reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2 - The Public Health Council › 224-B - Public Health and Health Planning Council; Powers and Duties; Health Care Facilities, Home Care Agencies and Hospices.

§ 224-b. Public health and health planning council; powers and duties;
  health  care  facilities,  home  care  agencies and hospices. The public
  health and health planning council shall have such powers and duties  as
  are   set   forth  in  this  chapter,  including  the  consideration  of
  applications for the  establishment  and  construction  of  health  care
  facilities,  home  care  agencies  and  hospices licensed under articles
  twenty-eight, thirty-six or forty of this chapter. In carrying  out  its
  powers and duties, the council shall take into account the impact of its
  actions  and  recommendations  on the quality, accessibility, efficiency
  and cost-effectiveness of health care throughout the state. The  council
  shall  undertake  a  comprehensive  review  of  regulations  and council
  procedures governing the establishment and construction of  such  health
  care facilities, home care agencies and hospices and shall submit to the
  commissioner  any recommendations for the revisions of such regulations.
  Such review shall be conducted every five years, and the  first  set  of
  recommendations  shall  be  submitted  to  the commissioner on or before
  December first, two thousand sixteen.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2 - The Public Health Council › 226 - Sanitary Code; Filing and Publication.

§  226.  Sanitary  code;  filing  and publication. 1. Every regulation
  adopted by the public health and health planning council shall state the
  date on which it takes effect, and a copy thereof, duly  signed  by  the
  secretary  of  the  public  health and health planning council, shall be
  filed as a public record in the department and  in  the  office  of  the
  secretary of state.
2.  A copy of every regulation adopted by the public health and health
  planning council shall be  sent  by  the  commissioner  to  each  health
  officer  within  the state, and shall be published in such manner as the
  public health  and  health  planning  council  may  from  time  to  time
  determine.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2 - The Public Health Council › 227 - Sanitary Code; Certified Copy; Evidence.

§ 227. Sanitary code; certified copy; evidence.  The sanitary code may
  be  read  in  evidence from the official compilation of codes, rules and
  regulations of the state of New York, or supplement thereto. To  entitle
  any  copy  of  the sanitary code, other than the official compilation or
  supplement thereto, to be read in evidence there shall be  contained  in
  the  same  book  or  pamphlet  a printed certificate of the secretary of
  state that such copy is a correct transcript of the text of the sanitary
  code as published in the official compilation or supplement thereto. For
  such a certificate the secretary of state shall collect such a fee as he
  shall deem just and reasonable.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2 - The Public Health Council › 228 - Sanitary Code; Application.

§  228.  Sanitary code; application. 1. The provisions of the sanitary
  code, unless otherwise stated by the public health and  health  planning
  council,  shall  apply  to and be effective in all portions of the state
  and shall supersede all local ordinances heretofore or hereafter enacted
  inconsistent therewith.
2. Each county, city, town  or  village,  in  the  manner  hereinafter
  prescribed,  may  enact  sanitary  regulations not inconsistent with the
  sanitary code established by  the  public  health  and  health  planning
  council.
3.  Local  laws,  ordinances or regulations which comply with at least
  the minimum applicable standards set forth in the sanitary code shall be
  deemed not inconsistent with such code.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2 - The Public Health Council › 229 - Sanitary Code; Violation; Penalties.

§  229.  Sanitary  code; violation; penalties.   The provisions of the
  sanitary  code  shall  have  the  force  and  effect  of  law  and   the
  non-compliance  or  non-conformance  with  any  provision  thereof shall
  constitute a violation punishable on conviction for a first offense by a
  fine not exceeding two hundred fifty dollars or by imprisonment for  not
  exceeding  fifteen days, or both; and for a second or subsequent offense
  by a fine not exceeding five hundred dollars or by imprisonment for  not
  exceeding fifteen days, or both.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-A - Professional Medical Conduct › 230-A - Penalties for Professional Misconduct.

