N.Y. Public Health Law Section 3009
Continuation of existing services


1.

Notwithstanding the provisions of sections three thousand four and three thousand five of this article, if any ambulance service or a predecessor in interest was in bona fide operation as an ambulance service on April first, nineteen hundred seventy-five, within the territory for which application for an ambulance service certificate or voluntary ambulance service statement of registration is made pursuant to any provisions of this article, and has so operated since that time, the department shall issue such certificate or statement of registration without requiring proof that there is a public need for such ambulance service and without further proceedings, provided application for such certificate or statement of registration is submitted to the department in accordance with this article prior to September first, nineteen hundred seventy-five. Pending the determination of any such application the continuance of such operation shall be lawful. In all other cases the application shall be decided in accordance with the procedures provided for in section three thousand four or three thousand five of this article and such application shall be approved or denied accordingly. An application pursuant to this section shall be deemed filed with the department upon being mailed to the department by registered or certified mail.

2.

Notwithstanding the provisions of subdivision six of § 3005 (Ambulance service certificates)section three thousand five of this article, if any advanced life support first response service or a predecessor in interest was in bona fide operation as an advanced life support first response service at the intermediate, critical care, or paramedic level on January first, nineteen hundred ninety-three, within the territory for which application for a certificate is made pursuant to any provisions of this article, and has so operated since that time, the department shall issue such certificate without requiring that there is a public need for such service and without further proceedings, provided application for such certificate or statement of registration is submitted to the department in accordance with this article prior to January first, nineteen hundred ninety-eight. Notwithstanding the provisions of subdivision six of § 3005 (Ambulance service certificates)section three thousand five of this article, if any advanced life support first response service or a predecessor in interest was in bona fide operation as an advanced life support first response service at the emt-defibrillation level on July first, nineteen hundred ninety-three, within the territory for which application for a certificate is made pursuant to any provisions of this article, and has so operated since that time, the department shall issue such certificate without requiring that there is a public need for such service and without further proceedings, provided application for such certificate or statement of registration is submitted to the department in accordance with this article prior to January first, nineteen hundred ninety-four. Pending the determination of any such application, the continuance of such operation shall be lawful. In all other cases the application shall be decided in accordance with the procedures provided in § 3005 (Ambulance service certificates)section three thousand five of this article and such application shall be approved or denied accordingly. An application pursuant to this section shall be deemed filed with the department upon being mailed to the department by certified or registered mail.

Source: Section 3009 — Continuation of existing services, https://www.­nysenate.­gov/legislation/laws/PBH/3009 (updated Sep. 22, 2014; accessed Apr. 20, 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:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 3009’s source at nysenate​.gov

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