PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Text of proposed rule:

Pursuant to the authority vested in the New York State Emergency Medical Services Council and subject to the approval of the Commissioner of Health pursuant to section 3002 of the Public Health Law, section 800.6 of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York is hereby amended to be effective upon publication of a Notice of Adoption in the New York State Register, to read as follows:

Emergency Medical Services Personnel

Section 800.6 Initial Certification Requirements

To qualify for initial certification, an applicant shall:

(a) file a completed application bearing the applicant's original signature in ink, or an electronic application approved by the department.

(b) be at least 17 [18] years of age prior to the last day of the month in which he/she is scheduled to take the written certification examination for the course in which they are enrolled, except that an applicant for certified first responder must be at least 16 years of age prior to the last day of the month in which he/she is scheduled to take the written certification examination;

(c) satisfactorily complete the requirements of a state-approved course given by a state-approved course sponsor at one of the following levels for which certification is available:

(1) certified first responder (CFR);

(2) emergency medical technician (EMT);

(3) advanced emergency medical technician;

(4) emergency medical technician-critical care (EMT-CC);

(5) emergency medical technician-paramedic (EMT-P);

(6) certified laboratory instructor (CLI); or

(7) certified instructor coordinator (CIC).

(d) pass the State practical skills examination for the level at which certification is sought within one year of the scheduled written examination date for the course;

(e) after passing the practical skills examination, pass the State written certification examination for the level at which certification is sought within one year of the scheduled written examination date for the course, except at the certified instructor coordinator level and certified lab instructor level; and

(f) if the applicant has been convicted of one or more criminal offenses, as defined in section 800.3(ak) of this Part, be found eligible after a balancing of the factors set out in Article 23-A of Corrections Law. In accordance with that Article, no application for a license shall be denied by reason of the applicant having been previously convicted of one or more criminal offenses unless:

(1) there is a direct relationship between one or more of the previous criminal offenses and duties required of this certificate; or

(2) certifying the applicant would involve an unreasonable risk to property or the safety or welfare of a specific individual or the general public. In determining these questions, the agency will look at the eight factors listed under New York State Corrections Law Section 753.