reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-2 - Environmental Assessment And Abatement › Section 67-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, the following words and terms
						shall have the stated meaning:
(a)
					 Abatement includes all actions necessary to discontinue a condition conducive
					 to lead poisoning and may include encapsulation, replacement, enclosure, or
					 removal.
(b) Accessible mouthable
					 surfaces are those surfaces located within five feet of the floor or ground
					 that form a protruding corner or similar edge, or protrude one-half inch or
					 more from a flat wall surface, or are located so that a child may place his or
					 her mouth on a protruding surface.
(c) Area of high risk means an area
					 designated as such by the commissioner or his designated representative and may
					 consist of one or more dwellings in which a condition conducive to lead
					 poisoning of children exists.
(d)
					 Approved laboratory means the New York State Department of Health's Wadsworth
					 Center for Laboratory and Research or a laboratory certified by the New York
					 State Department of Health pusuant to the department's Environmental Laboratory
					 Approval Program.
(e) child care
					 facilities means any facility licensed by the State Department of Social
					 Services to offer or provide day care services or child care and any public or
					 private schools attended by children six years old or younger.
(f) Commissioner means the State Commissioner
					 of Health
(g) Condition conducive
					 to lead poisoning means:
(1) the presence of
					 lead paint or other similar surface coating on any accessible mouthable surface
					 or any other surface in a condition accessible for ingestion or inhalation,
					 where peeling, cracking, blistering, flaking, chipping or powdering of such
					 paint or similar surface coating material occurs or is likely to occur;
					 and/or
(2) the presence of other
					 environmental conditions which may result in significant lead
					 exposure.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-2 - Environmental Assessment And Abatement › Section 67-2.3 - Environmental investigation

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever an area of high risk is designated or when a
						child has been referred for environmental management in accordance with section
						67-1.2(a)(9) 
						of this Part, the commissioner or his designated representative shall
						coordinate follow-up activities as defined in section
						67-1.1(e) and
						(f)  of this Part and required by section
						67-1.6 
						of this Part. An assessment of conditions conducive to lead poisoning shall be
						performed and should include an environmental investigation of:
(1) any dwelling;
(2) any child care facility; and
(3) any other area where the child spends a
					 signifigant amount of time.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-2 - Environmental Assessment And Abatement › Section 67-2.4 - Sampling for lead

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Paint or
					 other similar surface coating that is peeling, cracking, blistering, flaking,
					 chipping or powdering or is on an accessible mouthable surfaces may be sampled
					 for lead by the following methods:
(1) At
					 least on gram of paint or other surface coating should be collected from each
					 surface for approved laboratory analysis;
(2) A portable X-ray florescence analyzer may
					 be used to determine the presence of lead paint. In conducting sampling by
					 X-ray floresence the following determinations shall apply:
(i) Where substrate correction readings are
					 obtained, a mean reading of 1.6 milligram of lead per square centimeter or
					 greater shall be considered as satisfactory evidence of lead paint. A mean,
					 substrate corrected reading of less than 1.6 milligram of lead per square
					 centimeter but more than 0.4 milligrams of lead per square centimeter shall be
					 considered as inconclusive and in such case a sample, as described in paragraph
					 (1) of this subdivision may be obtained. A mean substrate corrected reading of
					 less than 0.4 milligrams of lead per square centimeter shall be considered as
					 negitive for lead paint.
(ii) If
					 substrate corrected readings cannot be obtained, a mean, uncorrected reading of
					 greater than 2.0 milligrams of lead per square centimeter shall be considered
					 as satisfactory evidence of lead paint. A mean reading of 2.0 milligrams of
					 lead per square centimeter or less shall be considered as inconclusive and in
					 such cases a sample, as described in paragraph (1) of this subdivision, may be
					 obtained.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-2 - Environmental Assessment And Abatement › Section 67-2.5 - Environmental testing and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
An approved laboratory shall examine paint and any other
						environmental samples according to generally accepted scientific methods
						specified by the commissioner and shall report the results of all lead analyses
						to the designated representative in whose jurisdiction the samples were
						collected.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-2 - Environmental Assessment And Abatement › Section 67-2.6 - Notice and demand

