reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 4 - Enforcement and Discipline; Violations and Penalties › 3451 - Suspension and Revocation of Licenses; Complaints and Charges.

§ 3451. Suspension and revocation of licenses; complaints and charges.
1. (a) Any person, public officer, or association, or the department may
for due cause, prefer charges pursuant to the provisions of this chapter
against any licensee.
(b) Such charges shall be in writing and verified under oath and shall
be submitted to the department.
2.  (a) The commissioner or any person or persons appointed by him for
the purpose, may hold a preliminary hearing to determine whether a trial
on the formal charges is necessary.
(b) The commissioner may  dismiss  the  charges  and  take  no  action
thereon, by formal hearing or otherwise, in his discretion, in the event
that  he  or  the  person or persons thus appointed by him do not deem a
formal hearing necessary, in which  event  the  charges  and  the  order
dismissing the charges shall be filed with the department.
3.  (a) If the commissioner or the person or persons thus appointed by
him decide that the charges  shall  be  heard,  the  commissioner  shall
designate  a hearing officer to determine the charges and set a time and
place for a hearing.
(b) A copy of the charges, together with notice of the time and  place
of  the  hearing,  shall  be  served  on  the accused in accordance with
section twelve-a of this chapter.
4. (a) Upon the conclusion of the hearing, the commissioner may revoke
the license of the accused, or suspend such license for a fixed  period,
or  reprimand, or take such other disciplinary action in accordance with
this article, or dismiss the charges.
(b) An order or suspension made by the commissioner may  contain  such
provisions  as to reinstatement of the license as the commissioner shall
direct.
(c) The commissioner, in his discretion, may  direct  a  rehearing  or
take   additional   evidence,  and  may  rescind  or  affirm  the  prior
determination after such rehearing,  but  nothing  in  this  subdivision
shall  preclude  appropriate  relief  under article seventy-eight of the
civil practice act.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 4 - Enforcement and Discipline; Violations and Penalties › 3453 - Restoration of Licenses After Suspension and Revocation.

§  3453.  Restoration of licenses after suspension and revocation.  1.
  The commissioner may, in his discretion, reissue a license to any person
  whose license has been revoked.
2. Application for the reissuance of a license shall not be made prior
  to one year after revocation and shall be made in  such  manner  as  the
  commissioner may direct.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 4 - Enforcement and Discipline; Violations and Penalties › 3454 - Restoration of Licenses After Conviction of a Felony.

§  3454.  Restoration  of  licenses after conviction of a felony. If a
  person convicted of  a  felony  or  crime  deemed  to  be  a  felony  is
  subsequently pardoned by the governor of the state where such conviction
  was  had  or  by  the president of the United States, or shall receive a
  certificate of relief from disabilities or a certificate of good conduct
  pursuant to article twenty-three of the correction  law  to  remove  the
  disability   under   this   section  because  of  such  conviction,  the
  commissioner may, in his discretion, on application of such person,  and
  on  the  submission  to  him  of  satisfactory evidence, restore to such
  person the right to practice in this state.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 4 - Enforcement and Discipline; Violations and Penalties › 3456 - Violations; Penalties.

§  3456. Violations; penalties.  1. Any person who shall engage in the
  business or practice of funeral directing, undertaking or  embalming  in
  violation  of  any  provisions  of  this  article,  shall be liable to a
  maximum civil penalty of one thousand dollars, suspension or  revocation
  of  license,  or other disciplinary action, as specified by law for each
  such violation and may also be found guilty of a misdemeanor.
2. Each day during which or any part  of  which  any  such  prohibited
  business or practice is continued shall be deemed a separate violation.
3. One or more penalties for one or more violations by the same person
  within  any period of time may be sued for and recovered by the attorney
  general in the name of the people of the state.
2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 4 - Enforcement and Discipline; Violations and Penalties › 3457 - Violations; Injunctions.

§  3457.  Violations;  injunctions.    1. (a) The attorney general may
maintain an action upon his own information or upon the complaint of any
person against any person, partnership, corporation or association,  and
any  employee, agent, director or officer thereof, who shall violate any
of the provisions of this article.
(b) In such action the final judgment in favor of the  plaintiff  must
perpetually  restrain the defendant or defendants from the commission or
continuance of the acts complained of.
(c) A temporary injunction to restrain the commission  or  continuance
of  the  acts  complained about may be granted upon proof, by affidavit,
that the defendant has or defendants have violated any of the provisions
of this article. The provisions of statute or rule relating generally to
injunctions as provisional remedies  in  actions  shall  apply  to  such
temporary injunction and the proceedings thereupon.
2.  The  plaintiff  in such action shall be entitled to an examination
before trial of the defendant or  defendants  and  of  witnesses  as  to
testimony that is material and necessary in such action.
3. The action aforesaid shall be in addition to any penal proceedings.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 1 - General Provisions and Public Policy › 3500 - Declaration of Policy and Statement of Purpose.

