Filed Date: 6/24/1982
Status: Precedential
Modified Date: 7/5/2016
David A. DeClue, Esq. Town Attorney, Bainbridge
We are in receipt of your letter in which you ask several questions in relation to the furnishing of general ambulance service by an emergency rescue and first aid squad of a fire department ("squad"). In a telephone conversation with this office, you stated that the primary questions you have are:
1. May a squad, authorized to provide general ambulance service in accordance with General Municipal Law, §
209-b (2)(a), transport nonemergency patients who are residents of the fire district in which the squad is located from a hospital located within a village outside the district to other hospitals outside the district?2. If this service is not authorized under section 209-b(2)(a), may the district contract with the village to provide such service under section 209-b(2)(c)?
3. Does Article 30 of the Public Health Law authorize this service?
At the time that you wrote, the answer to your first inquiry would have been "no" for the reasons expressed in our informal opinion of October 18, 1977 (1977 Op Atty Gen [Inf] 256), copy enclosed. On June 8, 1982, however, General Municipal Law, §
"a. The governing board of any * * * fire district which has in its fire department an emergency rescue and first aid squad composed mainly of volunteer firemen, by resolution, may authorize any such squad to furnish general ambulance service for the purpose of (1) transporting any sick * * * resident or person found within the * * * fire district to a hospital * * * for treatment and care and returning any such person therefrom if still sick * * * and (2) transporting any sick * * * resident of the * * * fire district from a hospital * * * where such person has received treatment and care to any other place for treatment and care or to such person's home." (Emphasis supplied.)
The purpose of the amendment is to allow the appropriate local governing body to provide by resolution that its volunteer ambulance/emergency squad may, upon request, transport a resident from a point outside the squad's service area to any other point that the resident needs to go (Sponsor's Memorandum in relation to Sen Int 5956, later enacted as L 1982, ch 162). General Municipal Law, §
With reference to your second inquiry, a fire district may in some circumstances contract with a village outside the district to provide general ambulance service in the village (Town Law, §
In order to answer your third question, it is necessary to discuss the provisions of Article 30 of the Public Health Law in some detail. Article 30 establishes a State emergency medical services council with the power, subject to the approval of the Commissioner of Health, to establish minimum standards for emergency medical services, ambulance services and emergency medical technicians, and to develop a statewide emergency medical service system (Public Health Law, §
Under Article 30, all voluntary ambulance services, which we have previously stated include a fire department rescue squad providing general ambulance service (1975 Op Atty Gen [Inf] 197), must obtain a statement of registration as a condition to their lawful operation (Public Health Law, §§
If the area of operation of the ambulance service encompasses more than one region established by the Commissioner under section 3011(3), or is in a geographic area not within any such region, then the ambulance service must make application to each appropriate regional council, or where there is no regional council, to the State council (id., § 3010[1]).
Upon receipt of an application for a determination of public need, the regional or State council, as the case may be, must forward notice of such application to all existing ambulance services operating within the appropriate area and to each municipality proposed to be served in such area and each adjoining municipality (id., § 3008[2]).
A voluntary ambulance service may apply for an ambulance service certificate, but it is not required to do so (id., § 3006[1]; 1975 Op Atty Gen [Inf] 197). In order to obtain the certificate, the ambulance service must be registered and must be staffed and equipped in accordance with the rules promulgated under Article 30 of the Public Health Law (Public Health Law, §
"* * * for the purposes of effectuating the provisions of [Article 30] in the development of a statewide emergency medical service system, to contract with * * * the fire commissioners of fire districts operating registered or certified voluntary ambulance services for the use of necessary equipment upon such terms and conditions as he shall deem appropriate" (Public Health Law, §
3011 [6]; emphasis supplied).
Any ambulance service certificate or statement of registration issued must specify the "usual territory" within which the service operates (id., § 3010[1]). Article 30 does not indicate what areas comprise such territory; it merely requires that the territory be specified in the certificate or statement and prescribes the manner of application where such territory encompasses more than one region established under Article 30, or is in a geographic area not within any such region (id.).
We believe that a squad is authorized to provide general ambulance service only in those territories prescribed in General Municipal Law, §
Other than Public Health Law, §
The purpose of Article 30 is to upgrade emergency medical services through a statewide structure of regional councils, and to provide financial and technical assistance by the Department of Health as a means of encouraging voluntary ambulances to obtain full certification (Governor's Memorandum dated June 15, 1974, supra). Article 30 does not directly regulate the services provided by voluntary ambulance services (id.), and is by rule subject to the provisions of all pertinent state laws having general application to ambulance services (10 NYCRR, Part 800, § 800.2). General Municipal Law, §
We conclude that a squad may transport nonemergency patients who are district residents from a hospital outside of the district to other medical facilities outside of the district. A fire district may also provide general ambulance service to a village as part of a fire protection contract, or by separate contract where the entity providing fire protection in the village does not provide general ambulance service. A district may also contract with the Commissioner of Health to provide the use of necessary equipment outside the district under Article 30 of the Public Health Law.
The Attorney General renders formal opinions only to officers and departments of the State government. This perforce is an informal and unofficial expression of views of this office.