    (c) administering oxygen;
    18    (d) managing ventilation by mask;
    19    (e) controlling hemorrhage with direct pressure;
    20    (f) immobilizing fractures;
    21    (g) bandaging; and
    22    (h)  administering  naloxone hydrochloride to the extent authorized by
    23  law, rule or regulation and as directed by a veterinarian.
    24    2. To the extent practicable, each certified first responder, emergen-
    25  cy medical technician or advanced emergency medical  technician,  during
    26  the  course of providing emergency medical care to a dog or cat pursuant
    27  to this section, shall communicate with a veterinarian for  the  purpose
    28  of consulting upon the provision of such care.
    29    3. The state board for veterinary medicine shall promulgate such rules
    30  and  regulations  as  shall  be necessary to implement the provisions of
    31  this section.
    32    § 3. Section 6701 of the education law, as amended by chapter  268  of
    33  the laws of 2014, is amended to read as follows:
    34    § 6701. Definition of practice of veterinary medicine. The practice of
    35  the  profession  of veterinary medicine is defined as diagnosing, treat-
    36  ing, operating, or prescribing for any  animal  disease,  pain,  injury,
    37  deformity or dental or physical condition, or the subcutaneous insertion
    38  of  a  microchip  intended  to  be  used  to  identify an animal, or the
    39  provision of instruction to any  certified  first  responder,  emergency
    40  medical  technician  or  advanced emergency medical technician providing
    41  emergency medical care to a dog or cat pursuant to section  three  thou-
    42  sand  eighteen of the public health law.  "Animal" includes every living
    43  creature except a human being.  Notwithstanding the foregoing provisions
    44  of this section, no provisions of this section  shall  be  construed  to
    45  include  the  floating  of  equine teeth as being within the practice of
    46  veterinary medicine.
    47    § 4. The opening paragraph of section 6703 of  the  education  law  is
    48  designated  subdivision  1  and  a new subdivision 2 is added to read as
    49  follows:
    50    2. The state board for veterinary medicine shall promulgate rules  and
    51  regulations for the provision of emergency medical care to dogs and cats
    52  by  emergency  medical care personnel pursuant to section three thousand
    53  eighteen of the public health law.
    54    § 5. Section 6705 of the education law is  amended  by  adding  a  new
    55  subdivision 16 to read as follows:
        S. 8172                             3
     1    16.  A  certified  first  responder,  emergency  medical technician or
     2  advanced emergency  medical  technician  to  the  extent  authorized  by
     3  section three thousand eighteen of the public health law.
     4    § 6. This act shall take effect immediately, except that sections one,
     5  two,  three and five of this act shall take effect on the first of Janu-
     6  ary next succeeding the date on which it shall have become a law.