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. Nothing in this section shall be construed to require a certificate of necessity
for:


1. Vehicles and persons 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.


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