1. For purposes of this section, the following terms shall have the following meanings:

1. (a) "Emergency medical condition" shall mean:

   1. (i) a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in:

      1. (1) placing the health of the individual in serious jeopardy;
      2. (2) serious impairment to bodily functions, including risks to future fertility;
      3. (3) serious dysfunction of any bodily organ or part; or

   2. (ii) with respect to a pregnant person who is in active labor:

      1. (1) that there is inadequate time to effect a safe transfer to another hospital before delivery; or
      2. (2) that transfer poses a threat to the health or safety of the pregnant person or the pregnancy.
2. (b) "Stabilize" shall mean, with respect to an emergency medical condition described in subparagraph (i) of paragraph (a) of this subdivision, to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility, or, with respect to an emergency medical condition described in subparagraph (ii) of paragraph (a) of this subdivision, to deliver, including the placenta. "Stabilizing treatment" includes abortion pursuant to section twenty-five hundred ninety-nine-bb of this article when failure to provide an abortion will, within reasonable probability, result in material deterioration of the patient's condition upon or during transfer of the patient from the facility.
3. (c) "Transfer" shall mean the movement (including the discharge) of an individual outside of a general hospital's facilities at the direction of any person employed by, or affiliated or associated, directly or indirectly, with, the general hospital, but does not include such a movement of an individual who (i) has been declared dead, or (ii) leaves the facility without the permission of any such person.

4. (d) "Appropriate transfer" shall mean a transfer to a medical facility:

   1. (i) in which the transferring general hospital provides the medical treatment within its capacity which minimizes the risks to the individual's health;

   2. (ii) in which the receiving facility:

      1. (1) has available space and qualified personnel for the treatment of the individual; and
      2. (2) has agreed to accept transfer of the individual and to provide appropriate medical treatment;
   3. (iii) in which the transferring general hospital sends to the receiving facility all medical records related to the emergency condition for which the individual has presented available at the time of the transfer, including records related to the individual's emergency medical condition, observations of signs or symptoms, preliminary diagnosis, treatment provided, results of any tests and the informed written consent or certification or copy thereof provided under paragraph (d) of subdivision three of this section, unless the patient objects; and
   4. (iv) in which the transfer is effected through qualified personnel and transportation equipment, as required, including the use of necessary and medically appropriate life support measures during the transfer.

(b) Necessary stabilizing treatment for emergency medical conditions and labor. If any individual comes to a general hospital and the general hospital determines that the individual has an emergency medical condition, the general hospital must provide either:

1. (i) within the staff and facilities available at the general hospital, for such further medical examination and such treatment as may be required to stabilize the medical condition; or
2. (ii) for transfer of the individual to another medical facility in accordance with paragraph (e) of this subdivision.

(e) Restricting transfers until individual stabilized. (i) If an individual at a general hospital has an emergency medical condition which has not been stabilized, the general hospital may not transfer the individual unless:

1. (1) the individual, or a person legally authorized to make health care decisions on behalf of the individual, after being informed of the general hospital's obligations under this section and of the risk of transfer, in writing requests transfer to another medical facility; and

2. (2) a health care practitioner licensed, certified, or authorized under title eight of the education law, acting within their lawful scope of practice has signed a certification that:

   1. (A) based upon the information available at the time of transfer, the medical benefits reasonably expected from the provision of appropriate medical treatment at another medical facility outweigh the increased risks to the individual; and
   2. (B) the transfer is an appropriate transfer to that facility;
   3. (ii) A certification described in clauses one and two of subparagraph (i) of this paragraph shall include a summary of the risks and benefits upon which the certification is based.