reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Reports and Records › Section 80.108 - Practitioner patient reporting

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the duty of every attending practitioner and
						every consulting practitioner to report promptly to the commissioner the name
						and address and such other data as may be required by the commissioner with
						respect to any person under treatment if he finds that such person is an addict
						or a habitual user of any narcotic drug. Such report shall be kept confidential
						and may be utilized only for statistical, epidemiological, or research
						purposes, except that those reports which originate in the course of a criminal
						proceeding other than section 210  of the Mental Hygiene Law shall be subject
						only to the confidentiality requirements of section 3371  of the Public Health
						Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Reports and Records › Section 80.109 - Confidential communications

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of duties arising out of article 33 of
						the Public Health Law and provisions of this Part, no communication made to a
						practitioner shall be deemed confidential within the meaning of the Civil
						Practice Law and Rules relating to confidential communications between such
						practitioner and patient.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Reports and Records › Section 80.110 - Notification by licensee

Current through Register Vol. 46, No. 28, July 10, 2024
Persons licensed or certified pursuant to article 33 of
						the Public Health Law and persons authorized to possess controlled substances
						in connection with his authorized activities shall promptly notify the
						department of:
(a) each incident or
					 alleged incident of theft, loss or possible diversion of controlled substances
					 manufactured, ordered, distributed or possessed by such person; a form of this
					 purpose furnished by the department shall be filed with the Bureau of Narcotic
					 Enforcement, New York State Department of Health;
(b) any charge or proceeding brought in any
					 court or before any governmental agency, State or Federal, in which it is
					 alleged that the licensee, its employees, subsidiaries, managing officers, or
					 directors has failed to comply with the provisions of the Federal Controlled
					 Substances Act or the laws of any State relating to controlled
					 substances.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Reports and Records › Section 80.111 - Inventory; required substances

Current through Register Vol. 46, No. 28, July 10, 2024
Controlled substances listed in section 3306  of the Public Health Law are
						designated as inventory required substances and a biennial inventory shall be
						prepared and maintained in accordance with the provisions of section
						80.112 
						of this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Reports and Records › Section 80.112 - Inventory; procedure for filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All manufacturers, distributors,
					 importers, and exporters licensed to deal in controlled substances; all
					 institutional dispensers and persons conducting research, instructional
					 activities, maintenance treatment programs and analytical laboratories
					 certified for controlled substance privileges; and all physicians, dentists,
					 podiatrists, veterinarians and other practitioners, and all pharmacies
					 possessing, having under their control, selling, prescribing, administering,
					 dispensing or compounding any controlled substances in New York State shall as
					 of May 1, 1975 and every two years thereafter, prepare and maintain an
					 inventory of all controlled substances specified by the State Commissioner of
					 Health by regulation as substances requiring inventory. A separate entry shall
					 be made with respect to each kind of substance or preparation, and each kind or
					 size of package. Each entry shall show the name, quantity and content of
					 controlled substance and the size of the individual package, the number of
					 packages and the total content of all packages covered by the entry on hand as
					 of the date of the inventory. Maintaining for inspection a biennial inventory
					 of controlled substances prepared and maintained in compliance with Federal
					 statute and regulations shall be deemed compliance with this section.
