reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 10 - Midwifery Birth Centers › Part 795 - Midwifery Birth Centers › Section 795.11 - Midwifery birth center accreditation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Midwifery birth centers must comply with sections 400.2 through
					 400.7,
					 400.9, and
					 400.10, and sections 751.5 through
					 751.10 of this Title and must
					 comply with evidence-based standards for midwifery birth centers published by a
					 national standards body selected by the department and published on the
					 department's website. The department may accept, as evidence of compliance with
					 minimum operational standards in this subdivision, accreditation by an
					 accreditation agency that the department has determined has accrediting
					 standards sufficient to assure the department that midwifery birth centers so
					 accredited are in compliance with such minimum operational standards. The
					 department may enter into collaborative agreements with one or more
					 accreditation agencies to provide that such an agency's accreditation survey
					 can be used in lieu of a survey by the department. As part of such
					 collaborative agreements, an accreditation agency may, at the department's
					 discretion, investigate complaints received by the department related to care
					 and services provided by a midwifery birth center. Notwithstanding any such
					 collaborative agreements, the department reserves the right to survey any
					 midwifery birth center for compliance with the evidence-based standards
					 established pursuant to this section. A list of accreditation agencies with
					 which the department has a collaborative agreement will be posted on the
					 department's website.
(b) Except as
					 otherwise prohibited by law, all survey reports, complaint investigation
					 results, plans of correction, interim self-evaluation reports, certificates of
					 accreditation, notices of noncompliance, or any other document, provided to the
					 department by an accreditation agency, pursuant to a collaborative agreement
					 with the department, shall be subject to public disclosure.
(c) The midwifery birth center shall notify
					 the department in writing within seven days of failure to be accredited,
					 re-accredited or the loss of accreditation by the accreditation
					 agency.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 10 - Midwifery Birth Centers › Part 795 - Midwifery Birth Centers › Section 795.12 - Application for establishment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 application to the Public Health and Health Planning Council (council) for
					 establishment of a midwifery birth center, as required by law, shall be in
					 writing on forms provided by the department and executed by the chief executive
					 officer or other officer duly authorized by the proposed operator. An original
					 and eight copies shall be filed with the council through the project management
					 unit in the department's central office in Albany, which shall transmit one
					 copy to the health systems agency having geographic jurisdiction.
(b) Applications to the council shall contain
					 information and data with reference to:
(1)
					 the public need for the existence of the proposed midwifery birth center at the
					 time and place and under the circumstances proposed;
(2) the character, experience, competency and
					 standing in the community of the proposed incorporators, directors,
					 stockholders, sponsors, individual operators or partners;
(3) the financial resources and sources of
					 future revenue of the midwifery birth center to be operated by the
					 applicant;
(4) the fitness and
					 adequacy of the premises and equipment to be used by the applicant for the
					 proposed midwifery birth center; and
(5) such additional pertinent information and
					 documents necessary for the council's consideration, as determined by the
					 department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › GENERAL › Section 800.2 - Applicability of other laws, codes, rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided in this Chapter, ambulance
					 services shall comply with all pertinent Federal laws, State laws and those
					 provisions of county, city, town and village charters, special and local laws,
					 ordinances and any codes, rules or regulations promulgated thereunder having
					 general application thereto.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › GENERAL › Section 800.4 - Signs and advertisements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  word ambulance may not be displayed on a vehicle, aircraft or boat except on a
				  vehicle, aircraft or boat registered with the department as an ambulance,
				  except to comply with section
				  800.21(e) of this
				  Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Advanced Life Support Systems › Section 800.5 - Requirements For An Advanced Life Support System

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An advanced
				  life support system must meet the following requirements:
(1) designation of a qualified physician to
				  provide medical supervision and direction; and
(2) integration with a hospital emergency
				  service, or intensive care, coronary care, or other appropriate hospital
				  unit.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.6 - Initial certification requirements

Current through Register Vol. 46, No. 28, July 10, 2024
To qualify for initial certification, an applicant
					 shall:
(a) file a completed
				  application bearing the applicant's original signature in ink with the
				  department on a form provided by the department;
(b) be at least 17 years of age prior to the
				  last day of the month in which the course is completed or scheduled to be
				  completed, except that an applicant for a certified first responder must be at