§ 3500. Declaration of policy and statement of purpose. It is declared
  to  be the policy of the state of New York that the health and safety of
  the people of the state must be protected against the harmful effects of
  excessive  and  improper  exposure  to  ionizing  radiation   and   from
  inadequately   performed   diagnostic   tests   and   radiation  therapy
  treatments. Such  protection  can  best  be  accomplished  by  requiring
  adequate  training  and  experience  of persons under the supervision of
  licensed practitioners as defined in this title. It is  the  purpose  of
  this   article   to  establish  standards  of  education,  training  and
  experience  and  to   require   the   examination   and   licensure   of
  radiographers, radiation therapists and nuclear medicine technologists.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 2 - Licensing and Registration › 3504 - Rules and Regulations.

§  3504.  Rules  and regulations. The commissioner shall have power to
  make such rules and regulations, not inconsistent with law,  as  may  be
  necessary to carry out the provisions of this article, including but not
  limited  to,  the  availability  of  emergency  equipment appropriate to
  provide treatment in the event  of  an  unanticipated  reaction  to  the
  administration of contrast media.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 2 - Licensing and Registration › 3505 - Requirements for a Professional License.

§  3505.  Requirements for a professional license. 1. To qualify for a
license under this article, an applicant  shall  fulfill  the  following
requirements:
(a) Application: file an application with the department;
(b)   Education:   have  received  an  education  in  accordance  with
regulations set forth by the commissioner;
(c)  Examination:  pass  an  examination  in   accordance   with   the
commissioner's regulations;
(d) Age: be at least eighteen years of age;
(e) Character: be of good moral character; and
(f)  Fees:  pay  a  license  fee  of one hundred twenty dollars to the
department.
2. Notwithstanding paragraph (a) of subdivision one of  this  section,
no  person  shall  be admitted to the examination who has failed to pass
the examination  on  three  attempts  unless  that  individual  provides
documented evidence of the completion of a course of study as defined by
the commissioner in rules and regulations.
3.  No  person  shall  be licensed who has been convicted of any crime
consistent  with  the  provisions  of  article  twenty-three-A  of   the
correction law.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 2 - Licensing and Registration › 3506 - Temporary Permits.

§  3506.  Temporary  permits. The department may in its discretion and
  upon written application issue a temporary permit to practice radiologic
  technology in this  state  to  a  person  who  qualifies  under  section
  thirty-five  hundred  five of this title for admission to an examination
  for licensure. A temporary permit shall not be issued to  a  person  who
  has had a license or registration suspended, revoked or annulled, or who
  has  been  otherwise  disciplined  pursuant to the provisions of section
  thirty-five hundred ten of this article. A temporary permit shall expire
  one hundred eighty days from the date of issuance.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 2 - Licensing and Registration › 3507 - Registration.

§  3507.  Registration. 1. A license shall be valid during the life of
the holder unless revoked, annulled or suspended by the commissioner.  A
practicing licensee must register with the department.
2. The commissioner shall promulgate such rules and regulations as are
necessary  to  effectuate  the provisions of this section including, but
not limited to, establishing  staggered  registration  periods  and  the
beginning  dates  thereof;  assigning licensees to specific registration
periods through appropriate classification or grouping; setting deadline
dates for making application for registration; prescribing the form  and
content  of  the  certificate  of  registration;  and establishing other
reasonable requirements, including appropriate proration of registration
fees.
3. A person  licensed  under  this  article  must  register  with  the
department  prior  to commencing practice. The department shall register
each licensee who submits an application on a  form  prescribed  by  the
commissioner and who pays a registration fee of twenty dollars per year.
4. Any licensee authorized to practice under this article, undertaking
practice for the first time or resuming practice after a voluntary lapse
of  registration,  may  commence practice upon mailing to the department
the proper application for registration together with the required  fee,
provided,  however,  that such practice without actual possession of the
certificate of registration is limited to thirty days. Any such licensee
whose application  for  registration  is  submitted  subsequent  to  the
beginning  of  the registration period applicable to such licensee shall
only be required to pay one-half of the fee if the  registration  period
is less than one-half the whole thereof.
5.  Upon  receipt  of  satisfactory  evidence  that  a  certificate of
registration has been lost, mutilated or destroyed, the  department  may
issue  a  duplicate  certificate  upon  such terms and conditions as the
commissioner shall prescribe.
6. The department may waive  registration  fees  for  a  licensee  who
registers after an elapsed period under the following circumstances:
(a) the registration period has expired; and
(b)  the  licensee  provides the department with a notarized statement
attesting to the fact that the licensee has not  practiced  within  this
state during the elapsed registration period.
7.  The  department  may  require  that  licensees  provide  proof  of
completion of continuing education credits  for  registration  of  their
license or intravenous contrast administration certificate in accordance
with the commissioner's regulations.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 2 - Licensing and Registration › 3508 - Registration of Schools.

