reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 5* - Obesity Prevention Act › 264 - Provision of Information Related to Coursework and Training in Nutrition.

* §  264.  Provision of information related to coursework and training
  in nutrition. 1. The department shall develop, maintain, and  distribute
  to  licensed  physicians  in  the  state  a  resource library related to
  continuing  medical  education  courses   and   training   opportunities
  regarding nutrition, which may include but not be limited to plant-based
  nutrition,  clinically  proven methods for the prevention, reversal, and
  treatment  of  diet-related  illnesses,  and   informational   resources
  regarding racial disparities in outcomes for diet-related diseases.
2.  The  resource  library  shall  be  made  publicly available on the
  department's website, and shall be updated  and  redistributed  no  less
  frequently than every two years via email.
3.  In  compiling  such  resources,  the department shall consult with
  organizations representative  of  professions,  institutions  of  higher
  education,  and  those  with  expertise in nutrition and the prevention,
  reversal, and treatment of diet-related illnesses.
4. The department shall conduct a follow-up survey three  years  after
  the  first  distribution  of  the  resource  library  to  ascertain what
  proportion of physicians in the state voluntarily enrolled in  nutrition
  continuing  medical  education  courses  and trainings to determine best
  practices for delivering information  about  the  availability  of  such
  courses and trainings. The department shall make a report on the results
  of such survey available to the public on the department's website.
* NB Effective and Repealed June 1, 2024
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 5-A - Empire State Stem Cell Board › 265 - Definition.

* §  265.  Definition.  As used or referred to in this title, unless a
  different meaning clearly appears from the  context  "stem  cell"  means
  stem  or  progenitor cells that divide and are capable of generating one
  or more different types of progeny. Stem cells  and  their  progeny  can
  potentially  repair  or  replace  specific tissues or be used to develop
  disease models.
* NB Repealed December 31, 2025
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 5-A - Empire State Stem Cell Board › 265-A - Empire State Stem Cell Board.

* § 265-a. Empire state stem cell board. 1. The empire state stem cell
  board  ("board"),  comprised  of  a  funding  committee  and  an  ethics
  committee, both of which shall be chaired by the commissioner, is hereby
  created within the department  for  the  purpose  of  administering  the
  empire  state stem cell trust fund ("fund"), created pursuant to section
  ninety-nine-p of the state finance law. The board is  hereby  empowered,
  subject  to  annual  appropriations and other funding authorized or made
  available, to make grants to  basic,  applied,  translational  or  other
  research   and  development  activities  that  will  advance  scientific
  discoveries in fields related to stem cell biology;  provided,  however,
  that  the  board  shall not make any grants on or after April first, two
  thousand twenty-one.
2. No grants made available in the  fund  from  any  source  shall  be
  directly   or   indirectly   utilized   for   research  involving  human
  reproductive cloning.
3. Notwithstanding any other provision of law, the  board  shall  have
  the  authority  to adopt by laws to govern its proceedings including but
  not limited to rules respecting quorums and the number of  votes  needed
  to  require  the  award of grants. No grants may be awarded by the board
  prior to the establishment of bylaws that must include merit based  peer
  review  application  guidelines.  Such  bylaws  must  be approved by the
  funding committee.
4. Grants may be made for one or more years, provided,  however,  that
  no  grant  shall  be  made  for which the annual commitment is more than
  fifteen percent of the total funds available in any  year.  However,  no
  single institution shall be awarded more than twenty-five percent of the
  total   amount   appropriated.   This  limitation  shall  be  considered
  separately for each new proposal  without  aggregating  any  prior  year
  approvals  that  may fund research activities. This requirement shall be
  determinative, unless two-thirds of the  funding  committee  approves  a
  higher limit for a particular grantee.
5.  The  existence  of the empire state stem cell board shall continue
  until  there  are  no  longer  any  assets  or   money   available   for
  distribution.
* NB Repealed December 31, 2025
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 5-A - Empire State Stem Cell Board › 265-C - Ethics Committee.