				  least 16 years of age prior to the last day of the month;
(c) satisfactorily complete the requirements
				  of a State-approved course given by a State-approved course sponsor in
				  emergency medical care at one of the following levels for which certification
				  is available:
(1) certified first responder
				  (CFR);
(2) emergency medical
				  technician-basic (EMT);
(3)
				  emergency medical technician-defibrillation (EMT-D);
(4) emergency medical technician-paramedic
				  (EMT-P);
(5) certified laboratory
				  instructor (CLI); or
(6) certified
				  instructor coordinator (CIC).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.8 - Recertification requirements

Current through Register Vol. 46, No. 28, July 10, 2024
To qualify for recertification, an applicant shall:
(a) file a completed application bearing the
				  applicant's original signature in ink with the department on a form provided by
				  the department;
(b) possess New
				  York State certification at or above the level at which recertification is
				  sought except as provided in section
				  800.18 of this Part;
(c) pass the State practical skills
				  examination for the level at which recertification is sought;
(d) pass a practical skills evaluation and
				  cognitive examination, approved by the department, for the level at which
				  certification is sought within one year of the end date stipulated by the
				  department for their course;
(e) if
				  the applicant has been convicted of one or more criminal offenses, as defined
				  in section
				  800.3(ak) of this
				  Part, be found eligible after a balancing of the factors set out in article
				  23-A of Corrections Law. In accordance with that article, no recertification
				  shall be denied by reason of the applicant having been previously convicted of
				  one or more criminal offenses unless (i) there is a direct relationship between
				  one or more of the previous criminal offenses and duties required of this
				  certificate or (ii) recertification of the applicant would involve an
				  unreasonable risk to property or the safety or welfare of a specific individual
				  or the general public. In determining these questions, the agency will look at
				  the eight factors listed under Corrections Law section 753; and
(f) not have been found guilty or in
				  violation, in any jurisdiction, of any other non-criminal offense or statutory
				  and/or regulatory violation, as those terms are defined in section
				  800.3 of this Part, relating to
				  patient safety unless the department determines such applicant would not
				  involve an unreasonable risk to property or the safety or welfare of a specific
				  individual or the general public.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.9 - Recertification by Continuing Medical Education

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Continuing medical education
				  program.
Recertification applicants who have demonstrated competence
					 in applicable behavioral and performance objectives, and who have demonstrated
					 completion of appropriate continuing medical education may, if qualified as set
					 forth in subdivision (b) of this section, have their certification renewed
					 without being required to successfully complete a State practical skills and
					 written examination.
(b) To
				  qualify for recertification using continuing medical education, an applicant
				  shall:
(1) be currently certified at the
				  certification level they are seeking;
(2) be in continuous practice as defined in
				  section 800.3 of this Part ;
(3) file with the department a completed
				  department-approved application form bearing the applicant's signature in ink,
				  or an electronic application approved by the department;
(4) submit the completed application for
				  recertification so that it is received by the department at least 45 days, but
				  not more than 9 months, prior to their current certification expiration
				  date;
(5) if the applicant has been
				  convicted of one or more criminal offenses, be found eligible after a balancing
				  of the factors set out in article 23-A of Corrections Law. In accordance with
				  that article, no recertification shall be denied by reason of the applicant
				  having been previously convicted of one or more criminal offenses unless
(i) there is a direct relationship between
				  one or more of the previous criminal offenses and the duties required of this
				  certification or
(ii) recertifying
				  the applicant would involve an unreasonable risk to property or the safety or
				  welfare of a specific individual or the general public. In determining these
				  questions, the agency will look at the eight factors listed under Corrections
				  Law section 753; and
(6)
				  not have been found guilty or in violation, in any jurisdiction, of any other
				  non-criminal offense or statutory and/or regulatory violation, as those terms
				  are defined in section
				  800.3 of this Part, relating to
				  patient safety unless the department determines such applicant would not
				  involve an unreasonable risk to property or the safety or welfare of a specific
				  individual or the general public.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.10 - Retesting Applicants for Initial Certification or Recertification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Candidates who
				  have failed the practical skills evaluation after three attempts must complete
				  remediation through the initial course sponsor, as approved by the department,
				  prior to being admitted to another practical skills evaluation at the same
				  level of certification. Such candidates may be admitted once to a practical
				  skills examination at a lower level of certification within one year after the
				  end of the course date.
