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N.Y. Public Health Law § 2892 Commissioner; powers and duties
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§ 2892. Commissioner; powers and duties. The commissioner shall have the following powers and duties: (a) To conduct studies and surveys of nursing service to determine public nursing service needs and the extent to which such needs can be provided by homemakers, home health aid…
N.Y. Public Health Law § 2895 Declaration of policy and statement of purpose
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§ 2895. Declaration of policy and statement of purpose. It is hereby declared and found that the health and safety of the people of the state of New York require that the administration of medical facilities providing nursing home accommodations be adequate and proper, and that …
N.Y. Public Health Law § 2895-A Definitions
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§ 2895-a. Definitions. As used in this article, the following words and phrases shall have the following meanings, unless the context otherwise plainly requires: 1. "Nursing home" means a facility issued an operating certificate as a nursing home pursuant to article twenty-eight…
N.Y. Public Health Law § 2895-B Nursing home staffing levels
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§ 2895-b. Nursing home staffing levels. 1. Definitions. As used in this section, the following terms shall have the following meanings: (a) "Certified nurse aide" means any person included in the nursing home nurse aide registry pursuant to section twenty-eight hundred three-j o…
N.Y. Public Health Law § 2896 License and registration required
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§ 2896. License and registration required. On and after July first, nineteen hundred seventy, no person shall practice or represent himself as a nursing home administrator unless he is licensed by the board and registered by the department pursuant to the provisions of this arti…
N.Y. Public Health Law § 2896-A Board of examiners of nursing home administrators
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§ 2896-a. Board of examiners of nursing home administrators. 1. There shall be within the department a board of examiners of nursing home administrators consisting of thirteen members appointed by the commissioner, all of whom shall be citizens of the United States and residents…
N.Y. Public Health Law § 2896-B Rules and regulations; powers and duties
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§ 2896-b. Rules and regulations; powers and duties. 1. The board, by a majority vote, shall adopt and amend rules and regulations, to be certified by the commissioner prior to filing with the secretary of state, to effectuate the provisions and purposes of this article, includin…
N.Y. Public Health Law § 2896-C Qualifications of applicants for licensure
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§ 2896-c. Qualifications of applicants for licensure. 1. An applicant\nshall be eligible for a license as provided in this article upon payment\nto the department of an application fee of forty dollars and the\nsubmission of satisfactory evidence, verified by oath or affirmation…
N.Y. Public Health Law § 2896-D Examination of applicants
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§ 2896-d. Examination of applicants. 1. Applicants for licensure as nursing home administrators shall be required to pass an examination encompassing the subject matter of the courses of study, instruction, training and experience required by the board and certified by the commi…
N.Y. Public Health Law § 2896-E Issuance of license
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§ 2896-e. Issuance of license. 1. The board shall issue a license to practice nursing home administration to each candidate who meets the qualifications specified in section two thousand eight hundred ninety-six-c of this title or submitted an application and qualified under sub…
N.Y. Public Health Law § 2896-F Temporary licenses
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§ 2896-f. Temporary licenses. The board may issue a temporary license to practice nursing home administration, under such conditions and limitations as it shall determine, for a single period not to exceed six months to an applicant of good moral character and suitability, over …
N.Y. Public Health Law § 2896-G Registration
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§ 2896-g. Registration. 1. Every licensee must register biennially with the department. The department shall mail to every person who has received a license under this article an application form for registration requesting such information as the board and the commissioner may …
N.Y. Public Health Law § 2896-H Reports
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§ 2896-h. Reports. 1. Every administrator of a nursing home shall: (a) post in a sufficient number of prominent positions in the nursing home so as to be accessible to all residents and to the general public, a concise summary of the last inspection report pertaining to the nurs…
N.Y. Public Health Law § 2897 Suspension, revocation and civil penalties
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§ 2897. Suspension, revocation and civil penalties. 1. The license or registration of a nursing home administrator may be suspended for a fixed period, revoked or annulled, or such administrator censured, reprimanded, subjected to a civil penalty and otherwise disciplined, in ac…
N.Y. Public Health Law § 2897-A Proceedings for suspension or revocation
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§ 2897-a. Proceedings for suspension or revocation. 1. Proceedings against any licensed or registered nursing home administrator under this section shall be begun by filing with the board a written charge or charges in the form of a petition under oath against such nursing home …
N.Y. Public Health Law § 2897-B Penalties
