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And take further notice that any person having or claiming to have an interest in any such parcel of real property and the legal right thereto may on or before said date redeem the same either by paying to the said director of finance or, if such person qualifies, by entering into agreement with the sáid director of finance, pursuant to paragraph (c) of section six of this act, to pay the amount of all unpaid tax liens thereon and in addition thereto all interest and penalties which are a lien against such real property computed to and including the date of redemption and the costs, allowances and disbursements of the actiontogether with the expenses of the proceedings to sell, if any, allocated against such parcel.

In the event that such taxes are paid by a person holding a lien of record against such property, the person so paying shall be entitled to have the tax liens affected thereby satisfied of record or to receive an assignment of such tax liens evidenced by a proper written instrument.

Any person having any right, title or interest in or lien upon any parcel of real property described in such list of delinquent taxes and properties may serve a duly verified answer upon the tax foreclosure attorney setting forth in detail the nature and amount of his interest and any defense or objection to the foreclosure. Such answer must be filed in the office of the county clerk and served upon the tax foreclosure attorney within twenty days after the date above mentioned as the last day for redemption. In the event of failure to redeem or answer by any person having the

to redeem answer, such person shall be forever barred and foreclosed of all his right, title, interest and equity of redemption in and to the parcel of real property described in such list of delinquent taxes and properties and a judgment in foreclosure may be taken by default.

Take further notice that the ownership by the county of the tax liens and tax sale certificates set forth on such list of delinquent taxes and properties is conclusive evidence of the fact that the taxes, assessments or other legal charges represented thereby have not been paid to the county, or assigned by it.

Please be further advised that it is also the purpose of this notice to determine if any person having any right, title interest in or lien upon any parcel of real property described in the aforesaid list of delinquent taxes and properties is in the military service of the United States, of the state of New York; and request is made that any knowledge or information relating to such military service and interest, if

be transmitted to the undersigned tax foreclosure attorney for the county of Monroe.

or

or

or

any,

Director of Finance

County Attorney

Tax Foreclosure Attorney
for County of Monroe, Counsel
(Address)."

§ 4. Section 22 of chapter 905 of the laws of 1962, constituting the Monroe county in rem tax foreclosure act, as amended by chapter 310 of the laws of 1984, is amended to read as follows:

§ 22. Reinstatement of right of redemption. When actions to foreclose by proceedings in rem, pursuant to this act, have been commenced and have proceeded to final judgment pursuant to section twenty-one hereof, the right of redemption, otherwise barred by any provision of this act, on

the part of each person, or any tax district described, other than the county of Monroe, having any right, title or interest

lien upon any parcel included in said final judgment, shall be thereupon reinstated and shall continue until noon of the day preceding the day of the commencement of the sale at public auction, pursuant to the final judgment in said foreclosure action, either upon payment of, or, if such person .qualifies, upon entering an agreement pursuant to paragraph (c) of section six hereof, to pay the full amount of all delinquent taxes and liens of tax sale certificates charged against and owing upon said premises, as appears from the list of delinquent taxes and properties filed in the county clerk's office pursuant to section seven of this act, with interest and penalties calculated thereon and all subsequently accrued tax liens

or liens of certificates of sale owing thereon and remaining unpaid with interest and penalties, as provided by law, with

in

or

apportioned costs, allowances and disbursements up to and including the time of said redemption.

§ 5. Section 23 of chapter 905 of the laws of 1962, constituting the Monroe county in rem tax foreclosure act, as amended by chapter 279 of the laws of 1971, is amended to read as follows:

§ 23. Costs, allowances and disbursements. The county in any such action authorized by this act shall be entitled to recover from the prema ises foreclosed the actual and necessary disbursements made in such action, [and] all statutory costs and allowances provided by the civil practice law and rules in the cases of foreclosures of mortgages on real property by action and, in addition thereto, the sum of one hundred dolTars shall be allowed against each parcel for payment of the services rendered by the tax foreclosure attorney in carrying out

terms of this act. $ 6. This act shall take effect immediately.

the

CHAPTER 326

AN ACT to amend the mental hygiene law, in relation to leaves of absence

for volunteer firefighters responding to an emergency Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 7.21 of the mental hygiene law is amended by adding a new subdivision (e) to read as follows:

(e) Every facility director or designee thereof is authorized and empowered to grant leaves of absence to employees of such facility not involved in direct patient care who are volunteer firefighters as defined in subdivision one of section three of the volunteer firefighters' benefit law, responding to an emergency within the community for such periods as the volunteer firefighters are engaged in the actual performance of their duties as volunteer firefighters. § 2. This act shall take effect immediately.