* §  265-c.  Ethics  committee.  1. There shall be an ethics committee
which shall have thirteen members appointed by the governor, except  for
the  commissioner  who  shall serve as an ex officio member. Six members
shall be appointed directly by the governor; two shall be  appointed  on
the  nomination  of  the temporary president of the senate; two shall be
appointed on the nomination of the speaker of the assembly; one shall be
appointed on the nomination of the senate minority leader; and one shall
be appointed on the nomination of the assembly minority leader. A member
of the ethics committee shall also serve on the funding committee.
2. The ethics committee shall  make  recommendations  to  the  funding
committee regarding:
(a) scientific, medical, and ethical standards;
(b) standards for all medical, socioeconomic, and financial aspects of
clinical  trials  and  therapy  delivery to patients, including, but not
limited to standards for safe  and  ethical  procedures  for:  obtaining
materials  and  cells for research; clinical efforts for the appropriate
treatment of human subjects in medical research; and ensuring compliance
with patient privacy laws;
(c) oversight  of  funded  research  to  ensure  compliance  with  the
standards described in paragraphs (a) and (b) of this subdivision; and
(d) relevant ethical and regulatory issues.
3.  With  the exception of the ex officio member, the ethics committee
shall be divided into three classes. Of the  three  classes,  the  first
class  appointed  shall  include three of the governor's appointees, one
appointee nominated by the temporary president of the  senate,  and  one
appointee  nominated by the speaker of the assembly; and shall serve for
a term ending one year from the effective date of this title. The second
class shall include two of  the  governor's  appointees,  one  appointee
nominated  by  the  minority  leader  of  the  senate, and one appointee
nominated by the minority leader of the assembly; and shall serve for  a
term  ending  two years from the effective date of this title. The third
class shall  include  the  final  governor's  appointee,  one  appointee
nominated  by  the  temporary president of the senate, and one appointee
nominated by the speaker of the assembly; and shall  serve  for  a  term
ending  three years from the effective date of this title. Subsequently,
each member appointed shall serve a term of three years and no more than
two terms of three years each. A vacancy in the membership of the  board
shall be filled for the unexpired portion of the term in the same manner
as the original appointment.
* NB Repealed December 31, 2025
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 5-A - Empire State Stem Cell Board › 265-D - Members.

* §  265-d.  Members.  1.  The  members  of  the  funding  and  ethics
  committees shall serve without compensation, but shall  be  entitled  to
  reimbursement   for  actual  and  necessary  expenses  incurred  in  the
  performance of their official duties. Such members, except as  otherwise
  provided by law, may engage in private employment, or in a profession or
  business.
2.  The  provisions  of  section  seventeen of the public officers law
  shall apply to members of the committees.
3. The provisions of article seven of the public  officers  law  shall
  apply to meetings of the funding and ethics committees.
* NB Repealed December 31, 2025
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 5-A - Empire State Stem Cell Board › 265-E - Public and Financial Accountability Standards.

* §  265-e.  Public and financial accountability standards. 1. Report.
The board shall issue an annual report to the public, which  sets  forth
its   activities,   grants   awarded,   grants   in  progress,  research
accomplishments, and future program directions. Each annual report shall
include, but not be limited to the following:
(a) number and dollar amounts of research and facilities grants;
(b) grantees for the prior year;
(c) board's administrative expenses;
(d) summary of research findings,  including  promising  new  research
areas; and
(e) strategic plan of the board.
2.  Conflicts  of  interest. No employee of the board or member of the
funding or ethics committees shall make, participate in  making,  or  in
any  way  attempt  to use his or her position to influence a decision to
approve or award a grant, loan, or contract to:
(a) his or her employer or  relative,  or  any  entity  in  which  the
employee,  member of the board, or member of the advisory counsel or the
relative of any such individual has a financial interest; or
(b) an organization in which  such  employee,  member  of  the  board,
member  of  the advisory counsel, or any relative of any such individual
is an officer, director or partner of such organization.
3. Patent royalties and license revenues. The  board  shall  establish
standards  that  require  that  all  grants  be  subject to intellectual
property agreements that establish the scope, if  any,  of  the  state's
ownership or other financial interest in the commercialization and other
benefits  of  the  results,  products,  inventions  and  discoveries  of
state-funded stem cell research, and shall also include consideration in
such agreement for amounts of funding from sources other than the state.
4. Contributions to the board. Notwithstanding any other provisions of
the  law  to  the  contrary,  the  board  is   authorized   to   receive
contributions   from   any   governmental   entity,   for   profit   and
not-for-profit corporation, association or person.
* NB Repealed December 31, 2025
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 5-A - Empire State Stem Cell Board › 265-F - Severability.

* §  235-f.  Severability. If any clause, sentence, paragraph, section
  or part of this title shall  be  adjudged  by  any  court  of  competent
  jurisdiction  to  be  invalid, such 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  such judgment shall have been
  rendered.
* NB Repealed December 31, 2025
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 6 - Women's Health › 267 - Menstrual Products in Schools.

* §  267.  Menstrual products in schools. All elementary and secondary
  public schools in the state serving students in any grade from grade six
  through grade twelve shall provide menstrual products in  the  restrooms
  of such school building or buildings. Such products shall be provided at
  no charge to students.
* NB Effective until July 1, 2024
* §  267.  Menstrual  products  in  schools.  1.  All  elementary  and
  secondary public schools and non-public schools  in  the  state  serving
  students  in any grade from grade six through grade twelve shall provide
  menstrual  products  in  the  restrooms  of  such  school  building   or
  buildings. Such products shall be provided at no charge to students.
2.   A  non-public  school  may  be  granted  an  exemption  from  the
  requirements of subdivision one of this  section  upon  a  demonstration
  sufficient  to  the  commissioner  of education that the school does not
  serve students who need such products and that  menstrual  products  are
  available  in  a  manner that ensures the privacy of any student seeking
  them within the school building or buildings, including but not  limited
  to  within  any  gender-neutral  restroom. Such exemption may be revoked
  should the circumstances change on which the exemption is granted.
* NB Effective July 1, 2024
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 6 - Women's Health › 267-A - Self-Administered Hormonal Contraceptives.

