reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Licensure › Section 89.11 - Denial of licensure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
					 the department determines that an applicant is ineligible for licensure
					 pursuant to this Part, the department shall provide writ- ten notice to the
					 applicant of the determination, the reasons therefor and information regarding
					 his/her rights to petition.
(b) An
					 applicant who has been denied licensure may petition the department, within 30
					 days of notification of the denial, for a review thereof. If the commissioner
					 or his or her designee decides in his/her discretion that a hearing should be
					 held, the petitioner shall be entitled to all the rights of a respondent
					 specified in subdivisions 2, 3, and 4 of section 3511  of the Public Health Law.
(c) Where an applicant has been denied
					 licensure, the department may, after the expiration of two years or upon the
					 granting to the applicant of a pardon or of a certificate of good conduct, or
					 of a certification of relief from disability, entertain a new application for
					 examination.
(d) Where an applicant
					 is a defendant in a pending criminal proceeding under charges for an offense
					 that bears a direct relationship to the practice of radiologic technology, the
					 department may withhold the final determination of eligibility for a license
					 pending the outcome of the proceeding.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Licensure › Section 89.12 - Issuance of a temporary permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 temporary permit is a document issued by the department that allows an
					 individual who qualifies under section 3505  of the Public Health Law to practice
					 radiologic technology pending an examination. The permit shall be in effect for
					 180 days from the date of issue. It shall expire 10 days after notification by
					 an accrediting organization that the individual has failed to pass the
					 qualifying examination. An individual with a temporary permit does not qualify
					 for intravenous contrast administration certification.
(b) The department may issue a temporary
					 permit to an applicant who has been discharged from active duty with the Armed
					 Forces of the United States or has satisfactorily completed an accredited
					 course of study located outside of the State of New York, within one year
					 preceding the date of application, who otherwise qualifies for admission to
					 examination and provides a copy of the examination admission letter from an
					 approved accrediting organization.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Registration and Continuing Education › Section 89.20 - Registration and continuing education

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 person licensed pursuant to this Part must obtain a certificate of registration
					 from the department prior to practicing radiology in this State. The department
					 shall register each licensee who submits a completed registration application
					 on a form supplied by the department, pays a fee of $20 per year, and provides
					 evidence of completion of any continuing education requirements required by
					 this section. Every practicing radiologic technologist shall have available for
					 review by the department or other interested parties at all places of
					 employment a copy of his/her current certificate of registration.
(b) Each registration shall authorize a
					 licensee to practice radiologic technology for a period of up to four years and
					 terminate on the registrant's birth date.
(c) Beginning January 1, 2010, each
					 radiologic technologist, when applying to register pursuant to subdivision (a)
					 of this section, must provide evidence of continuing education equivalent to 12
					 credit hours for each year of the registration cycle or 48 credit hours for a
					 four year registration period. The 48 credits may be completed any time during
					 the 48 months preceding the start of the renewal period.
(d) Notwithstanding any provision herein to
					 the contrary, the department may waive the continuing education requirement of
					 a licensee who has recently completed an education program in radiologic
					 technology pursuant to section
					 89.10(a)(2) 
					 of this Part, and is applying for registration for the first time. Thereafter,
					 to reregister the radiologic technologist must provide evidence of the
					 continuing education credits in accordance with subdivision (c) of this
					 section.
(e) All continuing
					 education credits must be approved by an accrediting organization approved by
					 the department.
(f) A copy of a
					 current certificate of registration from an accrediting organization approved
					 by the department is acceptable evidence to meet the continuing education
					 requirement.
(g) The department may
					 issue a conditional registration to a registrant who does not meet the
					 continuing education requirements of this section provided that such applicant
					 agrees to correct the deficiency within the conditional registration period, in
					 addition to their regular continuing education to be applied to the next
					 registration cycle.
(1) Conditional
					 registrations shall be for no more than 180 days and shall not be
					 renewable.
(2) Failure to complete
					 the required continuing education credits may be considered unethical conduct
					 by the department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Registration and Continuing Education › Section 89.21 - 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 M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Registration and Continuing Education › Section 89.25 - 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 M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Registration and Continuing Education › Section 89.26 - 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 M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Registration and Continuing Education › Section 89.27 - 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 M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Registration and Continuing Education › Section 89.28 - 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 M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Registration and Continuing Education › Section 89.29 - 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 M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Exempt Persons › Section 89.30 - Persons exempt

