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Monday, November 3, 2008

Philip D'Ambrosio v. Department of Health and Senior


The Department of Health and Senior Services has the
authority under the 1984 Emergency Medical Services Act,
N.J.S.A. 26:2K-7 to -53 (the "EMS Act"), to regulate emergency
medical technicians, commonly known as "EMT-Bs", who provide
basic life support services, despite the fact that the
classifications in the EMS Act do not specifically list EMT-Bs
as a discrete subcategory of EMTs. The corresponding
Departmental regulations pertaining to EMT-Bs, N.J.A.C. 8:40A-
1.1 to -10.4, are therefore valid and applicable to appellant's
effort to obtain recertification to serve in this State as an
Additionally, the authority of the Department of Health and
Senior Services to certify EMTs such as appellant who happen to
serve on local rescue squads is not affected by municipal
certification requirements for rescue squad members set forth in
the Highway Traffic Safety Act of 1987, N.J.S.A. 27:5F-13.1 to -
43 (the "Traffic Safety Act"). The Traffic Safety Act
supplements, but does not supplant, the regulation of EMTs that
is conducted by the Department of Health and Senior Services.