§  267-a.  Self-administered hormonal contraceptives. The commissioner
  is authorized to establish a non-patient specific order, consistent with
  section sixty-eight hundred one of the  education  law,  for  dispensing
  self-administered   hormonal   contraceptives   as  defined  in  section
  sixty-eight hundred two of such chapter.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 6 - Women's Health › 268*2 - Informational Materials Concerning Menstrual Disorders.

* §  268.  Informational  materials  concerning  menstrual  disorders.
  Subject to appropriation, the  commissioner,  in  conjunction  with  the
  commissioner  of  education,  shall  create  age  specific informational
  materials  to  be  provided  to  school  districts   and   health   care
  practitioners  upon  request  to  distribute  to  students  and patients
  educating  them  about  menstrual  disorders  and  their  symptoms.  The
  materials shall include, but be not limited to:
1. the timing, signs and symptoms of endometriosis and other menstrual
  disorders;
2.  the  importance  of  menstrual  health  and  its  impacts on one's
  physical, emotional, social, and academic life;
3. basic statistics on endometriosis and other menstrual disorders;
4. best practices on how to be one's own healthcare advocate; and
5. basic treatment  options  for  endometriosis  and  other  menstrual
  disorders,  as  well  as  recommendations  for  follow-up  care  from  a
  healthcare provider.
* NB There are 2 § 268's
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 6-A - The 21st Century Workgroup for Disease Elimination and Reduction › 266-A - The 21st Century Workgroup for Disease Elimination and Reduction.

§  266-a.  The  21st  century  workgroup  for  disease elimination and
  reduction. The  21st  century  workgroup  for  disease  elimination  and
  reduction is hereby created within the department. The workgroup shall:
1.   Be  comprised  of  experts  within  the  department's  bureau  of
  immunization, experts on the immunization  advisory  council  and  other
  experts  the commissioner deems appropriate, charged with the mission of
  reviewing existing vaccines, the status of  international  research  and
  development  for vaccines likely to be candidates for the pharmaceutical
  marketplace, and to review the status of health threats which  could  be
  addressed by the development of vaccines;
2.   Study  the  severity,  frequency  of  occurrence,  likelihood  of
  recurrence, existing animal vaccines and potential  human  vaccines  for
  tuberculosis,  eastern  equine  encephalitis  virus, Lyme disease, human
  immunodeficiency virus, and any other disease or virus the  commissioner
  deems appropriate;
3.  Consult  with  national  vaccine  and  immunization  policy making
  organizations, including but not limited to, the advisory  committee  on
  immunization  practices  under  the  centers  for  disease  control  and
  prevention, the national institute of health and the national  institute
  of allergy and infectious diseases;
4.  Apply for grants, accept gifts from private and public sources for
  purposes set forth herein; and
5. Report every three years, commencing January  first,  two  thousand
  eighteen,  to  the  commissioner, the temporary president of the senate,
  the speaker of the assembly, the chair of the senate standing  committee
  on health, and the chair of the assembly health committee.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 7 - Ny State of Health › 268 - Statement of Policy and Purposes.

* §  268.  Statement of policy and purposes. The purpose of this title
  is to codify the establishment of the health  benefit  exchange  in  New
  York,  known as NY State of Health, The Official Health Plan Marketplace
  (Marketplace), in conformance with Executive  Order  42  (Cuomo)  issued
  April  12,  2012.  The Marketplace shall continue to perform eligibility
  determinations for federal and state  insurance  affordability  programs
  including  medical  assistance  in accordance with section three hundred
  sixty-six of the social services law, child health  plus  in  accordance
  with  section  twenty-five  hundred  eleven  of  this chapter, the basic
  health program in accordance with section three hundred sixty-nine-gg of
  the social services law, the 1332 state innovation program in accordance
  with section three hundred sixty-nine-ii of the social service law,  and
  premium   tax   credits   and  cost-sharing  reductions,  together  with
  performing eligibility determinations for  qualified  health  plans  and
  such  other health insurance programs as determined by the commissioner.
  The  Marketplace  shall  also   facilitate   enrollment   in   insurance
  affordability   programs,   qualified  health  plans  and  other  health
  insurance programs as determined by the commissioner, the  purchase  and
  sale  of  qualified health plans and/or other or additional health plans
  certified by the Marketplace pursuant to this title, and shall  continue
  to have the authority to operate a small business health options program
  ("SHOP")  to  assist  eligible  small  employers  in selecting qualified
  health plans and/or other or additional health plans  certified  by  the
  Marketplace  and to determine small employer eligibility for purposes of
  small employer tax credits. It is the  intent  of  the  legislature,  by
  codifying  the  Marketplace  in  state  statute,  to continue to promote
  quality and affordable health coverage and care, reduce  the  number  of
  uninsured  persons, provide a transparent marketplace, educate consumers
  and assist individuals with access to coverage, premium  assistance  tax
  credits  and  cost-sharing  reductions.  In  addition,  the  legislature
  declares the  intent  that  the  Marketplace  continue  to  be  properly
  integrated  with  insurance  affordability programs, including Medicaid,
  child  health  plus  and  the  basic  health  program,  the  1332  state
  innovation   program,  and  such  other  health  insurance  programs  as
  determined by the commissioner.
* NB There are 2 § 268's
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 7 - Ny State of Health › 268-B - Establishment of Ny State of Health, the Official Health Plan Marketplace.