§  3508.  Registration  of  schools.  No person, institution or agency
  shall offer a course of  study  in  radiologic  technology  unless  such
  course  of study is registered by the department or by the department of
  education and meets such standards of quality, character and  competence
  of  sponsors  and officials, financial resources, public need, and other
  pertinent matters as may be prescribed by the  commissioner  or  by  the
  commissioner  of  education  in  appropriate  rules  and  regulations. A
  registered school of radiologic technology may be operated by a  medical
  or  educational  institution,  and  for  the  purpose  of  providing the
  requisite clinical experience shall  be  affiliated  with  one  or  more
  general  hospitals  approved  by  the department or by the department of
  education.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 3 - Violations; Penalties › 3511 - Proceedings for Suspension or Revocation.

§  3511.  Proceedings  for  suspension  or  revocation. 1. Proceedings
  against any licensee under this section shall be begun  by  filing  with
  the  department  a  written  charge or charges in the form of a petition
  under oath against such licensee. The charges may be  preferred  by  any
  person, corporation, association or public officer, or by the department
  in the first instance.
2.  If  the commissioner decides that the charges should be heard, the
  commissioner shall appoint a hearing officer to hear and report  on  the
  charges  and  shall  set a time and place for the hearing. A copy of the
  charges, together with a notice of the time and place of hearing,  shall
  be served on the accused at least fifteen days before the date fixed for
  the hearing.
3.  The respondent in all such cases brought under this section shall,
  at least five days before the return date of the petition containing the
  charges, file with the department a verified answer,  in  duplicate,  to
  the  allegations  set forth in such petition. The accused shall have the
  opportunity at such hearing to appear either personally or  by  counsel,
  to  cross-examine witnesses and to produce evidence and witnesses in his
  or her defense.
4. Upon the conclusion of the hearing, the hearing officer shall  make
  a  written  report  of findings and conclusions and shall transmit them,
  together with a recommendation, to the commissioner. If the  accused  is
  found  not  guilty  by  the commissioner, the commissioner shall order a
  dismissal of the charges and an exoneration. If  the  accused  is  found
  guilty of the charges, or any of them, the commissioner shall, in his or
  her  discretion,  issue  an  order suspending, revoking or annulling the
  license  registration  or  certificate  of  the  accused,  or  otherwise
  disciplining him or her.
5.  Where  the  license  registration or certificate of any person has
  been revoked or annulled, as provided in this title, the department may,
  after  the  expiration  of  two  years,  entertain  an  application  for
  restoration of such license or registration.
6.  A  licensee  whose  license  registration  or certificate has been
  suspended, revoked or annulled, or who is  otherwise  disciplined  under
  this  article,  may commence a proceeding under article seventy-eight of
  the civil practice law and rules in the supreme  court,  Albany  county,
  for   the   purpose   of  reviewing  such  determination,  but  no  such
  determination shall be stayed or enjoined except  after  notice  to  the
  attorney general of the commencement of the proceeding.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 3 - Violations; Penalties › 3512 - Penalties.

§ 3512. Penalties. 1. It shall be a misdemeanor for a person to:
(a)  sell  or fraudulently obtain or furnish a radiologic technologist
diploma, license, record or certificate of registration  or  intravenous
contrast administration certificate;
(b)  practice radiologic technology under cover of a diploma, license,
registration or certificate illegally or fraudulently obtained or signed
or issued unlawfully, or under fraudulent representation or  mistake  of
fact in material regard;
(c) practice radiologic technology under a false or assumed name;
(d)  practice  or  act  as  entitled to practice radiologic technology
without a valid license or certificate, without a license appropriate to
the purposes for which radiation is applied on human  beings,  or  after
having  been  convicted  of  a felony which has not been reported to the
department; or
(e) otherwise violate any of the provisions of this article.
2. Such misdemeanor shall be punishable by imprisonment for  not  more
than  one year or by a fine not to exceed two thousand dollars for every
such violation, or by both such fine and imprisonment for each  separate
violation.
3. All violations of this article, when reported to the department and
duly  substantiated  by affidavits or other satisfactory evidence, shall
be investigated and if the report is found to be true and the  complaint
substantiated,  the  department  shall  report  such  violation  to  the
attorney general and request prompt prosecution of such violation.
4. In the prosecution of any criminal action  for  violation  of  this
article  by  the  attorney  general  or  his or her deputy, the attorney
general or his or her deputy may exercise all the powers and perform all
the duties with  respect  to  such  actions  or  proceedings  which  the
district  attorney would otherwise be authorized or required to exercise
or perform, and in such action or proceeding the district attorney shall
only exercise such powers and perform such duties as are required of him
or her by the  attorney  general  or  the  deputy  attorney  general  so
attending.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 3 - Violations; Penalties › 3513 - Disposition of Fees, Fines, Penalties and Other Moneys.