(b)
				  Candidates who have failed the cognitive certification examination after three
				  attempts must complete remedial training, as approved by the department, prior
				  to being admitted to another cognitive certification examination at the same
				  level of certification. After remedial training, the student is allowed three
				  additional attempts to pass the cognitive certification examination. After six
				  total attempts to pass the cognitive certification examination, the candidate
				  will be required to complete a full original course again. Such candidates may
				  be admitted once to a cognitive certification examination at a lower level of
				  certification within one year after the end of the course date.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.11 - Advanced emergency medical technician certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A candidate, to qualify for initial
				  certification at any level above emergency medical technician, in addition to
				  meeting the requirements set forth in section
				  800.6 of this Part, shall:
(1) have current certification as an
				  emergency medical technician-basic for the duration of the advanced course;
				  and
(2) submit documentation of
				  satisfactory completion of an internship approved by the course sponsor for any
				  course for which an internship is described in the curriculum.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.14 - Emergency medical technicians certified by states bordering new york

Current through Register Vol. 46, No. 28, July 10, 2024
Emergency medical technicians certified by Vermont,
					 Massachusetts, Connecticut, New Jersey, or Pennsylvania may practice in New
					 York State without New York State certification, while (a) transferring a
					 patient across the border between New York State and the certifying state or
					 (b) providing emergency medical care in New York State pursuant to a mutual aid
					 agreement with a New York State-certified or registered ambulance service. The
					 mutual aid agreement must be in writing, signed by an authorized officer of
					 both services, and must delineate the protocols to be adhered to by the
					 out-of-state emergency medical technicians and shall be on file with the
					 department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.15 - Required conduct

Current through Register Vol. 46, No. 28, July 10, 2024
Every person certified at any level, or pursuing
					 certification at any level, pursuant to this Part or article 30 of the Public
					 Health Law shall:
(a) comply with
				  prehospital practice standards, applicable for the geographic region of the
				  State in which the individual is practicing, as established by:
(1)
National Emergency Medical
				  Services Education Standards (2021)
, as published by the U.S.
				  Department of Transportation, National Highway Traffic Safety Administration,
				  which have been incorporated by reference in this section, a copy of which can
				  be found online at EMS.gov - EMS Education Standards 2021. This publication is
				  also available for public inspection and copying at the Regulatory Affairs
				  Unit, New York State Department of Health, Corning Tower, Empire State Plaza,
				  Albany, NY 12237.
(2) other
				  State-approved training curricula, and State-approved training standards, in
				  accordance with section
				  800.20 of this Part;
(3) State-approved protocols developed by
				  State and/or Regional Medical Advisory Committees pursuant to sections
				  3002-a and
				  3004-a of
				  the Public Health Law; and
(4)
				  Scope of Practice as defined in section
				  800.3 of this Part; and
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.17 - Period of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Expiration of initial certification. A candidate's initial certification shall
				  expire at 11:59 p.m. on the last day of the month 48 months following the month
				  in which the candidate passed the cognitive certification
				  examination.
(b) Expiration of
				  subsequent certifications.
(1) A candidate
				  who completes the requirements of section
				  800.8 of this Part during the last
				  nine months of his or her certification shall have his or her certification
				  extended for an additional 48 months;
(2) The certification of a candidate who
				  completes the requirements of section
				  800.8 of this Part at any other
				  time while certified shall expire at 11:59 p.m. on the last day of the month 48
				  months following the month in which the candidate passed the cognitive
				  certification examination.
(3) The
				  certification of a candidate who recertifies pursuant to section
				  800.18 of this Part shall expire
				  at 11:59 p.m. on the last day of the month 48 months following the month in
				  which the candidate passes the cognitive certification examination.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.18 - Lapsed certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Formerly certified lapsed providers may recertify by enrolling in, and
				  completing the requirements of, a refresher course.