§ 268-b. Establishment of NY State of Health, The Official Health Plan
  Marketplace.  1.  There  is  hereby  established  an  office  within the
  department of health to be  known  as  the  "NY  State  of  Health,  The
  official health plan Marketplace".
2.  The  purpose  of  the  Marketplace  is to facilitate enrollment in
  health coverage and the purchase and sale of qualified health plans  and
  other  health  plans certified by the Marketplace; enroll individuals in
  coverage for which they are eligible  in  accordance  with  federal  and
  state  law;  enable eligible individuals to receive premium tax credits,
  cost-sharing reductions, and to access insurance affordability  programs
  and  other  health insurance programs as determined by the commissioner;
  assist eligible small employers  in  selecting  qualified  health  plans
  and/or  other,  or  additional health plans certified by the Marketplace
  and to qualify  for  small  employer  tax  credits  in  accordance  with
  applicable  law;  and  to  carry  out  other functions set forth in this
  title.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 7 - Ny State of Health › 268-F - Marketplace Advisory Committee.

§  268-f.  Marketplace  advisory committee. 1. There is hereby created
the marketplace advisory committee, which shall consider and advise  the
department  and  commissioner  on  matters  concerning  the provision of
health care coverage through the NY  State  of  Health  or  Health  Plan
Marketplace.
2.  The  marketplace  advisory  committee  shall  be composed of up to
twenty-eight members consisting of twenty-four members appointed by  the
commissioner,  two members appointed by the speaker of the assembly, and
two members appointed by the temporary  president  of  the  senate.  The
advisory  committee  shall  at  all  times  be  representative  of  each
geographic area of the state and include:
(a) representatives from the following categories, but not  more  than
six from any single category:
(i) health plan consumer advocates;
(ii) small business consumer representatives;
(iii) health care provider representatives;
(iv) representatives of the health insurance industry;
(b)  representatives  from the following categories, but not more than
two from either category:
(i) licensed insurance producers; and
(ii) representatives of labor organizations.
3. The commissioner shall select the chair of the  advisory  committee
from  among the members of such committee and shall designate an officer
or employee  of  the  department  to  assist  the  marketplace  advisory
committee  in  the  performance  of  its  duties under this section. The
Marketplace shall  adopt  rules  for  the  governance  of  the  advisory
committee,  which  shall  meet as frequently as its business may require
and at such other times as determined by the chair to be  necessary,  in
consultation with the executive director of the Marketplace.
4.  Members of the advisory committee shall serve without compensation
for their services as members, but each shall be allowed  the  necessary
and  actual  expenses  incurred  in the performance of his or her duties
under this section.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 7 - Ny State of Health › 268-G - Funding of the Marketplace.

§  268-g.  Funding  of  the  Marketplace.  1. The Marketplace shall be
  funded by state and federal sources as  authorized  by  applicable  law,
  including  but  not limited to applicable law authorizing the respective
  insurance affordability programs available through the Marketplace.
2. The accounts of the Marketplace shall be subject to supervision  of
  the  comptroller and such accounts shall include receipts, expenditures,
  contracts and other matters which pertain to the fiscal soundness of the
  Marketplace.
3. Notwithstanding any law to the contrary,  and  in  accordance  with
  section  four  of the state finance law, upon request of the director of
  the budget, in consultation with the  commissioner,  the  superintendent
  and the executive director of the Marketplace, the comptroller is hereby
  authorized  and  directed  to  sub-allocate  or transfer special revenue
  federal  funds  appropriated  to  the  department   for   planning   and
  implementing   various   healthcare  and  insurance  reform  initiatives
  authorized  by  applicable  law.  Marketplace  moneys  sub-allocated  or
  transferred  pursuant to this section shall be paid out of the fund upon
  audit and warrant of the state  comptroller  on  vouchers  certified  or
  approved by the Marketplace.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 7 - Ny State of Health › 268-H - Construction.

