Bill Text: NY A08788 | 2017-2018 | General Assembly | Amended

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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 21-2)

Status: (Engrossed - Dead) 2018-06-19 - REFERRED TO RULES [A08788 Detail]

Download: New_York-2017-A08788-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8788--B
                                                                Cal. No. 876
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    November 27, 2017
                                       ___________
        Introduced  by  M.  of  A. SOLAGES, NORRIS, MORINELLO, PELLEGRINO, GOTT-
          FRIED, ARROYO, WILLIAMS, GLICK, DICKENS, D'URSO, JAFFEE, CRESPO, HYND-
          MAN, BARRON, LAVINE, L. ROSENTHAL, BLAKE, RIVERA -- Multi-Sponsored by
          -- M. of A.  COOK, EPSTEIN, SIMON -- read once  and  referred  to  the
          Committee  on  Health  --  recommitted  to  the Committee on Health in
          accordance with Assembly Rule 3, sec. 2 -- reported  and  referred  to
          the  Committee  on Ways and Means -- reported from committee, advanced
          to a third reading, amended and ordered reprinted, retaining its place
          on the order of third reading  --  again  amended  on  third  reading,
          ordered reprinted, retaining its place on the order of third reading
        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:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13211-10-8
        A. 8788--B                          2
     1    (1) "Qualified lactation  care  provider"  shall  mean  a  person  who
     2  possesses  current  certification  as  a  lactation care provider from a
     3  certification program accredited by a nationally recognized  accrediting
     4  agency.
     5    (2) "Nationally recognized accrediting agency" shall mean a nationally
     6  recognized  accrediting  agency designated by the commissioner; provided
     7  that the commissioner shall designate more than one agency.
     8    § 2. This act shall take effect on the first of January next  succeed-
     9  ing the date on which it shall have become a law.