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Dental assistants.
(1) A person acting as a
					 dental assistant shall be exempt from licensure as a radiologic technologist
					 when operating the following equipment under the supervision of a dentist for
					 the sole purpose of routine oral radiography in which the X-ray beam is limited
					 to the patient's head:
(i) conventional
					 radiographic dental equipment in which the diameter of the X-ray beam at the
					 patient's face is limited to not more than three inches;
(ii) panoramic radiographic dental equipment;
					 and
(iii) conebeam computed
					 tomography equipment after demonstrating satisfactory completion of a training
					 program approved by the department or one provided by the equipment
					 manufacturer. Conebeam computed tomography equipment must be performed under
					 the direct supervision of a dentist.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Intravascular Contrast Media Injection › Section 89.40 - Intravascular contrast media injection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department may issue a certificate to
					 administer contrast media intravenously to a licensed and registered radiologic
					 technologist who fulfills the following requirements in a manner acceptable to
					 the department:
(1) submits an application on
					 a form provided by the department;
(2) submits documentation demonstrating
					 satisfactory completion of an educational program, approved by the department,
					 that offers education and training concerning venipuncture of a person's upper
					 extremity in a safe and effective manner, anatomy and physiology of
					 venipuncture sites, venipuncture instruments, intravenous solutions and related
					 equipment, techniques of intravenous line establishment, hazards and
					 complications of venipuncture, post puncture care, the composition and purpose
					 of an anti-anaphylaxis tray, and the recognition of adverse reactions to
					 intravenous administration of contrast media; and
(3) has satisfactorily completed training in
					 cardiopulmonary resuscitation in a course sponsored by the American Red Cross,
					 the American Heart Association or other sponsoring institution approved by the
					 department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Intravascular Contrast Media Injection › Section 89.45 - 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 M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Intravascular Contrast Media Injection › Section 89.50 - 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 N - Professional Medical And Dental Services › Part 91 - Excess Liability Insurance Pool: Physicians And Dentists › Section 91.2 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Physicians and dentists who have professional privileges in a general hospital
				  providing emergency medical care and who, from time to time, provide emergency
				  medical care in such hospital, and who wish to avail themselves of the excess
				  malpractice insurance coverage or equivalent excess coverage, shall submit a
				  request in writing to the hospital with which the physician or dentist is
				  primarily affiliated, as determined pursuant to this section, by October 24,
				  1986 for the period July 1, 1986 through June 30, 1987 and in accordance with
				  notices issued by the pool administrator for annual periods beginning July 1st,
				  thereafter, for certification of eligibility for purchase of excess malpractice
				  insurance coverage or equivalent excess coverage as defined in section
				  91.1 
				  of this Part. This request shall contain appropriate documentation and
				  assurances that the required primary insurance is in force and will be
				  maintained. This request shall set forth the number of admissions for each
				  hospital where the physician or dentist has admitting privileges and the number
				  of consultative visits for each hospital where he/she provides such services.
				  If the physician or dentist has professional privileges in more than one
				  general hospital, then the physician or dentist shall designate and submit the
				  request for certification to the general hospital with which he/she is
				  primarily affiliated. Primary affiliation shall be determined based on such
				  factors as the number of hospital admissions or consultative services in the
				  designated hospital in the immediate preceding fiscal year compared with
				  hospital admissions and/or services for such period in other general hospitals
				  in which the physician or dentist, from time to time, provides emergency
				  medical or dental care to persons who require such care.
(b)
(1) A
				  physician or dentist should designate as his/her primary affiliation that
				  facility where the practitioner has the majority of admissions and/or
				  consultative services.
(2) A
				  physician or dentist may, however, provide an alternative designation. If
				  another facility is so designated, the physician or dentist shall provide a
				  justification in the written request for certification of eligibility as to the
				  reason for the alternative designation.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter N - Professional Medical And Dental Services › Part 91 - Excess Liability Insurance Pool: Physicians And Dentists › Section 91.4 - Pool administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The Superintendent of Insurance and the Commissioner of Health shall establish
				  and monitor the hospital excess liability pool consisting of funds made
				  available from payments by or on behalf of general hospitals of a portion of
				  general hospital inpatient rates and the amount allocated to charge payors
				  determined in accordance with section
				  91.3(b) 
				  of this Part and from payments by general hospitals determined in accordance
				  with subdivision (e) of this section to reflect the cost of excess malpractice
				  insurance coverage or equivalent excess coverage and for malpractice premiums
				  subsequent to July 1, 1991 including funds made available pursuant to statute
				  (see Chapter 266 of the Laws of 1991 and any amendments thereto).
(b) The pool administrator(s) designated by
				  the Superintendent of Insurance and the Commissioner of Health shall receive
				  funds for the pool and purchase a policy or policies for excess malpractice
				  insurance coverage or equivalent excess coverage for eligible physicians and
				  dentists in accordance with this Part or reimburse the hospital where the
				  hospital purchases equivalent excess coverage for eligible physicians or
				  dentists participating in a voluntary attending physician (channeling) program.
				  The pool administrator(s) shall be reimbursed for reasonable and necessary pool
				  administration costs, as determined by the Superintendent of Insurance and
				  Commissioner of Health, from pool funds including investment income of the
				  pool.
(c)
(1) Prior to July 1, 1991, each of the major
				  third-party payors (Medicaid and Insurance Law article 43 and Public Health Law
				  article 44 corporations) shall contribute monthly to the hospital excess
				  liability pool based on their proportionate share of the costs of excess
				  malpractice insurance coverage or equivalent excess coverage as determined in
				  accordance with this Part.
(2) On
				  and after July 1, 1991, Insurance Law article 43 and Public Health Law article
				  44 corporations shall contribute monthly to the hospital excess liability pool
				  based on their proportionate share of the costs of excess malpractice insurance
				  coverage or equivalent excess coverage as determined in accordance with this
				  Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 92 - Infection Control Requirements › Subpart 92-1 - Physicians, Registered Physician Assistants And Specialist Assistants: Required Course Work Or Training In Infection Control And Barrier Precautions Every Four Years › Section 92-1.1 - Course work or training