§ 268-h. Construction. Nothing in this article, and no action taken by
  the Marketplace pursuant hereto, shall be construed to:
1.  preempt  or  supersede  the authority of the superintendent or the
  commissioner; or
2. exempt insurers, insurance producers or qualified health plans from
  this chapter or  the  insurance  law  and  any  regulations  promulgated
  thereunder.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 8 - Hunger Prevention and Nutrition Assistance Program › 269 - Hunger Prevention and Nutrition Assistance Program.

§  269.  Hunger  prevention  and  nutrition assistance program. 1. The
  commissioner  shall  annually  assess   changing   economic   indicators
  impacting   service   levels  within  the  hunger  prevention  nutrition
  assistance program in all regions of  the  state.  Such  assessment  may
  include,  but  not  be  limited to, the average cost per meal, personnel
  costs, transportation  costs,  fuel  costs  and  storage  capacity.  The
  commissioner shall provide a summary of findings to the governor and the
  legislature  to  inform  funding  levels  for  the hunger prevention and
  nutrition assistance program on or before the first day of December each
  year.
2. On or before the first day of December each year, the  commissioner
  shall review and report to the governor and the legislature on the unmet
  need for cold storage equipment among regional food banks, food pantries
  and other emergency food organizations.
2023 New York Laws › PBH - Public Health › Article 2-A - Prescription Drugs › Title 1 - Preferred Drug and Clinical Drug Review Programs › 275 - Applicability of Prior Authorization to Epic.

§  275. Applicability of prior authorization to EPIC. The panel shall,
  no later than April first, two thousand eight,  proceed  to  make  prior
  authorization  under  the preferred drug program and the clinical review
  drug program, under this  article,  applicable  to  prescriptions  under
  EPIC.  The  panel  shall  take  necessary  actions  consistent with this
  article to apply prior authorization under this article  to  EPIC.  Upon
  determining  that  the  necessary  steps  have been taken to apply prior
  authorization  under  this  article  to  EPIC,  the  panel  shall,  with
  reasonable prior public notice, make prescriptions under EPIC subject to
  prior  authorization  under  this  article  as  of  a specified date. If
  necessary, the panel may provide that such applicability take effect  on
  separate  dates  for  the  preferred  drug program and the clinical drug
  review program.
2023 New York Laws › PBH - Public Health › Article 2-A - Prescription Drugs › Title 1 - Preferred Drug and Clinical Drug Review Programs › 276 - Education and Outreach.

§ 276. Education and outreach. The department or the panel may conduct
  education  and outreach programs for consumers and health care providers
  relating to the safe, therapeutic and cost-effective use of prescription
  drugs and appropriate treatment practices  for  containing  prescription
  drug  costs. The department or the panel shall provide information as to
  how prescribers, pharmacists, patients and other interested parties  can
  obtain  information regarding drugs included on the preferred drug list,
  whether any change has been made to the preferred drug list since it was
  last issued, and  the  process  by  which  prior  authorization  may  be
  obtained.
2023 New York Laws › PBH - Public Health › Article 2-A - Prescription Drugs › Title 1 - Preferred Drug and Clinical Drug Review Programs › 277 - Review and Reports.

§  277.  Review and reports. 1. The commissioner, in consultation with
the drug utilization review board, shall undertake periodic reviews,  at
least  annually,  of  the  preferred  drug  program  which shall include
consideration of:
(a) the volume of prior authorizations being handled,  including  data
on  the  number  and characteristics of prior authorization requests for
particular prescription drugs;
(b) the quality of the program's responsiveness, including the quality
of the administrator's responsiveness;
(c) complaints received from patients and providers;
(d) the savings attributable to the state, and to each county and  the
city of New York, due to the provisions of this article;
(e)  the  aggregate  amount  of  supplemental  rebates received in the
previous fiscal year and in the current fiscal year, to date;  and  such
amounts are to be broken out by fiscal year and by month;
(f)  the  education  and  outreach  program established by section two
hundred seventy-six of this article.
2. The commissioner and the board shall, beginning March thirty-first,
two thousand six  and  annually  thereafter,  submit  a  report  to  the
governor  and  the  legislature  concerning each of the items subject to
periodic review under subdivision one of this section.
3.  The  commissioner  and  the  board  shall,  beginning   with   the
commencement  of  the  preferred  drug  program  and monthly thereafter,
submit a report to the  governor  and  the  legislature  concerning  the
amount of supplemental rebates received.
2023 New York Laws › PBH - Public Health › Article 2-A - Prescription Drugs › Title 2 - Prescription Drugs; Various Provisions › 278-A - Exceptions to Drug Prescription Supply During an Emergency.

