Title PBH, Public Health

§ 3440. Funeral directors; duty to use prescribed tests of death. Before removing the body of a deceased person from the place of death or preparing it for burial by injection of fluid or otherwise, every funeral director, undertaker or embalmer shall apply such tests as are pre…

§ 3440-a. Statement to be furnished by certain licensed persons, funeral directors and funeral firms when funeral arrangements are made. Every person licensed pursuant to this article, including funeral directors and funeral firms, shall furnish at the time funeral arrangements …

§ 3441. Funeral firms; operation by licensed persons. 1. No funeral firm shall be operated within the state unless: (a) if the owner is an individual, he shall be a duly licensed funeral director or undertaker; if the owner is a partnership organized at any time after the sevent…

§ 3441-a. Funeral arrangements; use of flag. Upon the request of the person responsible for the payment for funeral arrangements made for the care and disposition of the body of a deceased veteran, eligible under federal law or regulations or section two hundred fifty-a of the m…

§ 3442. Funeral directing; reports relating to moneys paid in connection with agreements for funeral merchandise or services in advance of need. 1. Every person licensed pursuant to this article, including funeral directors and funeral firms, receiving moneys in connection with …

§ 3443. Funeral directing; use of names; unlicensed persons prohibited. 1. The name of any living person who has not been duly licensed and is not duly registered as specified in this article shall not be (a) shown or displayed upon or in any funeral establishment; or, (b) used …

§ 3444. Food service in funeral establishments. (a) A funeral establishment may provide space, facilities, equipment or supplies for the preparation, sale, service, distribution or consumption of food or nonalcoholic beverages, limited to incidental refreshments (such as baked g…

§ 345. County or part-county boards of health; compensation and expenses of members. The members of the board of health of a county or part-county health district shall receive for attendance at meetings of the board, and, when authorized by the president of the board, within ap…

§ 3450. Suspension and revocation of licenses. 1. The commissioner may revoke or suspend any license of a funeral director, undertaker or embalmer and, if such licensee shall be the owner of, or a member of a partnership owning, a funeral firm or the licensed and registered mana…

§ 3451. Suspension and revocation of licenses; complaints and charges. 1. (a) Any person, public officer, or association, or the department may for due cause, prefer charges pursuant to the provisions of this chapter against any licensee. (b) Such charges shall be in writing and…

§ 3453. Restoration of licenses after suspension and revocation. 1. The commissioner may, in his discretion, reissue a license to any person whose license has been revoked. 2. Application for the reissuance of a license shall not be made prior to one year after revocation and sh…

§ 3454. Restoration of licenses after conviction of a felony. If a person convicted of a felony or crime deemed to be a felony is subsequently pardoned by the governor of the state where such conviction was had or by the president of the United States, or shall receive a certifi…

§ 3455. Violations; prosecutions. 1. Any person who shall: (a) obtain or attempt to obtain or aid in obtaining any license or certificate under this article by any false or fraudulent statement or representation; or, (b) practice as a funeral director, undertaker or embalmer wit…

§ 3456. Violations; penalties. 1. Any person who shall engage in the business or practice of funeral directing, undertaking or embalming in violation of any provisions of this article, shall be liable to a maximum civil penalty of one thousand dollars, suspension or revocation o…

§ 3457. Violations; injunctions. 1. (a) The attorney general may maintain an action upon his own information or upon the complaint of any person against any person, partnership, corporation or association, and any employee, agent, director or officer thereof, who shall violate a…

§ 346. County or part-county boards of health; general expenses. 1. In counties having a county auditor or county comptroller, all charges and other expenses of a county or part-county health district shall be audited and paid in the same manner as other charges against the coun…

§ 347. County or part-county boards of health; powers and duties; rules and regulations. 1. Upon the establishment of a board of health for a county or part-county health district as provided in this article, it shall exercise all the powers and perform all duties of local board…

§ 348. County or part-county health districts; sanitary codes; violations and penalties. 1. The provisions of the sanitary code of a county or part-county health district shall have the force and effect of law. 2. Any non-compliance or non-conformance with any provision of such …

§ 349. County or part-county boards of health; other health functions; hospitals and laboratories. In any county in which a county health district has been or is hereafter established, the boundaries of which are coterminous with the county, the board of supervisors shall have p…

§ 35. Reports required of the inspector. 1. The inspector shall, no\nlater than October first of each year, submit to the governor, the\ntemporary president of the senate, the speaker of the assembly, the\nstate comptroller and the attorney general, a report summarizing the\nact…

§ 350. County or part-county boards of health; officers. The board of health of a county or part-county health district shall elect annually one of its members as president and another as vice-president. The board of health may designate the county health commissioner to act as …

§ 3500. Declaration of policy and statement of purpose. It is declared to be the policy of the state of New York that the health and safety of the people of the state must be protected against the harmful effects of excessive and improper exposure to ionizing radiation and from …

§ 3501. Definitions. When used in this article, the following words and phrases shall have the following definitions: 1. "Radiologic technology" means the practice of radiography, radiation therapy and nuclear medicine technology. 2. "Radiologic technologist" means a person who …

§ 3502. License required. 1. The department shall issue separate licenses in the areas of radiography, radiation therapy and nuclear medicine technology to individuals who qualify under section thirty-five hundred five of this title. 2. Except where otherwise authorized by law: …

