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A00259 Summary:

COSPNSRPaulin, Solages, Dickens, Seawright, Thiele, Simon, Aubry, Galef, Bronson, Barron, Gonzalez-Rojas
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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A00259 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2021
          THIELE, SIMON, AUBRY, GALEF, BRONSON -- 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  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,  contingent  on
    21  obtaining and maintaining that accreditation.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 259--A                           2
     1    (iii) Regulations and requirements of the commissioner for approval of
     2  a certificate of incorporation, articles of organization, establishment,
     3  and  operation  of a midwifery birth center established or seeking to be
     4  established under this article, including a determination of public need
     5  and  compliance with operational and physical plant standards, shall not
     6  be inconsistent with article one hundred forty of the education law  and
     7  the  standards  of the accrediting organization from which the midwifery
     8  birth center proposes to seek, seeks or has obtained accreditation.
     9    § 2. This act shall take effect immediately.
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