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the commisioner or his designated representative
						determines that a condition conducive to lead poisoning exists in a dwelling, a
						written notice and demand for discontinuance of such may be issued in
						accordance with section 1373 (2)  of the Public
						Health Law.
(a) No person shall
					 commence lead paint abatement in any designated area of high risk prior to the
					 issuance of a written notice and demand. Risk reduction efforts may proceed
					 prior to receipt of a notice and demand.
(b) Upon receipt of a notice and demand for
					 discontinuance of conditions conducive to lead poisoning, the owner of a
					 dwelling is required to abate such conditions. The extent of abatement and
					 method(s) used shall be determined by the commissioner or his designated
					 representative, in accordance with applicable laws or rules and
					 regulaions.
(c) It shall be the
					 responsibility of the owner of the dwelling to comply with all Federal, State
					 and local laws governing building construction, housing, worker health and
					 safety, and disposal of lead-containing wastes. The owner of the dwelling must
					 provide, upon request, to the commissioner or his designated representative,
					 such documentation as shall show that the owner has fully complied with these
					 laws.
(d) Any vacancy or change in
					 occupancy of the dwelling before abatement has been completed shall not relieve
					 the owner of that dwelling from compliance with the notice or demand.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-2 - Environmental Assessment And Abatement › Section 67-2.7 - Environmental intervention and abatement

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner or his designated representative shall
						require in the notice and demand, where necessary, pre-abatement and clean up
						actions as specified in subdivisions (a) and (b) of this section and any one or
						more of the actions listed in subdivisions (c) through (j) of this section as
						part of an abatement of a dwelling:
(a) Pre-abatement actions:
(1) furniture, rugs, carpets, bedding,
					 drapes, disware and food shall be either removed or covered with plastic sheets
					 a minimum thicknes of six mils and sealed;
(2) room openings must be sealed with plastic
					 sheets that have a minimum thickness of six mils; and
(3) floors or in place carpet must be covered
					 with twosheets of plastic a minimum thicknes of six mil thick, secured to the
					 wall or baseboard with duct tape.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-2 - Environmental Assessment And Abatement › Section 67-2.8 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
When an owner of a dwelling fails to comply with a
						written notice and demand for discontinuance of a condition conducive to lead
						poisoning, the proceedures for enforcement, including formal hearings,
						receivership and cooperation and assistance from those public officers,
						departments and agencies of the State and its political subdivisions, as
						provided in sections 1373, 1374, and
						1375  of the Public Health Law, shall be
						followed.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-3 - Reporting Of Blood Lead Levels › Section 67-3.1 - Laboratory reporting of blood lead levels for public health follow up

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
					 this Subpart, laboratory shall mean:
(1) any
					 laboratory that holds a permit issued in accordance with Public Health Law,
					 article 5, title V and is authorized to conduct blood lead analyses;
					 or
(2) an entity exempt from the
					 requirements of Public Health Law, article 5, title V pursuant to section
					 579(3) of that title, that holds a certificate of registration issued by the
					 department and is authorized to conduct blood lead analyses.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-3 - Reporting Of Blood Lead Levels › Section 67-3.2 - Reporting of elevated blood lead results by health care providers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All health care
					 providers shall assure that all of the information specified in section
					 67-3.1 
					 of this Subpart is completed for all blood lead analyses ordered by the health
					 care provider and that this information accompanies the sample to the testing
					 laboratory.
(b) All health care
					 providers shall notify the health officer having jurisdiction of the occurrence
					 of any blood lead level above 45 mcg/dL (micrograms per deciliter) in a child
					 less than 18 years of age within 24 hours of having been notified of this
					 result by the testing laboratory.
(c) For the purposes of this Subpart, health
					 care provider shall mean any health care practitioner who is authorized to
					 order a blood lead test and any facility licensed pursuant to article 28 of the
					 Public Health Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-3 - Reporting Of Blood Lead Levels › Section 67-3.3 - Special effective dates (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-4 - Lead Testing in School Drinking Water › Section 67-4.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart requires all school districts and boards of
						cooperative educational services, including those already classified as a
						public water system under 10 NYCRR Subpart 5-1, to test potable water for lead
						contamination and to develop and implement a lead remediation plan, where
						applicable.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-4 - Lead Testing in School Drinking Water › Section 67-4.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, the following terms shall have
						the stated meanings:
(a) Action level
					 means 5 micrograms per liter (µg/L) or parts per billion (ppb). Exceedance of
					 the action level requires a response, as set forth in this Subpart.
(b) Building means any structure, facility,
					 addition, or wing of a school that may be occupied by children or
					 students.
(c) Commissioner means
					 the State Commissioner of Health.
(d) Department means the New York State
					 Department of Health.
(e) Outlet
					 means a potable water fixture currently or potentially used for drinking or
					 cooking purposes, including but not limited to a bubbler, drinking fountain, or
					 faucets.
(f) Potable water means
					 water that meets the requirements of 10 NYCRR Subpart 5-1.
(g) School means any school district or board
					 of cooperative educational services (BOCES).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-4 - Lead Testing in School Drinking Water › Section 67-4.3 - Monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All schools
					 shall test potable water for lead contamination as required in this
					 Subpart.
(b) First-draw samples
					 shall be collected from all outlets, as defined in this Subpart. A first-draw
					 sample volume shall be 250 milliliters (mL), collected from a cold water outlet
					 before any water is used. The water shall be motionless in the pipes for a
					 minimum of 8 hours, but not more than 18 hours, before sample collection.
					 First-draw samples shall be collected pursuant to such other specifications as
					 the Department may determine appropriate.
(c) Monitoring. Schools shall collect
					 first-draw samples in accordance with subdivision (b) of this section by
					 December 21, 2025 or at an earlier time as determined by the commissioner.
					 Schools shall continue to collect first-draw samples at least every three years
					 thereafter or at an earlier time as determined by the commissioner. All such
					 sampling shall be conducted according to procedures as determined by the
					 commissioner. For buildings put into service after December 22, 2022, initial
					 first-draw samples shall be performed in accordance with subdivision (b) of
					 this section prior to occupancy.
(d) All first-draw samples shall be analyzed
					 by a laboratory approved to perform such analyses by the Department's
					 Environmental Laboratory Approval Program (ELAP).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-4 - Lead Testing in School Drinking Water › Section 67-4.4 - Response

