Notwithstanding the requirements of any other provisions of any general or public laws, the following circumstances shall not require a certificate of need review and approval by the state agency:

(1)  The merger of an existing, currently licensed multi-practice physician ambulatory surgery center or multi-practice podiatry ambulatory surgery center (as such terms are defined in § 23-17-2) with another such center; or

(2)  An existing, currently licensed multi-practice physician ambulatory surgery center or multi-practice podiatry ambulatory surgery center (as such terms are defined in § 23-17-2) expanding its operation to add an additional operating room in excess of two (2) operating rooms.