(b) A copy of the inventory shall be retained
					 on file with other controlled substances records, and shall be kept available
					 for inspection for at least five years.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Offenses, Violations and Enforcement › Section 80.120 - Powers of commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner, and any representative authorized by
						him, shall have the power to administer oaths, compel the attendance of
						witnesses and the production of books, papers and records and to take proof and
						testimony concerning all matters within the jurisdiction of the
						department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Offenses, Violations and Enforcement › Section 80.121 - Rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Rules, regulations and determinations, when made and
						promulgated by the commissioner, shall be the rules and regulations and
						determinations of the department, and, until modified or rescinded, shall have
						the force and effect of law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Offenses, Violations and Enforcement › Section 80.122 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the duty of the department to enforce all of
						the provisions of article 33 of the Public Health Law and all of the rules,
						regulations and determinations made thereunder.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Offenses, Violations and Enforcement › Section 80.123 - Access to records

Current through Register Vol. 46, No. 28, July 10, 2024
The department and its representatives shall have access
						at all times to all orders, prescriptions or records required to be kept under
						article 33 of the Public Health Law and this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Offenses, Violations and Enforcement › Section 80.125 - Fraud and deceit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person
					 shall:
(1) obtain or attempt to obtain a
					 controlled substance prescription or a controlled substance, or procure or
					 attempt to procure the administration of a controlled substance:
(i) by fraud, deceit, misrepresentation or
					 subterfuge;
(ii) by the use of a
					 forged or altered prescription or written order;
(iii) by the concealment of a material fact;
					 or
(iv) by the use of a false name
					 or the giving of a false address;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Toxic Vapors, Hypodermic Syringes and Needles › Section 80.130 - Toxic solvents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 glue, cement or other adhesives containing one or more of the following
					 chemical compounds are designated as glue substances containing a solvent
					 having the property of releasing toxic vapors or fumes: acetone, cellulose
					 acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, ethylene
					 trichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone,
					 pentachlorophenol, petroleum ether, and toluene, or such other similar material
					 as the commissioner shall by regulation prescribe.
(b) No person shall sell or offer to sell, to
					 any person, any tube or container of glue containing a solvent having the
					 property of releasing toxic vapors or fumes:
(1) if he has knowledge that the product sold
					 or offered for sale will be used in violation of article 33 of the Public
					 Health Law;
(2) unless there has
					 been added to such glue a sufficient quantity of an additive approved by the
					 commissioner which shall act as a deterrent to inhalation and not be harmful or
					 toxic to the human body. This provision shall not apply to glue manufactured
					 and sold for industrial use.
(i) Industrial
					 use shall mean glue packaged in a container of more than four ounces by
					 volume.
(ii) Approval as an
					 additive, which shall act as a deterrent to inhalation of allyl isothiocynate
					 (oil of mustard) when added at a level of not less than 0.25 nor more than 0.35
					 per centum by weight of total product is withdrawn for any glue manufactured
					 180 days after the effective date of this Part; a request for approval of any
					 other such additive shall be made to the Bureau of Narcotic Enforcement of the
					 department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Toxic Vapors, Hypodermic Syringes and Needles › Section 80.131 - Prescription, sale and possession of hypodermic syringes and hypodermic needles

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
					 purposes of this section, prescription shall have the same meaning as provided
					 in section 3302  of the Public Health Law, as
					 supplemented by the meaning provided in section 3381  of the Public Health Law. It shall be
					 unlawful for any person to sell or furnish, to any other person or persons, or
					 to possess, a hypodermic syringe, hypodermic needle, or a hypodermic syringe or
					 hypodermic needle pre-filled with a non-controlled substance, except:
(1) pursuant to a prescription; or
(2) such sale, furnishing or possession has
					 been authorized by the commissioner; or
(3) pursuant to section
					 80.137 