Current through Register Vol. 46, No. 28, July 10, 2024
Course work or training in infection control and barrier
						precautions for physicians, registered physician assistants (SAs) and
						specialist assistants (PAs) as sufficient to satisfy the requirement of Public
						Health Law section 238, shall contain the core content which is specified in a
						syllabus prepared by the Department of Health (DOH) in consultation with the
						Department of Education, including course work or training in basic concepts of
						disease transmission, scientifically accepted principles and practices for
						infection control and engineering and work practice controls.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 92 - Infection Control Requirements › Subpart 92-1 - Physicians, Registered Physician Assistants And Specialist Assistants: Required Course Work Or Training In Infection Control And Barrier Precautions Every Four Years › Section 92-1.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
Persons or organizations, other than DOH regulated health
						care facilities, including home health care agencies, wishing to provide such
						course work or training to physicians, PAs, and SAs must submit an application
						to DOH for review and approval, on forms prescribed by the commissioner. The
						department may request additional information from the applicant and conduct
						site visits. DOH regulated health care facilities, including home health care
						agencies, wishing to provide such course work or training to physicians, PAs
						and SAs must inform the department in a manner as prescribed by the
						commissioner.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 92 - Infection Control Requirements › Subpart 92-1 - Physicians, Registered Physician Assistants And Specialist Assistants: Required Course Work Or Training In Infection Control And Barrier Precautions Every Four Years › Section 92-1.3 - Provider competency