(b) After the 1st day of the 13th month
				  immediately following the expiration of certification, a candidate may
				  recertify by completing the requirements of section
				  800.8 of this Part and by
				  successfully completing a refresher course and corresponding practical skills
				  and written certification examinations at or below the level at which
				  certification was held.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.19 - Demonstration projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  State Emergency Medical Services Council may authorize, subject to the approval
				  of the commissioner, demonstration projects of a limited duration.
(b) Types of projects may include:
(1) education delivery models; or
(2) EMS delivery models.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Emergency Medical Services Personnel › Section 800.20 - Course sponsors

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Approval of course sponsors.
(1) When
				  applying for original approval or reapproval, every course sponsor shall file a
				  completed application on a form provided by the department.
(2) Approval of a course sponsor shall be for
				  no more than two years. Approvals shall expire on July 1. One half the
				  approvals of sponsors conducting courses on the effective date of this Part
				  shall expire on the next succeeding July 1 and the other half shall expire on
				  the second succeeding July 1.
(3)
				  Original and renewal sponsorship applications shall be reviewed by the
				  appropriate regional emergency medical services council, which shall forward
				  its recommendation to the department within 45 days of receiving the
				  application. Renewal applications not reviewed by the appropriate regional
				  emergency medical services councils within forty-five (45) days will proceed to
				  the department without comment. If the regional council is a course sponsor, it
				  shall consider only the capability of the sponsor to meet the requirements of
				  this Part. If the regional council is not a course sponsor, it may also
				  consider the size of the potential student pool and the impact of an additional
				  sponsor on the ability of existing sponsors to sustain a student body of
				  adequate size.
(4) The department,
				  when making a determination with regard to original and renewal sponsorship
				  applications, shall consider the capability of the sponsor to meet the
				  requirements of this Part, the size of the potential student pool and the
				  impact of an additional sponsor on the ability of existing sponsors to sustain
				  a student body of adequate size.
(5) The application for approval shall
				  include the names of all certified instructor coordinators and certified lab
				  instructors who will be providing instructional services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Certified Ambulance Services › Section 800.22 - Requirements for certified ambulance vehicle construction

Current through Register Vol. 46, No. 28, July 10, 2024
All ambulances shall:
(a) have the following headroom:
(1) if placed in-service after January 1,
				  1980 have a minimum of 54 inches headroom in the patient compartment measured
				  from floor to ceiling;
(2) if
				  placed in-service on or before January 1, 1980, have a minimum of 48 inches
				  headroom in the patient compartment, measured from floor to ceiling;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Certified Ambulance Services › Section 800.23 - General requirements related to equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All equipment shall be clean, sanitary,
				  and operable.
(b) The emergency
				  medical technician must be able to operate all equipment on board the ambulance
				  or emergency ambulance service vehicle within the scope of his/her
				  certification.
(c) Any volume of
				  liquid in excess of 249 milliliters stored in the ambulance must be in plastic
				  containers.
(d) Insofar as
				  practical, all equipment in every vehicle shall be secured to the vehicle
				  whenever the vehicle is in motion.
(e) All pressurized gas cylinders shall be
				  secured and in compliance with Federal DOT hydrostatis test expiration
				  dates.
