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This entry was published on 2014-09-22
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SECTION 3009
Continuation of existing services
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 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.