* §  230-a. Penalties for professional misconduct. The penalties which
  may be imposed by the state board for professional medical conduct on  a
  present or former licensee found guilty of professional misconduct under
  the definitions and proceedings prescribed in section two hundred thirty
  of  this  title  and  sections  sixty-five hundred thirty and sixty-five
  hundred thirty-one of the education law are:
1. Censure and reprimand;
2. Suspension of license, (a) wholly, for a fixed period of time;  (b)
  wholly,  except  to  the  limited  extent  required  for the licensee to
  successfully complete a course of  retraining;  (c)  wholly,  until  the
  licensee  successfully  completes  a  course  of  therapy  or  treatment
  prescribed by the  board;  (d)  wholly,  until  the  licensee  completes
  rehabilitation  to  the satisfaction of the board; (e) wholly, until the
  licensee complies with the terms or conditions of  a  board  order;  (f)
  partially,  until  the  licensee  successfully  completes  a  course  of
  retraining in the area to which the suspension applies;  (g)  partially,
  for  a specified period or until the licensee complies with the terms or
  conditions of a board order;
3. Limitation of the license to a specified area or type of practice;
4. Revocation of license;
5. Annulment of license or registration;
6. Limitation on registration or issuance of any further license;
7. A fine not to exceed ten thousand dollars upon  each  specification
  of charges of which the respondent is determined to be guilty;
8.  A  requirement  that  a  licensee  pursue a course of education or
  training; and
9. A requirement that a licensee perform up to five hundred  hours  of
  public  service  in  a manner and at a time and place as directed by the
  board. The board may stay such penalties in whole or in  part  or  place
  the  licensee  on  probation  with  or  without imposition of one of the
  penalties provided pursuant to this section. Any fine  imposed  pursuant
  to  this  section  or  pursuant  to  paragraph (m) of subdivision ten of
  section two hundred thirty of this title may be sued for  and  recovered
  in  the name of the people of the state of New York in an action brought
  by the attorney general. In such action,  the  findings,  determinations
  and  order  of  the  board  shall  be  admissible  evidence and shall be
  conclusive proof of the violation and the penalty assessed.
* NB There are 2 § 230-a's
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-A - Professional Medical Conduct › 230-A*2 - Infection Control Standards.

* § 230-a. Infection control standards. Notwithstanding any law to the
  contrary,   including  section  sixty-five  hundred  thirty-two  of  the
  education law, the department  shall  promulgate  rules  or  regulations
  describing  scientifically  accepted  barrier  precautions and infection
  control practices as  standards  of  professional  medical  conduct  for
  persons  licensed  under articles one hundred thirty-one and one hundred
  thirty-one-B of the education law. The department shall consult with the
  education  department  to   ensure   that   regulatory   standards   for
  scientifically  acceptable  barrier precautions and infection prevention
  techniques promulgated pursuant to this section are consistent,  as  far
  as  appropriate  with such standards adopted by the education department
  applicable to persons  licensed  under  the  education  law  other  than
  articles  one  hundred  thirty-one  and one hundred thirty-one-B of such
  law.
* NB There are 2 § 230-a's
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-A - Professional Medical Conduct › 230-B - Disciplinary Proceedings for Physician's Assistants and Specialist's Assistants.

§  230-b.  Disciplinary  proceedings  for  physician's  assistants and
  specialist's assistants.  Disciplinary proceedings involving physician's
  assistants and specialist's assistants shall be conducted in  accordance
  with the provisions of section two hundred thirty of this title.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-A - Professional Medical Conduct › 230-E - Unauthorized Pelvic Examinations.

§  230-e.  Unauthorized  pelvic examinations. For the purposes of this
  title, professional misconduct  shall  include  pelvic  examinations  or
  supervising  the  performance  of  a  pelvic examination in violation of
  subdivision seven of section twenty-five hundred four of this chapter.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-B - New York State Health Services Corps › 231 - New York State Health Service Corps.

* §  231.  New  York  state  health service corps. 1. The commissioner
shall establish within the department the New York state health  service
corps   (hereinafter  "corps").  The  commissioner  shall  have  central
responsibility for administering  the  provisions  of  this  title  with
respect  to  increasing  the  availability of health services in certain
eligible facilities and institutions.
2. For purposes of this title: (a) "health corps professional" means a
nurse, physician's assistant, dental hygienist, occupational  therapist,
speech-language pathologist, audiologist, physical therapist, midwife or
such  other  health professional, other than a physician or dentist, who
is  determined  by  the   commissioner,   in   consultation   with   the
commissioners of education, correctional services, mental health, mental
retardation  and  developmental  disabilities  and  the president of the
civil service commission, to possess the skills and training appropriate
to the needs of eligible institutions and facilities;
(b)  "eligible  institutions  and  facilities"  shall   include:   (i)
facilities  operated  by the department of correctional services, office
of mental health and office  of  mental  retardation  and  developmental
disabilities; (ii) non-profit agencies possessing operating certificates
issued  by  the  office of mental health or office of mental retardation
and developmental disabilities or under contract with the commission for
the blind and visually handicapped; (iii) not-for-profit diagnostic  and
treatment  centers  licensed  under article twenty-eight of this chapter
which have a critical shortage of health personnel, as determined by the
commissioner  and  which  serve  the  medically  indigent  and  medicaid
eligible  persons;  (iv) AIDS service sites, as defined in this section;
(v) health care facilities operated by the department, provided that  at
any  time  the  total  number of placements in such facilities shall not
exceed ten percent of the total number of placements under this section;
and (vi) in the case of  midwives,  not-for-profit  facilities  licensed
under  article  twenty-eight  of  this chapter which serve the medically
indigent and medicaid eligible women;
(c) "president" means the president  of  the  New  York  state  higher
education services corporation.
(d)  "AIDS  service sites" means health care facilities and non-profit
or public agencies, designated by the commissioner, which  provide  care
or  treatment  to persons infected with the human immunodeficiency virus
(HIV) or who have acquired immunodeficiency syndrome  (AIDS)  and  which
are   currently   experiencing   a   shortage  of  health  personnel  to
specifically serve such person.
* NB Expired July 18, 1996
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-B - New York State Health Services Corps › 232 - Powers and Duties.