					 of this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Toxic Vapors, Hypodermic Syringes and Needles › Section 80.132 - Hypodermic syringes and needles; designation of persons or classes of persons

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 following persons or classes of persons may obtain hypodermic syringes and
					 hypodermic needles without prescription for use within the scope of their
					 professions or activities:
(1)
					 physicians;
(2) dentists;
(3) veterinarians;
(4) undertakers;
(5) nurses;
(6) podiatrists;
(7) registered pharmacists;
(8) hospitals;
(9) sanitariums;
(10) clinical laboratories;
(11) medical institutions;
(12) manufacturers or dealers in medical,
					 pharmaceutical, surgical or dental supplies or their agents;
(13) resident physicians or interns of
					 hospitals, sanitariums or other medical institutions;
(14) a duly authorized agent of an
					 incorporated society for the prevention of cruelty to animals or a municipal
					 animal control facility for the limited purpose of purchasing, possessing and
					 dispensing:
(i) sodium pentobarbital to
					 registered or certified personnel to euthanize animals; and
(ii) ketamine hydrochloride to registered and
					 certified personnel to anesthetize animals prior to euthanasia;
(15) persons engaged in an
					 agricultural activity, provided that the manufacturer, distributor or supplier
					 of the hypodermic syringe or hypodermic needle or of any product pre-packaged
					 in a hypodermic syringe has an established needle and syringe return program in
					 compliance with any applicable law;
(i) for
					 purposes of this section, agricultural activity shall mean the production of
					 food for human consumption and fiber through crops, livestock and livestock
					 products;
(16) an
					 advanced life support agency;
(17)
					 persons certified by the New York State Department of Environmental
					 Conservation as wildlife rehabilitators. Wildlife rehabilitators are
					 responsible for the proper safeguarding and handling of hypodermic syringes and
					 needles and must comply with section
					 80.133(h)-(j) 
					 of this Part. All needles and syringes shall be stored in compliance with
					 section
					 80.133(g) 
					 of this Part;
(18) licensed
					 respiratory therapists and licensed respiratory therapy technicians;
(19) certified home health agencies, licensed
					 home care services agencies and long term home health care programs approved
					 under article 36 of the Public Health Law; and
(20) certified hospices licensed under
					 article 40 of the Public Health Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Toxic Vapors, Hypodermic Syringes and Needles › Section 80.133 - Hypodermic syringes and needles; certificate of need

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following are authorized to possess
					 hypodermic syringes and hypodermic needles, provided they file with the
					 commissioner a certificate of need and obtain a written authorization from the
					 commissioner to possess and use such hypodermic syringes and needles:
(1) educational institutions, which also must
					 comply with section 811  of the Education Law and file a separate
					 certificate of need with the Commissioner of Education; and
(2) persons engaged in commercial, industrial
					 or agricultural activities.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Toxic Vapors, Hypodermic Syringes and Needles › Section 80.134 - Authorization for the purchase, possession and dispensing of ketamine hydrochloride only to anesthetize animals for euthanasia, and of sodium pentobarbital to euthanize animals

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except where different meanings are specified expressly, the terms in this
					 section shall have the following meanings:
(1) An incorporated society for the
					 prevention of cruelty to animals (society) shall include any incorporated
					 humane society or society for the prevention of cruelty to animals having
					 facilities for the care and eventual disposition of animals, within the
					 State.
(2) Municipal animal control
					 facility (facility) shall include any pound or shelter maintained by or under
					 contract or agreement with any county, city, town or village within the
					 State.
(3) Solution shall mean:
(i) a premixed solution of sodium
					 pentobarbital, manufactured only and specifically for the euthanasia of
					 animals, which contains such other ingredients as to place such solution within
					 schedule III of the Controlled Substances Act (article 33, Public Health
					 Law);
(ii) schedule II sodium
					 pentobarbital; and
(iii) ketamine
					 hydrochloride only for the purpose of anesthetizing animals for
					 euthanasia.
(4) An agent
					 is a person or persons other than a licensed veterinarian appointed by the
					 incorporated society or municipal animal control facility, and duly registered
					 with the department, authorized to purchase, possess and dispense:
(i) ketamine hydrochloride only to
					 anesthetize animals for euthanasia; and
(ii) sodium pentobarbital to euthanize
					 animals.