(f) If controlled
				  substances, drugs or needles are carried, there shall be a securely locked
				  cabinet in which these items are stored when not in use.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Certified Ambulance Services › Section 800.24 - Equipment requirements for certified ambulance service

Current through Register Vol. 46, No. 28, July 10, 2024
All ambulances in a certified ambulance service shall be
					 equipped with the following unless exempted pursuant to section
					 800.25 of this Part:
(a) Patient transfer equipment consisting of:
(1) wheeled ambulance cot capable of
				  supporting the patients in the Fowlers position;
(2) a device capable of carrying a second
				  recumbent patient;
(3) a device
				  enabling ambulance personnel to carry a sitting patient over stairways and
				  through narrow spaces where a rigid litter cannot be used. The requirements of
				  paragraphs (2) and (3) of this subdivision may be satisfied by use of one
				  combination device capable of both operations;
(4) all litters and cots used to transport
				  patients shall be secured using crash resistant fasteners. The ambulance shall
				  be equipped with securing devices such that two patient carrying devices can be
				  simultaneously secured; and
(5)
				  ambulance cots and other patient carrying devices shall be equipped with at
				  least two, two inch wide web straps with fasteners to secure the patient to the
				  device and the cot.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Certified Ambulance Services › Section 800.25 - Special use vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
A vehicle used exclusively for a special purpose, such as
					 the transportation of neonates, may be authorized by the commissioner, pursuant
					 to a written application by the service, to not carry specific items of
					 equipment otherwise required by these regulations if the equipment is shown to
					 be unnecessary for the special use proposed.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Certified Ambulance Services › Section 800.26 - Equipment requirements for emergency ambulance service vehicles other than an ambulance

Current through Register Vol. 46, No. 28, July 10, 2024
The governing authority of any ambulance service which, as
					 a part of its response system, utilizes emergency ambulance service vehicles
					 other than an ambulance to bring personnel and equipment to the scene, must
					 have policies in effect for equipment, staffing, individual authorization,
					 dispatch and response criteria, and maintain appropriate insurance
					 coverage.
(a) A waiver of the
				  equipment requirements for emergency ambulance service vehicles may be granted
				  by the department when the service provides an acceptable plan to the
				  department demonstrating how appropriate staff, equipment and vehicles will
				  response to a call for emergency medical assistance. The affected regional EMS
				  councils will be solicited for comment on the service's waiver
				  request.
(b) Any emergency
				  ambulance service vehicle other than an ambulance shall be equipped and
				  supplied with emergency care equipment consisting of:
(1) 12 sterile 4 inches x 4 inches gauze
				  pads;
(2) adhesive tape, three
				  rolls assorted sizes;
(3) six rolls
				  conforming gauge bandage, assorted sizes;
(4) two universal dressings, minimum 10
				  inches x 30 inches;
(5) six 5
				  inches x 9 inches (minimum size) sterile dressings or equivalent;
(6) one pair of bandage shears;
(7) six triangular bandages;
(8) sterile normal saline in plastic
				  container (1/2 liter minimum) within the manufacturer's expiration
				  date;
(9) one air occlusive
				  dressing;
(10) one liquid glucose
				  or equivalent;
(11) disposable
				  sterile burn sheet;
(12) sterile
				  obstetric kit;
(13) blood pressure
				  sphygmomanometers cuff in adult and pediatric sizes and stethoscope;
(14) three rigid extrication collars capable
				  of limiting movement of the cervical spine. These collars shall include small,
				  medium and large adult sizes; and
(15) carrying case for essential equipment
				  and supplies.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Aircraft and Boats › Section 800.27 - Aircraft and boats

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Ambulance
				  services desiring to operate aircraft and boats to transport emergency patients
				  shall file with the commissioner all forms required of a certified ambulance
				  service and will be governed by all sections of this Part referring to a
				  certified ambulance service.
(b)
				  When the condition of the mode of transport and the configuration of the
				  aircraft or boat provides a hardship, a variance may be obtained from the
				  regulations by petitioning the commissioner for said variance.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 800 - Emergency Medical Services › Nonhospital Orders Not to Resuscitate › Section 800.90 - Nonhospital orders not to resuscitate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A nonhospital order not to resuscitate
				  shall consist of a form issued by the department bearing the name of the person
				  to whom the order applies, that person's date of birth, the issuing physician's
				  signature and a hand-printed or typewritten name and license number, and the
				  date of issuance.
(b) A DNR
				  bracelet shall consist of a piece of metal no less than 1.5 inches in length
				  and no less than one-half inch in width with the symbol commonly referred to as
				  the caduceus on the obverse and the words "Do Not Resuscitate" in letters of no
				  less than 16 point size on the reverse. The ends of the piece of metal shall be
				  linked to one another with material of sufficient strength as to be serviceable
				  for ordinary use. A caduceus is a representation of a staff with one entwined
				  snake and one wing at the top.
