NY Pub Health L § 3010 (2021)
2021 New York Laws PBH - Public Health Article 30 - Emergency Medical Services 3010 - Area of Operation; Transfers.

§  3010.  Area  of  operation; transfers.   1. Every ambulance service   certificate or statement of registration issued under this article shall   specify the primary territory within which the ambulance  service  shall   be  permitted  to  operate.  An ambulance service shall receive patients   only within the primary territory specified  on  its  ambulance  service   certificate  or  statement of registration, except: (a) when receiving a   patient which it initially transported to a facility or location outside   its primary territory; (b) as required for the fulfillment of  a  mutual   aid  agreement  authorized  by  the  regional  council; (c) upon express   approval of  the  department  and  the  appropriate  regional  emergency   medical  services  council  for  a maximum of sixty days if necessary to   meet an  emergency  need;  provided  that  in  order  to  continue  such   operation  beyond  the  sixty  day  maximum  period necessary to meet an   emergency need, the ambulance service must satisfy the  requirements  of   this  article,  regarding determination of public need and specification   of the  primary  territory  on  the  ambulance  service  certificate  or   statement  of registration; or (d) an ambulance service or advanced life   support first response service organization formed to serve the need for   the provision of emergency  medical  services  in  accordance  with  the   religious  convictions  of a religious denomination may serve such needs   in an area adjacent to such primary territory and, while responding to a   call for such service, the needs of other residents of such area at  the   emergency  scene.  Any ambulance service seeking to operate in more than   one region shall make application to each appropriate regional  council.   Whenever an application is made simultaneously to more than one regional   council,  the  applications  submitted to the regional councils shall be   identical, or copies of each application shall be submitted to  all  the   regional councils involved.2.  No  ambulance service certificate shall be transferable unless the   regional council and the department reviews and approves the transfer as   follows:a. Any change in the individual who  is  the  sole  proprietor  of  an   ambulance  service  shall only be approved upon a determination that the   proposed new operator is competent and fit to operate the service.b. Any change in a partnership which is  the  owner  of  an  ambulance   service  shall  be  approved  based  upon  a  determination that the new   partner or partners are competent and fit to operate  the  service.  The   remaining  partners  shall  not  be  subject  to a character and fitness   review.c. Any transfer, assignment or other disposition  of  ten  percent  or   more  of the stock or voting rights thereunder of a corporation which is   the owner of an ambulance service, or any transfer, assignment or  other   disposition  of  the  stock  or  voting  rights  thereunder  of  such  a   corporation which results in the ownership or control of ten percent  or   more  of  the  stock or voting rights thereunder by any person, shall be   approved  based  upon  a  determination  that  the  new  stockholder  or   stockholder  proposing  to  obtain  ten  percent or more of the stock or   voting rights thereunder of such corporation is  competent  and  fit  to   operate  the service. The remaining stockholders shall not be subject to   a character and fitness review.d. Any transfer of all  or  substantially  all  of  the  assets  of  a   corporation  which  owns or operates a certified ambulance service shall   be approved based upon a determination that the individual, partnership,   or corporation proposing to obtain  all  or  substantially  all  of  the   assets of the corporation is competent and fit to operate the service.e.  Any  transfer  affected  in the absence of the review and approval   required by this section shall be null and void and the  certificate  of   such ambulance service shall be subject to revocation or suspension. 3.  Nothing  contained  in this section shall be construed to prohibit   any voluntary ambulance service authorized by its governing authority to   do so from transporting any sick or  injured  resident  of  its  primary   territory  from  any  general  hospital  or  other  health care facility   licensed  by  the  department,  whether  or not such general hospital or   health care facility is within the service's primary territory,  to  any   other   general  hospital  or  health  care  facility  licensed  by  the   department for  further  care,  or  to  such  resident's  home.  Nothing   contained in this section shall be construed to prohibit any proprietary   ambulance  service  authorized  by  its  governing  body  to  do so from   transporting any sick or injured patient from any  general  hospital  or   other  health  care  facility  licensed by the department whether or not   such general hospital or health care facility is  within  the  service's   primary territory, to any other general hospital or health care facility   licensed  by  the  department within the service's primary territory for   further care, or to such patient's  home,  if  such  patient's  home  is   within  its  primary  territory. Any ambulance service owned by or under   contract to a general hospital licensed by the department may  transport   any  specialty  patient  from  any other general hospital or health care   facility  licensed  by  the  department  to  the  hospital  owning  such   ambulance  service,  or  with  which  it  has  a contract. Categories of   specialty patients shall be defined  by  rule  by  the  state  emergency   medical services council, subject to the approval of the commissioner.4.  No ambulance service certificate of an ambulance service which has   discontinued operations for a continuous period in excess of thirty days   shall be transferable without the approval of the  appropriate  regional   council.