N.Y. PBH Law § 3009 — New York Code / Act PBH / Article 30 / Section 3009
Continuation of existing services
Status: in_force

§ 3009. Continuation of existing services.  1. Notwithstanding the\nprovisions of sections three thousand four and three thousand five of\nthis article, if any ambulance service or a predecessor in interest was\nin bona fide operation as an ambulance service on April first, nineteen\nhundred seventy-five, within the territory for which application for an\nambulance service certificate or voluntary ambulance service statement\nof registration is made pursuant to any provisions of this article, and\nhas so operated since that time, the department shall issue such\ncertificate or statement of registration without requiring proof that\nthere is a public need for such ambulance service and without further\nproceedings, provided application for such certificate or statement of\nregistration is submitted to the department in accordance with this\narticle prior to September first, nineteen hundred seventy-five. Pending\nthe determination of any such application the continuance of such\noperation shall be lawful. In all other cases the application shall be\ndecided in accordance with the procedures provided for in section three\nthousand four or three thousand five of this article and such\napplication shall be approved or denied accordingly. An application\npursuant to this section shall be deemed filed with the department upon\nbeing mailed to the department by registered or certified mail.\n  2. Notwithstanding the provisions of subdivision six of section three\nthousand five of this article, if any advanced life support first\nresponse service or a predecessor in interest was in bona fide operation\nas an advanced life support first response service at the intermediate,\ncritical care, or paramedic level on January first, nineteen hundred\nninety-three, within the territory for which application for a\ncertificate is made pursuant to any provisions of this article, and has\nso operated since that time, the department shall issue such certificate\nwithout requiring that there is a public need for such service and\nwithout further proceedings, provided application for such certificate\nor statement of registration is submitted to the department in\naccordance with this article prior to January first, nineteen hundred\nninety-eight. Notwithstanding the provisions of subdivision six of\nsection three thousand five of this article, if any advanced life\nsupport first response service or a predecessor in interest was in bona\nfide operation as an advanced life support first response service at the\nemt-defibrillation level on July first, nineteen hundred ninety-three,\nwithin the territory for which application for a certificate is made\npursuant to any provisions of this article, and has so operated since\nthat time, the department shall issue such certificate without requiring\nthat there is a public need for such service and without further\nproceedings, provided application for such certificate or statement of\nregistration is submitted to the department in accordance with this\narticle prior to January first, nineteen hundred ninety-four. Pending\nthe determination of any such application, the continuance of such\noperation shall be lawful. In all other cases the application shall be\ndecided in accordance with the procedures provided in section three\nthousand five of this article and such application shall be approved or\ndenied accordingly.  An application pursuant to this section shall be\ndeemed filed with the department upon being mailed to the department by\ncertified or registered mail.\n