New York State Assembly

 
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A03798 Summary:

A03798 Actions:

A03798 Committee Votes:

Committee:HIGHER EDUCATION   Chair:Fahy      
DATE:05/16/2023AYE/NAY:26/0  Action: Favorable refer to committee Codes        
Fahy
Aye
Smullen
Aye
Lupardo
Aye
Smith
Aye
Stirpe
Aye
Fitzpatrick
Aye
Simon
Aye
Reilly
Aye
McDonald
Aye
Gandolfo
Aye
Bichotte Hermel
Aye
Miller
Aye
Hyndman
Aye
Flood
Aye
Epstein
Aye
Gray
Aye
McMahon
Aye
Buttenschon
Aye
Clark
Aye
Forrest
Aye
Chandler-Waterm
Aye
Joyner
Aye
Seawright
Aye
Wallace
Aye
Burgos
Aye
Eachus
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/31/2023AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Reilly
Aye
Cook
Aye
Mikulin
Aye
O'Donnell
Excused
Tannousis
Aye
Lavine
Aye
Curran
Aye
Weprin
Aye
Angelino
Aye
Hevesi
Aye
Flood
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/07/2023AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Excused

A03798 Floor Votes:

A03798 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A3798A
 
SPONSOR: Rosenthal L

 
TITLE OF BILL:
 
An act to amend the public health law and the education law, in relation
to authorizing emergency medical service personnel to provide basic
first aid to cats and dogs under certain circumstances
 
 
PURPOSE:
 
To authorize emergency medical care personnel to provide certain emer-
gency medical care to dogs and cats.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section one amends section 1303 of the public health law by adding new
subdivisions 7, 8 and 9.

Section two amends the public health law by adding a new section 3019.
 
Section three amends section 6702 of the education law by adding a new
subdivision 3.
 
Section four amends section 6703 of the education law by designating the
opening paragraph as subdivision 1 and adding a subdivision 2.
 
Section five amends section 6705 of the education law by adding a new
subdivision 16.
 
Section six establishes the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
The amendment re-numbers the section of law being added.
 
 
JUSTIFICATION:
 
Emergency situations occur every single day. From house fires to car
accidents, first responders and emergency medical technicians are the
first to arrive at the scene to provide medical care and treat injuries.
Unfortunately in these emergency situations, it is not only humans who
desperately need medical attention. Domestic animals such as dogs and
cats may also be the victims of a fire or accident. This legislation
allows first responders and emergency medical technicians to provide
treatment to a dog or cat that has been injured prior to transferring
the animal to the care of a veterinarian. This legislation could mean
life or death for countless beloved pets as in an emergency situation,
time is truly of the essence and treatment needs to be administered
immediately. This legislation also protects first responders, emergency
medical technicians, and veterinarians from any civil or criminal
liability in the instance that treatment was unsuccessful and the animal
dies, provided that such person acted reasonably and in good faith.
 
 
LEGISLATIVE HISTORY:
 
2021-22: A.715 - Passed Assembly; S.2783 - Advanced to Third Reading
 
 
2019-20: A.7608-A - Advanced to Third Reading; 5.8837 - Referred to
Rules
 
 
FISCAL IMPLICATIONS:
 
None to the State.
 
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

A03798 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3798--A
                                                                Cal. No. 100
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2023
                                       ___________
 
        Introduced by M. of A. L. ROSENTHAL, WEPRIN -- read once and referred to
          the  Committee  on  Higher  Education  --  ordered to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of
          third reading