§  278-a.  Exceptions to drug prescription supply during an emergency.
  The commissioner shall promulgate a  list  of  prescription  drugs  that
  shall  not  be  subject  to subsection (c) of section three thousand two
  hundred forty-two and subsection (c)  of  section  four  thousand  three
  hundred  twenty-nine  of the insurance law. Such list shall include, but
  not  be  limited  to,  all  schedule  II  and  schedule  III  controlled
  substances.
2023 New York Laws › PBH - Public Health › Article 2-A - Prescription Drugs › Title 2 - Prescription Drugs; Various Provisions › 279 - Prescriber Education.

§ 279.   Prescriber   education.   The  department  shall  develop  in
  collaboration with an academic institution a program designed to provide
  prescribers with an evidence-based, non-commercial source of the  latest
  objective   information  about  pharmaceuticals.  Information  shall  be
  presented to prescribers by  specially-trained  pharmacists,  nurses  or
  other   health   professionals   to  assist  the  prescriber  in  making
  appropriate therapeutic recommendations.
2023 New York Laws › PBH - Public Health › Article 2-B - Drug Take Back › 292 - Collection.

§  292.  Collection.  1.  All  pharmacies  shall  provide for the safe
collection of drugs, which shall include:
(a) Offering drug collection by one or more of the following methods:
(i)  On-site  collection,  dropbox,  or  receptacle  meeting   federal
standards;
(ii)  Mail-back  collection  by  prepaid  envelopes  as  authorized by
federal law and regulation; or
(iii) Other  federal  drug  enforcement  agency  approved  methods  of
collection.
(b)  Signage prominently displayed advertising such drug collection to
consumers.
2. All drug take back program operators shall notify  other  potential
authorized  collectors  of  the  opportunity  to  serve as an authorized
collector for the drug take back program.  Participation  of  authorized
collectors besides pharmacies shall be voluntary.
3.  All  costs  of pharmacies and other authorized collectors shall be
paid or reimbursed by the manufacturer, jointly or individually, as part
of the drug take back programs required by this article.
4. For any city with a population of one hundred twenty-five  thousand
or  more  as  of  the  last  decennial  census,  the  commissioner shall
establish by regulation a distribution plan that  ensures  that  on-site
collection   receptacle   or   dropbox  placement  shall  be  reasonably
accessible  to  all  residents  and  that  provides  for  program   cost
efficiency.
5.  Pharmacies  providing for mail-back collection as part of the drug
take back program shall provide a voucher for a  prepaid  envelope  upon
dispensing  a  covered  drug.  Such voucher shall include information on
drug take back and safe drug disposal methods.
2023 New York Laws › PBH - Public Health › Article 2-B - Drug Take Back › 294 - Jurisdiction.

§  294.  Jurisdiction.  Jurisdiction of all matters pertaining to drug
  disposal by this  article  is  vested  exclusively  in  the  state.  Any
  provision  of  any  local  law  or  ordinance, or any rule or regulation
  promulgated prior to, or upon the effective date of this section,  shall
  be preempted.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 300 - Local Boards of Health; Continuation.

§  300.  Local boards of health; continuation. There shall continue to
  be local boards and departments of health and  health  officers  in  the
  several  counties,  cities,  villages  and  towns of the state except as
  otherwise provided by law.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 301 - Local Boards of Health; Certain Cities; Appointment.

§  301.  Local  boards  of health; certain cities; appointment.  1. In
  cities under fifty thousand population according to the  latest  federal
  or state census or enumeration, the board of health shall consist of the
  mayor of the city who shall be its president, and six other persons, one
  of  whom  shall  be  a competent physician who shall be appointed by the
  common council, upon the nomination of the mayor, and shall hold  office
  for three years.
2.  Appointments  of  members  of  such  boards shall be made for such
  shorter terms as at any time may be necessary, in order that  the  terms
  of two appointed members shall expire annually.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 302 - Local Boards of Health; Villages and Towns; Organization.

§  302.  Local boards of health; villages and towns; organization.  1.
  In villages the board of health shall consist of the board  of  trustees
  of the village.
2. In towns the board of health shall consist of the town board.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 303 - Local Boards of Health; Notice of Organization.

§  303. Local boards of health; notice of organization.  Notice of the
  membership and organization of every local  board  of  health  shall  be
  given forthwith by such board to the department.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 304 - Local Boards of Health; Town Boards; Jurisdiction; Appropriations.

§   304.   Local   boards   of   health;  town  boards;  jurisdiction;
  appropriations.  A town board of health shall not have jurisdiction over
  any city or incorporated village or part of such city or village in such
  town unless otherwise provided by law. Appropriations for a  town  board
  of health in a town in which there are one or more incorporated villages
  shall  be  a  charge  upon the taxable property of that part of the town
  outside of any incorporated village and shall be  assessed,  levied  and
  collected  therefrom  in the same manner as other town charges levied on
  property outside of incorporated villages.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 305 - Local Boards of Health; Compensation and Expenses of Members.

