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Title: Section 69-11.10 - Continuation of surrogacy program licensure

Effective Date

07/16/2021

69-11.10 Continuation of surrogacy program licensure.

(a) Licenses are not transferable or assignable. A licensee may invalidate any license by delivering it to the Department, in the form and manner prescribed by the Department, but such delivery does not affect any civil or criminal liability or the authority to enforce this Subpart for acts committed in violation thereof.

(b) A licensee who is the subject of a voluntary or involuntary bankruptcy filing must report such filing to the Department within seven business days after the filing date.

(c) A surrogacy program’s license may be revoked, suspended, limited or annulled by the Department upon a finding that:

(1) the owner misrepresented or failed to disclose information required to be provided by this Subpart;

(2) the owner, or any employees, contractors, or other personnel under the direction and control of the surrogacy program, failed to adhere to any requirements of Article 44 of the General Business Law or this Part; or

(3) the owner, or any employees, contractors, or other personnel under the direction and control of the surrogacy program, through action or act of omission, placed parties to a surrogacy agreement or the Child intended to be born under the surrogacy agreement in danger of harm of any kind, or otherwise violated the requirements of this Subpart or any guidelines or standards required to be issued by the Department pursuant to law.

(d) No surrogacy program’s license may be revoked, suspended, limited or annulled by the Department without affording the surrogacy program an opportunity to request a hearing pursuant to Part 51 of this Title.

(e) Any person or entity that is required to be licensed as a surrogacy program under this Subpart that continues to operate after the effective date of this Subpart without obtaining a license from the Department, or that continues to operate following the revocation, suspension, or annulment of their license, or that operates contrary to limitations placed on their license pursuant to this section, shall be considered to be operating a fraudulent business, and the names of the owner or owners associated therewith shall be referred by the Department to the Office of the Attorney General for investigation and possible prosecution.

Statutory Authority

General Business Law, Section 1404 and Public Health Law, Sections 2599-cc and 4365(4)

Volume

VOLUME A-1a (Title 10)

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