Bill Text: NY A02345 | 2019-2020 | General Assembly | Introduced

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Bill Title: Authorizes lactation counseling services without a referral from a physician, registered physician assistant, registered nurse practitioner, or licensed midwife.

Spectrum: Strong Partisan Bill (Democrat 20-2)

Status: (Passed) 2019-12-16 - APPROVAL MEMO.54 [A02345 Detail]

Download: New_York-2019-A02345-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2345
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by  M.  of A. SOLAGES, NORRIS, MORINELLO, GOTTFRIED, ARROYO,
          WILLIAMS, GLICK, DICKENS, D'URSO,  JAFFEE,  CRESPO,  HYNDMAN,  BARRON,
          LAVINE,  L. ROSENTHAL,  BLAKE, RIVERA, SEAWRIGHT -- Multi-Sponsored by
          -- M. of A. COOK, EPSTEIN, SIMON -- read  once  and  referred  to  the
          Committee on Health
        AN  ACT to amend the social services law, in relation to lactation coun-
          seling services
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (x)  of  subdivision 2 of section 365-a of the
     2  social services law, as added by section 6 of part D of  chapter  56  of
     3  the laws of 2012, is amended to read as follows:
     4    (x)(i) lactation counseling services for pregnant and postpartum women
     5  [when  such  services  are  ordered by a physician, registered physician
     6  assistant, registered  nurse  practitioner,  or  licensed  midwife  and]
     7  provided   by   a  [certified]  qualified  lactation  [consultant]  care
     8  provider, as determined by the commissioner of health; provided,  howev-
     9  er,  that  the provisions of this paragraph shall not take effect unless
    10  all necessary approvals under  federal  law  and  regulation  have  been
    11  obtained  to  receive  federal  financial  participation in the costs of
    12  health care services provided pursuant to  this  paragraph.  Nothing  in
    13  this paragraph shall be construed to modify any licensure, certification
    14  or scope of practice provision under title eight of the education law.
    15    (ii)  For  the  purposes  of this paragraph, the following terms shall
    16  have the following meanings:
    17    (1) "Qualified lactation  care  provider"  shall  mean  a  person  who
    18  possesses  current  certification  as  a  lactation care provider from a
    19  certification program accredited by a nationally recognized  accrediting
    20  agency.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04950-01-9
        A. 2345                             2
     1    (2) "Nationally recognized accrediting agency" shall mean a nationally
     2  recognized  accrediting  agency designated by the commissioner; provided
     3  that the commissioner shall designate more than one agency.
     4    §  2. This act shall take effect on the first of January next succeed-
     5  ing the date on which it shall have become a law.