§ 3513. Disposition of fees, fines, penalties and other moneys. 1. All
fees,  fines,  penalties  and other moneys derived from the operation of
this article shall be paid to the department and shall be  paid  by  the
department  to the radiological health protection account as established
pursuant to chapter  fifty-four  of  the  laws  of  two  thousand  three
enacting the health and mental hygiene budget.
2. Moneys received pursuant to this article may be refunded within one
year  from  the  receipt thereof on proof satisfactory to the department
that:
(a) such moneys were in excess of the amounts required by law; or
(b) the examination for which application was made and for which a fee
was paid was denied.
3. Such refund shall, upon audit and warrant of  the  comptroller,  be
paid  by  the  department  out  of  any  moneys  in  the  custody of the
department received pursuant to this article.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 3 - Violations; Penalties › 3514 - Injunctive Relief.

§  3514.  Injunctive  relief.  The  attorney  general may apply to the
  supreme court within the judicial district in which a violation of  this
  article   is  alleged  to  have  occurred  for  an  order  enjoining  or
  restraining  commission  or  continuance  of  the  acts  complained  of.
  Thereupon  the court shall have jurisdiction of the proceeding and shall
  have power to grant such temporary relief or  restraining  order  as  it
  deems  just  and proper.  In any such proceeding it shall be unnecessary
  to allege or prove that an adequate remedy at law does not exist or that
  irreparable damage would result if such  order  were  not  granted.  The
  remedy provided by this section shall be in addition to any other remedy
  provided by law.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 4 - Construction › 3516 - Use of X-Rays With Respect to Dental Services.

§  3516.  Use  of  x-rays  with respect to dental services. The use of
  x-rays, performed in the course of dental  services,  shall  be  limited
  solely  to  diagnostic purposes and shall not be used for the purpose of
  verifying  services  performed  for  which  requests  for  payment  were
  submitted to third party payors. Nothing in this section shall limit the
  use of radiographic films or duplicates thereof.
2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 4 - Construction › 3517 - Separability.

§  3517.  Separability. If any clause, sentence, paragraph, section or
  part of this article  shall  be  adjudged  by  any  court  of  competent
  jurisdiction  to  be  invalid, the judgment shall not affect, impair, or
  invalidate the remainder thereof, but shall be confined in its operation
  to the clause, sentence, paragraph, section  or  part  thereof  directly
  involved  in  the  controversy  in  which  the  judgment shall have been
  rendered.
2023 New York Laws › PBH - Public Health › Article 35-A - Ultraviolet Radiation Devices › 3550 - Definitions.

§  3550.  Definitions.  When used in this article, the following words
  and phrases shall have the meanings ascribed to them in this section:
1. "Tanning facility" shall mean any establishment where one  or  more
  ultraviolet radiation device is used, offered, or made available for use
  by  any  human  being,  whether  or  not  a  fee is charged, directly or
  indirectly, but shall not include any facility where any such device  is
  used  by  a  qualified health care professional for treatment of medical
  conditions.
2. "Ultraviolet radiation device" shall mean any  equipment  which  is
  designed to emit electromagnetic radiation in the wavelength interval of
  two  hundred to four hundred nanometers in air, and which is intended to
  induce tanning of the human skin through irradiation, including, but not
  limited to, a sunlamp, tanning booth, or tanning bed.
3. "Ultraviolet nail drying device" shall mean any equipment which  is
  designed to emit electromagnetic radiation in the wavelength interval of
  two  hundred to four hundred nanometers in air, and which is intended to
  induce nail curing or hardening through irradiation.
4. "Person" shall mean an individual, corporation, partnership,  joint
  venture, or any business entity.
2023 New York Laws › PBH - Public Health › Article 35-A - Ultraviolet Radiation Devices › 3551 - License Required.

