NY Pub Health L § 3009 (2021)
2021 New York Laws PBH - Public Health Article 30 - Emergency Medical Services 3009 - Continuation of Existing Services.

§  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 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   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 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.