S T A T E O F N E W Y O R K
________________________________________________________________________
10302
I N A S S E M B L Y
May 22, 2012
___________
Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to the continuation
of a municipal advanced life support first responder service or munic-
ipal ambulance service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 7 of section 3008 of the
public health law, as added by chapter 510 of the laws of 1997, is
amended to read as follows:
(b) [In the case of an application for certification pursuant to this
subdivision, for a municipal advanced life support or municipal ambu-
lance service, to serve the area within the municipality, where the
proposed service meets or exceeds the appropriate training, staffing and
equipment standards, there shall be a strong presumption in favor of
approving the application.] NOTWITHSTANDING ANY OTHER PROVISION OF THIS
ARTICLE, ANY MUNICIPALITY WITHIN THIS STATE, OR FIRE DISTRICT ACTING ON
BEHALF OF ANY SUCH MUNICIPALITY, WHICH APPLIES FOR PERMANENT CERTIF-
ICATION PURSUANT TO THIS ARTICLE AT THE CONCLUSION OF THE TWO YEAR PERI-
OD UNDER PARAGRAPH (A) OF THIS SUBDIVISION, SHALL NOT BE REQUIRED TO
APPLY TO ITS REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL OR THE STATE
EMERGENCY MEDICAL SERVICES COUNCIL, AND THE APPLICATION SHALL BE SUBMIT-
TED TO AND APPROVED BY THE COMMISSIONER UNLESS THE COMMISSIONER FINDS
THAT THE MUNICIPAL SERVICE HAS FAILED TO MEET THE APPROPRIATE TRAINING,
STAFFING AND EQUIPMENT STANDARDS.
S 2. This act shall take effect immediately and shall apply to any
municipality or fire district that has a temporary determination of
public need under paragraph (a) of subdivision 7 of section 3008 of the
public health law at the time this act becomes a law, and to any appli-
cation made by a municipality or fire district under that section that
is pending any administrative or judicial appeal process at the time
this act becomes a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15900-01-2