2023 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.