N.Y. Public Health Law Section 3008
Applications for determinations of public need


1.

Every application for a determination of public need shall be made in writing to the appropriate regional council, shall specify the primary territory within which the applicant requests to operate, be verified under oath, and shall be in such form and contain such information as required by the rules and regulations promulgated pursuant to this article.

2.

Notice of the application shall be forwarded by registered or certified mail by the appropriate regional council to the chief executive officers of all general hospitals, ambulance services, and municipalities operating within the same county or counties where the services seeks to operate. The notice shall provide opportunity for comment.

3.

Notice pursuant to this section shall be deemed filed with the ambulance service and municipality upon being mailed by the appropriate regional or state council by registered or certified mail.

4.

The appropriate regional council or the state council shall make its determination of public need within sixty days after receipt of the application.

5.

The applicant or any concerned party may appeal the determination of the appropriate regional council to the state council within thirty days after the regional council makes its determination.

6.

In the case of an application for certification under this article by a municipal ambulance service to serve the area within the municipality, and the municipal ambulance service meets appropriate training, staffing and equipment standards, there should be a presumption in favor of approving the application.

7.

(a) Notwithstanding any other provision of law and subject to the provisions of this article, any municipality within this state, or fire district acting on behalf of any such municipality, and acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws, ordinances or resolutions to establish and operate advanced life support first responder services or municipal ambulance services within the municipality, upon meeting or exceeding all standards set by the department for appropriate training, staffing and equipment, and upon filing with the New York state emergency medical services council, a written request for such authorization. Upon such filing, such municipal advanced life support first responder service or municipal ambulance service shall be deemed to have satisfied any and all requirements for determination of public need for the establishment of additional emergency medical services pursuant to this article for a period of two years following the date of such filing. Nothing in this article shall be deemed to exclude the municipal advanced life support first responder service or municipal ambulance service authorized to be established and operated pursuant to this article from complying with any other requirement or provision of this article or any other applicable provision of law.

(b)

In the case of an application for certification pursuant to this subdivision, for a municipal advanced life support or municipal ambulance service, to serve the area within the municipality, where the proposed service meets or exceeds the appropriate training, staffing and equipment standards, there shall be a strong presumption in favor of approving the application. Notwithstanding any other provision of this article, any city with a population of fourteen thousand seven hundred or sixty-two thousand two hundred thirty-five, according to the two thousand ten federal decennial census, or fire district acting on behalf of any such city, that applies for permanent certification pursuant to this section at the conclusion of the two year period provided in this subdivision, shall not be required to apply to its regional emergency medical services council or the state emergency medical services council for a determination of need, and the application shall be submitted to and approved by the commissioner unless the commissioner finds that the municipal advanced life support first responder service or municipal ambulance service has failed to meet the appropriate training, staffing and equipment standards.

Source: Section 3008 — Applications for determinations of public need, https://www.­nysenate.­gov/legislation/laws/PBH/3008 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

3000
Declaration of policy and statement of purpose
3000‑A
Emergency medical treatment
3000‑B
Automated external defibrillators: Public access providers
3000‑C
Epinephrine auto-injector devices
3000‑D
Availability of resuscitation equipment in certain public places
3000‑E
Rescue inhaler treatment devices
3000‑F
Automated external defibrillator
3001
Definitions
3002
New York state emergency medical services council
3002‑A
State emergency medical advisory committee
3003
Regional emergency medical services councils
3003‑A
EMS program agencies
3003‑B
Availability of ambulance service that provides transportation by aircraft to store and distribute blood and initiate and administer bloo...
3004
Emergency medical services system and agency performance standards
3004‑A
Regional emergency medical advisory committees
3005
Ambulance service certificates
3005‑A
Staffing standards
3005‑B
Emergency medical technician five year re-certification demonstration program
3006
Quality improvement program
3006‑A
Patient privacy
3007
Notice of alternative destination
3008
Applications for determinations of public need
3009
Continuation of existing services
3010
Area of operation
3011
Powers and duties of the department and the commissioner
3012
Enforcement
3013
Immunity from liability
3014
Construction
3015
Separability
3016
Continuance of rules and regulations
3017
Emergency medical service, Suffolk county
3018
Community-based paramedicine demonstration program
3020
Recruitment and retention
3030
Advanced life support services
3031
Advanced life support system
3032
State emergency medical services task force
3033
Rules and regulations
3034
Rules and regulations

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 3008’s source at nysenate​.gov

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