§  3551.  License required. 1. On and after the effective date of this
  article, no person shall operate a tanning facility unless such facility
  is licensed as provided in this article.
2.  The  department  shall  license  each  applicant  who  submits  an
  application  on  a  form  prescribed  by  the commissioner and meets the
  requirements of this article and any rules  or  regulations  promulgated
  pursuant  to  this  article,  upon  payment of a registration fee of one
  hundred twenty dollars.
3. The commissioner shall promulgate such rules and regulations as are
  necessary to effectuate the provisions of this article,  including,  but
  not limited to, establishing staggered biennial registration periods and
  the  beginning  dates  thereof; assigning licensees to specific biennial
  registration periods through  appropriate  classification  or  grouping;
  setting   deadline   dates  for  making  application  for  registration;
  prescribing the form and content of the license; and establishing  other
  reasonable requirements, including appropriate proration of registration
  fees   in  connection  with  the  initiation  of  a  staggered  biennial
  registration system.
4. No license issued hereunder shall be effective for  more  than  two
  years from the date of issuance.
2023 New York Laws › PBH - Public Health › Article 35-A - Ultraviolet Radiation Devices › 3552 - Suspension or Revocation.

§ 3552. Suspension or revocation. 1. The license of a tanning facility
may be suspended for a fixed period, revoked or annulled, upon a finding
that a licensee:
(a) is guilty of fraud or bribery in securing a license;
(b)  has  made  any  false  statement  as  to a material matter in any
application or any other statement required by this article;
(c) failed to display the license or warning signs as provided in this
article; or
(d) violated any provision of this article or any rule  or  regulation
adopted pursuant to this article.
2.  In  lieu  of  revoking,  suspending  or  annulling  a license, the
department may assess a civil penalty, not exceeding two  hundred  fifty
dollars, for a violation of any provision of this article or any rule or
regulation adopted pursuant to this article.
3. Before revoking, suspending or annulling a license, or imposing any
civil  penalty upon a licensee, the department shall notify the licensee
in writing of the proposed action  and  shall  afford  the  licensee  an
opportunity  to  be  heard  in  person or by counsel. Such notice may be
served by personal  delivery  to  the  licensee  or  by  mailing  it  by
certified  mail to the last known address on file with the department or
by any method authorized by  the  civil  practice  law  and  rules.  The
hearing  on  such  charges  shall  be  at  such  time  and  place as the
department shall prescribe.
4. The department shall have the power to suspend a license pending  a
hearing  and  to  subpoena  and  bring  before  the  officer  or  person
conducting the hearing any person in the state, and administer  an  oath
to  take  testimony  of  any person or cause his or her deposition to be
taken. A subpoena issued under this section  shall  be  subject  to  the
provisions of the civil practice law and rules.
2023 New York Laws › PBH - Public Health › Article 35-A - Ultraviolet Radiation Devices › 3553 - Fees.

§  3553.  Fees.  All  monies  collected  by the department pursuant to
  sections  thirty-five  hundred   fifty-one   and   thirty-five   hundred
  fifty-four  of  this  article  shall  be  deposited into the ultraviolet
  radiation  devices  program   account   within   the   special   revenue
  fund--other,  which is hereby established. Monies in such account may be
  used to offset  costs  to  the  state  of  registering,  inspecting  and
  regulating tanning facilities.
2023 New York Laws › PBH - Public Health › Article 35-A - Ultraviolet Radiation Devices › 3554 - Powers and Duties of the Commissioner.

§  3554.  Powers  and  duties of the commissioner. 1. The commissioner
shall inspect each tanning facility licensed under this article and each
ultraviolet radiation device used, offered, or made available for use in
such facility, not less than biennially. The commissioner may  establish
a  fee  for  such inspection, which shall not exceed two hundred dollars
per ultraviolet radiation device; provided, however,  that  no  facility
shall  be  required to pay any such fee on more than one occasion in any
biennial  registration  period.  The  commissioner   may   appoint   and
designate, from time to time, persons to make the inspections authorized
by this article.
2.  The  commissioner  shall promulgate rules and regulations to carry
out the provisions of this  article,  including,  but  not  limited  to,
regulations:
(a)  requiring each tanning facility to conspicuously post the license
required by this article, and appropriate warning signs as prescribed by
the commissioner;
(b) requiring each tanning facility to provide informational pamphlets
to customers advising of conditions, such as the use of photosensitizing
drugs, under which the use of ultraviolet radiation is contraindicated;
(c) establishing standards for cleanliness, hygiene and safety; and
(d) requiring each tanning facility to provide safety goggles and  any
other  safety-related  devices  to  customers  without additional charge
therefor.
3. The commissioner may by regulation authorize any county  department
of health to administer this section within its jurisdiction.
2023 New York Laws › PBH - Public Health › Article 35-A - Ultraviolet Radiation Devices › 3555 - Restrictions on the Use of Ultraviolet Radiation Devices.

