Bill Text: NY A09943 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to the provision of municipal advanced life support first responder service or municipal ambulance service.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2012-10-03 - signed chap.464 [A09943 Detail]
Download: New_York-2011-A09943-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9943--B I N A S S E M B L Y April 26, 2012 ___________ Introduced by M. of A. BRINDISI -- Multi-Sponsored by -- M. of A. ABBATE -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to eliminating the requirement to prove public need for the establishment and operation of advanced life support services or municipal ambulance services by a municipality or fire district THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (b) of subdivision 7 of section 3008 of the 2 public health law, as added by chapter 510 of the laws of 1997, is 3 amended to read as follows: 4 (b) [In the case of an application for certification pursuant to this 5 subdivision, for a municipal advanced life support or municipal ambu- 6 lance service, to serve the area within the municipality, where the 7 proposed service meets or exceeds the appropriate training, staffing and 8 equipment standards, there shall be a strong presumption in favor of 9 approving the application.] NOTWITHSTANDING ANY OTHER PROVISION OF THIS 10 ARTICLE, ANY MUNICIPALITY WITHIN THIS STATE, OR FIRE DISTRICT ACTING ON 11 BEHALF OF ANY SUCH MUNICIPALITY, WHICH APPLIES FOR PERMANENT CERTIF- 12 ICATION PURSUANT TO THIS ARTICLE AT THE CONCLUSION OF THE TWO YEAR PERI- 13 OD UNDER PARAGRAPH (A) OF THIS SUBDIVISION, SHALL NOT BE REQUIRED TO 14 APPLY TO ITS REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL OR THE STATE 15 EMERGENCY MEDICAL SERVICES COUNCIL, AND THE APPLICATION SHALL BE SUBMIT- 16 TED TO AND APPROVED BY THE COMMISSIONER UNLESS THE COMMISSIONER FINDS 17 THAT THE MUNICIPAL SERVICE HAS FAILED TO MEET THE APPROPRIATE TRAINING, 18 STAFFING AND EQUIPMENT STANDARDS. 19 S 2. This act shall take effect immediately and shall apply to any 20 municipality or fire district that has a temporary determination of 21 public need under paragraph (a) of subdivision 7 of section 3008 of the 22 public health law at the time this act becomes a law, and to any appli- 23 cation made by a municipality or fire district under such section that 24 is pending any administrative or judicial appeal process at the time 25 this act becomes a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15442-03-2