Title PBH, Public Health

§ 3122. Blood donating; violations; penalties. Any violation of\nsections three thousand one hundred twenty and three thousand one\nhundred twenty-one, of this chapter, shall constitute a misdemeanor,\npunishable on conviction by a fine of not exceeding fifty dollars or by\nimpr…

§ 3123. Blood donors of the age of seventeen years or over. Any person\nof the age of seventeen years or over shall be eligible to donate blood\nin any voluntary and noncompensatory blood program without the necessity\nof obtaining parental permission or authorization.\n

§ 3124. Reporting system for hospitals and blood banks. All persons,\nfirms and corporations engaged in procuring blood donations shall report\nannually the following information to the commissioner of health:\n a. The amount of whole blood collected.\n b. The amount fractionate…

§ 32. Functions, duties and responsibilities. The inspector shall have\nthe following functions, duties and responsibilities:\n 1. to appoint such deputies, directors, assistants and other officers\nand employees as may be needed for the performance of his or her duties\nand may…

§ 320. Local health officer; appointment; residence. 1. Except in the\ncities whose charters otherwise provide, and except as hereinafter\nprovided for joint appointment by two or more local boards of health of\none health officer for the municipalities joining in such appointme…

§ 3200. Live pathogenic microorganisms or viruses; handling;\nregistration required; exceptions. 1. No person other than a licensed\npractitioner of medicine, dentistry, or veterinary medicine or a person\nunder the direct supervision of a licensed practitioner of medicine,\nden…

§ 3201. Live pathogenic microorganisms or viruses; sale or other\ndisposal; permission required. 1. No person shall sell or convey any\nlive pathogenic microorganisms or viruses other than vaccine virus to\nany other person without permission of the commissioner, or in the city\…

§ 3202. Live pathogenic microorganisms or viruses; sale or other\ndisposal; labeling containers. 1. All live pathogenic microorganisms or\nviruses other than vaccine virus when given away or sold shall bear a\nlabel on the container showing the contents of the container.\n 2. If…

§ 3203. Live pathogenic microorganisms or viruses; violations;\npenalties. Any violation of this article shall be deemed a misdemeanor\npunishable by a fine of two hundred dollars, six months' imprisonment or\nboth.\n

§ 321. Local health officer; power of commissioner to appoint;\nexpenses. 1. If any local board of health fails to appoint a health\nofficer qualified as provided in the sanitary code, the commissioner may\nexercise the powers of a health officer in such municipality, or\ndesign…

§ 322. Local health officer; term of office; removal. 1. The term of\noffice of the health officer of a municipality shall be four years and\nhe shall hold office until his successor is appointed and qualifies.\n 2. (a) The health officer may be removed from office for just caus…

§ 3220. Findings. The legislature finds that new techniques of\ngenetic manipulation which allow researchers to accomplish exchanges of\ngenetic material between unlike organisms offer great potential for\nexpanding human knowledge of genetics but also may present significant\nr…

§ 3221. Definitions. As used in this article:\n 1. "DNA" means deoxyribonucleic acid.\n 2. "Recombinant DNA" means DNA molecules which;\n (a) have been formed by joining together DNA segments in a cell-free\nsystem and which have the capacity to enter a cell and to replicate in\…

§ 3222. Certification. 1. One hundred eighty days after the effective\ndate of this article, no individual shall engage in a recombinant DNA\nactivity unless such individual has been issued a certificate by the\ncommissioner or such individual is affiliated with and is acting un…

§ 3223. Enforcement. 1. The commissioner may conduct scheduled or\nunscheduled inspections of facilities where certified activities are\nbeing conducted.\n 2. The commissioner may suspend a certificate on the ground that the\nholder unreasonably refused to admit a department ins…

§ 323. Local health officer; compensation and expenses. 1. Every\nlocal board of health shall fix the compensation of the local health\nofficer, which in the case of the health officer of a city, town,\nvillage and consolidated health district having a population of eight\nthous…