(c)
				  DNR bracelets may be sold for use only by persons who have been issued a valid
				  nonhospital order not to resuscitate.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 801 - Availability Of Resuscitation Equipment In Certainpublic Places › Section 801.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall be
				  defined as follows:
(a) Accessible
				area means any area, which can be easily identified by, and is readily
				accessible to, patrons. Accessible areas may include but shall not be limited
				to the following: bar area, service counter area, host/hostess station,
				registration desk, and concession stand.
(b) Bar means any establishment which is
				devoted to the sale and service of alcoholic beverages for on-premises
				consumption and in which the service of food, if served at all, is incidental
				to the consumption of such beverages.
(c) Health club means any commercial
				establishment offering instruction, training or assistance and/or the
				facilities for the preservation, maintenance, encouragement or development of
				physical fitness or well-being. Health club as defined herein shall include,
				but not be limited to, health spas, health studios, gymnasiums, weight control
				studios, martial arts and self-defense schools or any other commercial
				establishment offering a similar course of physical training.
(d) Owner or operator means the owner,
				manager, operator or other person having control of an establishment.
(e) Package means the sealed
				manufacturer-provided packaging containing an exhaled air resuscitation
				mask.
(f) Public place means a
				restaurant, bar, theater or health club.
(g) Restaurant means any commercial eating
				establishment which is devoted, wholly or in part, to the sale of food for
				on-premises consumption.
(h)
				Resuscitation equipment means:
(1) an adult
				exhaled air resuscitation mask, for which the Federal Food and Drug
				Administration has granted permission to market, accompanied by a pair of
				disposable gloves; and
(2) a
				pediatric exhaled air resuscitation mask, for which the Federal Food and Drug
				Administration has granted permission to market, accompanied by a pair of
				disposable gloves.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 801 - Availability Of Resuscitation Equipment In Certainpublic Places › Section 801.2 - Requirement

Current through Register Vol. 46, No. 28, July 10, 2024
The owner or operator of a public place as defined in section
				  801.1(a) of this
				  Part shall have available, in an accessible area of such public place,
				  resuscitation equipment sufficient to assure that patrons and/or staff can
				  access it for use and bring it to the victim within three minutes of onset of
				  an incident, and, in any event, no less than two adult exhaled air
				  resuscitation masks, two pediatric exhaled air resuscitation masks, all in
				  their original package, and four pairs of disposable gloves. Exhaled air
				  resuscitation masks and gloves shall be discarded after a single use and
				  replaced within 96 hours.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 801 - Availability Of Resuscitation Equipment In Certainpublic Places › Section 801.3 - Labeling requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				following written statement shall be stored with the resuscitation equipment or
				affixed to the envelope or container in which such equipment is stored:
IN THE EVENT OF AN EMERGENCY, REQUEST ASSISTANCE BY DIALING
				  911 DO NOT ATTEMPT TO USE UNLESS TRAINED IN CARDIOPULMONARY RESUSCITATION (CPR)
				  AND IN THE USE OF EXHALED AIR RESUSCITATION MASKS
RESUSCITATION EQUIPMENT CONTENTS INCLUDE: TWO ADULT EXHALED
				  AIR RESUSCITATION MASKS TWO CHILD EXHALED AIR RESUSCITATION MASKS FOUR PAIRS
				  DISPOSABLE GLOVES DISCARD MASK AND GLOVES AFTER ONE USE REPLACE EQUIPMENT AS
				  INDICATED
(b) The written
				statement shall be presented in a manner which is readily visible. Lettering on
				the statement shall not be less than 1/2 inch in height.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VI - State Emergency Medical Services Code › Part 801 - Availability Of Resuscitation Equipment In Certainpublic Places › Section 801.4 - Required notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner or
				operator of a public place shall provide clear and conspicuous notice to all
				patrons which indicates that resuscitation equipment for emergency use is
				available, its location, and information on how to receive cardiopulmonary
				resuscitation (CPR) training. This notice shall be in the form of a sign, or
				shall be included as part of an information brochure, as long as the owner or
				operator provides the opportunity for all patrons to read the notice upon
				entering or shortly after being seated, and to do so without incurring a
				monetary charge.
