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Title: Section 69-11.2 - Surrogacy program licensure

Effective Date

02/16/2021

69-11.2 Surrogacy program licensure.

(a) In order to operate a surrogacy program in New York State, a person or entity must be duly and currently licensed by the Department. As a condition for licensure, each owner shall submit to the Department, on a form and in a manner prescribed by the Department:

(1) proof of the program’s professional liability insurance or other appropriate insurance coverage;

(2) the program’s administrative policies and procedures, including:

(i) a conflict of interest policy satisfactory to the Department;

(ii) policies and procedures to ensure that surrogacy agreements meet the requirements of Article 5-C of the Family Court Act;

(iii) policies and procedures to ensure that the surrogate has given informed consent for the surrogacy and is afforded all of the rights set forth in and that all parties were provided with a copy of the Surrogate’s Bill of Rights in Article 5-C of the Family Court Act at the time of the initial consultation;

(iv) policies and procedures to monitor parties’ compliance with the terms of the surrogacy agreement, and ensure that such surrogacy agreement is in compliance with Article 5-C of the Family Court Act; and

(v) training materials for all surrogacy program staff.

(3) a background investigation report from an independent licensed private investigation company:

(i) demonstrating that the owners of the program, the individual functioning as the chief executive officer, and the individual functioning as the chief operating officer, regardless of adjudication, have never previously been convicted or found guilty of, or entered a plea of guilty or a plea of nolo contendere to any offense involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property; and

(ii) specifying any judgments and liens filed with the county clerk in counties where the individuals identified in subparagraph (i) of this paragraph worked and resided and all counties contiguous to those counties (within the past 10 years); and

(4) a comprehensive credit report for each owner of the program.

(b) Each applicant shall submit to the Department any other information as may be requested under the Department’s application process for licensure, including information about the owners of the program, the individual functioning as the chief executive officer, and the individual functioning as the chief operating officer, such as allegations of malpractice, actions taken against the individual’s license, hospital restrictions, criminal convictions, civil and bankruptcy court actions, disputes settled through arbitration or alternative dispute resolution, whether the individual is aware of being under investigation by a governmental agency, whether a criminal charge or civil or administrative action is currently pending against the individual, and termination from employment.

(c) Changes of information.

(1) Any change in accuracy of the information provided under this section following the date of licensure and prior to renewal of licensure shall be reported to the Department.

(2) Any failure to disclose a change of information within 30 days of the change shall constitute grounds for the Department to revoke the license of such surrogacy program pursuant to section 69-11.10 of this Part.

(d) Each surrogacy program shall, as a condition of licensure, maintain and regularly monitor an account for a program owner and at least one other program official on the health commerce system.

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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