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Title: Section 752-2.1 - Definitions

Effective Date


Section 752-2.1 Definitions. (a) For purposes of this sub-part, an "up-graded diagnostic and treatment center (UD&TC)" shall mean a general hospital that has relinquished its inpatient acute care bed capacity or a diagnostic and treatment center established pursuant to article twenty-eight of the Public Health Law, which possesses a valid operating certificate, is in substantial compliance with all other applicable state and federal requirements and;

(1) complies with the provisions of this section and the provisions of Parts 750, 751 and Parts 752 through 756 of this title, as appropriate;

(2) participates in a rural health network or a central services facility rural health network as defined in paragraph (c) of this subdivision;

(3) has a formal affiliation with a general hospital that complies with all provisions of Part 405 of this Title;

(4) is located in a rural area, defined as any county with less than two hundred thousand persons or any town which has a population of less than two hundred persons per square mile, or if approved by the commissioner, any town which has a population of of less than two hundred fifty persons per square mile.

(5) in addition to primary ambulatory care services, may provide limited emergency care services; and

(6) is designated by the Commissioner of Health to operate as an up-graded diagnostic and treatment center pursuant to guidelines developed by the commissioner and the provisions of Part 710 of this Title as appropriate. The guidelines for designation may be obtained from the commissioner and shall be published in the New York State Register. Upon designation, a UD&TC shall remain subject to all other requirements of this Title and the Public Health Law applicable to hospitals, including those pertaining to operating certificates and which shall also apply to the proposed revocation, suspension, limitation or annulment of a UD&TC designation.

(b) "Limited emergency care services" shall:

(1) include initial diagnostic evaluation, a limited range of procedures compared to those normally available in an emergency room of a general hospital, and the facilities necessary for resuscitation and stabilization;

(2) have a range and scope that responds to locally determined circumstances and is consistent with the clinical skills available through the center and affiliated network providers providing backup support;

(3) be developed within a coordinated network emergency medical services delivery system in a manner that complements and maximizes basic life support (BLS) and advanced life support (ALS) capabilities for the network service area in which the UD&TC operates; and

(4) be provided in a manner consistent with the emergency medical services component of an approved network operational plan or cooperative agreement.

(c) "Rural health network" shall mean an affiliation of health care providers serving a rural area, pursuant to a contract or joint cooperative agreement, which may plan, coordinate, provide or arrange for the provision of health care services to residents of the rural area and/or the provision of administrative services among such health care providers. Such network may also be organized pursuant to the not-for-profit corporation law and established as a central services facility rural health network pursuant to Parts 680 and 408 of this Title.

(d) "Medical control" shall have the meaning set forth in subdivision 15 of section 3001 of the Public Health Law and includes advice and direction provided by or under the direction of a physician to certified first responders, emergency medical technicians or advanced emergency medical technicians who are providing medical care at the scene of an emergency or in route to a health care facility. For the purposes of this Part, medical control shall also involve the implementation of network emergency medical service plans developed in conjunction with the Regional Emergency Medical Advisory Committee(s) responsible for the network's service area specified in a network operational plan or network cooperative agreement.

(e) "Professional" shall mean a person practicing medicine as defined in article 131 of Title 8 of the State Education Law, and may also mean other licensed and currently registered health care practitioners appointed by the governing body, in accordance with State law. The governing body shall determine which categories of health care practitioners are eligible candidates for appointment to the medical staff. The eligible categories may include qualified staff such as registered physician's assistants, registered specialist's assistants, registered professional nurses - nurse practitioners or clinical nurse specialists.


VOLUME E (Title 10)