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Title: Section 795.12 - Application for establishment

Effective Date


Section  795.12 Application for establishment.

(a) An application to the Public Health and Health Planning Council (Council) for establishment of a midwifery birth center, as required by law, shall be in writing on forms provided by the Department and executed by the chief executive officer or other officer duly authorized by the proposed operator. An original and eight copies shall be filed with the Council through the project management unit in the Department’s central office in Albany, which shall transmit one copy to the health systems agency having geographic jurisdiction.

(b) Applications to the Council shall contain information and data with reference to:

(1) the public need for the existence of the proposed midwifery birth center at the time and place and under the circumstances proposed;

(2) the character, experience, competency and standing in the community of the proposed incorporators, directors, stockholders, sponsors, individual operators or partners;

(3) the financial resources and sources of future revenue of the midwifery birth center to be operated by the applicant;

(4) the fitness and adequacy of the premises and equipment to be used by the applicant for the proposed midwifery birth center; and

(5) such additional pertinent information and documents necessary for the Council’s consideration, as determined by the Department.


Statutory Authority

Public Health Law, Sections 2801 and 2803(11)


VOLUME E (Title 10)