(b) The notice
				shall include the following statements:
(1)
				In the event of an emergency, call 911 or (insert name of the local emergency
				medical services [EMS]) at (insert phone number of local EMS system).
(2) Resuscitation masks and disposable gloves
				are available at (insert name of location[s] where resuscitation equipment is
				provided).
(3) Learn CPR. For
				information contact - (insert name[s] of organization[s] qualified to offer CPR
				training, which may include but are not limited to the American Red Cross and
				American Heart Association).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 900 - Certificate Of Authority › Section 900.2 - Applicability of other laws and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise indicated in this
				section, the activities of life care communities shall be subject to any other
				laws governing such activities including, but not limited to, articles 28 and
				36 of the Public Health Law and article 7 of the Social Services Law and
				regulations promulgated thereunder.
(b) In applying the provisions of section
				2801-a of
				the Public Health Law to life care communities:
(1) the first 1,000 nursing home beds
				proposed as components of communities shall be exempt from the consideration of
				public need pursuant to section
				2801-a
				(3) of the Public Health Law and Part 670 of
				this Title;
(2) the prohibition
				against establishment of a residential health care facility to be operated by a
				limited partnership, or by a partnership any of the members of which are not
				natural persons, pursuant to section 2801-a(4)(d), shall not apply;
(3) the prohibition against establishment of
				a residential health care facility to be operated by a corporation any of the
				stock of which is owned by another corporation pursuant to section
				2801-a(4)(e), shall not apply;
(4)
				the prohibition against contracting for management services with a party which
				has not received establishment approval pursuant to section
				600.9(d) of this
				Title shall not apply;
(5) the
				requirements for establishment of business corporations pursuant to section
				620.1 of this Title except as
				specifically noted herein shall be superseded by those of this Part;
(6) the requirements regarding the transfer,
				assignment or other disposition of 10 percent or more of the stock or voting
				rights pursuant to section
				2801-a
				(4)(c) of the Public Health Law and section
				620.3 of this Title shall not
				apply to the community as a whole (to which the provisions of this Part
				regarding controlling persons apply), but shall apply to any nursing home
				component which is to be operated by the life care community operator;
				and
(7) the requirements regarding
				the review of the character, competence and standing in the community of any
				principal stockholders pursuant to section
				2801-a
				(3) of the Public Health Law and section
				600.2 of this Title shall not
				apply to the community as a whole (to which the provisions of this Part
				regarding controlling persons apply), but shall apply to any nursing home
				component to be operated by the life care community operator.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 900 - Certificate Of Authority › Section 900.3 - Application for certificate of authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application to the Life Care Community
				Council for its approval to operate a life care community shall be in writing
				on application forms provided by the department and subscribed by the chief
				executive officer duly authorized by the board of a corporate applicant, a
				general partner or proprietor of the proposed life care community, or, where an
				application is to be submitted by a governmental subdivision as the applicant,
				the president or chairman of the board of the proposed community or the chief
				executive officer if there is no board; and accompanied by a certified copy of
				a resolution of the board of a corporate applicant authorizing the undertaking
				which is the subject of the application, and the subscribing and submission
				thereof by an appropriate designated individual. In the event that an
				application is to be submitted by an entity which necessarily remains to be
				legally incorporated, it shall be subscribed and submitted by one of the
				proposed principal stockholders or directors. If a local governmental applicant
				submitting an application has not designated a president, chairman or chief
				executive officer for the proposed community, the application shall be
				subscribed by the chairman or president of the local legislature or board of
				supervisors having jurisdiction, or other appropriate executive officer. An
				original application and 11 copies thereof shall be prepared and submitted to
				the commissioner.
(b) Applications
				to the council shall contain information and data with reference to:
(1) the need for the existence of the
				proposed community at the time and place and under the circumstances
				proposed;
(2) the character,
				experience, competence and standing in the community of the controlling
				persons, if any, of the applicant, managers, if any, the sole proprietor
				applicant, the general partners of a partnership applicant, the proposed
				directors and officers of a corporation, corporate general partner, parent
				corporation or management corporation, and governmental subdivisions. The
				application shall include copies of personal and disclosure information, as
				appropriate, as may be required by the council with regard to any such
				individual or organization; and
(3)
				the applicant's ability to organize, market, manage, promote and operate the
				community in a financially feasible and capable manner and its ability to meet
				its expected obligations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 900 - Certificate Of Authority › Section 900.4 - Requirements for approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				application must be complete and in proper form. It shall provide all the
				information essential for the Life Care Community Council's
				consideration.