Current through Register Vol. 46, No. 28, July 10, 2024
If the lead concentration of water at an outlet exceeds
						the action level, the school shall:
(a)
					 prohibit use of the outlet until:
(1) a lead
					 remediation plan is implemented to mitigate the lead level of such outlet;
					 and
(2) test results indicate that
					 the lead levels are at or below the action level;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-4 - Lead Testing in School Drinking Water › Section 67-4.5 - Public Notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Public Notification of testing and remediation plans.
(1) The school shall make available, on the
					 school's website, the results of all lead testing performed, including
					 laboratory reports, and lead remediation plans implemented pursuant to this
					 Subpart, as soon as practicable, but no more than six weeks after the school
					 received the laboratory reports.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-4 - Lead Testing in School Drinking Water › Section 67-4.6 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As soon as
					 practicable, but no more than 10 business days after the school received the
					 laboratory reports, the school shall report data relating to test results to
					 the Department, local health department, and State Education Department,
					 through the Department's designated statewide electronic reporting
					 system.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-4 - Lead Testing in School Drinking Water › Section 67-4.7 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
The school shall retain all records of test results, lead
						remediation plans, determinations that a building is lead-free, and waiver
						requests, for ten years following the creation of such documentation. Copies of
						such documentation shall be immediately provided to the Department, local
						health department, or State Education Department, upon
						request.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-4 - Lead Testing in School Drinking Water › Section 67-4.8 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A school may
					 apply to the local health department for a waiver from the testing requirements
					 of this Subpart, for a specific school, building, or buildings, by
					 demonstrating in a manner and pursuant to standards determined by the
					 Department, that:
(1) the school conducted
					 testing that substantially complied with the testing requirements of this
					 Subpart;
(2) any needed
					 remediation, including re-testing, has been performed; and
(3) the lead level in the potable water of
					 the applicable building outlets are currently below the action
					 level.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 67 - Lead Poisoning Prevention And Control › Subpart 67-4 - Lead Testing in School Drinking Water › Section 67-4.9 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon reasonable
					 notice to the school, an officer or employee of the Department or local health
					 department may enter any building for the purposes of determining compliance
					 with this Subpart.
(b) Where a
					 school does not comply with the requirements of this Subpart, the Department or
					 local health department may take any action authorized by law, including but
					 not limited to assessment of civil penalties as provided by law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 68 - Poison Control Network › Section 68.1 - New york state poison control network

