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S08307 Summary:

Amd 2803, Pub Health L
Provides that the commissioner of health shall approve the operating certificate of a midwifery birth center which is accredited by a recognized accrediting organization.
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S08307 Actions:

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S08307 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      May 11, 2020
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law,  in  relation  to  accreditation,
          approval, and operation of midwifery birth centers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 11 of section 2803 of the public health law, as
     2  added by chapter 397 of the laws of 2016, is amended to read as follows:
     3    11. (a) The commissioner shall make regulations relating to  midwifery
     4  birth  centers,  including  relating to establishment, construction, and
     5  operation, considering the standards of state and national  professional
     6  associations  of midwifery birth centers, in consultation with represen-
     7  tatives of midwives, midwifery  birth  centers,  and  general  hospitals
     8  providing obstetric services.
     9    (b)  (i) As used in this subdivision, "accrediting organization" means
    10  a national  accrediting  organization  that  provides  accreditation  to
    11  midwifery  birth centers, recognized by the commissioner in consultation
    12  with representatives of midwives, midwifery birth centers,  and  general
    13  hospitals  providing  obstetric  services.  The  commissioner  shall not
    14  unreasonably withhold recognition  of  an  organization  seeking  to  be
    15  recognized under this paragraph.
    16    (ii)  Where  a proposed midwifery birth center demonstrates the intent
    17  and capability to obtain and maintain accreditation  by  an  accrediting
    18  organization,  it shall be deemed to meet the requirements of this arti-
    19  cle for a midwifery birth center for approval of a certificate of incor-
    20  poration, articles of organization and establishment, as to  any  matter
    21  provided for in the accrediting organization's standards.
    22    (iii) Regulations and requirements of the commissioner for approval of
    23  a certificate of incorporation, articles of organization, establishment,
    24  and  operation  of a midwifery birth center established or seeking to be
    25  established under this article, including a determination of public need
    26  and compliance with operational and physical plant standards, shall  not
    27  be  inconsistent with article one hundred forty of the education law and
    28  the standards of the accrediting organization from which  the  midwifery
    29  birth center proposes to seek, seeks or has obtained accreditation.
    30    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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