New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 1 - General › Part 404 - INTEGRATED OUTPATIENT SERVICES › Section 404.12 - Staffing

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