* §  232.  Powers  and duties. The commissioner shall, in consultation
  with the  commissioners  of  education,  correctional  services,  mental
  health,  mental  retardation  and  developmental  disabilities  and  the
  president of the civil service commission, have the following powers and
  duties:
1. To recruit and select health corps  professionals  for  service  in
  eligible institutions and facilities;
2.  To  place  health corps professionals in eligible institutions and
  facilities  pursuant  to  agreements  with  the   appropriate   eligible
  institutions and facilities;
3.  To  select  recipients  of scholarships and fellowships authorized
  pursuant to section two hundred thirty-three of this title;
4. To develop criteria for the  selection  of  students  eligible  for
  health corps scholarships or fellowships under the provisions of section
  two  hundred  thirty-three of this title, including, but not limited to,
  the student's academic achievement, previous work  experience  in  their
  chosen  health  profession  and  a demonstrated interest in working with
  institutionalized populations or with persons infected  with  the  human
  immunodeficiency  virus  (HIV)  or  who  have  acquired immunodeficiency
  syndrome (AIDS) or in a health care setting eligible  pursuant  to  this
  title;
5.  To  accept  and  expend  any  grants,  awards  or  other  funds or
  appropriations as may be available to effectuate the  purposes  of  this
  title  subject to the limitations as to the approval of expenditures and
  audit as prescribed for state funds by the state finance law; and
6. To do any and all things necessary  to  carry  out  its  functions,
  powers and duties and to effectuate the purposes of this title.
* NB Expired July 18, 1996
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-C - Charles D. Cook Office of Rural Health › 234 - Legislative Findings and Intent.

§  234. Legislative findings and intent. The legislature hereby finds,
  determines, and declares that:
1. There is a necessity  to  address  different  approaches  to  rural
  health  care  delivery  in  the  state. These approaches need to support
  diverse community and individual needs including unique rural conditions
  such  as  low  population  density,  a  large  proportion  of   elderly,
  geographic isolation, inadequate transportation, absence of economies of
  scale, as well as fluctuating and limited service demands.
2.  It  is  often  difficult for small, rural health care providers to
  obtain timely  information  on  rural  programs.    Also,  it  is  often
  burdensome  for these providers to locate the resources to apply for aid
  from  programs  which  exist  to  support  rural  health  care  services
  delivery.
3. Both private and public sectors have begun to recognize the urgency
  for  programs that address the unique nature of rural health care access
  and service delivery. New rural health care programs  have  been  estab-
  lished,   however,   these   programs   are   administered   by  several
  organizations and municipalities.  Coordination is essential to maximize
  their potential impact on the rural community.
4. Rural health care providers would greatly benefit if there  were  a
  single   office   within  the  department  which  would  coordinate  the
  administration and flow of  information  on  rural  health  programs  by
  promoting  innovative  and  improved  approaches  to  rural  health care
  delivery.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-C - Charles D. Cook Office of Rural Health › 235 - Definitions.

§ 235. Definitions. For the purposes of this article:
1. "Rural  area"  shall mean a county with a population of two hundred
  thousand persons or less, or a town with a  population  density  of  one
  hundred fifty persons or less per square mile.
2. "Rural  health  care  provider"  or "rural provider" shall mean any
  agency, corporation, facility, or individual  providing  medical  and/or
  health care services to residents of a rural area.
3.  "Office" shall mean the Charles D. Cook office of rural health, as
  created pursuant to section two hundred thirty-six of this article.
4.  "Rural  health  council"  shall  mean  the  rural  health  council
  established pursuant to section two hundred thirty-six-b of this title.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-C - Charles D. Cook Office of Rural Health › 236 - Charles D. Cook Office of Rural Health Created.