Current through Register Vol. 46, No. 28, July 10, 2024
The New York State poison control network shall consist of
					 general hospitals that have been designated by the commissioner as regional
					 poison control centers.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 68 - Poison Control Network › Section 68.2 - Selection of regional poison control centers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall review poison
				  control activities at general hospitals in New York State and shall designate
				  no more than one such facility in each health systems agency (HSA) region as a
				  regional poison control center, based upon the following criteria:
(1) record of compliance with the rules and
				  regulations of this Title and expected compliance with the poison control
				  provisions of this Part;
(2)
				  location within the geographical distribution of persons to be
				  served;
(3) the need for expanded
				  poison control services in the area to be served;
(4) the extent to which current activities
				  performed by the facility relate to the provision of poison control services;
				  and
(5) the capacity of the
				  provider to deliver and coordinate poison prevention information and poison
				  treatment services in the region.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 68 - Poison Control Network › Section 68.3 - Standards for operation of a regional poison control center

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Services provided. A regional poison
				  control center shall receive or have a reasonable expectation of receiving not
				  less than 4,000 poison control calls per year and shall perform the following
				  functions:
(1) serve the population of the
				  designated service area;
(2)
				  provide expert information and consultation services to professional personnel
				  in the region on the diagnosis, treatment and management of any suspected or
				  actual poisoning(s);
(3) provide
				  information, emergency care, and referral services to the general
				  public;
(4) assure that tertiary
				  referral treatment centers willing to accept poison patients are identified for
				  the region;
(5) coordinate, develop
				  and monitor poison prevention and medical management programs for medical
				  professionals and the general public in the region;
(6) periodically report and/or conduct
				  investigations of new toxic risks and injuries, as indicated; and
(7) collect uniform data and engage in
				  research activity to enhance poison prevention and control
				  management.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 68 - Poison Control Network › Section 68.4 - Revocation of designation as a regional poison control center