        AN ACT to amend the public health law and the education law, in relation
          to  authorizing  emergency  medical service personnel to provide basic
          first aid 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  three new subdivisions 7, 8 and 9 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 nineteen 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, in the course of responding  to  an  emergency,
     8  renders  basic first aid to a dog or cat pursuant to such section, shall
     9  have any civil liability or have any liability for violating article one
    10  hundred thirty-five of the education law,  for  the  provision  of  such
    11  care,  or  any  damages  to  or  death of any dog or cat alleged to have
    12  occurred by reason of an act or omission where such person acted reason-
    13  ably and in good faith in rendering such medical assistance in an  emer-
    14  gency.
    15    8.  Notwithstanding any provision of law to the contrary, any licensed
    16  veterinarian who provides  off-site  instruction,  pursuant  to  section
    17  three  thousand nineteen of this article, to any certified first respon-
    18  der, emergency medical technician or advanced emergency medical  techni-
    19  cian  providing  basic first aid to a dog or cat shall not be liable for
    20  damages for injuries or death alleged to have been sustained by any  dog
    21  or  cat  as  a  result of such instruction where such veterinarian acted
    22  reasonably and in good faith in providing such instruction.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05324-02-4
        A. 3798--A                          2
 
     1    9. The commissioner of education  shall  promulgate  rules  and  regu-
     2  lations  for  the provision of basic first aid to dogs and cats by emer-
     3  gency medical care personnel pursuant to this section.
     4    §  2. The public health law is amended by adding a new section 3019 to
     5  read as follows:
     6    § 3019. Basic first aid to dogs and cats. 1. In the course of respond-
     7  ing to any emergency, a certified  first  responder,  emergency  medical
     8  technician  or  advanced emergency medical technician may, in accordance
     9  with the rules and regulations of the commissioner of education, provide
    10  basic first aid to a dog or cat prior to the transfer of such animal  to
    11  the care of a licensed veterinarian, provided however, that there are no
    12  persons  requiring medical attention or transportation at such time. The
    13  basic first aid provided to cats and dogs pursuant to this section shall
    14  be limited to the following, if the certified first responder, emergency
    15  medical technician or advanced emergency medical technician is able  and
    16  authorized to provide such care to a human:
    17    (a) opening and manually maintaining an airway;
    18    (b) providing mouth to mouth or mouth to barrier ventilation;
    19    (c) administering oxygen;
    20    (d) managing ventilation by mask;
    21    (e) controlling hemorrhage with direct pressure;
    22    (f) immobilizing fractures;
    23    (g) bandaging; and
    24    (h)  administering  naloxone hydrochloride to the extent authorized by
    25  law, rule or regulation and as directed by a licensed veterinarian.
    26    2. To the extent practicable, each certified first responder, emergen-
    27  cy medical technician or advanced emergency medical  technician,  during
    28  the course of providing basic first aid to a dog or cat pursuant to this
    29  section,  shall communicate with a licensed veterinarian for the purpose
    30  of consulting upon the provision of such care.
    31    3. The commissioner of education shall promulgate such rules and regu-
    32  lations as shall be  necessary  to  implement  the  provisions  of  this
    33  section.
    34    §  3.  Section  6702  of  the education law is amended by adding a new
    35  subdivision 3 to read as follows:
    36    3. Licensed veterinarians may provide  instruction  to  any  certified
    37  first  responder,  emergency  medical  technician  or advanced emergency
    38  medical technician providing basic first aid to a dog or cat pursuant to
    39  section three thousand nineteen of the public health law.
    40    § 4. The opening paragraph of section 6703 of  the  education  law  is
    41  designated  subdivision  1  and  a new subdivision 2 is added to read as
    42  follows:
    43    2. The commissioner shall promulgate rules  and  regulations  for  the
    44  provision  of basic first aid to dogs and cats by emergency medical care
    45  personnel pursuant to section three  thousand  nineteen  of  the  public
    46  health law.
    47    §  5.  Section  6705  of  the education law is amended by adding a new
    48  subdivision 16 to read as follows:
    49    16. A certified  first  responder,  emergency  medical  technician  or
    50  advanced  emergency  medical technician providing basic first aid to the
    51  extent authorized by section  three  thousand  nineteen  of  the  public
    52  health law.
    53    §  6. This act shall take effect one year after it shall have become a
    54  law.

A03798 LFIN:

 
NO LFIN