Title PBH, Public Health

§ 3426. Funeral directing; licensing reciprocity with other states.\nThe commissioner, in his or her discretion, and otherwise subject to the\nprovisions of this article and the rules of the department promulgated\nthereunder prescribing the qualifications for funeral director l…

§ 3427. Funeral directing; issuance of duplicate licenses. Upon\nreceipt of satisfactory evidence that a license or certificate has been\nlost, mutilated or destroyed, the department may issue a duplicate\nlicense or certificate upon such terms and conditions as the\ncommissione…

§ 3428. Funeral directing; registration of licenses; fees. 1. (a)\nEvery person who, within the state, practices as a funeral director,\nundertaker or embalmer and every person, partnership or corporation who\nor which owns or operates within the state a funeral firm as herein\n…

§ 3429. Continuing education for funeral directors. 1. Definitions. As\nused in this section:\n (a) "Biennium" means any two-year period for registration of\nindividuals licensed to practice funeral directing or embalming in this\nstate pursuant to section three thousand four hu…

§ 343. County or part-county boards of health; organization;\nappointment. 1. The board of health of a county or part-county health\ndistrict shall consist of seven members, one of whom shall be a member\nof the board of supervisors, selected by the board of supervisors, and\nat…

§ 344. County or part-county boards of health; terms of office;\nvacancies. 1. The term of office of each appointive member of the board\nof health of a county or part-county health district, including the\nadditional city representative members shall be six years, and the term\…

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

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

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

§ 3441-a. Funeral arrangements; use of flag. Upon the request of the\nperson responsible for the payment for funeral arrangements made for the\ncare and disposition of the body of a deceased veteran, eligible under\nfederal law or regulations or section two hundred fifty-a of th…

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

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

§ 3444. Food service in funeral establishments. (a) A funeral\nestablishment may provide space, facilities, equipment or supplies for\nthe preparation, sale, service, distribution or consumption of food or\nnonalcoholic beverages, limited to incidental refreshments (such as\nbak…

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

§ 3450. Suspension and revocation of licenses. 1. The commissioner may\nrevoke or suspend any license of a funeral director, undertaker or\nembalmer and, if such licensee shall be the owner of, or a member of a\npartnership owning, a funeral firm or the licensed and registered\n…

§ 3451. Suspension and revocation of licenses; complaints and charges.\n1. (a) Any person, public officer, or association, or the department may\nfor due cause, prefer charges pursuant to the provisions of this chapter\nagainst any licensee.\n (b) Such charges shall be in writin…

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

§ 3454. Restoration of licenses after conviction of a felony. If a\nperson convicted of a felony or crime deemed to be a felony is\nsubsequently pardoned by the governor of the state where such conviction\nwas had or by the president of the United States, or shall receive a\ncer…

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

§ 3456. Violations; penalties. 1. Any person who shall engage in the\nbusiness or practice of funeral directing, undertaking or embalming in\nviolation of any provisions of this article, shall be liable to a\nmaximum civil penalty of one thousand dollars, suspension or revocatio…

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

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

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

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

§ 349. County or part-county boards of health; other health functions;\nhospitals and laboratories. In any county in which a county health\ndistrict has been or is hereafter established, the boundaries of which\nare coterminous with the county, the board of supervisors shall hav…

§ 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\nhealth of a county or part-county health district shall elect annually\none of its members as president and another as vice-president. The board\nof health may designate the county health commissioner to act …

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

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

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

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

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

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

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

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

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

§ 3510. Suspension or revocation. 1. The license, registration or\nintravenous contrast administration certificate of a radiologic\ntechnologist may be suspended for a fixed period, revoked or annulled,\nor such licensee censured, reprimanded, subject to a civil penalty not\nto …

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

§ 3512. Penalties. 1. It shall be a misdemeanor for a person to:\n (a) sell or fraudulently obtain or furnish a radiologic technologist\ndiploma, license, record or certificate of registration or intravenous\ncontrast administration certificate;\n (b) practice radiologic technol…

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

§ 3514. Injunctive relief. The attorney general may apply to the\nsupreme court within the judicial district in which a violation of this\narticle is alleged to have occurred for an order enjoining or\nrestraining commission or continuance of the acts complained of.\nThereupon t…

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

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

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

§ 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\nand employees; appointment. 1. Local health officers who continue to\nhold office after the establishment of a county or part-county health\ndistrict, pursuant to the provisions of this article, shall be deput…

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

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

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

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