§  236.    Charles  D.  Cook  office of rural health created. There is
  hereby created the Charles D. Cook office of  rural  health  within  the
  state department of health. Such office shall:
1.  Integrate and coordinate selected state health care grant and loan
  programs established specifically for rural health  care  providers  and
  residents.  As  part  of  this  function,  the  office  shall  develop a
  coordinated  application   process   for   use   by   rural   providers,
  municipalities  and  others in seeking funds and/or technical assistance
  on pertinent rural health care programs and services. The  office  shall
  also  work  to  promote  the  usage  of the Rural Assistance Information
  Network (RAIN)  to  assist  rural  providers  and  others  in  obtaining
  information on funding and/or technical assistance for rural health care
  programs and services.
2.  Apply for grants, and accept gifts from private and public sources
  for research to improve and  enhance  rural  health  care  services  and
  facilities.  The  office  shall  also  promote  rural health research in
  universities and colleges.
3. Together with the  rural  health  council,  serve  as  liaison  and
  advocate for the department on rural health matters. This function shall
  include  the  provision of staff support to the rural health council and
  the establishment of appropriate program linkages with related  federal,
  state,  and  local  agencies  and  programs  such as the office of rural
  affairs, the agricultural extension service and migrant health services.
4. Assist medical schools and state agencies to develop  comprehensive
  programs  to  improve  rural  health personnel supply by promoting rural
  clinical training and curriculum improvement,  and  disseminating  rural
  health career information to high school and college students.
5. Promote community strategic planning or new or improved health care
  delivery systems and networks in rural areas. Strategic network planning
  and  development  may  include such considerations as personnel, capital
  facilities, reimbursement, primary care, long  term  care,  acute  care,
  rehabilitative,   preventive,   and   related  services  on  the  health
  continuum.
6. Review  the  impact  of  programs,  regulations,  and  health  care
  reimbursement policies on rural services delivery and access.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-C - Charles D. Cook Office of Rural Health › 236-A - Study of Health Professional Employment Incentives.

§  236-a.  Study  of health professional employment incentives. 1. The
  legislature hereby finds and declares that:
a. Some parts of rural New York are suffering from physician and nurse
  practitioner shortages forcing residents to forego proper care or travel
  long distances to receive  health  care.  Rural  areas  have  particular
  characteristics    such    as   low   population   density,   inadequate
  transportation, increasing elderly population, and a lack  of  economies
  of  scale.  These  issues  make  recruiting and retaining physicians and
  nurse practitioners in rural areas more challenging than in suburban and
  urban settings.
b. Therefore it is incumbent upon the state to provide incentives  and
  assistance  to physicians and nurse practitioners willing to practice in
  these shortage areas.
2. The Charles D. Cook office of rural health,  in  consultation  with
  the rural health council, is hereby authorized and directed to conduct a
  study  to  analyze  incentive  options to encourage physicians and nurse
  practitioners to practice in rural, underserved areas. The report  shall
  contain,  but  not be limited to, evaluations of the following incentive
  options: high needs service bonuses, signing bonuses, tax credits, small
  business  assistance  for  beginning  practices,  programs  designed  to
  recruit  high  school  students,  and  rural medical education tracks in
  medical schools. The report shall contain an analysis of  current  state
  level  loan  repayment programs and their effectiveness and may consider
  any similar local programs. The report shall also provide information on
  federal programs and their impact on New York state rural physician  and
  nurse  practitioner recruitment. The study shall make recommendations as
  to which incentives are the most effective in recruitment and  retention
  of such health professionals.
3.  The  director  of  the  Charles  D. Cook office of rural health is
  hereby directed to prepare and present to the legislature, on or  before
  March  first  of  the  year  next  succeeding the effective date of this
  section,  a  report  containing  a   summary   of   its   findings   and
  recommendations.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-C - Charles D. Cook Office of Rural Health › 237 - Preparation and Distribution of Reports.

§  237.  Preparation and distribution of reports. The department shall
  submit a biennial report to the governor and the legislature  describing
  the activities of the office and health status of rural areas. The first
  such  report shall be transmitted on or before September first, nineteen
  hundred  ninety-three.  Such  report   shall   contain   the   following
  information:
1.  Activities  of  the  Charles  D.  Cook  office  of  rural  health,
  expenditures incurred in carrying out such activities,  and  anticipated
  activities to be undertaken in the future;
2. Progress in carrying out the functions and duties listed in section
  two hundred thirty-six of this article.
3.  An  analysis of the health status of rural citizens and the status
  of rural health delivery systems. Such analysis shall  be  conducted  in
  cooperation with the rural health council and other interested agencies.
4.  Any  recommended  improvements to programs and/or regulations that
  would enhance  the  cost  effectiveness  of  the  office,  and  programs
  intended to meet the health care needs of rural residents.
5.  Notwithstanding  any  other provision of law to the contrary, such
  biennial report may also  incorporate  the  reporting  requirements  for
  cooperative   programs   and   networks  for  health  care  delivery  in
  underserved rural areas  as  required  by  section  twenty-nine  hundred
  fifty-three of the public health law.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-D - Health Care Practitioner Referrals › 238-B - Provider Requests for Payment.