§  305.  Local boards of health; compensation and expenses of members.
  1. The members of town boards and of village boards  of  trustees  shall
  not  receive  additional compensation by reason of serving as members of
  boards of health, except that in  the  case  of  a  consolidated  health
  district,  members  of  the board of health of such district, whether or
  not they are members of a town board or a  village  board  of  trustees,
  shall  be  allowed  a per diem compensation of not more than ten dollars
  for each calendar day in actual attendance at a meeting of the board  of
  health  of  the  district,  to  be  fixed and determined by the board of
  health of the district. Such per diem compensation in the  case  of  any
  member  shall  not exceed the total sum of one hundred and fifty dollars
  in any one year.
2. Members of boards of health of consolidated districts shall also be
  allowed their actual and necessary expenses.
3. The compensation and expenses of members of  boards  of  health  of
  consolidated  health  districts  shall  be  audited and paid in the same
  manner as the other expenses of the consolidated health districts.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 306 - Local Boards of Health; Expenses; Payment.

§  306.  Local  boards  of health; expenses; payment.  1. All expenses
  incurred by any local board of health in the performance of  the  duties
  imposed  upon  it  or  its  members  by  law  shall be a charge upon the
  municipality, and shall be audited, levied, collected and  paid  in  the
  same  manner  as  the  other  charges  of, or upon, the municipality are
  audited, levied, collected and paid.
2. The taxable property of  any  incorporated  village  shall  not  be
  subject to taxation for maintaining any town board of health, or for any
  expenditure authorized by the town board, but the costs and expenditures
  of  the  town  board  shall be assessed and collected exclusively on the
  taxable property of the town situate outside of any such village, unless
  otherwise provided by law.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 307 - Local Boards of Health; Meetings.

§  307.  Local  boards  of health; meetings.   1. Every local board of
  health shall meet at stated intervals to be fixed by it.
2. The presiding officer of every  local  board  of  health  may  call
  special  meetings  thereof  when  in  his judgment the protection of the
  public health of the municipality requires it, and  shall  call  such  a
  meeting  upon the petition of at least twenty-five residents thereof, of
  full age, setting forth the necessity of such meetings.
3. Any matter within the jurisdiction of a town or  village  board  of
  health  may  be  considered  and  acted  upon  at any regular or special
  meeting of such town board or village board of trustees.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 308 - Local Boards of Health; General Powers and Duties.

§  308. Local boards of health; general powers and duties.  Subject to
the provisions of this chapter and of the  sanitary  code,  every  local
board of health shall:
(a)  prescribe  the duties and powers of the local health officer, who
shall be its chief executive officer;
(b) direct the local health officer in the performance of his duties;
(c) fix the compensation of the local  health  officer  in  accordance
with  the  provisions  of  section  three  hundred  twenty-three of this
chapter;
(d) make and publish, from time to time, such orders and  regulations,
not  inconsistent  with  the  provisions of the sanitary code, as it may
deem necessary and proper for the preservation of life  and  health  and
the execution and enforcement of this chapter in the municipality a copy
of  such  orders  and  regulations  to  be  filed with the county health
commissioner, if any, otherwise with the state district health officer;
(e) make, without publication thereof, such orders and regulations for
the suppression of nuisances and concerning all  other  matters  in  its
judgment  detrimental  to  the  public  health  in special or individual
cases, not of general application, and serve  copies  thereof  upon  the
owner  or  occupant  of  any  premises  whereon  such nuisances or other
matters may exist, or upon which may exist the cause of other  nuisances
to other premises, or cause the same to be conspicuously posted thereon;
and,
(f)  maintain  actions  in  any  court  of  competent  jurisdiction to
restrain by injunction violations of  its  orders  and  regulations,  or
otherwise to enforce such orders and regulations.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 309 - Local Boards of Health; Quasi-Judicial Powers; Enforcement.

