Bill Text: NY A09943 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 9943 (Prior Session Legislation)

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