§  238-b.  Provider  requests for payment. Each request for payment or
  bill submitted by  a  health  care  provider  for  clinical  laboratory,
  pharmacy services, radiation therapy services, physical therapy services
  or  x-ray or imaging services for which the provider knows or has reason
  to believe that there has been a referral by  a  referring  practitioner
  who is an interested investor in the health care provider shall identify
  the referring practitioner by name and by professional license number or
  any  appropriate program provider number. The provisions of this section
  shall not apply to requests for payment or bills the  content  of  which
  are  regulated  solely  by  federal  law  or  regulation and to services
  excluded pursuant to paragraph (a), (b), (c), (d) or (e) of  subdivision
  two  of  section  two  hundred  thirty-eight-a  of  this  title from the
  prohibitions of subdivision one of section two hundred thirty-eight-a of
  this title.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-D - Health Care Practitioner Referrals › 238-C - Provider Reporting Requirements.

§  238-c.  Provider  reporting requirements. Each health care provider
  providing clinical  laboratory,  pharmacy  services,  radiation  therapy
  services,  physical  therapy services or x-ray or imaging services shall
  report to the  commissioner  in  writing  every  two  years  information
  concerning  the  provider's ownership arrangements, including the health
  or health related items or services provided by  the  provider  and  the
  names  and  professional  license  numbers  or  any  appropriate program
  provider numbers  of  practitioners  with  an  ownership  or  investment
  interest  in  the  provider,  or  whose immediate relatives have such an
  ownership or investment. The information required to be reported to  the
  commissioner pursuant to this section to the extent practicable shall be
  consistent  with  the  information  required pursuant to federal law and
  regulations to be reported to the secretary of health and human services
  for health care providers providing items or services  to  beneficiaries
  of  title  XVIII  of  the  federal  social  security act (medicare). The
  commissioner shall consult with the commissioner of social  services  to
  avoid  duplication  of  reporting requirements for health care providers
  that participate in the medical assistance  program  pursuant  to  title
  eleven of article five of the social services law.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-D - Health Care Practitioner Referrals › 238-D - Practitioner Disclosure Requirements.

§  238-d.  Practitioner  disclosure  requirements.  1. With respect to
referrals not prohibited pursuant to this title, and except as  provided
in  subdivision  three  of  this  section, a practitioner may not make a
referral to a health care provider for the furnishing of any  health  or
health  related  items  or services where such practitioner or immediate
family member of such practitioner has any of  the  following  financial
relationships   without   disclosing   to  the  patient  such  financial
relationship:
(a) an ownership or investment interest,  as  defined  in  subdivision
three  of  section  two  hundred thirty-eight-a of this title, with such
health care provider; or
(b) a compensation arrangement, as  defined  in  subdivision  five  of
section  two hundred thirty-eight-a of this title, with such health care
provider which is in excess of fair market value or which  provides  for
compensation  that  varies directly or indirectly based on the volume or
value of any referrals of business between the parties.
2.  The  disclosure  shall  provide  notice  of  any  such   financial
relationship  and  shall  also inform the patient of his or her right to
utilize a specifically identified alternative health  care  provider  if
any such alternative is reasonably available, and shall be provided in a
brief  and  reasonable form and manner specified in regulations proposed
by  the  commissioner  in  consultation  with  consumer  and   physician
organizations  and  adopted  by  the  public  health council, subject to
approval by the commissioner.
3. Disclosure pursuant to this section shall not  be  required  for  a
referral  for  the  furnishing  of any health or health related items or
services under circumstances for which a referral of clinical laboratory
services,  pharmacy  services,  radiation  therapy  services,   physical
therapy  services  or  x-ray or imaging services would not be prohibited
pursuant to section two hundred thirty-eight-a of this  title,  provided
that  any  disclosure  required by section two hundred thirty-eight-a of
this title remains applicable.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-D - Health Care Practitioner Referrals › 238-E - Study of Referrals by Practitioners.

§ 238-e. Study of referrals by practitioners.  1. The commissioner may
  conduct  a  study  of  the ownership of or financial interests in health
  care providers by referring practitioners. Such study shall investigate:
  (a) the types of such  ownership  arrangements  and  types  of  services
  offered  under such arrangements; (b) the effect of such arrangements on
  the utilization of health or health related items and services; and  (c)
  the  effect  of  such  arrangements  on independent providers of similar
  services.
2. For the purposes of the  study  authorized  by  this  section,  the
  commissioner  is  authorized  to request and any health care provider or
  practitioner shall provide, such  information  regarding  those  matters
  which  the  commissioner  is authorized to study pursuant to subdivision
  one  of  this  section  in  such  form  as  may  be  prescribed  by  the
  commissioner.
3. Patient and practitioner identifying information collected pursuant
  to this section shall be confidential and not subject to disclosure.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-E - Hiv/hbv/hcv Prevention Training › 239-A - Infection Control Guidelines.