Current through Register Vol. 46, No. 28, July 10, 2024
Persons or organizations seeking approval, other than DOH
						regulated health care facilities, including home health care agencies, shall
						document their expertise and competence to communicate the course materials and
						document that course work or training shall be supported by adequate
						facilities, equipment and other physical resources. Such facilities and
						agencies are deemed competent to provide training and education on infection
						control, unless they are subject to a denial or termination as provided for in
						section
						92-1.5  of
						this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 92 - Infection Control Requirements › Subpart 92-1 - Physicians, Registered Physician Assistants And Specialist Assistants: Required Course Work Or Training In Infection Control And Barrier Precautions Every Four Years › Section 92-1.4 - Approval period

Current through Register Vol. 46, No. 28, July 10, 2024
The department may approve for a six-year period the
						course work or training as submitted by an organization or
						person.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 92 - Infection Control Requirements › Subpart 92-1 - Physicians, Registered Physician Assistants And Specialist Assistants: Required Course Work Or Training In Infection Control And Barrier Precautions Every Four Years › Section 92-1.5 - Denial or termination

Current through Register Vol. 46, No. 28, July 10, 2024
A determination by the department that course work or
						training offered is inadequate or incomplete shall result in the denial or
						termination of departmental approval.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 92 - Infection Control Requirements › Subpart 92-1 - Physicians, Registered Physician Assistants And Specialist Assistants: Required Course Work Or Training In Infection Control And Barrier Precautions Every Four Years › Section 92-1.6 - Certificate of completion

Current through Register Vol. 46, No. 28, July 10, 2024
Persons or organizations engaged in training and
						education pursuant to this Subpart shall supply each participant who has
						completed a course with a certificate of completion, as specified by the
						commissioner, within 21 days and shall maintain a record for six years of
						participants who complete the work or training.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 92 - Infection Control Requirements › Subpart 92-1 - Physicians, Registered Physician Assistants And Specialist Assistants: Required Course Work Or Training In Infection Control And Barrier Precautions Every Four Years › Section 92-1.7 - Certificate of retention

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that an approved person or organization
						discontinues offering course work or training, a record of certifications shall
						be retained in a manner approved by the department for six years from the date
						of issuance.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 92 - Infection Control Requirements › Subpart 92-1 - Physicians, Registered Physician Assistants And Specialist Assistants: Required Course Work Or Training In Infection Control And Barrier Precautions Every Four Years › Section 92-1.8 - Submission of documentation to the department

Current through Register Vol. 46, No. 28, July 10, 2024
Physicians, PAs and SAs must submit documentation of
						course completion to DOH, except that such persons holding privileges or
						affiliated with or employed by DOH regulated health care facilities, including
						home health care agencies, need not submit documentation of course completion
						to the department. DOH regulated health care facilities, including home health
						care agencies, shall maintain documentation in credentialing or employment
						files of such infection control training and education of physicians, PAs and
						SAs.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 92 - Infection Control Requirements › Subpart 92-1 - Physicians, Registered Physician Assistants And Specialist Assistants: Required Course Work Or Training In Infection Control And Barrier Precautions Every Four Years › Section 92-1.9 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
The department may grant an exemption from such training
						and education to: physicians, PAs and SAs when the professional demonstrates to
						the department's satisfaction that:
(a) no need exists to complete the course
					 work or training due to the nature of his/her practice; or
(b) he/she has completed equivalent course
					 work or training.
No need to complete course work or training exists when
						health professionals are in settings where they do not provide direct patient
						care, do not have responsibility for supervising staff who provide direct
						patient care or reprocess used patient care equipment, or do not perform
						services to which these standards would be expected to apply, or when the
						professional does not practice in New York State. A physician, a PA or SA who
						has been granted an exemption shall notify the department in writing of any
						change in the nature of his or her practice within 30 days of the occurrence of
						such change. The physician, PA or SA shall then obtain necessary course work or
						training within 90 days of the change in practice.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 92 - Infection Control Requirements › Subpart 92-1 - Physicians, Registered Physician Assistants And Specialist Assistants: Required Course Work Or Training In Infection Control And Barrier Precautions Every Four Years › Section 92-1.10 - Equivalencies

