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

New York Assembly Bill 9943 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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--A
                                 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
       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. Subdivision 7 of section 3008 of the public health law, as
    2  added by chapter 510 of the laws of 1997, is amended to read as follows:
    3    7. [(a)] Notwithstanding any other provision of law and subject to the
    4  provisions of this article, any municipality within this state, or  fire
    5  district  acting  on behalf of any such municipality, and acting through
    6  its local legislative body, is hereby authorized and empowered to  adopt
    7  and amend local laws, ordinances or resolutions to establish and operate
    8  advanced  life  support  first responder services or municipal ambulance
    9  services within the municipality, upon meeting or exceeding  all  stand-
   10  ards set by the department for appropriate training, staffing and equip-
   11  ment, and upon filing with the New York state emergency medical services
   12  council,  a  written  request  for such authorization. Upon such filing,
   13  such municipal advanced life support first responder service or  munici-
   14  pal  ambulance  service  shall  be  deemed to have satisfied any and all
   15  requirements for determination of public need for the  establishment  of
   16  additional  emergency  medical  services pursuant to this article [for a
   17  period of two years following the date of such filing]. Nothing in  this
   18  article  shall  be deemed to exclude the municipal advanced life support
   19  first responder service or municipal ambulance service authorized to  be
   20  established  and  operated  pursuant to this article from complying with
   21  any other requirement or provision of this article or any other applica-
   22  ble provision of law.
   23    [(b) In the case of an application for certification pursuant to  this
   24  subdivision,  for  a  municipal advanced life support or municipal ambu-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15442-02-2
       A. 9943--A                          2
    1  lance service, to serve the area  within  the  municipality,  where  the
    2  proposed service meets or exceeds the appropriate training, staffing and
    3  equipment  standards,  there  shall  be a strong presumption in favor of
    4  approving the application.]
    5    S 2. This act shall take effect immediately.