CHAPTER 327

AN ACT to amend the education law and the public health law, in relation to regulating the practice of midwifery and to repeal certain provisions of the public health law relating thereto Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Title 8 of the education law is amended by adding a new ticle 140 to read as follows:

ARTICLE 140

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PROFESSIONAL MIDWIFERY PRACTICE ACT

Section 6950. Introduction.

6951. Definition of practice of midwifery.

6952. Practice of midwifery. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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6953. Use of the title "midwife".
6954. State board of midwifery.
6955. Requirements for a professional license.
6956. Prior nurse-midwifery certification.
6957. Exempt persons.

6958. Limited permit. § 6950. Introduction. This article applies to the profession of midwifery. The general provisions for all professions contained in ticle one hundred thirty of this title apply to this article.

§ 6951. Definition of practice of midwifery. 1. The practice of the profession of midwifery is defined as the management of normal pregnancies, child birth and post partum care as well as primary preventive reproductive health care of essentially, healthy women as specified in the written practice agreement, and shall include newborn evaluation, resuscitation and referral for infants. Midwifery shall be practiced in cordance with a written agreement between the midwife and (i) a licensed physician who is board certified as an obstetrician-gynecologist by a national certifying body or (ii) a licensed physician who practices obstetrics and has obstetric privileges at a general hospital (licensed under article twenty-eight of the public health law) or (iii) a hospital (licensed under article twenty-eight of the public health law) that provides physician obstetrics. The written agreement shall provide for physician consultation, collaboration, referral and

emergency medical obstetrical coverage, and

shall include written guidelines and protocols. The written agreement shall provide guidelines for the identification of pregnancies that are not considered normal and address the procedures' to be followed. The written agreement shall also

provide a mechanism for dispute resolution and shall provide that the judgment of the appropriate physician shall prevail as to whether the pregnancy, childbirth or post partum care is normal and whether the woman is essentially healthy.'

2. A licensed midwife shall have the authority, as necessary, and limited to the practice of midwifery, and subject to limitations in the written agreement, to prescribe and administer drugs, immunizing agents, diagnostic tests and devices, and to order laboratory tests, established by the board in accordance with the commissioner's regulations. A midwife shall obtain a certificate from the department upon successfully completing a program including a pharmacology component, or its equivalent, as established by the commissioner's regulations prior to prescribing under this section.

reference to midwifery, midwife, certified nurse-midwifery or certified nurse-midwife, nurse-midwifery nurse-midwife under the provisions of this article, this chapter or any other law, shall refer to and include the profession of midwifery and a licensed midwife, less the context clearly requires otherwise.

§ 6952. Practice of midwifery. Only a person licensed or exempt under this article or authorized by any other section of law shall practice midwifery.

§ 6953. Use of title "midwife". Only a person licensed or exempt under this article shall use the title "midwife". Only a person licensed under both this article and article one hundred thirty-nine of this chapter may use the title "nurse-midwife".

6954. State board of midwifery. 1. The state board of midwifery shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of thirteen individuals. Initial appointments to the board shall be such that the terms shall be staggered. However, no members shall serve more than two terins.

2. (a) Eight members of the board shall be persons who are broadly representative of midwifery practice and education.

(b) Two members of the board shall be individuals who are licensed physicians who are also certified obstetrician/gynecologists by a national certifying body.

(c) One member of the board shall be an individual licensed as physician who practices family medicine including obstetrics.

(d) One member of the board shall be an individual licensed as a physician who practices pediatrics.

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(e) One member of the board shall be an individual not possessing either licensure or training in medicine, midwifery, pharmacology nursing and shall represent the public at large.

3. For purposes of this article, "board" means the state board of midwifery created under this section unless the context clearly indicates otherwise.

§ 6955. Requirements for a professional license. To qualify for a license as a midwife, an applicant shall fulfill the following requireDents: 1. Application: file an application with the department. 2. Education: satisfactorily; (a) complete educational preparation (degree or diploma granting), for the practice of nursing, followed by or concurrently with educational preparation for the practice of midwifery in accordance with the consissioner's regulations, or

(b) submit evidence of license or certification, the educational preparation for which is determined by the department to be equivalent to the foregoing, from any state or country, satisfactory to the department and in accordance with the commissioner's regulations, or

(c) a complete program determined by the department to be equivalent to the foregoing and in accordance with the commissioner's regulations,

3. Examination: pass an examination satisfactory to the department and in accordance with the commissioner's regulations. 4. Age: be at least twenty-one years of age.

5. Character: be of good moral character determined by the department.

6. Citizenship or immigration status: be a United States citizen or an alien lawfully admitted for permanent residence in the United States.