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a facility
				  designated by the commissioner as a regional poison control center is
				  determined by the department to be out of compliance with the standards set
				  forth in this Part and such center remains out of compliance after follow-up
				  review of any plan of correction approved by the department, the commissioner
				  may revoke the designation of the facility as a regional poison control
				  center.
(b) The facility shall be
				  notified by the department in writing when revocation of the designation is
				  proposed.
(c) Within 15 days of the
				  receipt of the notice of proposed revocation, a facility wishing to contest the
				  proposed revocation shall submit to the department written documentation
				  demonstrating that the department's determination of noncompliance with
				  standards is in fact erroneous or that extraordinary conditions have existed
				  which have made compliance not feasible or not in the best interests of the
				  population of the region.
(d) The
				  facility shall be advised in writing of the department's decision on the
				  proposed revocation. The facility may appeal a decision revoking its
				  designation by submitting to the commissioner a written request for a hearing,
				  within 15 days of receipt to the department's decision on the proposed
				  revocation.
(e) If the commissioner
				  does not receive a request for a hearing as provided herein, the facility shall
				  be advised in writing that its designation is revoked.
(f) If the commissioner receives a written
				  request for a hearing within the 15- day period established herein, a hearing
				  shall be held in accordance with the provisions of Part 51 of this Title.
				  Issues at the hearing shall be limited to the findings of the original onsite
				  review, the center's plan for corrective action, if any, follow-up onsite
				  reviews and any additional information pertinent to center compliance presented
				  by either party to the action.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 68 - Poison Control Network › Section 68.5 - Reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A hospital
				  which has been designated as a regional poison control center shall submit an
				  annual budget indicating the costs of operating such center and shall identify
				  those costs associated with the provision of this service which are presently
				  reflected in the hospital base year cost report. The hospital shall keep
				  separate cost and statistical data related to the center for annual reporting
				  under general hospital accounting and reporting provisions of this Title. Costs
				  determined by the commissioner to be necessary and reasonable in order to
				  comply with the requirements of this Part shall be reimbursable and shall be
				  considered a specialized service eligible for a waiver of the maximum allowable
				  payment for emergency services as authorized pursuant to the Public Health Law.
				  Hospitals will be reimbursed based upon budget and cost data until the first
				  full year of expenditures is experienced.
(b) Regional poison control centers
				  requesting additional reimbursement for the operation of such centers shall
				  submit rate appeals and supporting documentation in accordance with the
				  provisions of Part 86 of this Chapter.
(c) The reasonable and necessary costs of the
				  following items related directly to operation of the poison control center
				  shall be considered by the commissioner to be reimbursable: personnel, computer
				  and data services, telephone services, travel, printing and publication,
				  audio-visual aids, outreach activities, plant and overhead, toxicology testing,
				  supplies and equipment, contractual services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 68 - Poison Control Network › Section 68.6 - Distributions from the health care initiatives pool for poison control center operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  monies available for distribution from the Health Care Initiatives (HCI) Pool
				  for poison control center operations shall be distributed on a semi-annual
				  basis in accordance with the methodology below:
(1) Population density by county, as
				  established by the latest available decennial census data for New York State
				  (NYS) as determined by the U.S. Census Bureau, shall be the basis for
				  allocating available HCI pool monies for distribution to the regional poison
				  control centers.
(2) Population
				  density applicable to the total county geographic area served by each regional
				  poison control center shall be determined and the center's percentage to total
				  NYS population density shall be calculated.
(3) Available HCI pool monies shall be
				  distributed proportionally to each regional poison control center based on the
				  center's percentage population density served to total NYS population
				  density.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-1 - Newborn Screening for Phenylketonuria and Other Diseases › Section 69-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a)
Administrative designee
means an individual employed by the hospital, and designated on a form
					 prescribed by the department, to assist with administrative aspects of
					 compliance with this Subpart and Subpart 69-6 of this Title, including but not
					 limited to storing, handling, collecting and transporting specimens.
(b)
Birth attendant
means
					 the physician, nurse practitioner, licensed midwife or other person who attends
					 a non-hospital birth and who is required to register the birth of a child
					 pursuant to section 4130  of the Public Health Law.
(c)
Chief executive officer
or
CEO
means the individual appointed by the governing body of
					 a hospital to manage the hospital and its health care services.
(d)
Department
means the New
					 York State Department of Health.
(e)
LAB I.D.
means the
					 unique specimen identifier included on the specimen collection form.
(f)
Medical designee
means a
					 licensed physician or other licensed healthcare provider employed by the
					 hospital, and designated on a form prescribed by the department, to receive and
					 act upon newborn screening program results in the absence of the responsible
					 provider.
(g)
Parent
means the newborn's parent, legal guardian or other
					 person legally responsible for the health and well-being of the
					 newborn.
(h)
Public health
					 officer
means the Commissioner of Health, public health director, or
					 equivalent officer of a county or of the City of New York.
(i)
Repeat specimen
means a
					 satisfactory specimen taken subsequent to an initial satisfactory
					 specimen.
(j)
Responsible
					 provider
means the physician or other licensed health care provider
					 named on the specimen collection form, or the newborn's primary health care
					 provider as identified to the testing laboratory.
(k)
Satisfactory specimen
means a blood specimen submitted to the testing laboratory on a complete and
					 legible specimen collection form prescribed by the department, collected
					 consistent with the guidance provided by the testing laboratory and submitted
					 in a condition suitable for testing.
(l)
Specialty care center
means a health care facility established under article 28 of the Public Health
					 Law that is approved and certified by the department to provide treatment
					 and/or services to children.
(m)
Specimen collection form
means the current FDA approved
					 medical device for blood specimen collection prescribed and provided by the
					 department for use in the newborn screening program.
(n)
Testing laboratory
means
					 the New York State Department of Health Wadsworth Center Newborn Screening
					 Program.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-1 - Newborn Screening for Phenylketonuria and Other Diseases › Section 69-1.2 - Diseases screened

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Unless a specific exemption is granted by the State Commissioner of Health,
					 screening pursuant to this Subpart shall be performed by the testing laboratory
					 and according to recognized clinical laboratory procedures.
(b) In accordance with section 2500-a  of the Public Health Law, the
					 State Commissioner of Health shall designate which diseases shall be screened
					 for and shall list such diseases on the department's website.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-1 - Newborn Screening for Phenylketonuria and Other Diseases › Section 69-1.4 - Responsibilities of the birth attendant

