New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 825 - Integrated Outpatient Services › Section 825.12 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Personnel. The
				governing authority shall ensure the employment of personnel without regard to
				age, race, color, sexual orientation, religion, sex or national origin. A
				personnel file shall be maintained for each employee.
(b) Integrated services programs that are
				providing primary care services shall ensure that:
(1) the health status of each employee is
				examined prior to the beginning of employment, which is sufficient in scope to
				ensure that the employee is free from a health impairment which is of potential
				risk to patients or which may interfere with the performance of his/her
				duties;
(2) a record of the
				following tests, procedures and examinations is maintained for all employees:
(i) a certificate of immunization against
				rubella which means:
(a) a document prepared
				by a physician, physician's assistant, specialist's assistant, nurse
				practitioner, licensed midwife or a laboratory possessing a laboratory permit
				issued pursuant to Part 58 of Title 10 of the New York Codes of Rules and
				Regulations, demonstrating serologic evidence of rubella antibodies;
(b) a document indicating one dose of live
				virus rubella vaccine was administered on or after the age of 12 months,
				showing the product administered and the date of administration, and prepared
				by the health practitioner who administered the immunization; or
(c) a copy of a document described in clause
(a)
or
(b)
of this subparagraph which comes
				from a previous employer or the school which the employee attended as a
				student; and
(ii) a
				certificate of immunization against measles, for all personnel born on or after
				January 1,1957, which means:
(a) a document
				prepared by a physician, physician's assistant, specialist's assistant, nurse
				practitioner, licensed midwife or a laboratory possessing a laboratory permit
				issued pursuant to Part 58 of Title 10 of the New York Codes of Rules and
				Regulations, demonstrating serologic evidence of measles antibodies;
				or
(b) a document indicating two
				doses of live virus measles vaccine were administered with the first dose
				administered on or after the age of 12 months and the second dose administered
				more than 30 days after the first dose but after 15 months of age showing the
				product administered and the date of administration, and prepared by the health
				practitioner who administered the immunization; or
(c) a document, indicating a diagnosis of the
				employee as having had measles disease, prepared by the physician, physician's
				assistant/specialist's assistant, licensed midwife or nurse practitioner who
				diagnosed the employee's measles; or
(d) a copy of a document described in clause
				(a), (b) or (c) of this subparagraph which comes from a previous employer or
				the school which the employee attended as a student;
(iii) if any licensed physician, physician's
				assistant/specialist's assistant, licensed midwife or nurse practitioner
				certifies that immunization with measles or rubella vaccine may be detrimental
				to the employee's health, the requirements of subparagraph (i) and/or (ii) of
				this paragraph relating to measles and/or rubella immunization shall be
				inapplicable until such immunization is found no longer to be detrimental to
				such employee's health. The nature and duration of the medical exemption must
				be stated in the employee's employment medical record and must be in accordance
				with generally accepted medical standards, (see, for example, the
				recommendations of the American Academy of Pediatrics and the Immunization
				Practices Advisory Committee of the U.S. Department of Health and Human
				Services); and
(iv) for all
				personnel prior to employment or affiliation, except for personnel with no
				clinical or patient contact responsibilities who are located in a building or
				site with no patient care services, either tuberculin skin test or Food and
				Drug Administration (FDA) approved blood assay for the detection of latent
				tuberculosis infection, prior to employment or affiliation and no less than
				every year thereafter for negative findings. Positive findings shall require
				appropriate clinical follow-up but no repeat tuberculin skin test or blood
				assay. The medical staff shall develop and implement policies regarding
				positive outcomes;
(v) an annual, or
				more frequent if necessary, health status reassessment to assure freedom from a
				health impairment which is a potential risk to the patients or might interfere
				with the performance of duties; and
(vi) documentation of vaccination against
				influenza, or wearing of a surgical or procedure mask during the influenza
				season, for personnel who have not received the influenza vaccine for the
				current influenza season, pursuant to section
				2.59
				of Title 10 of the New York Codes of Rules and Regulations.
(3) each person delivering health care
				services wears identification indicating his/her name and
				title.