§ 324. Local health officer; general powers and duties. 1. In\naddition to such other duties as may be lawfully imposed upon him and\nsubject to the provisions of this chapter and the sanitary code, every\nhealth officer shall:\n (a) make an annual sanitary survey and maintain s…

§ 325. Local health officer; practice of medicine prohibited; certain\ncities. In cities of more than fifty thousand population according to\nthe latest federal or state census or enumeration, the local health\nofficer hereafter appointed shall devote his entire time to the duti…

§ 326. Local health officer; temporary or acting; appointment;\ncompensation; powers. 1. (a) A health officer with the consent of the\nboard of health in a town or village, and with the consent of the board\nor official having power to appoint a health officer in a city, may\nap…

§ 327. Local health officer; nurses; appointment. Every health\nofficer or other official exercising similar duties, by whatever\nofficial designation he may be known, with the approval and consent of\nthe local board of health of his district, shall have power to employ\nsuch n…

§ 328. Local health officer; nurses; duties. Subject to the\nprovisions of this chapter and the sanitary code, public health nurses\nappointed pursuant to this article, shall work under the direction of\nthe local health officer and shall perform such duties as may be\nassigned …

§ 329. Local health officer; immunity from personal liability. 1. No\nhealth officer, inspector, investigator, public health nurse, or other\nrepresentative of a health officer, and no person or persons other than\nthe county, city, village or town by which such health officer o…

§ 33. Cooperation of agency officials and employees. 1. In addition to\nthe authority otherwise provided by this title, the inspector, in\ncarrying out the provisions of this title, is authorized to request such\ninformation, assistance and cooperation from any federal, state or…

§ 3300. Short title. This article shall be known as the New York\nState Controlled Substances Act.\n

§ 3300-a. Legislative purposes. The purposes of this article are:\n 1. to combat illegal use of and trade in controlled substances; and\n 2. to allow legitimate use of controlled substances in health care,\nincluding palliative care; veterinary care; research and other uses\naut…

§ 3301. Applicability of this article to actions and matters occurring\nor arising before and after the effective date. Unless otherwise\nexpressly provided, or unless the context otherwise requires:\n (a) the provisions of this article shall govern and control the\npossession, …

§ 3302. Definitions of terms of general use in this article. Except\nwhere different meanings are expressly specified in subsequent\nprovisions of this article, the following terms have the following\nmeanings:\n 1. "Person with substance use disorder" means a person who habitua…

* § 3304. Prohibited acts. 1. It shall be unlawful for any person to\nmanufacture, sell, prescribe, distribute, dispense, administer, possess,\nhave under his control, abandon, or transport a controlled substance\nexcept as expressly allowed by this article.\n 2. It shall be unl…

§ 3305. Exemptions. 1. The provisions of this article restricting the\npossession and control of controlled substances and official New York\nstate prescription forms shall not apply:\n (a) to common carriers or to warehousemen, while engaged in lawfully\ntransporting or storing…

§ 3306. Schedules of controlled substances. There are hereby\nestablished five schedules of controlled substances, to be known as\nschedules I, II, III, IV and V respectively. Such schedules shall\nconsist of the following substances by whatever name or chemical\ndesignation kno…

§ 3307. Exception from schedules. 1. The commissioner may, by\nregulation, except any compound, mixture, or preparation containing any\ndepressant substance in paragraph (a) of schedule III or in schedule IV\nfrom the application of all or any part of this article if (1) the\nco…

§ 3308. Powers and duties of the commissioner. 1. The commissioner,\nand any representative authorized by him, shall have the power to\nadminister oaths, compel the attendance of witnesses and the production\nof books, papers and records and to take proof and testimony concernin…

§ 3309. Opioid overdose prevention. 1. The commissioner is authorized\nto establish standards for approval of any opioid overdose prevention\nprogram, and opioid antagonist prescribing, dispensing, distribution,\npossession and administration pursuant to this section which may\n…

§ 3309-a. Prescription pain medication awareness program. 1. There is\nhereby established within the department a prescription pain medication\nawareness program to educate the public and health care practitioners\nabout the risks associated with prescribing and taking controlle…

