S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2984--A A. 2341--A
2017-2018 Regular Sessions
S E N A T E - A S S E M B L Y
January 18, 2017
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IN SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Health --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS -- read once and
referred to the Committee on Health -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to periodic diagnos-
tic and treatment center inspection
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2801 of the public health law is amended by adding
a new subdivision 12 to read as follows:
12. "DIAGNOSTIC AND TREATMENT CENTER" MEANS ANY HOSPITAL AS DEFINED BY
SUBDIVISION ONE OF THIS SECTION OPERATING AS A DIAGNOSTIC AND TREATMENT
CENTER AUTHORIZED TO PROVIDE AMBULATORY SURGICAL SERVICES, INCLUDING BUT
NOT LIMITED TO DIAGNOSTIC AND TREATMENT CENTERS REGULATED BY PART SEVEN
HUNDRED FIFTY-FIVE OR PART SEVEN HUNDRED FIFTY-SIX OF TITLE TEN OF THE
NEW YORK CODE OF RULES AND REGULATIONS.
§ 2. The public health law is amended by adding a new section 2827 to
read as follows:
§ 2827. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER
SHALL PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF
THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO, REGULATIONS ESTABLISHING
STANDARDS FOR CLEANLINESS, HYGIENE, AND SAFETY.
2. THE DEPARTMENT, UNDER THE DIRECTION OF THE COMMISSIONER, SHALL
INSPECT EACH DIAGNOSTIC AND TREATMENT CENTER NOT LESS THAN EVERY THIR-
TY-NINE MONTHS. THE COMMISSIONER MAY APPOINT AND DESIGNATE, FROM TIME TO
TIME, PERSONS TO MAKE THE INSPECTIONS AUTHORIZED BY THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06035-02-7
S. 2984--A 2 A. 2341--A
3. THE COMMISSIONER SHALL CREATE A REPORT EVERY THIRTY-NINE MONTHS
INDICATING THE RESULTS OF ALL INDIVIDUAL INSPECTIONS AND DELIVER A COPY
TO THE ASSEMBLY, THE SENATE, AND THE GOVERNOR.
4. THE COMMISSIONER MAY BY REGULATION AUTHORIZE ANY COUNTY OR MUNICI-
PAL DEPARTMENT OF HEALTH TO ADMINISTER THIS SECTION WITHIN ITS JURISDIC-
TION.
5. PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FACILITIES ACCREDITED
BY THE JOINT COMMISSION ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS.
§ 3. This act shall take effect immediately.