(5) A
					 registered individual is a person certified and registered pursuant to
					 subdivision (f) of this section.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Toxic Vapors, Hypodermic Syringes and Needles › Section 80.135 - Authorization to conduct hypodermic syringe and needle exchange programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees or
					 trained volunteers of community-based not-for-profit organizations and
					 government entities engaged in clean hypodermic syringe and needle exchange
					 programs designed to reduce the transmission of human immunodeficiency virus
					 may obtain, possess and furnish hypodermic syringes and hypodermic needles,
					 without prescription, when authorized by the commissioner in connection with
					 the distribution or collection of hypodermic syringes and hypodermic needles
					 for the purpose of preventing the transmission of human immunodeficiency virus
					 in users of injectable drugs. This authorization will be granted only in
					 accordance with a plan submitted by the not-for-profit corporation or
					 government entity and approved by the commissioner, using the standards
					 contained in this section. This authorization will be based upon the plan
					 meeting the requirements of the regulation.
(b) The department will review the plan
					 submitted by the not-for-profit corporation or government entity using the
					 following standards:
(1) the plan
					 demonstrates the need for a hypodermic syringe and needle exchange program in
					 the targeted community(ies) and in targeted populations within those
					 communities;
(2) the plan
					 demonstrates organizational capability and commitment necessary to conduct a
					 hypodermic syringe and needle exchange program, to interact effectively with
					 the community(ies) and with targeted populations within those communities where
					 a hypodermic syringe and needle exchange program is planned, and to enlist
					 support for and to further integration of hypodermic and needle exchange
					 services within the community(ies);
(3) the plan demonstrates an adequacy of the
					 design and protocol for the conduct of a hypodermic syringe and needle exchange
					 program; and
(4) the plan
					 demonstrates organizational capability to provide comprehensive harm reduction
					 services, including HIV prevention education and other appropriate
					 interventions such as counseling for program participants and direct provision
					 of or referral to other health and human services, including drug
					 treatment.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Toxic Vapors, Hypodermic Syringes and Needles › Section 80.136 - Controlled substances for emergency medical services: purchasing, possessing, delivering, administering, and safeguarding of controlled substances

Current through Register Vol. 46, No. 28, July 10, 2024
Purchasing, possessing, delivering, administering, and
						safeguarding of controlled substances.
(a) Definitions.
(1) Ambulance service means an individual,
					 partnership, association, corporation, municipality or any other legal entity
					 or subdivision, thereof, engaged in providing emergency medical care and the
					 transportation of sick, or injured persons by motor vehicle, aircraft or other
					 form of transportation to or from facilities providing hospital
					 services.
(2) Medical director
					 means a New York State licensed physician who is responsible for authorizing
					 treatment protocols and quality assurance activities for participating advanced
					 life support agencies within an advanced life support system. The medical
					 director of any advanced life support system with 10 or more advanced life
					 support agencies and/or 100 or more advanced emergency medical technicians
					 (AEMTS) shall designate associate physicians to provide quality assurance
					 according to a plan submitted to and approved by the Emergency Medical Services
					 Program.
(3) Agent means a person
					 or persons certified as an emergency medical technician-critical care or
					 emergency medical technician-paramedic who is appointed by an advanced life
					 support agency, approved in writing by the medical director, and registered
					 with the Department's Bureau of Narcotic Enforcement, to purchase, possess, and
					 deliver controlled substances for use by an advanced life support
					 agency.
(4) Advanced life support
					 first response service means an organization which provides advanced life
					 support care but does not transport patients.
(5) Advanced life support agency (ALS agency)
					 means a certified ambulance service or certified advanced life support first
					 response service which is authorized by the medical director of an advanced
					 life support system to provide advanced life support care.
(6) Contracting hospital means a hospital
					 licensed as an Institutional Dispenser class 3 which has a written agreement
					 with one or more ALS Agencies to provide stocks of controlled substances to
					 such services.
