 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6952
 
                    IN SENATE
 
                                     January 6, 2020
                                       ___________
 
        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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 amended by a chapter of the laws of 2019, amend-
     3  ing  the  social services law relating to lactation counseling services,
     4  as proposed in legislative bills numbers S. 3387 and A. 2345, is amended
     5  to read as follows:
     6    (x)(i) lactation counseling services for pregnant and postpartum women
     7  when such services are ordered  by  a  physician,  physician  assistant,
     8  nurse  practitioner,  or  midwife  and provided by a qualified lactation
     9  care provider, as determined by the commissioner  of  health;  provided,
    10  however,  that  the  provisions  of this paragraph shall not take effect
    11  unless all necessary approvals under federal  law  and  regulation  have
    12  been obtained to receive federal financial participation in the costs of
    13  health  care  services  provided  pursuant to this paragraph. Nothing in
    14  this paragraph shall be construed to modify any licensure, certification
    15  or scope of practice provision under title eight of the education law.
    16    (ii) [For] for the purposes of this  paragraph,  the  following  terms
    17  shall have the following meanings:
    18    (1)  "Qualified  lactation  care  provider"  shall  mean  a person who
    19  possesses current certification as a  lactation  care  provider  from  a
    20  certification  program accredited by a nationally recognized accrediting
    21  agency.
    22    (2) "Nationally recognized accrediting agency" shall mean a nationally
    23  recognized accrediting agency designated by the  commissioner;  provided
    24  that the commissioner shall designate more than one agency.
    25    §  2.  This  act  shall  take  effect on the same date and in the same
    26  manner as a chapter of the laws of 2019, amending  the  social  services
    27  law  relating  to lactation counseling services, as proposed in legisla-
    28  tive bills numbers S. 3387 and A. 2345, takes effect.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        S                                                          LBD04950-03-9
Relates to lactation counseling services

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