(b) Except as otherwise provided in subdivision two of this section, any person neglecting or refusing to comply with the provisions of this section shall be guilty of a misdemeanor.
(c) This subdivision shall apply to the drivers of and to the physician in charge of an ambulance. 2. In cities with a population of one million or more, nothing contained in subdivision one of this section shall be construed to require the transportation of any person when: (a) an emergency medical technician, advanced emergency medical technician or paramedic, employed by or under the supervision of a public benefit corporation authorized by law to maintain an emergency medical service, called to transport such person, physically examines such person; (b) such emergency medical technician, advanced emergency medical technician or paramedic transmits the findings made during such examination to a physician in communication authorized to provide medical control by such city's emergency medical service; and (c) such physician determines, based solely upon the medical condition of such person being considered for ambulance transportation, that such person either is not in need of emergency medical care or is neither sufficiently ill nor injured to necessitate transportation to a hospital by means of an ambulance.