(b) The council
				shall not act upon an application for a certificate of authority unless all
				approvals and consents required by law have been obtained including:
(1) approval by the Superintendent of
				Insurance as to:
(i) the actuarial principles
				involved;
(ii) the financial
				feasibility of the facility;
(iii)
				the form and content of the proposed life care contract between the community
				and its residents;
(iv) the form
				and content of any agreements between the community and licensed insurers
				requiring the insurers to assume, wholly or in part, the cost of medical or
				health related services to be provided pursuant to the life care contract;
				and
(v) the rates and rating
				system, if any, including detailed formula or formulas to be applied by the
				operator in the calculation of future entrance fees and monthly care
				fees;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 900 - Certificate Of Authority › Section 900.5 - Amendments to applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				application made to the Life Care Community Council, may be amended while the
				application is pending before the council. Such amendments shall be made on
				appropriate forms supplied by the department.
(b) Any amendment to an application which
				constitutes a substantial change in the information contained in the original
				application, or any subsequent amendments thereto, must be accompanied by a
				satisfactory written explanation as to the reason such information was not
				contained in the original application.
(c) Changes which constitute an amendment
				include, but are not limited to:
(1) any
				substantive changes to the life care contract or the disclosure
				statement;
(2) changes in the
				construction timetable;
(3) changes
				in the proposed operator; and
(4)
				in the case of a community which contracts for management services, changes in
				this contracted management entity.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 900 - Certificate Of Authority › Section 900.6 - Withdrawals of applications

Current through Register Vol. 46, No. 28, July 10, 2024
An application made to the Life Care Community Council may,
				  upon written request of the applicant to the commissioner, be withdrawn prior
				  to a decision by the council at any time without prejudice to
				  resubmission.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 900 - Certificate Of Authority › Section 900.7 - Decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Life Care
				Community Council shall by majority vote either approve or disapprove the
				application.
(b) Copies of the
				resolution of the council approving or disapproving an application shall be
				transmitted to the applicant.
(c)
				If the council disapproves the application, the commissioner shall provide
				notice to the applicant of the opportunity to request a public hearing.
(1) The applicant shall have 30 days from
				such notice to request a public hearing.
(2) Any public hearing held pursuant to this
				section shall be conducted by the council, a committee of the council, or by
				any individual designated by the council.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 900 - Certificate Of Authority › Section 900.8 - Certificate of authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				certificate of authority shall authorize an approved applicant:
(1) to operate a life care community and to
				enter into life care contracts pertaining to such community;
(2) to prepare and publicize information that
				details the terms of the life care contract relating to the approved
				community;
(3) to advertise the
				approved community and related services that will be provided; and
(4) to offer and execute contracts including
				the collection of application fees, entrance fees and deposits.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 900 - Certificate Of Authority › Section 900.9 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of
				a certificate of authority, the approved operator shall submit to the
				commissioner a fee in the amount of $50 per approved independent living unit
				within 30 days of receipt of the certificate of authority.
(b) The approved operator shall submit
				thereafter to the commissioner an annual fee in the amount of $50 per approved
				independent living unit upon submission of the annual statement.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 900 - Certificate Of Authority › Section 900.10 - Authorization to begin construction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon issuance of a certificate of
				authority, the operator may begin construction of the model units and a sales
				office.
(b) Construction of the
				community may begin upon written authorization of the commissioner. Such
				authorization shall be granted upon:
(1)
				proof of execution of contracts for at least 50 percent of all living units or
				approved phase of living units accompanied by a deposit of at least 10 percent
				of the entrance fee. Such proof shall consist of a listing certified by the
				operator which includes the names, addresses and phone numbers of prospective
				residents and amounts of the deposits paid;
(2) obtaining all applicable permits and
				approvals; and
(3) satisfaction of
				all certificate of authority contingencies.