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever a newborn is born outside of a hospital, the
						birth attendant shall be responsible for the collection of a satisfactory
						specimen and shall ensure compliance with the following procedures:
(a) The birth attendant shall inform the
					 parent(s) of each newborn, of the purpose and need for newborn screening, and
					 shall provide newborn screening educational materials made available by the
					 department.
(b) Specimen collection
					 forms shall be properly stored in a cool and dry environment prior to
					 use.
(c) The birth attendant shall
					 collect a satisfactory specimen from every newborn between 24 and 36 hours
					 after birth, and shall submit the satisfactory specimen to the testing
					 laboratory within 24 hours of collection, except under the following
					 circumstances:
(1) If a newborn is transferred
					 to a hospital before 24 hours of age, the birth attendant shall collect an
					 initial satisfactory specimen from the newborn prior to transfer, submit the
					 satisfactory specimen to the testing laboratory, and provide written and/or
					 electronic notification to the receiving hospital that a specimen was
					 collected. The receiving hospital shall collect a repeat specimen from the
					 newborn between 48 and 72 hours after birth.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-1 - Newborn Screening for Phenylketonuria and Other Diseases › Section 69-1.5 - Duties of the responsible provider

Current through Register Vol. 46, No. 28, July 10, 2024
The responsible provider shall obtain initial screening
						results within 14 days of birth and shall ensure compliance with the following
						procedures:
(a) When notified by the
					 testing laboratory that a repeat specimen is required, the responsible provider
					 shall notify the parent(s) within one business day that a repeat specimen is
					 required from the newborn. The responsible provider, or his or her designee,
					 shall collect the repeat specimen, pursuant to guidance issued by the testing
					 laboratory, and submit it to the testing laboratory as soon as
					 practicable.
(b) Specimen
					 collection forms shall be properly stored in a cool and dry environment prior
					 to use.
(c) All specimens shall be
					 air dried thoroughly on a flat nonabsorbent surface for a minimum of three
					 hours prior to forwarding to the testing laboratory. All specimens shall be
					 forwarded to the testing laboratory within 24 hours of collection to ensure
					 delivery of specimens to the testing laboratory no later than 48 hours after
					 collection.
(d) If a satisfactory
					 specimen or repeat specimen is not collected due to newborn mortality, the
					 responsible provider shall submit a written and/or electronic notification to
					 the testing laboratory within five days after death.
(e) The responsible provider shall document
					 on the newborn's health record the LAB I.D., as it appears on the specimen
					 collection form, the date and time of specimen collection, and all screening
					 results. The responsible provider shall inform parents of the newborn screening
					 result.
(f) Except when a newborn
					 is under the care of a specialty care center, the responsible provider shall
					 report diagnostic evaluation and test results, case management information, and
					 follow-up reviews to the testing laboratory no later than 90 days following
					 receipt of testing laboratory test results. The responsible provider shall
					 arrange for a diagnostic evaluation and case management with an approved
					 specialty care center as necessary.
(g) Before performing any tasks relating to
					 collection of specimens, the responsible provider, and any staff under his or
					 her supervision performing specimen collection, shall complete comprehensive
					 specimen collection training, and shall complete such training annually
					 thereafter. The responsible provider shall retain documentation of all such
					 training.
(h) The responsible
					 provider shall establish written policies and procedures, which shall be
					 available for the department's review, for:
(1) the collection, storage, and shipping of
					 specimens; and
(2) the tracking and
					 disposition of test results.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-1 - Newborn Screening for Phenylketonuria and Other Diseases › Section 69-1.6 - Responsibilities of the public health officer

Current through Register Vol. 46, No. 28, July 10, 2024
Public health officers shall ensure collection of a
						satisfactory specimen when directed by the testing laboratory and shall ensure
						compliance with the following procedures:
(a) The public health officer shall inform
					 the newborn's parent(s) of the purpose and need for newborn screening, and
					 shall provide newborn screening educational materials made available by the
					 department.
(b) Specimen collection
					 forms shall be properly stored in a cool and dry environment prior to
					 use.
(c) All specimens shall be air
					 dried thoroughly on a flat nonabsorbent surface for a minimum of three hours
					 prior to forwarding to the testing laboratory. All specimens shall be forwarded
					 to the testing laboratory within 24 hours of collection to ensure delivery of
					 specimens to the testing laboratory no later than 48 hours after
					 collection.
(d) If a satisfactory
					 specimen or a repeat specimen is not collected due to newborn mortality, the
					 public health officer shall submit a written and/or electronic notification to
					 the testing laboratory within five days after death.
(e) The public health officer shall submit
					 all information required by the testing laboratory using an electronic format
					 determined by the department, provided that:
(1) specimen collection forms shall be
					 submitted as directed by the testing laboratory; and
(2) the public health officer may request an
					 exemption from electronic submission by demonstrating, to the department's
					 satisfaction, that the requirement imposes an undue burden.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-1 - Newborn Screening for Phenylketonuria and Other Diseases › Section 69-1.7 - Responsibilities of the specialty care center director

