STATE OF NEW YORK
        ________________________________________________________________________

                                         3230--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sens.  HOYLMAN-SIGAL,  RIVERA  -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Health
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        AN ACT to amend the public  health  law,  in  relation  to  factors  for
          consideration  for  applications  for  a  license to operate a bank or
          storage facility

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraphs (f) and (g) of subdivision 4 of section 4364 of
     2  the public health law, as added by chapter 589 of the laws of 1990,  are
     3  amended and a new subdivision 6 is added to read as follows:
     4    (f)  the  applicant's  ability  to  moderate  and  record temperature,
     5  including an adequate alarm notification system;
     6    (g) the applicant's ability to establish a chain of custody for speci-
     7  mens;
     8    (h) the applicant's ability to  establish  administrative,  technical,
     9  and physical safeguards to protect patient records;
    10    (i) the character and competence of the operator, its officers, direc-
    11  tors,  principal  stockholders  and  controlling  persons, including the
    12  quality of care provided through any health care  entities  operated  or
    13  controlled by such persons; and
    14    [(g)]  (j)  with respect to banks and storage facilities created after
    15  the effective date of this paragraph, the existence  and  activities  of
    16  other  banks  and storage facilities in the geographic area to be served
    17  by the applicant.
    18    6. The commissioner is authorized to promulgate rules and  regulations
    19  necessary to implement the provisions of this section.
    20    §  2.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law. Effective immediately, the addition, amendment and/or
    22  repeal of any rule or regulation necessary  for  the  implementation  of
    23  this  act  on its effective date are authorized to be made and completed
    24  on or before such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02139-03-3