Current through Register Vol. 46, No. 39, September 25, 2024
Every person certified at any level, or pursuing
certification at any level, pursuant to this Part or article 30 of the Public
Health Law shall:
(a) comply with
prehospital practice standards, applicable for the geographic region of the
State in which the individual is practicing, as established by:
(1)
National Emergency Medical
Services Education Standards (2021), as published by the U.S.
Department of Transportation, National Highway Traffic Safety Administration,
which have been incorporated by reference in this section, a copy of which can
be found online at EMS.gov - EMS Education Standards 2021. This publication is
also available for public inspection and copying at the Regulatory Affairs
Unit, New York State Department of Health, Corning Tower, Empire State Plaza,
Albany, NY 12237.
(2) other
State-approved training curricula, and State-approved training standards, in
accordance with section
800.20 of this Part;
(3) State-approved protocols developed by
State and/or Regional Medical Advisory Committees pursuant to sections
3002-a and
3004-a of
the Public Health Law; and
(4)
Scope of Practice as defined in section
800.3 of this Part; and
(b) when acting as a certified
first responder, an emergency medical technician, or advanced emergency medical
technician, treat patients in accordance with the applicable State approved
protocols, unless authorized to do otherwise for an individual patient by a
medical control physician; and
(c)
comply with the terms of a nonhospital order not to resuscitate when provided
with such order issued on the standard form prescribed by the Department of
Health, or when a DNR bracelet, developed by the Department of Health to
identify individuals for whom a nonhospital order not to resuscitate has been
issued, is identified on the patient's body;
(1) emergency medical services personnel may
disregard the order not to resuscitate if:
(i) they believe in good faith that consent
to the order has been revoked, or that the order has been cancelled;
or
(ii) family members or others on
the scene, excluding such personnel, object to the order and physical
confrontation appears likely;
(2) hospital emergency service physicians may
direct that the order be disregarded if other significant and exceptional
medical circumstances warrant disregarding the order; and
(3) no person shall be subjected to criminal
prosecution or civil liability, or be deemed to have engaged in unprofessional
conduct, for honoring reasonably and in good faith pursuant to this subdivision
a nonhospital order not to resuscitate, for disregarding such order pursuant to
paragraph (1) or (2) of this subdivision or for other actions taken reasonably
and in good faith pursuant to this subdivision;
(d) not use an automated external
defibrillator unless:
(1) he or she is acting
as a certified first responder, emergency medical technician or advanced
emergency medical technician;
(2)
under medical control;
(3) when
authorized by and serving with an agency providing emergency medical services
which has been approved by the regional emergency medical advisory committee to
provide AED level care within the EMS system; and
(4) after completing AED training which meets
or exceeds the state minimum AED curriculum.