(7) Advanced life
					 support system means an acute medical care system organized to provide advanced
					 life support care on site or en route to a hospital in accordance with section 3031  of the Public Health Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Toxic Vapors, Hypodermic Syringes and Needles › Section 80.137 - Expanded syringe access program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) Authorized provider for the purposes of this
					 section shall mean any of the following:
(i) a
					 pharmacy licensed under article 137 of the Education Law;
(ii) a health care facility licensed under article
					 28 of the Public Health Law; or
(iii) a
					 health care practitioner who is otherwise authorized to prescribe the use of
					 hypodermic needles or syringes within his or her scope of practice.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 81 - Residential Health Care Facilities; Patient Abuse › Section 81.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this section, the following words shall
					 have the following meanings:
(a) The
				  term abuse shall mean inappropriate physical contact with a patient or resident
				  of a residential health care facility, while such patient or resident is under
				  the supervision of the facility, which harms or is likely to harm the patient
				  or resident. Inappropriate physical contact includes, but is not limited to,
				  striking, pinching, kicking, shoving, bumping and sexual molestation.
(b) The term mistreatment shall mean
				  inappropriate use of medications, inappropriate isolation or inappropriate use
				  of physical or chemical restraints on or of a patient or resident of a
				  residential health care facility, while such patient or resident is under the
				  supervision of the facility.
(c)
				  The term neglect shall mean failure to provide timely, consistent, safe,
				  adequate and appropriate services, treatment, and/or care to a patient or
				  resident of a residential health care facility while such patient or resident
				  is under the supervision of the facility, including but not limited to:
				  nutrition, medication, therapies, sanitary clothing and surroundings, and
				  activities of daily living.
(d) The
				  term reasonable cause shall mean that upon a review of the circumstances, there
				  is sufficient evidence for a prudent person to believe that physical abuse,
				  mistreatment, or neglect has occurred. Circumstances to be reviewed shall
				  include, but not be limited to any of the following: a statement that physical
				  abuse, mistreatment or neglect has occurred, the presence of a physical
				  condition at variance with the history or course of treatment of the patient or
				  resident, and the visual or aural observation of an act or condition of
				  physical abuse, mistreatment or neglect.
(e) The term expunge shall mean:
(1) in the case of a reported incident or
				  circumstance which is not supported by sufficient credible evidence, the
				  obliteration of any information, contained in any document, which identifies
				  any individual or facility; or
(2)
				  in the case where there is not sufficient credible evidence to support an
				  accusation against an individual, the obliteration of any information,
				  contained in any document, which identifies such individual.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 81 - Residential Health Care Facilities; Patient Abuse › Section 81.2 - Persons required to report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  persons listed in subdivision (1) of section 2803-d  of the Public Health Law are
				  required to report, and all other persons may report, physical abuse,
				  mistreatment or neglect in accordance with this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 81 - Residential Health Care Facilities; Patient Abuse › Section 81.3 - Abuse by patients

Current through Register Vol. 46, No. 28, July 10, 2024
Reports of abuse of one patient or resident by another may
					 be reported to the New York State Department of Health, Office of Health
					 Systems Management, but such reports are not a requirement of this Part. Only
					 the provisions of sections
					 81.8 and
					 81.9,
					 subdivisions (a), (b) and (c) of section
					 81.1,
					 subdivision (a) of section
					 81.5,
					 and subdivision (b) of section
					 81.7  of this
					 Part shall apply to reports of abuse of one patient or resident by
					 another.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 81 - Residential Health Care Facilities; Patient Abuse › Section 81.4 - Contents of reports; procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reports of physical abuse, mistreatment
				  or neglect made pursuant to this Part shall be made immediately by telephone
				  and followed within 48 hours in writing to the New York State Department of
				  Health, Office of Health Systems Management.
(b) The New York State Department of Health,
				  Office of Health Systems Management shall maintain at all times a toll-free
				  telephone line for the receipt of such reports.
