OTHER MEASURES FOR PUBLIC PROTECTION

Section 2.50 - Handling of food forbidden in certain cases

OTHER MEASURES FOR PUBLIC PROTECTION

2.50 Handling of food forbidden in certain cases. (a) No person who suffers from cholera, amebiasis, shigellosis, superficial staphylococcal infection, streptococcal sore throat (including scarlet fever), salmonellosis, giardiasis, infectious hepatitis, poliomyelitis, diphtheria, tuberculosis, yersiniosis, or typhoid, or is a carrier of the organisms causing amebiasis or shigellosis, salmonella infection or typhoid, or who, in the judgement of the local health officer, is suffering from acute infectious diarrhea shall serve or handle in any manner whatsoever, food intended for sale.

(b) No person shall engage in the handling of milk, dairy products or other foods until clinical recovery from salmonella or shigella infection and until two successive specimens of intestinal discharges, passed not less than one week after the week of onset and at intervals not less than 24 hours, shall have been examined in an approved laboratory or in the laboratory of the State Department of Health and no salmonella or shigella organisms shall have been found.

Effective Date: 
Wednesday, February 23, 1994
Doc Status: 
Complete

Section 2.51 - Destruction of foods in certain cases

2.51 Destruction of foods in certain eases. When a case of diphtheria, streptococcal sore throat (including scarlet fever), superficial staphylococcal infection, amebiasis or shigellosis, salmonellosis, infectious hepatitis, poliomyelitis or typhoid exists on any farm or dairy producing milk, cream, butter, cheese, or other foods likely to be consumed raw, the State Commissioner of Health or the city, county or district health officer may destroy or order the destruction of any such foods which in his opinion may have been infected.
 

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Section 2.52 - Sale of food forbidden in certain cases

2.52 Sale of food forbidden in certain cases. When a case of diphtheria, streptococcal sore throat (including scarlet fever), shigellosis (bacillary dysentery), salmonella infection (including paratyphoid fever), or typhoid fever exists on any farm or dairy producing milk, cream, butter, cheese, or other milk products, no such substances shall be sold or delivered from such farm or dairy, except to a plant in which all the milk, cream or milk products before delivery to the consumer, are:

(a) pasteurized; or

(b) made into evaporated milk, condensed milk, dried milk, butter or cheese, in the process of which the milk or the product undergoes heating equivalent to pasteurization; or

(c) made into cheese which is allowed to ripen or cure at a temperature of not less than 35 degrees Fahrenheit for a period of not less than 60 days.
 

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Section 2.53 - Cleansing, renovation or disinfection, when required

2.53 Cleansing, renovation or disinfection, when required. Adequate cleansing, renovation or disinfection of rooms, furniture, clothing and belongings when deemed necessary by the health officer or required by the Public Health Law or by this Chapter shall immediately follow release, death or removal of a person affected with a communicable disease. Such cleansing, renovation or disinfection shall be done under the direction of the health officer. Furniture, bedding, clothing, carpets, rugs or other articles which may have been contaminated with infective material and which are of such nature or in such condition that they cannot, in the opinion of the health officer, be properly cleansed or disinfected, shall upon his order be destroyed in the manner designated by him.
 

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Section 2.54 - Duties of undertakers

2.54 Duties of undertakers. (a) It shall be the duty of every person taking charge of the preparation for burial of the body of any person to ascertain whether such person died of a communicable disease, and if such person died of plague, it shall be his duty to cause it promptly to be placed in a coffin or casket, which shall then be immediately and permanently closed. This section shall not be construed to prohibit the embalming of any such body, but if the body is to be embalmed the undertaker shall cause such embalming to be done immediately upon taking charge of the body. Immediately after the embalming he shall cause such body to be placed in a coffin or casket as hereinabove directed.

(b) After handling, embalming, or preparing for burial the body of a person dead of a communicable disease, such parts of the person's garments, and utensils or other articles of the undertaker or his assistants, as may have been liable to contamination with infective material, shall be immediately cleansed or disinfected or sterilized.
 

Effective Date: 
Wednesday, February 23, 1994
Doc Status: 
Complete

Section 2.55 - Subcutaneous or intradermal diagnostic tests administered by individuals other than health care practitioners licensed under Title 8 of the Education Law

2.55 Subcutaneous or intradermal diagnostic tests administered by individuals other than health care practitioners licensed under Title 8 of the Education Law. (a) As part of any approved public health program, an individual other than a health care practitioner licensed under Title 8 of the Education Law may administer subcutaneous or intradermal diagnostic tests, including but not limited to tuberculin and histoplasmin tests, when so authorized by the State Commissioner of Health or local health officer.