§  239-a. Infection control guidelines. The commissioner shall develop
  evidence-based guidelines that identify key infection control  practices
  in inpatient and outpatient medical care settings. Such guidelines shall
  specifically cover safe injection practices. On or before January first,
  two  thousand  nine,  and  every  year  thereafter,  the department will
  distribute these guidelines to  physicians,  specialist  assistants  and
  physician  assistants.  Such  guidelines  shall  also  be  made publicly
  available.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-E - Hiv/hbv/hcv Prevention Training › 239-B - Study on Multidose Vials and Disposable Medical Equipment.

§  239-b.  Study  on multidose vials and disposable medical equipment.
  The  department  shall  conduct  a  study  on  medications  packaged  in
  multidose  vials  and  disposable  medical  equipment, including but not
  limited to syringes, needles, stopcocks and  tubing.  Such  study  shall
  examine:
1.  existing  utilization  patterns  of multidose vials and disposable
  medical equipment;
2. the potential to improve infection control practices by restricting
  the use of multidose vials and mandating the use of  disposable  medical
  equipment engineered for single use; and
3.  the  viability  of  restricting  the  use  of  multidose vials and
  mandating the use of disposable medical equipment engineered for  single
  use.  On  or  before  January first, two thousand nine, the commissioner
  shall provide the governor, the speaker of the assembly,  the  temporary
  president of the senate, and the chairpersons of the assembly and senate
  health  committees  with  a  report setting forth the conclusions of the
  study and the commissioner's recommendations regarding  multidose  vials
  and disposable medical equipment.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-F - Office of Health Equity › 240*2 - Definitions.

* § 240. Definitions. For the purposes of this article:
1.  "Underserved  populations"  shall  mean those who have experienced
  injustices and disadvantages as  a  result  of  their  race,  ethnicity,
  sexual  orientation,  gender  identity,  gender  expression,  disability
  status, age, immigration  status,  and/or  socioeconomic  status,  among
  others as determined by the commissioner of health.
2.  "Racially  and ethnically diverse area" shall mean a county with a
  non-white population of forty percent or more, or the service area of an
  agency, corporation, facility or  individual  providing  medical  and/or
  health services whose non-white population is forty percent or more.
3.  "Provider"  shall  mean  any  agency,  corporation,  facility,  or
  individual providing medical and/or health care services to  underserved
  populations.
4.  "Office"  shall  mean  the  office  of  health  equity, as created
  pursuant to section two hundred forty-one of this title.
5. "Health equity council"  shall  mean  that  advisory  body  to  the
  commissioner,  created pursuant to the provisions of section two hundred
  forty-three of this title.
6. "Health disparities" shall mean measurable  differences  in  health
  status,  access  to  care,  and  quality  of care as determined by race,
  ethnicity, sexual orientation, gender  identity,  a  preferred  language
  other   than   English,  gender  expression,  disability  status,  aging
  population, immigration status, and socioeconomic status.
7. "Health equity" shall mean achieving the highest  level  of  health
  for  all  people  and  shall entail focused efforts to address avoidable
  inequalities by equalizing those conditions for health  for  those  that
  have  experienced  injustices, socioeconomic disadvantages, and systemic
  disadvantages.
8.  "Social  determinants  of  health"   shall   mean   life-enhancing
  resources,  such  as  availability  of healthful foods, quality housing,
  economic opportunity, social relationships,  transportation,  education,
  and  health  care,  whose  distribution  across  populations effectively
  determines the length and quality of life.
* NB There are 2 § 240's
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2-F - Office of Health Equity › 242*2 - Preparation and Distribution of Reports.

* § 242. Preparation and distribution of reports. The department shall
  submit  a biennial report to the governor and the legislature describing
  the activities of the office and health status of  minority  areas.  The
  first  such  report  shall  be transmitted on or before September first,
  nineteen hundred ninety-four. Such report shall  contain  the  following
  information:
1. Activities of the office of health equity, expenditures incurred in
  carrying   out   such  activities,  and  anticipated  activities  to  be
  undertaken in the future.
2. Progress in carrying out the functions and duties listed in section
  two hundred forty-one of this title.
3. An analysis  of  the  health  status  of  underserved  populations,
  including  those  populations  within  racially  and  ethnically diverse
  areas,  and  the  status  of  health  delivery  systems  serving   those
  communities.  Such  analysis  shall be conducted in cooperation with the
  health equity council and other interested agencies.
4. Any recommended improvements to programs  and/or  regulations  that
  would  enhance  the  cost  effectiveness  of  the  office,  and programs
  intended to meet  the  health  and  health  care  needs  of  underserved
  populations.
* NB There are 2 § 242's
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 3 - State Health Areas › 240 - State Health Areas; Establishment; Regional and District; Appointment of Officers.