(c) Written reports shall be made on forms
				  supplied by the commissioner and shall include the following information: the
				  identity of the person making the report and where he or she can be located;
				  the name and address of the residential health care facility; the names of the
				  operator and administrator of the facility, if known; the name of the subject
				  of the alleged physical abuse, mistreatment or neglect, if known; the name of
				  the person accused of committing the alleged physical abuse, mistreatment or
				  neglect, if known; the nature and extent of the physical abuse, mistreatment or
				  neglect; the date, time, and specific location of the occurrence; the names of
				  next of kin or sponsors of the subject of the alleged physical abuse,
				  mistreatment or neglect, if known; and any other information which the person
				  making the report believes would be helpful to further the investigation.
				  Written reports made other than on forms supplied by the commissioner which
				  contain the information required herein shall be treated as if made on such
				  forms. Such written reports shall be admissible in evidence, consistent with
				  the provisions of this Part, in any actions or proceedings relating to physical
				  abuse, mistreatment or neglect of persons receiving care or services in
				  residential health care facilities.
(d) In any case where more than one person
				  (as enumerated in section 2803-d  of the Public Health Law) is
				  required to report by law, a single telephone report followed by a single
				  written report (as specified in subdivision [c] of this section) containing the
				  names and signatures of those persons required to report will serve as proof
				  that those persons required to report have complied.
(e) Each facility shall make available in a
				  conspicuous public place such forms (as specified in subdivision [c] of this
				  section) to patients, staff and visitors.
(f) Each facility shall be required to post
				  conspicuously a poster, provided by the New York State Department of Health,
				  Office of Health Systems Management, containing information regarding the
				  filing of reports of physical abuse, mistreatment or neglect.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 81 - Residential Health Care Facilities; Patient Abuse › Section 81.5 - Investigation and determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Upon receipt of a report made pursuant to this section, the New York State
				  Department of Health, Office of Health Systems Management, shall initiate
				  within 48 hours an onsite investigation of the allegations contained in the
				  report.
(b) Notification of the
				  receipt of a report shall be made immediately by the New York State Department
				  of Health, Office of Health Systems Management, to the appropriate district
				  attorney, if a prior standing request in writing has been made to the
				  department by the district attorney.
(c) Prior to the completion of the
				  investigation by the New York State Department of Health, Office of Health
				  Systems Management, every reasonable effort shall be made to notify, personally
				  or by certified mail, any person under investigation for having committed an
				  act of physical abuse, mistreatment or neglect.
(d) The commissioner shall make a written
				  determination, based on the findings of the investigation, of whether or not
				  sufficient credible evidence exists to sustain the allegations contained in the
				  report or supports a conclusion that a person not named in such report has
				  committed an act of physical abuse, neglect or mistreatment.
(1) A copy of such written determination,
				  together with a notice of the right to a hearing as provided in this
				  subdivision, shall be sent by registered or certified mail to each person who
				  the commissioner has determined has committed an act of physical abuse, neglect
				  or mistreatment.
(2) A letter shall
				  be sent to any other person alleged in such report to have committed such an
				  act stating that a determination has been made that there is not sufficient
				  evidence to sustain the allegations relating to such person.
(3) A copy of each such determination and
				  letter shall be sent to the facility in which the alleged incident
				  occurred.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 81 - Residential Health Care Facilities; Patient Abuse › Section 81.6 - Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any time within
				  30 days of the receipt of a copy of a determination made pursuant to this Part,
				  a person named in such determination as having committed an act of physical
				  abuse, neglect or mistreatment, or as having failed to report such an incident,
				  may request in writing that the commissioner amend or expunge the record of
				  such report, to the extent such report applies to such person, or such written
				  determination.
(b) If the
				  commissioner does not comply with such request within 30 days, such person
				  shall have the right to a fair hearing to determine whether the record of the
				  report or the written determination should be amended or expunged on the
				  grounds that the record is inaccurate or the determination is not supported by
				  the evidence.
(c) The burden of
				  proof in such hearing shall be on the department.
(d) Whenever information is expunged, the
				  commissioner shall notify any official notified pursuant to this Part that the
				  information has been expunged.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 81 - Residential Health Care Facilities; Patient Abuse › Section 81.7 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to
				  any other penalties prescribed by law, any person who commits an act of
				  physical abuse, mistreatment or neglect or who fails to report such an act may
				  be liable for a penalty pursuant to section 12  of the Public Health Law after an
				  opportunity to be heard.
