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This entry was published on 2014-09-22
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SECTION 3008
Applications for determinations of public need
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 3008. Applications for determinations of public need. 1. Every
application for a determination of public need shall be made in writing
to the appropriate regional council, shall specify the primary territory
within which the applicant requests to operate, be verified under oath,
and shall be in such form and contain such information as required by
the rules and regulations promulgated pursuant to this article.

2. Notice of the application shall be forwarded by registered or
certified mail by the appropriate regional council to the chief
executive officers of all general hospitals, ambulance services, and
municipalities operating within the same county or counties where the
services seeks to operate. The notice shall provide opportunity for
comment.

3. Notice pursuant to this section shall be deemed filed with the
ambulance service and municipality upon being mailed by the appropriate
regional or state council by registered or certified mail.

4. The appropriate regional council or the state council shall make
its determination of public need within sixty days after receipt of the
application.

5. The applicant or any concerned party may appeal the determination
of the appropriate regional council to the state council within thirty
days after the regional council makes its determination.

6. In the case of an application for certification under this article
by a municipal ambulance service to serve the area within the
municipality, and the municipal ambulance service meets appropriate
training, staffing and equipment standards, there should be a
presumption in favor of approving the application.

7. (a) Notwithstanding any other provision of law and subject to the
provisions of this article, any municipality within this state, or fire
district acting on behalf of any such municipality, and acting through
its local legislative body, is hereby authorized and empowered to adopt
and amend local laws, ordinances or resolutions to establish and operate
advanced life support first responder services or municipal ambulance
services within the municipality, upon meeting or exceeding all
standards set by the department for appropriate training, staffing and
equipment, and upon filing with the New York state emergency medical
services council, a written request for such authorization. Upon such
filing, such municipal advanced life support first responder service or
municipal ambulance service shall be deemed to have satisfied any and
all requirements for determination of public need for the establishment
of additional emergency medical services pursuant to this article for a
period of two years following the date of such filing. Nothing in this
article shall be deemed to exclude the municipal advanced life support
first responder service or municipal ambulance service authorized to be
established and operated pursuant to this article from complying with
any other requirement or provision of this article or any other
applicable provision of law.

(b) In the case of an application for certification pursuant to this
subdivision, for a municipal advanced life support or municipal
ambulance 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 city with a population of fourteen thousand seven hundred
or sixty-two thousand two hundred thirty-five, according to the two
thousand ten federal decennial census, or fire district acting on behalf
of any such city, that applies for permanent certification pursuant to
this section at the conclusion of the two year period provided in this
subdivision, shall not be required to apply to its regional emergency
medical services council or the state emergency medical services council
for a determination of need, and the application shall be submitted to
and approved by the commissioner unless the commissioner finds that the
municipal advanced life support first responder service or municipal
ambulance service has failed to meet the appropriate training, staffing
and equipment standards.