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Proposed Rule Making

Proposed Regulations


The regulatory process in the State of New York is governed primarily by Article 2 of the State Administrative Procedure Act (SAPA). This process is administered in the Department of Health by the Regulatory Affairs Unit.

To initiate a regulatory proposal, SAPA requires submission of a Notice of Proposed Rulemaking to the Secretary of State for publication in the New York State Register. If no public hearing is required, the notice must precede adoption by at least 60 days (45 days for revised rulemaking). Publication by the Secretary of State is the primary means of giving notice of proposed actions. However, any person or entity may file a standing request to receive notices from the Department directly.

If the text of the proposed notice exceeds 2,000 words, only a description of the subject purpose or substance of the rule will be published in the New York State Register. Similarly, if the text of the Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and/or the Job Impact Statement exceeds 2,000 words a summary is required. To ensure the widest possible and most timely outreach, in conjunction with submission to the Secretary of State, the Department will post the complete version of all regulatory notices at this website including those exceeding 2,000 words.

These postings are equivalent to the corresponding official regulatory notices which are published in the New York State Register. However, the Compilations of Title 10 and Title 18, which are located elsewhere in this website, are a current copy intended for informational use only. These compilations, although as accurate as possible, do not constitute an "official" copy. The "official" copy of the regulation is only available from Thomson Reuters.

Questions or comments on the material posted at this website should be directed to:

New York State Department of Health
Bureau of Program Counsel, Regulatory Affairs Unit
Corning Tower, Empire State Plaza, Rm. 2438
Albany, New York 12237-0031
Phone: (518) 473-7488
FAX: (518) 473-2019
Attention: Katherine Ceroalo

Questions or comments:

Publication Date Comment Period Expiration
06/29/2022 08/29/2022 Repeal of Part 1002 from Title 10 NYCRR (Repeal of Limits on Administrative Expenses and Executive Compensation) Notice of Proposed Rulemaking - Consensus
06/08/2022 08/08/2022 Addition of Subpart 66-4 to Title 10 NYCRR (COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel)
06/08/2022 08/08/2022 Amendment of Sections 405.11 and 415.19 of Title 10 NYCRR (Hospital and Nursing Home Personal Protective Equipment (PPE) Requirements)
03/23/2022 05/23/2022 Amendment of Subpart 58-1 of Title 10 NYCRR (Clinical Laboratories and Blood Banks)
03/23/2022 05/23/2022 Amendment of Sections 63.2 and 63.4 of Title 10 NYCRR (Reporting of Acute HIV Infection)
03/23/2022 05/23/2022 Amendment of Sections 505.17 and 533.6 & Addition of Part 538 to Title 18 NYCRR (Telehealth Services)
03/09/2022 05/09/2022 Amendment of Sections 487.4, 488.4 and 490.4 of Title 18 NYCRR (Updated Retention Standards for Adult Care Facilities)
02/23/2022 04/11/2022 Addition of Part 1006 to Title 10 NYCRR (Ingredient Disclosures for Vapor Products and E-Cigarettes) NOTICE OF REVISED RULEMAKING
02/16/2022 04/18/2022 Addition of Sections 1.2, 700.5 & Part 360 to Title 10 NYCRR; Amendment of Sections 400.1, 405.24 & 1001.6 of Title 10 NYCRR & Sections 487.3, 488.3 and 490.3 of Title 18 NYCRR (Surge and Flex Health Coordination System)
02/16/2022 04/18/2022 Amendment of Part 405 of Title 10 NYCRR (Clinical Staffing in General Hospitals)