§  309. Local boards of health; quasi-judicial powers; enforcement. 1.
Every local board of health may:
(a) issue subpoenas which shall be regulated by the civil practice law
and rules;
(b) compel the attendance of witnesses;
(c) administer oaths to witnesses and compel them to testify;
(d) by resolution, designate one of its members to sign and issue such
subpoenas;
(e) issue warrants to  any  peace  officer,  acting  pursuant  to  his
special  duties,  or police officer of the municipality to apprehend and
remove such person or persons as cannot otherwise be  subjected  to  its
orders  or regulations, and to the sheriff of the county to bring to its
aid the power of the county whenever it shall be necessary to do so;
(f) prescribe and impose penalties for the violation of or failure  to
comply  with any of its orders or regulations, or any of the regulations
of the state sanitary code, not exceeding two  thousand  dollars  for  a
single  violation  or failure, to be sued for and recovered by it in any
court of competent jurisdiction; and
(g) appoint one or more hearing officers  as  shall  be  necessary  to
carry  out  its functions and duties, The hearing officer shall have the
same powers possessed by the board to hold  and  conduct  hearings.  The
hearing  officer shall function under the supervision of the local board
and shall make findings of fact and recommendations to the board.
2. No subpoena shall be served outside the jurisdiction of  the  board
of  health issuing it, and no witness shall be interrogated or compelled
to testify upon matters not related to the public health.
3. Every warrant issued by a local board of health shall be  forthwith
executed by the officer to whom directed, who shall have the same powers
and be subject to the same duties in the execution thereof, as if it had
been duly issued out of a court of record of the state.
4.  Nothing  in  this section contained shall be construed to alter or
repeal any existing provision of law declaring such violations or any of
them misdemeanors or felonies or prescribing a penalty therefor.
5. The penalty imposed by this section may be released or  compromised
by the commissioner.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 310 - Local Boards of Health; Modification of Orders by Commissioner.

§ 310. Local boards of health; modification of orders by commissioner.
  The  commissioner  may  annul  or modify an order, regulation, by-law or
  ordinance of a local board of health concerning a matter  which  in  his
  judgment  affects the public health beyond the territory over which such
  local board of health has jurisdiction.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 311 - Local Boards of Health; Towns and Villages; Application of Law.

§ 311. Local boards of health; towns and villages; application of law.
  The  provisions  contained  in  this  article  as to the local boards of
  health, and for the appointment of local health officers shall apply  to
  all  towns  and  villages,  whether  such  villages  are organized under
  general or special laws.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 1 - Local Boards of Health; General Provisions › 312 - City of New York; Exceptions and Limitations.

§ 312. City of New York; exceptions and limitations.  Unless otherwise
  expressly  provided, the provisions of this article except section three
  hundred ten of this chapter shall not apply to the city of New York.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 2 - Local Health Officers › 320 - Local Health Officer; Appointment; Residence.

§ 320. Local health officer; appointment; residence.  1. Except in the
  cities  whose  charters  otherwise  provide,  and  except as hereinafter
  provided for joint appointment by two or more local boards of health  of
  one  health  officer for the municipalities joining in such appointment,
  and except in those local health districts within the area of  a  county
  or part-county health district, each local board of health shall appoint
  a  health  officer of the municipality. A member of the appointing board
  is not eligible to be appointed  as  the  health  officer.  Such  health
  officer  shall  be  a  citizen and qualified as provided in the sanitary
  code.   Such qualifications shall be determined  by  the  public  health
  council, in consultation with the rural health council.  Notwithstanding
  the  provisions  of any general or local law or charter, a person who is
  qualified  as  provided  in  the  sanitary  code  at  the  time  of  his
  appointment shall be eligible for appointment as health officer.
2.  The  health officer need not reside within the village or town for
  which he is appointed.
3. The local boards of health of a town and village,  or  for  two  or
  more  towns  or  villages, jointly, may appoint one health officer to be
  the health  officer  for  the  several  municipalities  joining  in  the
  appointment,  upon  the  authorization of a resolution or ordinance duly
  adopted by each of the respective town boards or boards of  trustees  of
  the villages affected, with the written approval of the commissioner.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 2 - Local Health Officers › 321 - Local Health Officer; Power of Commissioner to Appoint; Expenses.

§  321.  Local  health  officer;  power  of  commissioner  to appoint;
  expenses.  1. If any local board of health fails  to  appoint  a  health
  officer qualified as provided in the sanitary code, the commissioner may
  exercise  the  powers  of  a  health  officer  in  such municipality, or
  designate a health officer qualified as provided in the  sanitary  code,
  to exercise such powers.
2.  The  expenses  lawfully  incurred  by  the  commissioner  in  such
  municipality shall be a charge upon and paid by such municipality  until
  such  time  as  a  local  health  officer  shall  be  appointed therein,
  whereupon the jurisdiction conferred by this section on the commissioner
  or other person designated by him shall cease.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 2 - Local Health Officers › 322 - Local Health Officer; Term of Office; Removal.

§  322. Local health officer; term of office; removal.  1. The term of
office of the health officer of a municipality shall be four  years  and
he shall hold office until his successor is appointed and qualifies.
2. (a) The health officer may be removed from office for just cause by
the  local  board  of health or by the commissioner after a hearing upon
notice. Removal of the health officer by the local board of health shall
be subject to the approval of the commissioner.
(b) Where a health officer has been appointed jointly, by two or  more
local  boards  of health, the power of a local board of health to remove
the health officer shall in such case be exercised jointly by the  local
boards participating in the appointment.