Section 3009. Continuation of existing services  


Latest version.
  • 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.