Current through Register Vol. 46, No. 28, July 10, 2024
Equivalent training or course work shall be that training
						or course work which covers the concepts of disease transmission,
						scientifically accepted principles and practices for infection control, and
						engineering and work practice control as detailed in the syllabus. Equivalent
						course work or training must emphasize the bidirectional aspect of disease
						transmission.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 92 - Infection Control Requirements › Subpart 92-2 - Physicians, Registered Physician Assistants And Specialist Assistants Required Use Of Infection Control Practices › Section 92-2.1 - Required use of infection control practices

Current through Register Vol. 46, No. 28, July 10, 2024
For physicians, registered physician assistants and
						specialist assistants, the definition of unprofessional conduct shall include
						the failure to use scientifically accepted infection control practices to
						prevent transmission of disease pathogens from patient to patient, physician to
						patient, registered physician or specialist assistant to patient, employee to
						patient, and patient to employee, as appropriate to physicians, registered
						physician assistants and specialist assistants. Such practices shall
						include:
(a) adherence to
					 scientifically accepted standards for: handwashing; aseptic technique; use of
					 gloves and other barriers for preventing bi-directional contact with blood and
					 body fluids; thorough cleaning followed by sterilization or disinfection of
					 medical devices; disposal of nonreusable materials and equipment; and cleaning
					 between patients of objects that are visibly contaminated or subject to touch
					 contamination with blood or body fluids;
(b) use of scientifically accepted injury
					 prevention techniques or engineering controls to reduce the opportunity for
					 patient and employee exposures; and
(c) performance monitoring of all personnel,
					 licensed or unlicensed, for whom the licensee is responsible regarding
					 infection control techniques.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 93 - Improper Practices In Hospital Staff Appointments And Extension Of Professional Privileges › Section 93.1 - Filing of complaint

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  person claiming to be aggrieved by an improper practice as defined in
				  subdivision 1 of section 2801-b  of the Public Health Law may, be
				  himself/herself or his/her attorney, file with the Public Health Council a
				  written complaint which satisfies all of the requirements set forth in section
				  93.2  of
				  this Part. The complaint must be signed and verified by the complainant
				  personally, or by his/her attorney if the material allegations of the complaint
				  are within the attorney's personal knowledge.
(b) At the time such complaint is filed with
				  the Public Health Council, a copy of the entire complaint, including all
				  attachments and related exhibits, must be filed with the hospital alleged to
				  have committed the improper practice.
(c) An affirmation by the complainant stating
				  that he or she has provided the hospital with a copy of the entire complaint
				  must accompany the complaint being filed with the Public Health
				  Council.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 93 - Improper Practices In Hospital Staff Appointments And Extension Of Professional Privileges › Section 93.2 - Contents of complaint

Current through Register Vol. 46, No. 28, July 10, 2024
The complaint shall set forth:
(a) the name and address of the
				  complainant;
(b) his or her
				  professional qualifications;
(c)
				  the name and address of the hospital whose governing body is alleged to have
				  committed the improper practice identified in the complaint;
(d) the staff appointment or professional
				  privileges which are the subject of the complaint; and
(e) a detailed statement of the alleged
				  improper practice.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 93 - Improper Practices In Hospital Staff Appointments And Extension Of Professional Privileges › Section 93.3 - Investigation

Current through Register Vol. 46, No. 28, July 10, 2024
After receipt of any such complaint, the Public Health
					 Council shall promptly initiate an investigation of the complaint. The Public
					 Health Council will send notice to the hospital that it will conduct an
					 investigation in connection with such complaint. The council may dismiss a
					 complaint, or a portion of a complaint that raises issues which do not fall
					 within the scope of section 2801-b  of the Public Health Law. In such
					 instance, the Public Health Council shall notify the complainant and hospital
					 of the reasons for such dismissal.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 93 - Improper Practices In Hospital Staff Appointments And Extension Of Professional Privileges › Section 93.4 - Response by the hospital