§  3555.  Restrictions on the use of ultraviolet radiation devices. 1.
  No owner, operator, or employee of a tanning facility shall  permit  the
  use  of  the tanning facility by a person eighteen years of age or older
  until such person provides a  driver's  license  or  other  photographic
  identification  card  issued  by  a  government  entity  or  educational
  institution indicating that the individual is at least eighteen years of
  age and the facility has on file a signed written statement, in  a  form
  prescribed  by the commissioner, acknowledging that such person has read
  the warnings required  under  subdivision  two  of  section  thirty-five
  hundred  fifty-four  of  this  article and agrees to wear safety goggles
  before using an ultraviolet radiation device. Such signed  statement  of
  acknowledgment  may  be  retained  by  the tanning facility off premises
  provided that an electronic image or facsimile of  the  original  signed
  statement  of  acknowledgment  is  readily  available  by  the  owner or
  employee responsible for the  operation  of  the  ultraviolet  radiation
  device of such facility.
2.  No owner, operator, or employee of a tanning facility shall permit
  the use of an ultraviolet radiation device by a  person  under  eighteen
  years of age.
3.  This  section  shall  be  exclusive and shall preempt any contrary
  local law or ordinance, except that this section shall  not  preempt  or
  supersede   local   laws  or  ordinances  imposing  additional  stricter
  restrictions on the use and operation of ultraviolet  radiation  devices
  at tanning facilities which are in effect prior to the effective date of
  this section.
2023 New York Laws › PBH - Public Health › Article 35-A - Ultraviolet Radiation Devices › 3556 - Ultraviolet Nail Drying Devices.

§  3556.  Ultraviolet  nail  drying  devices.  1. The department shall
  review  the  existing  medical  and  scientific  literature,   published
  reports,  and articles regarding the potential health hazards associated
  with the use of ultraviolet nail drying devices and identify any  health
  hazards.  As  part  of  such  review,  the department shall consult with
  experts in the fields of skin cancer  research  and  human  exposure  to
  artificial  ultraviolet  radiation. The department shall also review the
  feasibility  and  effectiveness  of  requiring  appearance   enhancement
  businesses  conducting  the  practice  of  nail specialty, as defined in
  subdivision four of section four hundred of the general business law, to
  advise users of ultraviolet nail drying devices to apply a sunscreen  or
  a similar substance designed to block ultraviolet radiation to the hands
  and wrists prior to using such device.
2.  Upon  completion  of  such  review,  based  on the findings of the
  department, the department  of  state  may  promulgate  any  regulations
  deemed  appropriate  for  governing  the  use of ultraviolet nail drying
  devices by any appearance enhancement business, required to be  licensed
  by  the  department  of  state  pursuant  to article twenty-seven of the
  general business law. If promulgated, such regulations shall  include  a
  requirement  that  any  appearance  enhancement  business conducting the
  practice of nail specialty post a notice regarding  any  health  hazards
  associated  with  the use of ultraviolet nail dryers and any steps users
  may take to mitigate such hazards in an area clearly visible to  patrons
  in  the  licensed  premises  or  in  the  place where the practice of an
  occupation licensed pursuant to  article  twenty-seven  of  the  general
  business law is conducted.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3600 - Declaration of Legislative Findings and Intent.

§   3600.   Declaration   of  legislative  findings  and  intent.  The
  legislature hereby finds and declares that the provision of high quality
  home care services to residents of New York state is a priority concern.
  Expanding these services to make them available throughout the state  as
  a  viable  part  of  the  health  care  system  and as an alternative to
  institutional care should be a primary focus of the state's actions.
Home health care has only recently been recognized legislatively as an
  integral part of the health care delivery system and has proven to  have
  an  important  and  valuable  role  in  patient care. The certified home
  health agencies render a coordinated array of services  to  patients  in
  their    homes,   thereby   avoiding   prolonged   institutionalization,
  concomitant  high  costs  and  associated  adverse  social  and  medical
  implications.
The  legislature  intends  that  there  be  a public commitment to the
  appropriate  provision  and  expansion  of  services  rendered  to   the
  residents  of  the  state  by  certified  home  health  agencies, to the
  maintenance of a consistently high level of services by  all  home  care
  services agencies, to the central collection and public accessibility of
  information  concerning  all  organized  home  care services, and to the
  adequate regulation and coordination of existing home care services.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3605-A - Proceedings Involving the License of a Home Care Services Agency.