* §  240.  State  health  areas; establishment; regional and district;
  appointment of officers. 1. The commissioner shall  from  time  to  time
  divide  the  state,  except  cities  of  the  first  class, into as many
  regional and district health areas as he may determine to  be  necessary
  for the efficient operation of the department.
2.  The  commissioner  shall  appoint  for each regional health area a
  regional health director who shall be a physician.
3. The commissioner shall appoint for  each  district  health  area  a
  state  district  health  officer  who  shall  be a physician licensed or
  eligible for license to practice medicine and surgery in this state.
* NB There are 2 § 240's
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 3 - State Health Areas › 241 - Regional Health Directors; Powers and Duties.

* §  241.  Regional health directors; powers and duties. Each regional
  health director, subject to the  provisions  of  this  chapter  and  the
  sanitary  code,  shall  act as the representative of the commissioner in
  all matters affecting public health within his region and shall  perform
  such  duties  and  exercise such powers as may be assigned to him by the
  commissioner.
* NB There are 2 § 241's
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 3 - State Health Areas › 242 - District Health Officers; Powers and Duties.

* §  242.  District  health officers; powers and duties. 1. Each state
  district health officer, under the direction  of  the  commissioner  and
  subject  to  the provisions of this chapter and the sanitary code, shall
  act under the immediate supervision of the regional health  director  of
  the  regional  health  area  in  which  his  district is located, as the
  representative of the  commissioner  in  all  matters  affecting  public
  health  within  his district, and shall perform such duties and exercise
  such powers as may be assigned to him.
2. Each state district health officer shall act as the  representative
  of   the   commissioner,  and  under  his  direction,  in  securing  the
  enforcement within his district of the provisions of the  public  health
  law and the sanitary code.
* NB There are 2 § 242's
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 3 - State Health Areas › 243 - State Health Areas; Professional and Other Employees.

* §  243.  State  health  areas;  professional  and  other  employees.
  Whenever he may deem it expedient so to do, the commissioner may  employ
  such  professional or other assistants or employees as he shall consider
  necessary within the limits of his appropriation, and  may  assign  them
  from  time  to  time  to  regional and district health areas and in such
  manner as in his judgment will best aid in the control  of  communicable
  diseases and in the promotion of public health.
* NB There are 2 § 243's
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 4 - Spinal Cord Injury Research Board › 250 - Spinal Cord Injury Research Board.

§  250.  Spinal  cord  injury  research board. 1. A spinal cord injury
  research board is hereby created within the department for  the  purpose
  of  administering spinal cord injury research projects and administering
  the spinal cord injury research trust fund created pursuant  to  section
  ninety-nine-f of the state finance law. The purpose of research projects
  administered  by the board shall be neurological research towards a cure
  for such injuries and their effects. The  members  of  the  spinal  cord
  injury   research   board   shall   include   but   not  be  limited  to
  representatives  of  the  following  fields:  neuroscience,   neurology,
  neuro-surgery,   neuro-pharmacology,   and  spinal  cord  rehabilitative
  medicine. The board shall be composed of thirteen members, seven of whom
  shall be appointed by the governor, two of whom shall  be  appointed  by
  the temporary president of the senate, two of whom shall be appointed by
  the  speaker  of  the  assembly,  one  of whom shall be appointed by the
  minority leader of the senate, and one of whom shall be appointed by the
  minority leader of the assembly.
2. Board members shall be reimbursed  for  ordinary  travel  expenses,
  including  meals  and  lodging,  incurred  in  the performance of duties
  pursuant to section two hundred fifty-one of this title.
3. The terms of board members shall be four years  commencing  January
  first, nineteen hundred ninety-nine.
4.  At  the  end  of  a term, a member shall continue to serve until a
  successor is appointed. A member who is appointed after a term has begun
  shall serve the rest of the term and until a successor is  appointed.  A
  member  who  serves  two  consecutive  full four year terms shall not be
  eligible for reappointment for four  years  after  completion  of  those
  terms.
5.  A  majority  of  the full authorized membership of the board shall
  constitute a quorum.
6. One member of the board shall be chosen by the governor to serve as
  chairperson.
7. Meetings of the board shall be held at least twice a year  but  may
  be  held  more  frequently  as  deemed necessary, subject to call by the
  chairman or by request  of  a  majority  of  the  board  members.  Board
  meetings  shall  concern, among other things, policy matters relating to
  spinal cord injury research projects  and  programs,  research  progress
  reports,  and  other  matters  necessary to carry out the intent of this
  title.
8. Members of the board  shall  be  indemnified  pursuant  to  section
  seventeen of the public officers law.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 4 - Spinal Cord Injury Research Board › 251 - Powers and Duties.

