NY Pub Health L § 3005 (2021)
2021 New York Laws PBH - Public Health Article 30 - Emergency Medical Services 3005 - Ambulance Service Certificates.

§  3005.  Ambulance  service  certificates.    1. No ambulance service   operating for profit, hospital ambulance service or municipal  ambulance   service  of  a  city  of over one million population shall operate on or   after September first, nineteen hundred seventy-five unless it possesses   a valid ambulance service certificate issued pursuant to  this  article.   Effective  January  first,  nineteen  hundred ninety-seven, no ambulance   service shall be operated unless it possesses a valid ambulance  service   operating certificate issued pursuant to this article or has been issued   a  statement  of  registration.  No advanced life support first response   service shall operate unless it possesses a valid advanced life  support   first  responder service operating certificate. Effective January first,   two thousand, no ambulance service shall be operated unless it possesses   a valid operating certificate.2. The department shall issue an initial certificate to  an  ambulance   service  certified  prior  to  the  effective  date of this section upon   submission of proof that it is the holder of a valid  ambulance  service   certificate  and  is  otherwise in compliance with provisions of section   three thousand nine of this article.2-a. Prior to January first, two thousand, the department shall  issue   an  initial  certificate to a registered ambulance service in possession   of a valid registration provided that such service has  been  issued  an   exemption issued by a regional council pursuant to subdivision five-a of   section three thousand three of this article.3.  The  department  shall issue an initial certificate to an advanced   life support first response service upon submission of proof  that  such   advanced  life support first response service is staffed and equipped in   accordance with rules  and  regulations  promulgated  pursuant  to  this   article  and is otherwise in compliance with provisions of section three   thousand nine of this article.4. A certificate issued to  an  ambulance  service  or  advanced  life   support first response service shall be valid for two years. The initial   certification  fee shall be one hundred dollars. Thereafter the biennial   fee shall be in accordance with the schedule of fees established by  the   commissioner  pursuant  to  this  article.  However,  there  shall be no   initial or renewal certification fee required of a  voluntary  ambulance   service or voluntary advanced life support first response service.5. No initial certificate (except initial certificates issued pursuant   to  subdivision  two  of  this  section)  shall  be  issued  unless  the   commissioner finds that the proposed operator or operators are competent   and fit to operate  the  service  and  that  the  ambulance  service  or   advanced  life support first response service is staffed and equipped in   accordance with rules  and  regulations  promulgated  pursuant  to  this   article.6.  No  ambulance  service  or  advanced  life  support first response   service shall begin operation without prior approval of the  appropriate   regional  council,  or  if  there  is  no  appropriate  regional council   established such  ambulance  service  or  advanced  life  support  first   response  service  shall apply for approval from the state council as to   the public need for the establishment of additional ambulance service or   advanced life support first response service, pursuant to section  three   thousand eight of this article.7.  Applications  for  a  certificate shall be made by the owner of an   ambulance service  or  advanced  life  support  first  response  service   operating  for  profit  or  the  responsible  official  of  a  voluntary   ambulance service or advanced life support first response  service  upon   forms  provided by the department.  The application shall state the name   and address of the owner and such other information  as  the  department   may require pursuant to rules and regulations. 8.  For  purposes  of  this article, competent means that any proposed   operator of  any  ambulance  service  or  advanced  life  support  first   response service who is already or had been within the last ten years an   incorporator,  director,  sponsor, principal stockholder, or operator of   any  ambulance  service,  hospital, private proprietary home for adults,   residence for adults, or non-profit home for the aged or blind which has   been issued an operating certificate by the state department  of  social   services,  or  a halfway house, hostel, or other residential facility or   institution for the care, custody, or treatment of the mentally disabled   subject to the approval by the department  of  mental  hygiene,  or  any   invalid   coach  service  subject  to  approval  by  the  department  of   transportation, is rendering or did render  a  substantially  consistent   high  level  of  care.  For  purposes  of  this  subdivision,  the state   emergency medical services council shall adopt  rules  and  regulations,   subject  to  the approval of the commissioner, to establish the criteria   to be used to define substantially consistent high level  of  care  with   respect  to  ambulance  services,  advanced  life support first response   services, and invalid coaches, except that the commissioner may not find   that a consistently high level of care has  been  rendered  where  there   have  been  violations  of the state EMS code, or other applicable rules   and regulations, that (i) threatened  to  directly  affect  the  health,   safety,  or  welfare of any patient, and (ii) were recurrent or were not   promptly corrected. For purposes of this article, the rules  adopted  by   the   state  hospital  review  and  planning  council  with  respect  to   subdivision three of section twenty-eight hundred one-a of this  chapter   shall  apply to other types of operators. Fit means that the operator or   proposed operator (a) has not been convicted of a crime or pleaded  nolo   contendere  to  a felony charge involving murder, manslaughter, assault,   sexual abuse, theft, robbery, fraud, embezzlement, drug abuse,  or  sale   of  drugs  and  (b)  is  not  or  was  not subject to a state or federal   administrative order relating  to  fraud  or  embezzlement,  unless  the   commissioner   finds  that  such  conviction  or  such  order  does  not   demonstrate a present risk or danger to patients or the public.