§ 3504. Rules and regulations. The commissioner shall have power to make such rules and regulations, not inconsistent with law, as may be necessary to carry out the provisions of this article, including but not limited to, the availability of emergency equipment appropriate to p…

§ 3505. Requirements for a professional license. 1. To qualify for a license under this article, an applicant shall fulfill the following requirements: (a) Application: file an application with the department; (b) Education: have received an education in accordance with regulati…

§ 3506. Temporary permits. The department may in its discretion and upon written application issue a temporary permit to practice radiologic technology in this state to a person who qualifies under section thirty-five hundred five of this title for admission to an examination fo…

§ 3507. Registration. 1. A license shall be valid during the life of the holder unless revoked, annulled or suspended by the commissioner. A practicing licensee must register with the department. 2. The commissioner shall promulgate such rules and regulations as are necessary to…

§ 3508. Registration of schools. No person, institution or agency shall offer a course of study in radiologic technology unless such course of study is registered by the department or by the department of education and meets such standards of quality, character and competence of…

§ 351. County or part-county health commissioner, public health director or county health director; appointment; compensation. 1. The board of health of each county and part-county health district or other body having the powers and duties of a board of health of a county or par…

§ 3510. Suspension or revocation. 1. The license, registration or intravenous contrast administration certificate of a radiologic technologist may be suspended for a fixed period, revoked or annulled, or such licensee censured, reprimanded, subject to a civil penalty not to exce…

§ 3511. Proceedings for suspension or revocation. 1. Proceedings against any licensee under this section shall be begun by filing with the department a written charge or charges in the form of a petition under oath against such licensee. The charges may be preferred by any perso…

§ 3512. Penalties. 1. It shall be a misdemeanor for a person to: (a) sell or fraudulently obtain or furnish a radiologic technologist diploma, license, record or certificate of registration or intravenous contrast administration certificate; (b) practice radiologic technology un…

§ 3513. Disposition of fees, fines, penalties and other moneys. 1. All fees, fines, penalties and other moneys derived from the operation of this article shall be paid to the department and shall be paid by the department to the radiological health protection account as establis…

§ 3514. Injunctive relief. The attorney general may apply to the supreme court within the judicial district in which a violation of this article is alleged to have occurred for an order enjoining or restraining commission or continuance of the acts complained of. Thereupon the c…

§ 3515. Construction; rights of licensed radiologic technologists and exemptions from this article. 1. Nothing in the provisions of this article relating to radiologic technologists shall be construed to limit, enlarge or affect, in any respect, the practice of their respective …

§ 3516. Use of x-rays with respect to dental services. The use of x-rays, performed in the course of dental services, shall be limited solely to diagnostic purposes and shall not be used for the purpose of verifying services performed for which requests for payment were submitte…

§ 3517. Separability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to…

§ 352. County or part-county health commissioners; powers and duties.\n1. Every county health commissioner shall devote his entire time to the\nduties of his office except that in a county operating as a county\nhealth district, the boundaries of which are co-terminous with the\…

§ 353. Deputy county or part-county health commissioners; assistants and employees; appointment. 1. Local health officers who continue to hold office after the establishment of a county or part-county health district, pursuant to the provisions of this article, shall be deputies…

§ 354. County or part-county health districts; removal of deputies, assistants and health officers. 1. The board of health of a county or part-county health district shall have power to remove the health officer of any local health district included within such county or part-co…

§ 355. County or part-county health districts; dissolution. 1. The board of supervisors of any county in which a county or part-county health district has been or may be established, with the consent of the supervisors representing that part of a county included in the district …

§ 3550. Definitions. When used in this article, the following words and phrases shall have the meanings ascribed to them in this section: 1. "Tanning facility" shall mean any establishment where one or more ultraviolet radiation device is used, offered, or made available for use…

§ 3551. License required. 1. On and after the effective date of this article, no person shall operate a tanning facility unless such facility is licensed as provided in this article. 2. The department shall license each applicant who submits an application on a form prescribed b…

§ 3552. Suspension or revocation. 1. The license of a tanning facility may be suspended for a fixed period, revoked or annulled, upon a finding that a licensee: (a) is guilty of fraud or bribery in securing a license; (b) has made any false statement as to a material matter in a…

§ 3553. Fees. All monies collected by the department pursuant to sections thirty-five hundred fifty-one and thirty-five hundred fifty-four of this article shall be deposited into the ultraviolet radiation devices program account within the special revenue fund--other, which is h…

§ 3554. Powers and duties of the commissioner. 1. The commissioner shall inspect each tanning facility licensed under this article and each ultraviolet radiation device used, offered, or made available for use in such facility, not less than biennially. The commissioner may esta…

§ 3555. Restrictions on the use of ultraviolet radiation devices. 1. No owner, operator, or employee of a tanning facility shall permit the use of the tanning facility by a person eighteen years of age or older until such person provides a driver's license or other photographic …

§ 3556. Ultraviolet nail drying devices. 1. The department shall review the existing medical and scientific literature, published reports, and articles regarding the potential health hazards associated with the use of ultraviolet nail drying devices and identify any health hazar…

§ 356. Certain counties; legislative bodies constituted boards of health; county health directors; nurses designated as school nurses. 1. The legislative body of each county having a population of less than one hundred fifty thousand according to the nineteen hundred seventy fed…