§  251.  Powers  and  duties.  The  spinal  cord injury research board
  created pursuant to section two hundred fifty of this title shall:
1. Formulate policies  and  procedures  necessary  to  carry  out  the
  provisions of this title;
2.  Solicit,  receive, and review applications from public and private
  agencies and  organizations  and  qualified  research  institutions  for
  grants from the spinal cord injury research trust fund, created pursuant
  to  section  ninety-nine-f of the state finance law, to conduct research
  programs which focus on the treatment and cure of  spinal  cord  injury.
  The  board  shall  make  recommendations  to  the  commissioner, and the
  commissioner  shall,  in  his  or  her  discretion,  grant  approval  of
  applications  for  grants  from  those  applications  recommended by the
  board.
3. Ensure that  state  funds,  appropriated  for  spinal  cord  injury
  research are not diverted to any other use; and
4.  Provide  the  governor  and  the  legislature  an annual report by
  January thirty-first of each year succeeding  the  year  in  which  this
  title  shall  take effect setting forth the status of funds appropriated
  for spinal cord injury research and the progress of the board  in  terms
  of the results of its spinal cord injury research efforts.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 5* - Obesity Prevention Act › 261 - Legislative Intent.

§  261.  Legislative intent. The legislature hereby finds, determines,
  and declares that obesity is a serious medical problem affecting  up  to
  one-third  of all Americans. In addition, a nineteen ninety-seven Kaiser
  Permanente study concluded that there is a significant potential  for  a
  reduction  in  health  care  expenditures through obesity prevention. In
  addition:
1. Obesity is known  to  cause  or  exacerbate  a  number  of  serious
  disorders  including hypertension, dyslipidemia, cardiovascular disease,
  diabetes, respiratory dysfunction, gout, and osteoarthritis;
2. Nearly eighty percent of patients with diabetes mellitus are obese;
3. Nearly seventy percent of diagnosed cases of cardiovascular disease
  are related to obesity; and
4. Obesity ranks second only to smoking  as  a  preventable  cause  of
  death,  with some three hundred thousand deaths annually attributable to
  obesity.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 5* - Obesity Prevention Act › 262 - Definitions.

§  262.  Definitions.  As  used  in  this  title,  unless  the context
  otherwise requires:
"Obesity" means the condition in which a person's body mass  index  is
  at  least  thirty  kilograms per meter squared, or where a person's body
  mass index is at least twenty-seven kilograms per meter squared and  the
  person suffers from one or more of the following conditions or diseases:
1. Type II diabetes;
2. Impaired glucose tolerance;
3. Hyperinsulinemia;
4. Dyslipidemia;
5. Hypertension;
6. Cardiovascular disease;
7. Cerebrovascular disease;
8. Osteoarthritis of the hips or knees;
9. Sleep apnea;
10. Gastric reflux disease; or
11. Gall bladder disease.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 5* - Obesity Prevention Act › 263 - Department Authorized to Study Obesity-Report.

§  263.  Department  authorized  to  study  obesity  -  report. 1. The
  department is authorized to sample and collect data on individual  cases
  where  obesity  is  being  actively  treated and to analyze such data in
  order to evaluate the impact of treating obesity. Such  data  collection
  and analysis shall include the following:
a.  The  effectiveness  of existing methods for treating or preventing
  obesity;
b. The effectiveness of alternate methods for treating  or  preventing
  obesity;
c. The fiscal impact of treating or preventing obesity;
d.  The compliance and cooperation of patients with various methods of
  treating or preventing obesity; or
e. The reduction in serious medical problems associated with  diabetes
  that results from treating or preventing obesity.
2.  The  department  is  authorized to fund the research authorized in
  subdivision one of this section from gifts, grants, and  donations  from
  individuals,  private  organizations,  foundations,  or any governmental
  unit; except that no gift, grant, or donation may  be  accepted  by  the
  department  if  it  is  subject to conditions that are inconsistent with
  this title or any other laws of this state. The  department  shall  have
  the power to direct the disposition of any such gift, grant, or donation
  for the purposes of this title.
3.  After  completion of the research authorized in subdivision one of
  this section, the  department  shall  submit  a  report  and  supporting
  materials  to  the  governor  and  the  legislature by June first of the
  following year.