§  3605-a.  Proceedings  involving the license of a home care services
  agency. 1. A license of a home care  services  agency  may  be  revoked,
  suspended,  limited or annulled by the commissioner on proof that it has
  failed to comply with the  provisions  of  this  article  or  rules  and
  regulations promulgated thereunder.
2.  No  such license shall be revoked, suspended, limited, annulled or
  denied  without  a  hearing.  However,  a  license  may  be  temporarily
  suspended  or  limited  without  a hearing for a period not in excess of
  thirty days upon written notice to the agency following a finding by the
  department that the public health  or  safety  is  in  imminent  danger.
  Notwithstanding  the  provisions  of this section, no licensed home care
  services agency shall be permitted to operate unless it  has  registered
  with  the  department  pursuant  to section thirty-six hundred five-b of
  this article.
3. The commissioner shall fix a time and place for the hearing. A copy
  of the charges, together with the notice of the time and  place  of  the
  hearing,  shall be served in person or mailed by registered or certified
  mail to the agency at least twenty-one days before the  date  fixed  for
  the  hearing.  The  agency  shall file with the department not less than
  eight days prior to the hearing, a written answer to the charges.
4. All orders or determinations hereunder shall be subject  to  review
  as  provided  in  article  seventy-eight  of  the civil practice law and
  rules.  Application for such review must be made within sixty days after
  service in person or by registered or certified mail of a  copy  of  the
  order or determination upon the applicant or agency.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3605-B - Registration of Licensed Home Care Services Agencies.

§ 3605-b. Registration of licensed home care services agencies. 1. (a)
Notwithstanding  any  provision of law to the contrary, no licensed home
care services agency (LHCSA) licensed  pursuant  to  section  thirty-six
hundred  five  of  this  article  shall  be  operated,  provide  nursing
services, home health aide  services,  or  personal  care  services,  or
receive reimbursement from any source for the provision of such services
during  any  period  of  time  on  or  after January first, two thousand
nineteen, unless it has registered with the  commissioner  in  a  manner
prescribed by the department.
(b)  A  LHCSA  that fails to submit a complete and accurate set of all
required registration materials  by  the  deadline  established  by  the
commissioner  shall be required to pay a fee of five hundred dollars for
each month or part thereof that the LHCSA is in default.  A  LHCSA  that
failed to register in the prior year by the deadline of the current year
shall  not be permitted to register for the upcoming registration period
unless it submits any unpaid late fees.
(c) The department shall post on its public  website  a  list  of  all
LHCSAs,  which  shall  indicate  the current registration status of each
LHCSA.
(d) The department shall institute proceedings to revoke  the  license
of any LHCSA that fails to register for two annual registration periods,
whether  or  not such periods are consecutive. The department shall have
the discretion to pursue revocation of the license of a LHCSA on grounds
that it evidences a pattern of late  registration  over  the  course  of
multiple years.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3609 - Grants for Planning an Establishment of New Certified Home Health Agencies.

§  3609.  Grants  for  planning an establishment of new certified home
  health agencies. 1. The commissioner is hereby  authorized,  within  the
  amount  allocated pursuant to subdivisions one, two and three of section
  thirty-six hundred fifteen of this article, to make grants to  voluntary
  not-for-profit  organizations  in  areas  of the state determined by the
  commissioner to be in need of home care services.
2. Such grants shall be awarded  for  the  purposes  of  planning  for
  establishment  as  a  certified  home  health agency pursuant to section
  thirty-six hundred six of this chapter.
3. Such grants shall not exceed twenty thousand dollars per annum  and
  are not renewable.
4.  The  grant applications shall include such information as required
  by the commissioner.
5. Funds for such grants shall  be  made  available  pursuant  to  the
  funding formula and allocations as provided in subdivisions one, two and
  three of section thirty-six hundred fifteen of this article.
6.  The commissioner shall approve applications in accordance with the
  provisions of subdivisions five, six and  seven  of  section  thirty-six
  hundred fifteen of this article.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3611 - Operation of Home Care Services Agency.

§  3611.  Operation  of  home  care  services agency. 1. Any home care
services agency which seeks licensure pursuant to section three thousand
six hundred five of this chapter or a certificate of  approval  pursuant
to  section  three  thousand  six  hundred six of this chapter and which
would be operated by a person, partnership, limited  liability  company,
or  a corporation any of the members of which are not natural persons or
which would be operated by a corporation any of the stock  of  which  is
owned by another corporation shall:
(a)  establish  a  corporation or limited liability company within the
state;
(b) submit to a character and competence review of any stockholder  or
member  holding  ten percent or more of the stock in said corporation or
limited liability company, as well as of any parent  or  health  related
subsidiary corporation;
(c)  grant  authority  to  the  New  York state corporation or limited
liability company to have full legal authority over the operation of the
home health services agency;
(d) disclosure of information relative to stockholders or  members  as
may   be  required  by  the  commissioner  to  determine  character  and
competence; and
(e) designate an agent for service  of  process  pursuant  to  section
three  hundred  five  of  the  business corporation law or section three
hundred two of the limited liability company law, as the case may be.
2. The public health and health planning council shall not act upon an
application for licensure or a certificate of approval  for  any  agency
referred to in subdivision one of this section unless it is satisfied as
to  the  character,  competence  and  standing  in  the community of the
proposed  incorporators,  directors,  sponsors,   controlling   persons,
principal   stockholders  of  the  parent  corporation,  health  related
subsidiary corporation and the New York  state  corporation  established
pursuant  to  paragraph  (a) of subdivision one of this section. For the
purposes of this section the public health and health  planning  council
may  adopt rules and regulations relative to what constitutes parent and
subsidiary corporations.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3614-D - Universal Standards for Coding of Payment for Medical Assistance Claims for Long Term Care.