(b) If
				  upon review of the record, the commissioner determines that a violation of
				  article 28 of the Public Health Law or rules and regulations promulgated
				  pursuant thereto has occurred, the commissioner may pursue remedies against the
				  facility or individual, including but not limited to, those set forth in
				  sections 12, 12-b, 16, and
				  2803  of the Public Health Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 81 - Residential Health Care Facilities; Patient Abuse › Section 81.8 - Retaliation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No residential
				  health care facility or officer of employee thereof shall discharge or in any
				  manner discriminate or retaliate against any person in any residential health
				  care facility or any relative or sponsor thereof, or against any employee of
				  the facility, or against any other person because such person, relative, legal
				  representative, sponsor, or employee has made, or is about to make, a report in
				  good faith pursuant to this section, or has testified or is about to testify in
				  any proceeding relating to physical abuse, mistreatment or neglect of a person
				  receiving care or services in a residential health care facility.
(b) Any violation of this section may be
				  punishable pursuant to section 12  of the Public Health Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 81 - Residential Health Care Facilities; Patient Abuse › Section 81.9 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  hereinafter provided, any report, record of the investigation of such report
				  and all other information related to such report shall be confidential and
				  shall be exempt from disclosure under article 6 of the Public Officers
				  Law.
(b) Information relating to a
				  report made pursuant to this Part shall be disclosed under any of the following
				  conditions:
(1) pursuant to article 6 of the
				  Public Officers Law, after expungement or amendment, if any, is made in
				  accordance with a hearing conducted pursuant to this Part, or at least 45 days
				  after a written determination is made by the commissioner concerning such
				  report, whichever is later, provided, however, that the identity of the person
				  who made the report, the victim, or any other person named, except a person who
				  the commissioner has determined committed an act of physical abuse, neglect or
				  mistreatment, shall not be disclosed unless such person authorizes such
				  disclosure;
(2) as may be required
				  by the Penal Law or any lawful order or warrant issued pursuant to the Criminal
				  Procedure Law; or
(3) to a person
				  who has requested a hearing pursuant to this Part, information relating to the
				  determination upon which the hearing is to be conducted; provided, however,
				  that the identity of the person who made the report or any other person who
				  provided information in an investigation of the report shall not be disclosed
				  unless such person authorizes such disclosure.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-1 - Organization And Functions Of Health Systems Agencies › Section 82-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, the following words shall have
						the following meanings:
(a)
					 Commissioner means the State Commissioner of Health.
(b) Health facilities shall include, but not
					 be limited to hospitals as defined pursuant to section 2801 (1)  of the Public
					 Health Law, facilities as defined pursuant to section 1.03 (6)  of the Mental
					 Hygiene Law (other than community residences), certified home health agencies
					 and long term home health care programs as defined pursuant to article 36 of
					 the Public Health Law, hospices as defined pursuant to article 40 of the public
					 Health Law, and health maintenance organizations as defined pursuant to article
					 44 of the Public Health Law.
(c)
					 Health resources shall include health services (including the provision of
					 health care to individuals and the administration of health facilities), health
					 professional personnel, and health facilities.
