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Title: Section 69-11.11 - Assisted reproduction service provider registration

Effective Date

02/16/2021

69-11.11 Assisted reproduction service provider registration.

(a) An assisted reproduction service provider is prohibited from performing any medical procedures for a gestational surrogacy agreement unless such assisted reproduction service provider is registered with the Department. In order to register with the Department as an assisted reproduction service provider, an assisted reproduction service provider shall provide to the Department in a form acceptable to the Department:

(1) information demonstrating that the assisted reproduction service provider is licensed to operate as a tissue bank under 10 NYCRR section 52-2.1;

(2) information regarding any other health care practitioner or health care facility licenses held by the assisted reproduction service provider or the health care practitioners who work for the assisted reproduction service provider;

(3) information regarding the assisted reproduction service provider’s health commerce system account; and

(4) the types of procedures, and an estimate of the number of each type of procedure that will be performed annually, to effectuate gestational surrogacy agreements.

(b) An assisted reproduction service provider shall maintain and regularly monitor an account on the health commerce system.

(c) Assisted reproduction service providers shall establish policies and procedures relating to the selection and evaluation of prospective surrogates and the evaluation of prospective intended parents.  Policies and procedures for screening of gestational surrogates must be consistent with the Department’s guidelines and best practices, which shall be published on the Department’s website.  Policies and procedures for screening and evaluation of intended parents must be consistent with clinical best practices. 

(d) Assisted reproductive service providers already providing ART service as of the effective date of this Subpart shall have 120 days to comply with this Part.

(e) Upon a change of ownership of an assisted reproductive service provider, within 30 days, such new owner shall update the information that the assisted reproductive service provider is required to submit to the Department by this Part.

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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