Title PBH, Public Health

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

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

§ 3124. Reporting system for hospitals and blood banks. All persons, firms and corporations engaged in procuring blood donations shall report annually the following information to the commissioner of health: a. The amount of whole blood collected. b. The amount fractionated. c. …

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

§ 320. Local health officer; appointment; residence. 1. Except in the cities whose charters otherwise provide, and except as hereinafter provided for joint appointment by two or more local boards of health of one health officer for the municipalities joining in such appointment,…

§ 3200. Live pathogenic microorganisms or viruses; handling; registration required; exceptions. 1. No person other than a licensed practitioner of medicine, dentistry, or veterinary medicine or a person under the direct supervision of a licensed practitioner of medicine, dentist…

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

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

§ 3203. Live pathogenic microorganisms or viruses; violations; penalties. Any violation of this article shall be deemed a misdemeanor punishable by a fine of two hundred dollars, six months' imprisonment or both.

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

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

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

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

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

§ 3223. Enforcement. 1. The commissioner may conduct scheduled or unscheduled inspections of facilities where certified activities are being conducted. 2. The commissioner may suspend a certificate on the ground that the holder unreasonably refused to admit a department inspecto…

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

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

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

§ 326. Local health officer; temporary or acting; appointment; compensation; powers. 1. (a) A health officer with the consent of the board of health in a town or village, and with the consent of the board or official having power to appoint a health officer in a city, may appoin…

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

§ 328. Local health officer; nurses; duties. Subject to the provisions of this chapter and the sanitary code, public health nurses appointed pursuant to this article, shall work under the direction of the local health officer and shall perform such duties as may be assigned by h…

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

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

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

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

§ 3301. Applicability of this article to actions and matters occurring or arising before and after the effective date. Unless otherwise expressly provided, or unless the context otherwise requires: (a) the provisions of this article shall govern and control the possession, manuf…

§ 3302. Definitions of terms of general use in this article. Except where different meanings are expressly specified in subsequent provisions of this article, the following terms have the following meanings: 1. "Person with substance use disorder" means a person who habitually u…

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

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

§ 3306. Schedules of controlled substances. There are hereby established five schedules of controlled substances, to be known as schedules I, II, III, IV and V respectively. Such schedules shall consist of the following substances by whatever name or chemical designation known: …

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

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

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

§ 3309-a. Prescription pain medication awareness program. 1. There is hereby established within the department a prescription pain medication awareness program to educate the public and health care practitioners about the risks associated with prescribing and taking controlled s…

§ 3309-b. Dispensing of drug adulterant testing supplies. 1. As used in this section: * (a) "Drug adulterant testing supplies" means any drug testing product that is used to determine whether a substance contains fentanyl or a fentanyl analog. * NB Effective until January 16, 20…

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

§ 3311. Authority to issue initial licenses, amended licenses, and to renew licenses. 1. Subject to the provisions of this article the commissioner is authorized to issue licenses authorizing the manufacture or distribution of controlled substances. 2. An application for a licen…

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

§ 3313. Granting of initial license. 1. The commisisoner shall grant an initial license or amendment to a license as to one or more of the substances or activities enumerated in the application if he is satisfied that: (a) the applicant will be able to maintain effective control…

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

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

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

§ 3319. Distribution of free samples. It shall be unlawful to distribute free samples of controlled substances, except to persons licensed pursuant to title III of this article.

§ 3320. Authorized distribution. 1. Controlled substances may be lawfully distributed within this state only to licensed distributors or manufacturers, practitioners, pharmacists, pharmacies, institutional dispensers, registered outsourcing facilities, and laboratory, research o…

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

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

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

§ 3324. Licenses to engage in research, instructional activities, and chemical analysis relating to controlled substances. 1. No person within this state shall manufacture, obtain, possess, administer or dispense a controlled substance for purposes of scientific research, instru…

§ 3325. Authority to issue licenses; applications. 1. Subject to the provisions of this title, the commissioner is authorized to license a person to manufacture, obtain and possess, dispense, and administer controlled substances for purposes of scientific research, chemical anal…

§ 3326. Institutional research licenses. 1. Subject to the provisions of this title, the commissioner is authorized to license an institution, which regularly engages in research, to approve specific projects conducted under its immediate auspices. 2. An institution seeking a li…