Senate Bill S2128B

                                BILL NUMBER:S2128

TITLE OF BILL:  An act to amend the public health law, in relation to
periodic clinic inspection

PURPOSE: The purpose of this bill is to establish a requirement for
the Health Commissioner to inspect abortion clinics once every two
years, and submit a written report of the results of each inspection
to the Assembly, Senate, and Governor.

SUMMARY OF PROVISIONS:

Section 1 amends the public health law by adding § 2560 to define the
type of facility that would be covered by this act.

Section 2 amends the public health law by adding § 2561 to create an
affirmative duty of the Commissioner of the New York State Department
of Health to inspect abortion clinics.

Subsection 1 directs the Commissioner to promulgate rules and
standards against which abortion clinics must be evaluated.

Subsection 2 directs the Commissioner to inspect abortion clinics on a
biennial basis and provides authorization for the Commissioner to
appoint or designate persons to perform the inspections.

              

Subsection 3 directs the Commissioner to create a report on the
results of the inspections and submit that report to the Assembly, the
Senate, and the Governor.

JUSTIFICATION: According to the Public Health Law, the Department of
Health is required to supervise and regulate the sanitary aspects of
businesses and activities that affect public health. It does not,
however, require the Health Commissioner to conduct periodic
inspections of abortion clinics on a periodic basis. A recent Freedom
of Information Law (FOIL) request uncovered the fact that only 17 of
the 25 abortion clinics in New York had been inspected between 2000
and 2012, and five of those 17 had received only one inspection during
that time period.  Eight abortion clinics received no inspections.

This bill would create a duty for the Health Commissioner and/or
designees of the Health Commissioner to inspect every abortion clinic
once every two years and report all findings to the Governor and
legislature. This time period would be in line with the statutory
requirement for inspections of other facilities regulated by the
Department of Health such as restaurants and tanning salons.

This measure should acquire broad consensus as its intended goal is to
afford women the proper protections and highest standards befitting a
facility that conducts such sensitive procedures, without altering the
current status of access to abortion in this state.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately

                                BILL NUMBER:S2128A

TITLE OF BILL:

An act to amend the public health law, in relation to periodic clinic
inspection

PURPOSE:

The purpose of this bill is to establish a requirement for the Health
Commissioner to inspect abortion clinics once every two years, and
submit a written report of the results of each inspection to the
Assembly, Senate, and Governor.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends the Public Health Law by adding a new
section 2827 to define the type of facility that would be covered by
this act.

Section 2 of this bill amends the Public Health Law by adding a new
section 2828 to create an affirmative duty of the Commissioner of the
New York State Department of Health to inspect abortion clinics.

Subdivision 1 of this new section directs the Commissioner to
promulgate rules and standards against which abortion clinics must be
              

evaluated, including standards for cleanliness, hygiene, and safety.

Subdivision 2 of this new section directs the Commissioner to inspect
abortion clinics on a biennial basis and provides authorization for
the Commissioner to appoint or designate persons to perform the
inspections.

Subdivision 3 of this new section directs the Commissioner to create a
report on the results of the inspections and submit that report to the
Assembly, the Senate, and the Governor.

Subdivision 4 of this new section provides that the commissioner may
use regulations to authorize any county or municipal department of
health to administer evaluations within its jurisdiction.

Subdivision 5 of this new section provides that this section shall not
apply to facilities accredited by the joint commission on
accreditation of health care organizations.

Section 3 of this bill provides that this act shall take effect
immediately.

JUSTIFICATION:

According to the Public Health Law, the Department of Health is
required to supervise and regulate the sanitary aspects of businesses
and activities that affect public health. It does not, however,
require the Health Commissioner to conduct periodic inspections of
abortion clinics on a periodic basis. A recent Freedom of Information
Law (FOIL) request uncovered the fact that only 17 of the 25 abortion
clinics in New York had been inspected between 2000 and 2012, and five


of those 17 had received only one inspection during that time period.
Eight abortion clinics received no inspections.

This bill would create a duty for the Health Commissioner and/or
designees of the Health Commissioner to inspect every abortion clinic
once every two years and report all findings to the Governor and
legislature. This time period would be in line with the statutory
requirement for inspections of other facilities regulated by the
Department of Health such as restaurants and tanning salons.

This measure should acquire broad consensus as its intended goal is to
afford women the proper protections and highest standards befitting a
facility that conducts such sensitive procedures, without altering the
current status of access to abortion in this state.

LEGISLATIVE HISTORY:

2014: S.7726 - Referred to Health

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

This act shall take effect immediately.