(b) Before individuals may administer subcutaneous or intradermal diagnostic tests as provided in subdivision (a) of this section they must have received training satisfactory to the State Commissioner of Health or local health officer to include techniques, indications, precautions and contraindications in the use of the agent or agents and techniques of administration.

(c) The State Commissioner of Health or local health officer shall maintain a current list of all individuals whose training is satisfactory to him for the administration of subcutaneous or intradermal diagnostic tests under his direction.
 

Effective Date: 
Wednesday, February 23, 1994
Doc Status: 
Complete

Section 2.56 - Immunizations administered by individuals other than health care practitioners as permitted by their license under Title 8 of the Education Law

2.56 Immunizations administered by individuals other than health care practitioners as permitted by their license under Title 8 of the Education Law.

(a) During the course or as part of any public immunization program, individuals other than health care practitioners licensed under Title 8 of the Education Law may administer immunizations involving oral, intramuscular, subcutaneous or intradermal administration, including but not limited to immunizations, against rubella, polio, pertussis, measles, diphtheria and tetanus, when so authorized by the State Commissioner of Health or local health officer.

(b) Before an individual may administer immunizations as provided in subdivision (a) of this section, he must have received training satisfactory to the State Commissioner of Health or local health officer to include indications, precautions and contraindications in the use of the agent or agents and techniques of administration.

(c) The State Commissioner of Health or local health officer shall maintain a current list of all individuals whose training is satisfactory to him for the administration of immunizations under his direction.
 

Effective Date: 
Wednesday, February 23, 1994
Doc Status: 
Complete

Section 2.57 - Withdrawal of blood samples by individuals other than health care practitioners licensed under Title 8 of the Education Law

2.57 Withdrawal of blood samples by individuals other than health care practitioners licensed under Title 8 of the Education Law. (a) During the course or as part of any approved public health program (including but not limited to venereal disease control and lead poisoning programs), individuals other than health care practitioners licensed under Title 8 of the Education Law may withdraw a blood sample by means of skin prick or intravenous technique when so authorized by the State Commissioner of Health or local health officer.

(b) Before an individual may withdraw blood samples as provided in subdivision (a) of this section, he must have received training satisfactory to the State Commissioner of Health or local health officer to include procedures, precautions and contraindications in the use of techniques of blood withdrawal.

(c) The State Commissioner of Health or local health officer shall maintain a current list of all individuals whose training is satisfactory to him for the withdrawal of blood samples under his direction.
 

Effective Date: 
Wednesday, February 23, 1994
Doc Status: 
Complete

Section 2.58 - Turtle-associated salmonellosis and other bacteriological contaminationwhich may cause disease in humans

2.58 Turtle-associated salmonellosis and other bacteriological contamination which may cause disease in humans. (a) On and after the effective date of this section, no person shall bring into the State of New York or sell or offer for sale or distribute at wholesale, retail, or as gifts to the public, a live turtle or turtles with a carapace length of less than four inches.

(b) The New York State Department of Health or any designated representative thereof, or any local health officer or his representative may at any time take samples of tank water or any other appropriate samples from turtles offered for sale or distribution, test the same, and order the immediate humane destruction of any lot of turtles found contaminated with salmonella or other bacteriological contamination which may cause disease in humans.

(c) The following warning must be posted conspicuously at every display of turtles for retail sale or distribution or where the public may handle turtles, unless the requirement is waived in writing by the State Commissioner of Health:

"CAUTION: Turtles may transmit bacteria causing disease in humans. It is important to wash your hands thoroughly after handling turtles or material in a turtle bowl; not to allow water or any other substance from a turtle bowl to come in contact with your food or areas where your food is prepared; and to make sure that these precautions are followed by children or others handling turtles."

(d) Pursuant to the Executive Law the Attorney General may seek injunctive relief or any other remedy therein for violation of this section.

(e) Turtles of any size may enter the State for teaching use in educational institutions, or for delivery to research institutions approved by the New York State Department of Health pursuant to the provisions of article 5 of the Public Health Law, as amended.
 