§ 3309-b. Dispensing of drug adulterant testing supplies. 1. As used\nin this section:\n * (a) "Drug adulterant testing supplies" means any drug testing\nproduct that is used to determine whether a substance contains fentanyl\nor a fentanyl analog.\n * NB Effective until January…

§ 3310. Licenses for manufacture or distribution of controlled\nsubstances. 1. No person shall manufacture or distribute a controlled\nsubstance in this state without first having obtained a license to do so\nfrom the department.\n 2. A license issued under this section shall be…

§ 3311. Authority to issue initial licenses, amended licenses, and to\nrenew licenses. 1. Subject to the provisions of this article the\ncommissioner is authorized to issue licenses authorizing the manufacture\nor distribution of controlled substances.\n 2. An application for a …

§ 3312. Application for initial license. 1. An applicant for an\ninitial license to manufacture or distribute controlled substances shall\nfurnish to the department such information as it shall require and\nevidence that the applicant:\n (a) and its managing officers are of good…

§ 3313. Granting of initial license. 1. The commisisoner shall grant\nan initial license or amendment to a license as to one or more of the\nsubstances or activities enumerated in the application if he is\nsatisfied that:\n (a) the applicant will be able to maintain effective co…

§ 3315. Applications for renewal of licenses to manufacture or\ndistribute controlled substances. 1. An application for the renewal of\nany license issued pursuant to this title shall be filed with the\ndepartment not more than six months nor less than four months prior to\nthe …

§ 3316. Granting of renewal of licenses. 1. The commissioner shall\nrenew a license unless he determines and finds that the applicant:\n (a) is unlikely to maintain or be able to maintain effective control\nagainst diversion; or\n (b) is unlikely to comply with all federal and s…

§ 3318. Identification of controlled substances. 1. No controlled\nsubstance may be manufactured or delivered within this state in solid or\ncapsule form unless it has clearly marked or imprinted upon each such\ncapsule or solid:\n (a) an individual symbol or number assigned to …

§ 3319. Distribution of free samples. It shall be unlawful to\ndistribute free samples of controlled substances, except to persons\nlicensed pursuant to title III of this article.\n

§ 3320. Authorized distribution. 1. Controlled substances may be\nlawfully distributed within this state only to licensed distributors or\nmanufacturers, practitioners, pharmacists, pharmacies, institutional\ndispensers, registered outsourcing facilities, and laboratory, researc…

§ 3321. Exempt distribution. 1. The commissioner by regulation or\nruling may exempt from the licensing requirements of this title:\n (a) the return of controlled substances to a manufacturer, registered\noutsourcing facility or distributor by a practitioner or pharmacy;\n (b) t…

§ 3322. Reports and records. 1. Persons licensed under this title or\noperating a registered outsourcing facility shall maintain records of\nall controlled substances manufactured, compounded, received, disposed\nof, delivered or distributed by them. The record shall show the da…

* § 3323. Opioid stewardship fund. 1. Definitions:\n (a) "Opioid stewardship payment" shall mean the total amount to be\npaid into the opioid stewardship fund for each state fiscal year as set\nforth in subdivision two of this section.\n (b) "Ratable share" shall mean the indivi…

§ 3324. Licenses to engage in research, instructional activities, and\nchemical analysis relating to controlled substances. 1. No person\nwithin this state shall manufacture, obtain, possess, administer or\ndispense a controlled substance for purposes of scientific research,\nin…

§ 3325. Authority to issue licenses; applications. 1. Subject to the\nprovisions of this title, the commissioner is authorized to license a\nperson to manufacture, obtain and possess, dispense, and administer\ncontrolled substances for purposes of scientific research, chemical\n…

§ 3326. Institutional research licenses. 1. Subject to the provisions\nof this title, the commissioner is authorized to license an institution,\nwhich regularly engages in research, to approve specific projects\nconducted under its immediate auspices.\n 2. An institution seeking…