Bill Text: NY S03387 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed) 2019-03-18 - referred to ways and means [S03387 Detail]

Download: New_York-2019-S03387-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 6, 2019
        Introduced  by  Sens. KAPLAN, HELMING -- read twice and ordered printed,
          and when printed to be committed 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.
    21    (2) "Nationally recognized accrediting agency" shall mean a nationally
    22  recognized accrediting agency designated by the  commissioner;  provided
    23  that the commissioner shall designate more than one agency.
    24    §  2. This act shall take effect on the first of January next succeed-
    25  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.