Doc Status: 
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Section 2.59 - Prevention of influenza transmission by healthcare and residential facility and agency personnel

2.59 – Prevention of influenza transmission by healthcare and residential facility and agency personnel

(a) Definitions.

(1) "Personnel," for the purposes of this section, shall mean all persons employed or affiliated with a healthcare or residential facility or agency, whether paid or unpaid, including but not limited to employees, members of the medical and nursing staff, contract staff, students, and volunteers, who engage in activities such that if they were infected with influenza, they could potentially expose patients or residents to the disease.

(2) "Healthcare and residential facilities and agencies," for the purposes of this section, shall include:

(i) any facility or institution included in the definition of "hospital" in section 2801 of the Public Health Law, including but not limited to general hospitals, nursing homes, and diagnostic and treatment centers;

(ii) any agency established pursuant to Article 36 of the Public Health Law, including but not limited to certified home health agencies, long term home health care programs, acquired immune deficiency syndrome (AIDS) home care programs, licensed home care service agencies, and limited licensed home care service agencies; and

(iii) hospices as defined in section 4002 of the Public Health Law.

(3) "Influenza season," for the purposes of this section, shall mean the period of time during which influenza is prevalent as determined by the Commissioner.

(4) “Patient or resident,” for the purposes of this section, shall mean any person receiving services from a healthcare or residential facility or agency, including but not limited to inpatients and outpatients, overnight residents, adult day health care participants, and home care and hospice patients, as well as any person presenting for registration or admission at a healthcare or residential facility or agency.

(5) “Influenza vaccine” or “vaccine,” for the purposes of this section, means a vaccine currently licensed for immunization and distribution in the United States by the Food and Drug Administration (FDA), for active immunization for the prevention of influenza disease caused by influenza virus(es), or authorized for such use by the FDA pursuant to an Emergency Use Authorization (EUA) or as an Emergency Investigational New Drug (EIND).

(b) All healthcare and residential facilities and agencies shall determine and document which persons qualify as "personnel" under this section.

(c) All healthcare and residential facilities and agencies shall document the influenza vaccination status of all personnel for the current influenza season in each individual's personnel record or other appropriate record. Documentation of vaccination must include:

(1) a document, prepared by the licensed healthcare practitioner who administered the vaccine, indicating that one dose of influenza vaccine was administered, and specifying the vaccine formulation and the date of administration; or

(2) for personnel employed by a healthcare employer other than the healthcare or residential facility or agency in which he or she is providing service, an attestation by the employer that the employee(s) named in the attestation have been vaccinated against influenza for the current influenza season, and that the healthcare employer maintains documentation of vaccination of those employees, as described in paragraph (1) of this subdivision; or

(3) for student personnel, an attestation by the professional school that the student(s) named in the attestation have been vaccinated against influenza for the current influenza season, and that the school maintains documentation of vaccination of those students, as described in paragraph (1) of this subdivision.

(d) During the influenza season, all healthcare and residential facilities and agencies shall ensure that all personnel not vaccinated against influenza for the current influenza season wear a surgical or procedure mask while in areas where patients or residents are typically present, except that:

(1) when personnel provide services outside the home of a patient or resident, and not inside a healthcare or residential facility, mask wear shall not be required by this section, provided that this paragraph shall not be interpreted as eliminating any requirement that personnel wear a mask pursuant to standard and transmission-based precautions not addressed by this section;

(2) personnel required to wear a mask by this subdivision, but who provide speech therapy services, may remove the mask when necessary to deliver care, such as when modeling speech; and

(3) for any person who lip reads, personnel required to wear a mask by this subdivision may remove the mask when necessary for communication.

(e) Upon the request of the Department, a healthcare or residential facility or agency must report the number and percentage of personnel that have been vaccinated against influenza for the current influenza season.

(f) All healthcare and residential facilities and agencies shall develop and implement a policy and procedure to ensure compliance with the provisions of this section. The policy and procedure shall include, but is not limited to, identification of those areas where unvaccinated personnel must wear a mask pursuant to subdivision (d) of this Section.

(g) Healthcare and residential facilities and agencies shall supply surgical or procedure masks required by this section at no cost to personnel.

(h) Nothing in this section shall be interpreted as prohibiting any healthcare or residential facility or agency from adopting policies that are more stringent than the requirements of this section.

Effective Date: 
Wednesday, November 19, 2014
Doc Status: 
Complete