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  hospital shall provide the Public Health Council with a response to the
				  complaint no later than 30 days from receipt of the notice sent to the hospital
				  by the Public Health Council.
(b)
				  At the time the hospital response is filed with the Public Health Council, the
				  hospital must also provide the complainant with a complete copy of the hospital
				  response.
(c) An affirmation by the
				  hospital, stating that the hospital has provided the complainant with a copy of
				  the entire hospital response, must accompany the information transmitted to the
				  Public Health Council.
(d) Further
				  information may be provided by the complainant and/or the hospital only upon
				  the request or with the permission of the Public Health Council. If such
				  information is provided, a copy shall be sent by the party providing the
				  information to the opposing party.
(e) The hospital shall treat its responses to
				  the complaint as confidential.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 93 - Improper Practices In Hospital Staff Appointments And Extension Of Professional Privileges › Section 93.5 - Action by the public health council

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the Public Health Council shall
				  determine, after investigation, that cause exists for crediting the allegations
				  of the complaint, the Public Health Council shall promptly advise the
				  complainant and the governing body of the hospital, against which the complaint
				  was made, of its findings, the reasons for crediting the allegations of the
				  complaint and direct the governing body of the hospital to review its
				  actions.
(b) If the Public Health
				  Council shall determine after investigation, that cause does not exist for
				  crediting the allegations of the complaint, the Public Health Council shall
				  promptly notify the complainant and the governing body of the hospital against
				  which the complaint was made of its findings and reasons for not crediting the
				  allegations of the complaint.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 94 - Physician Assistants And Specialist Assistants › Section 94.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a)
Licensed physician
				  assistant
means an individual who is currently licensed as a physician
				  assistant by the New York State Department of Education.
(b)
Registered specialist
				  assistant
means an individual who is currently registered as a
				  specialist assistant by the New York State Department of Education.
(c)
Hospital
means an
				  institution or facility possessing a valid operating certificate issued
				  pursuant to article 28 of the Public Health Law and authorized to employ
				  physician assistants pursuant to part 707 of the State Hospital Code.
(d)
Physician
means a
				  practitioner of medicine licensed to practice medicine pursuant to article 131
				  of the Education Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 94 - Physician Assistants And Specialist Assistants › Section 94.2 - Supervision and scope of duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  licensed physician assistant or a registered specialist assistant may perform
				  medical services but only when under the supervision of a physician. Such
				  supervision shall be continuous but shall not necessarily require the physical
				  presence of the supervising physician at the time and place where the services
				  are performed. The licensed physician assistant or registered specialist
				  assistant shall retain records documenting the continuous supervision by the
				  physician who is responsible for such supervision.
(b) Medical acts, duties and responsibilities
				  performed by a licensed physician assistant or registered specialist assistant
				  must:
(1) be assigned to him or her by the
				  supervising physician;
(2) be
				  within the scope of practice of the supervising physician; and
(3) be appropriate to the education, training
				  and experience of the licensed physician assistant or registered specialist
				  assistant.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.1 - Filing of complaint

Current through Register Vol. 46, No. 28, July 10, 2024
A person claiming to be aggrieved by an unlawful
					 discriminatory practice as defined in subdivision 1 of section 206-a  of the Public Health Law may file
					 with the commissioner at the principal office of the department a written
					 complaint signed and verified by the complainant personally, or by his attorney
					 if the material allegations of the complaint are within the attorney's personal
					 knowledge.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.2 - Contents of complaint

Current through Register Vol. 46, No. 28, July 10, 2024
The complaint shall set forth the name and address of the
					 complainant, his professional qualifications, the name and address of the
					 hospital whose governing body is alleged to have committed the unlawful
					 discriminatory practice complained of, the staff membership or the professional
					 privileges sought by the complainant, a statement in detail of the alleged
					 unlawful discriminatory practice, and the medical group practice or nonprofit
					 health insurance plan participated in by the complainant.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.3 - Initial investigation