Current through Register Vol. 46, No. 28, July 10, 2024
The specialty care center director shall be responsible
						for submitting to the testing laboratory, within the time frame for each
						condition as directed by the testing laboratory, the diagnostic evaluation,
						test results and treatment plan for each newborn referred to the specialty care
						center based on the newborn screening panel results. The specialty care center
						director shall ensure compliance with the following procedures:
(a) The specialty care center shall provide
					 education, identify resources and any additional assistance to the newborn's
					 parent(s).
(b) The specialty care
					 center shall provide consultation and assistance to hospitals, responsible
					 providers, the testing laboratory and other health care providers upon
					 request.
(c) The specialty care
					 center shall provide initial and subsequent case information, case management,
					 treatment plan, specimens and other information for tracking and follow-up
					 reviews to the testing laboratory, when requested.
(d) The specialty care center shall submit
					 written and/or electronic notification to the testing laboratory 30 days prior
					 to the effective date of appointment of a new director or change in the
					 location of the specialty care center. Such information shall be provided on a
					 form prescribed by the department.
(e) The specialty care center shall provide
					 the testing laboratory with the names and contact information for all
					 personnel, annually, and within 90 days of any request from the testing
					 laboratory for such information. Such information shall be provided on a form
					 prescribed by the department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-1 - Newborn Screening for Phenylketonuria and Other Diseases › Section 69-1.8 - Follow-up review, tracking and educational activities

Current through Register Vol. 46, No. 28, July 10, 2024
The testing laboratory may:
(a) request case follow-up information from
					 hospitals, birth attendants, responsible providers and specialty care
					 centers;
(b) record diagnoses and
					 case follow-up information;
(c)
					 maintain tracking records on identified cases; and
(d) provide educational activities and
					 materials.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-1 - Newborn Screening for Phenylketonuria and Other Diseases › Section 69-1.9 - Inapplicability of this Subpart

Current through Register Vol. 46, No. 28, July 10, 2024
The testing requirements of this Subpart shall not apply
						if the chief executive officer of a hospital providing care to the newborn or
						the newborn's birth attendant determines that the newborn's parent(s) hold
						genuine and sincere religious beliefs contrary to the testing required by this
						Subpart, and the parent(s) have provided satisfactory written documentation of
						such religious beliefs. In such instances, within five days of a newborn's
						birth the chief executive officer or birth attendant shall submit such
						documentation to the testing laboratory, along with an attestation that the
						parent(s) received education regarding the benefits of newborn
						screening.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-2 - Umbilical Cord Blood Testing › Section 69-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Responsible physician
means the physician or other licensed
					 health care provider named on the specimen collection form, the infant's
					 primary health care provider, if different, or the hospital staff physician as
					 designated by the chief executive officer and identified to the approved
					 laboratory.
(b)
Birth
					 attendant
means the physician or licensed midwife who attends a
					 nonhospital birth.
(c)
Chief executive officer
means the person who acts as the
					 administrative officer of the institution and who is responsible to the
					 licensed governing body for overall management of the institution providing
					 birthing services.
(d)
Responsible institution
means the hospital or diagnostic and
					 treatment center providing birthing services.
(e)
Approved laboratory
means a laboratory approved by the department, or in the City of New York by
					 the department of Health of such city, for the purpose as herein
					 provided.
(f)
Standard
					 serological tests for syphilis
are tests generally recognized as such,
					 as determined by the department, or in the City of New York by the department
					 of Health of such city. All blood samples shall be tested initially by a
					 quantitative nontreponemal test; any specimen reactive in the nontreponemal
					 test shall also have a treponemal test performed on the same sample.
(g)
Satisfactory specimen
means a specimen received by the approved laboratory in a condition suitable
					 for testing.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-2 - Umbilical Cord Blood Testing › Section 69-2.2 - Cord blood test for syphilis

Current through Register Vol. 46, No. 28, July 10, 2024
Every responsible physician or birth attendant shall
						acquire from all infants born, whether alive or dead after 22 weeks gestation,
						a sample of blood from the umbilical cord and submit it to an approved
						laboratory for standard serological tests for syphilis. If body blood from the
						mother is tested for syphilis at the time of birth, the cord blood test
						requirement shall be waived if the infant's body blood is tested after any
						positive test result of the mother's blood.