N.Y. Public Health Law § 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.