7. Fee: pay a fee of one hundred ninety dollars to the department for admission to a department conducted examination for an initial license, à fee of one hundred dollars for each re-examination, a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination and a fee of one hundred eighty dollars for each triennial registration period.

§ 6956. Prior nurse-midwifery certification. Any individual who is certified as a nurse-midwife pursuant to section twenty-five hundred sixty of the public health law before or within one year after the effective date of this article, shall be deemed to be licensed as midwife under this article; provided that each such certified nurse-midwife shall, within one year after the effective date of this article, submit evidence of such certification to the department together with the appropriate fee required by subdivision seven of section sixty-nine hundred fifty-five of this article. Any individual certified as a nurseridwife pursuant to section twenty-five hundred sixty of the public health law (i) may practice under that section until it is repealed, but (11) shall not practice pursuant to this article until after receiving approval from the commissioner and submitting the fee required by subdivision seven of section sixty-nine hundred fifty-five of this article.

$6957. Exempt persons. Nothing in this article shall be construed to affect, prevent or in any manner expand or limit any duty of responsibility of a licensed physician from practicing midwifery, or affect or prevent a medical student or midwifery student in clinical practice under the supervision of

licensed physician board certified obstetrician/gynecologist or licensed midwife practicing pursuant to the provisions of section twenty-five hundred sixty of the public health law in pursuance of an educational program registered by the department from engaging in such practice.

5 °6958. Limited permit: 1. A limited permit to practice midwifery may be granted for a period not to exceed twelve months to an individual who has to the satisfaction of the department met all the requirements of section sixty-nine hundred fifty-five of this article, but has not yet passed the examination required by subdivision three of such section. ?: A limited permit shall entitle the holder to practice midwifery only under the direct supervision of licensed physician who is authorized under section sixty-nine hundred fifty-one of this article or & licensed midwife. 3. 2. Paragraph (d) of subdivision 5 of section 225 of the public $ 3. Section 2560 of the public health law is repealed. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

a

a

or

a

health law is repealed.

§ 4. The commissioner of the department of health and the commissioner of the state education department are authorized and directed to conduct a study of incentives for and barriers to the education of midwives, availability of physicians working with midwives, hospital policies and privileges and recruitment and retention of midwives. Such study shall include, but not be limited to, issues of clinical sites for educational programs, costs of educational program initiation and operations, financial incentives for students, the geographic distribution of educational programs, and issues of malpractice liability and insurance costs. Such study shall be transmitted to the governor, the majority leader of the senate, the speaker of the assembly, the minority leader of the senate, the minority leader of the assembly, and the director of the division of the budget, on or before June 1, 1993.

§ 5. The commissioner of education, in consultation with the state board of midwifery created by this act, shall: (a), solicit and review (i) proposed programs for direct, post-secondary educational preparation for midwifery, not requiring completion of educational preparation for the practice of nursing, which may also include a requirement for a clinical practicum; and (ii) proposed examinations, or specifications for examinations, for the practice of midwifery appropriate for persons who have completed such an educational program, if necessary; and (iii) proposals for expansion of programs which require an educational prep; aration (grant degree or diploma) for the practice of nursing, followed by or concurrently with educational preparation for the practice of midwifery; and (b)

before November 1, 1993, publish a report and recommendations on such proposals. Nothing in this section shall be construed to provide for the establishment of a direct, post secondary educational preparation for midwifery, not requiring completion of educational preparation of nursing.

§ 6. This act shall take effect immediately, except that: (a) section one of this act shall take effect April 1, 1993; (b) the state board of midwifery as created by article 140 of the education law, as added by section one of this act, shall be constituted immediately, and any rules and regulations necessary for the timely implementation of this act on its effective date shall be promulgated on or before January 1, 1993; and (c) sections two and three of this act shall take effect Åpril 1, 1996.

on

or

CHAPTER 328

AN ACT to amend the education law and the public health law, in relation

to regulating the practice of midwifery and to repeal certain provisions of the public health law relating thereto

Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

1992,

as

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

Section 1. Subdivision 1 of section 6951 of the education law, as added by a chapter of the laws of

amending the education law relating to the practice of the profession of midwifery, as proposed in legislative bill numbers S. 6321-B-A. 8784-B, is amended to

read follows: 1. The practice of the profession

the profession of midwifery is defined as the management of normal pregnancies, child birth and postpartum well

primary preventive reproductive health care of essentially healthy women as specified in the written practice agreement, and shalí include newborn evaluation, resuscitation and referral for infants. Midwifery shall be practiced in accordance with a written agreement between the midwife and (i) a licensed physician who is board certified as an

care

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