(d) Provider of health care means an
					 individual:
(1) who is a direct provider of
					 health care (including but not limited to a physician, licensed midwife,
					 dentist, nurse practitioner, licensed nurse, podiatrist, optometrist,
					 physician' s assistant, or ancillary personnel employed under the supervision
					 of a physician) and whose primary current activity is the provision of health
					 care to individuals or the administration (including trustees or members of
					 boards of directors) of health facilities in which such care is provided;
					 or
(2) who holds a fiduciary
					 position with, or has a fiduciary interest in, any entity which has as its
					 primary purpose the delivery of health care, the conduct of research into or
					 instruction for health professionals in the provision of health care, or the
					 production of or supply of drugs or other articles for individuals or entities
					 for use in the provision of or in research into or instruction in the provision
					 of health care; or
(3) who is a
					 professional employee of a health professions school; or
(4) who is the spouse of an individual
					 described in paragraph (1), (2) or (3) of this subdivision.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-1 - Organization And Functions Of Health Systems Agencies › Section 82-1.2 - Health service areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Geographical description. Health service areas have been established for health
					 systems agencies such that:
(1) the area is a
					 geographic region appropriate for the effective planning and development of
					 health services, determined on the basis of factors including population and
					 the availability of resources to provide all necessary health services for
					 residents of the area;
(2) the
					 boundaries of health service areas have been determined so as to recognize the
					 differences in health planning and health services development needs between
					 metropolitan and nonmetropolitan areas;
(3) in order for a bi-state health service
					 area to be designated, a bi-state planning agreement must be established. The
					 bi-state planning agreement shall include but need not be limited to the
					 following provisions: standards for equitable representation of board
					 membership from each state; boundaries that are consistent with medical trade
					 patterns; provisions for financial support from each state; and comparable
					 policies and procedures to be implemented by the bi-state health systems agency
					 in evaluating the availability and need for hospital or other health care
					 facilities or services and governing the collection of data and statistics for
					 health planning. Any such bi-state agreement shall be signed by the executives
					 of each state.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-1 - Organization And Functions Of Health Systems Agencies › Section 82-1.3 - Legal structure

Current through Register Vol. 46, No. 28, July 10, 2024
A health systems agency shall be a corporation organized
						pursuant to the Not-for-Profit Corporation Law which is incorporated in New
						York State, which is not a subsidiary of, or otherwise controlled by, any other
						private or public corporation or other legal entity, and which only engages in
						health planning and development activities and functions as defined in section
						82-1.6  of
						this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-1 - Organization And Functions Of Health Systems Agencies › Section 82-1.4 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A health
					 systems agency shall have appropriate staff to fulfill health planning and
					 development activities and functions as defined in section
					 82-1.6  of
					 this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-1 - Organization And Functions Of Health Systems Agencies › Section 82-1.5 - Governing body

Current through Register Vol. 46, No. 28, July 10, 2024
A health systems agency shall have a governing body which
						shall have exclusive authority to perform the health systems agency functions
						described in section
						82-1.6  of
						this Subpart. The governing body shall mean the board of directors of the
						health systems agency or a standing committee designated by the board of
						directors.
(a) Responsibilities. The
					 governing body shall be responsible for:
(1)
					 appointing an executive director who shall be responsible for the internal
					 affairs of the health systems agency including matters related to the staff of
					 the agency and the agency's budget;
(2) the approval or disapproval of the
					 agency's annual budget, health systems and other plans, reports, and products
					 prepared by the agency as appropriate;
(3) issuing an annual report concerning the
					 activities of the agency, and making the report readily available to the
					 residents of the health service area and to the various communications media
					 serving the area;
(4) performing
					 any other duties and functions of the health systems agency required by law;
					 and
(5) approving major planning
					 initiatives not specifically required in section
					 82-1.6  of
					 the Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 82 - Health Systems Agencies › Subpart 82-1 - Organization And Functions Of Health Systems Agencies › Section 82-1.6 - Functions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Health systems
					 agencies shall conduct regional health planning for the purposes of:
(1) improving the health of residents of a
					 health service area;
(2) improving
					 the availability, accessibility, continuity, quality, effectiveness and
					 efficiency of the health services provided;
(3) controlling unnecessary increases in the
					 cost of providing health services;
(4) preventing unnecessary duplication of
					 health resources; and
(5) promoting
					 of the development of health services, manpower, and facilities which meet
					 identified needs, reduce inefficiencies, respond to local health planning
					 priorities and implement the health plans of the agency.