Current through Register Vol. 46, No. 28, July 10, 2024
The complaint shall be investigated promptly by a deputy
					 commissioner or other officer of the department delegated by the commissioner
					 or his duly authorized representative. If the investigating officer shall
					 determine that the complaint does not state facts sufficient to constitute a
					 charge of unlawful discriminatory practice or, after investigation, that
					 probable cause does not exist for crediting the allegations of the complaint,
					 he shall so advise the commissioner who, in his discretion, may issue and cause
					 to be served on the complainant and the respondent hospital governing body a
					 notice of dismissal of the complaint.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.4 - Preliminary conference

Current through Register Vol. 46, No. 28, July 10, 2024
If the investigating officer shall determine after
					 investigation that probable cause exists for crediting the allegations of the
					 complaint, he shall by conference with the parties endeavor to accomplish a
					 voluntary elimination of the unlawful discriminatory practice involved in the
					 complaint. If the respondent voluntarily ceases and desists from the unlawful
					 discriminatory practice, the commissioner shall issue an order terminating the
					 proceeding upon such terms and conditions as he shall deem
					 proper.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.5 - Notice of complaint

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that the unlawful discriminatory practice is
					 not eliminated voluntarily, or prior to such elimination if the commissioner
					 deems it advisable to do so, the commissioner shall cause to be issued and
					 served on such member or members of the respondent hospital governing body as
					 he shall consider appropriate, a written notice with a copy of the complaint,
					 as it may have been amended, requiring the person served to answer the
					 complaint and to appear at a hearing before the commissioner or a hearing
					 officer designated by him, other than the investigating officer, at a place
					 specified in the notice and at a specified time which shall be not less than 20
					 days subsequent to the issuance of the notice.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.6 - Time for answer

Current through Register Vol. 46, No. 28, July 10, 2024
The respondent hospital governing body may, at least five
					 days prior to the date specified in the notice of hearing, file a written
					 verified answer to the complaint and serve a copy thereof upon the complainant
					 personally or by mail addressed to the complainant at his address as set forth
					 in the complaint.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.7 - Pre-hearing procedures

Current through Register Vol. 46, No. 28, July 10, 2024
At a pre-hearing conference or at any other time on motion
					 of any party, or on motion of the hearing officer, on notice to the parties,
					 and upon such terms and conditions as in the discretion of the hearing officer
					 may seem proper, the hearing officer may:
(a) order or allow a party to serve an
				  amended complaint or answer;
(b)
				  direct pre-trial disclosure of evidence and discovery and inspection of books,
				  records and documents;
(c) permit
				  the taking of depositions for use at the hearing;
(d) limit or restrict the number of experts
				  to be heard as witnesses;
(e)
				  clarify and define the issues to be tried;
(f) adjourn the hearing to such times and
				  places as he shall deem proper.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.8 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner or any person designated by him for the
					 purpose may issue subpoenas and administer oaths in connection with any
					 investigation or hearing conducted under section 206-a  of the Public Health Law and shall
					 issue subpoenas at the request of and in behalf of a party.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.9 - Conduct of the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
At the hearing the complainant and the respondent may
					 appear personally or otherwise and shall have the right of counsel, to
					 cross-examine witnesses and to produce evidence and witnesses in his or its
					 behalf. Thew technical rules of evidence shall be dispensed with in the conduct
					 of the hearing.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.10 - Stenographic record

Current through Register Vol. 46, No. 28, July 10, 2024
A stenographic record shall be made by the hearing. Upon
					 request, a transcript will be made available for examination. Copies may be
					 procured upon payment of the charge therefor.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.11 - Decision of hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing officer shall state his findings of fact in a
					 written decision based upon a consideration of all the evidence in the record.
					 The hearing officer shall file his decision with the commissioner within 30
					 days of the conclusion of the hearing.