36-2233. Certificate of necessity to operate an ambulance service; termination; exceptions; service areas

A. Any person wishing to operate an ambulance service in this state shall apply to the department on a form prescribed by the director for a certificate of necessity.

B. The director shall issue a certificate of necessity if all of the following apply:

1. The ambulance service has a certificate of registration issued by the department for at least one ambulance pursuant to section 36-2212.

2. The director finds that public necessity requires the service or any part of the service proposed by the applicant.

3. The director finds that the applicant is fit and proper to provide the service.

4. The applicant has paid the appropriate fees pursuant to section 36-2240.

5. The applicant has filed a surety bond pursuant to section 36-2237.

C. A certificate of necessity issued pursuant to subsection B of this section shall be for all or part of the service proposed by the applicant as determined necessary by the director for public convenience and necessity.

D. This section does not require a certificate of necessity for:

1. Vehicles and persons that are exempt from a certificate of registration pursuant to section 36-2217.

2. Ambulance services operating under temporary authority pursuant to section 36-2242.

E. The director may grant a service area by one or any combination of the following descriptions:

1. Metes and bounds.

2. A city, town or political subdivision not limited to a specific date. The merger or consolidation of two or more fire districts pursuant to section 48-820 or 48-822 does not expand the service area boundaries of an existing certificate of necessity.

3. A city, town or political subdivision as of a specific date that does not include annexation.