§  3614-d.  Universal  standards  for  coding  of  payment for medical
  assistance claims for long term care. Claims for payment submitted under
  contracts or agreements  with  insurers  under  the  medical  assistance
  program  for  home  and community-based long-term care services provided
  under this article,  by  fiscal  intermediaries  operating  pursuant  to
  section  three  hundred  sixty-five-f of the social services law, and by
  residential  health  care  facilities  operating  pursuant  to   article
  twenty-eight  of  this  chapter  shall have standard billing codes. Such
  insurers shall include but not be limited to Medicaid managed care plans
  and managed long term care  plans.  Such  payments  shall  be  based  on
  universal  billing  codes  approved  by  the  department or a nationally
  accredited  organization  as  approved  by  the  department;   provided,
  however,  such  coding  shall  be consistent with any codes developed as
  part of the uniform assessment system for long term care established  by
  the  department  and shall include, for any entity operating pursuant to
  section three hundred sixty-five-f of the social  services  law  a  code
  that  is  specific  to  the hourly cost of services at an overtime rate;
  provided, however, that this section shall not be construed  to  require
  the department to develop an overtime rate.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3614-E - Electronic Payment of Claims.

§  3614-e.  Electronic  payment  of  claims.  The  payment  of  claims
  submitted under contracts or agreements with insurers under the  medical
  assistance  program for home and community-based long-term care services
  provided under this article, by fiscal intermediaries operating pursuant
  to section three hundred sixty-five-f of the social services law, and by
  residential  health  care  facilities  operating  pursuant  to   article
  twenty-eight  of  this  chapter  shall  be  paid  via  electronic  funds
  transfer. Such insurers shall include but not  be  limited  to  Medicaid
  managed care plans and managed long-term care plans.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3617 - Respite Projects.

§  3617.  Respite  projects.  Certified  home health agencies shall be
  permitted, with the prior approval of the commissioner  in  consultation
  with  the  director of the state office for the aging, to participate in
  respite projects pursuant to section two hundred eight of the elder law.
  The commissioner, in consultation with the director of the state  office
  for  the  aging, shall promulgate rules and regulations to implement the
  provisions of this section.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3618 - Continuation of Existing Home Health Agencies.

§ 3618. Continuation of existing home health agencies. Any home health
  agency  which,  on  March  thirty-first, nineteen hundred seventy-eight,
  possessed a valid certificate of approval issued under the provisions of
  article twenty-eight of this chapter shall be deemed  a  certified  home
  health  agency  and  such  certificate of approval shall be deemed valid
  under the provisions of this article.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3619 - Exempt Agencies.

§  3619.  Exempt agencies. Only an agency licensed pursuant to section
  thirty-six hundred five or  certified  pursuant  to  section  thirty-six
  hundred  eight of this chapter or exempt from the licensure requirements
  of section thirty-six hundred five of this chapter  because  the  agency
  provides  personal care or home care services exclusively to individuals
  pursuant to a program administered, operated  or  regulated  by  another
  state agency shall hold itself out or call itself a home health services
  agency, a home health agency or a home care services agency.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3621 - Payment of Claims.

§  3621.  Payment  of claims. Notwithstanding any law to the contrary,
  the provisions  of  section  thirty-two  hundred  twenty-four-a  of  the
  insurance  law,  and  regulations  thereunder, shall apply to claims for
  payment submitted by a licensed home  care  services  agency,  certified
  home  health  agency,  long  term  home  health  care program, or fiscal
  intermediary operating under section three hundred sixty-five-f  of  the
  social  services  law, pursuant to a contract with a payor under section
  forty-four hundred three-f of this  chapter  or  section  three  hundred
  sixty-four-j  of  the  social  services  law,  and  such claims shall be
  subject to and settled in compliance with the  standards  set  forth  in
  such section.
2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3622 - Separability.

§ 3622. Separability. If any clause, sentence, paragraph, subdivision,
  section  or  part  of  this  article  shall  be adjudged by any court of
  competent jurisdiction to be invalid, the  judgment  shall  not  affect,
  impair,  or  invalidate  the remainder thereof, but shall be confined in
  its operation to the clause, sentence, paragraph,  subdivision,  section
  or  part  thereof  directly  involved  in  the  controversy in which the
  judgment shall have been rendered.