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§ 2897-b. Penalties. 1. It shall be a misdemeanor for a person to: (a) sell or fraudulently obtain or furnish a nursing home administrator diploma, license, record, or certificate of registration, or aid or abet in the same; (b) practice nursing home administration under cover o…
N.Y. Public Health Law § 2897-C Disposition of fees, fines, penalties and other moneys
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§ 2897-c. Disposition of fees, fines, penalties and other moneys. 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 state treasury, as provided in the state finance la…
N.Y. Public Health Law § 2897-D Injunctive relief
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§ 2897-d. 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…
N.Y. Public Health Law § 2898 Construction
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§ 2898. Construction. Nothing in this article shall be construed to limit the activities, services, and use of official title on the part of any person, provided that no title shall be used which includes the term or words "licensed nursing home administrator" by any person not …
N.Y. Public Health Law § 2898-A Separability
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§ 2898-a. Separability. If any clause, sentence, paragraph, subdivision, 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 i…
N.Y. Public Health Law § 2899 Definitions
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§ 2899. Definitions. As used in this article, the following words and phrases shall have the following meanings: 1. "Criminal history information" shall mean a record of pending criminal charges, criminal convictions which have not been vacated or reversed, information from the …
N.Y. Public Health Law § 2899-A Requests for criminal history information concerning prospective employees
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§ 2899-a. Requests for criminal history information concerning prospective employees. 1. A provider shall request that the department check, and upon such request the department shall check its permanent record according to this section for a determination on a prospective emplo…
N.Y. Public Health Law § 2899-D Definitions
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§ 2899-d. Definitions. As used in this article: 1. "Adult" means an individual who is eighteen years of age or older. 2. "Attending physician" means the physician who has primary responsibility for the care of the patient and treatment of the patient's terminal illness or condit…
N.Y. Public Health Law § 2899-E Request process
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§ 2899-e. Request process. 1. Oral and written request. A patient wishing to request medication under this article shall make an oral request and submit a written request to the patient's attending physician. If a patient is not physically capable of making an oral request, such…
N.Y. Public Health Law § 2899-F Attending physician responsibilities
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§ 2899-f. Attending physician responsibilities. 1. Upon a patient's request for a medical aid-in-dying prescription, the attending physician shall examine the patient in person and the patient's relevant medical records, provided, however, that the attending physician may waive …
N.Y. Public Health Law § 2899-G Right to rescind request; requirement to offer opportunity to rescind
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§ 2899-g. Right to rescind request; requirement to offer opportunity to rescind. 1. A patient may at any time rescind the request for medication under this article without regard to the patient's decision-making capacity. 2. A prescription for medication may not be written witho…
N.Y. Public Health Law § 2899-H Consulting physician responsibilities
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§ 2899-h. Consulting physician responsibilities. Before a patient who is requesting medication may receive a prescription for medication under this article, a consulting physician must: 1. examine the patient and such patient's relevant medical records; 2. confirm, in writing, t…
N.Y. Public Health Law § 2899-I Mental health professional responsibilities
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§ 2899-i. Mental health professional responsibilities. 1. Before a patient who is requesting medication may receive a prescription for medication under this article, a mental health professional must evaluate the patient and report, in writing, to the attending physician and the…
N.Y. Public Health Law § 2899-J Medical record documentation requirements
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§ 2899-j. Medical record documentation requirements. An attending physician shall document or file the following in the patient's medical record: 1. the dates of all oral requests by the patient for medication under this article; 2. the written request by the patient for medicat…
N.Y. Public Health Law § 2899-K Form of written request and witness attestation
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§ 2899-k. Form of written request and witness attestation. 1. A request for medication under this article shall be in substantially the following form: REQUEST FOR MEDICATION TO END MY LIFE I, _________________________________, am an adult who has decision-making capacity, which…
N.Y. Public Health Law § 2899-L Protection and immunities
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§ 2899-l. Protection and immunities. 1. A physician, pharmacist, other health care provider or other person shall not be subject to civil, administrative, or criminal liability or penalty or professional disciplinary action by any government entity for taking any reasonable good…
N.Y. Public Health Law § 2899-M Permissible refusals and prohibitions
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§ 2899-m. Permissible refusals and prohibitions. 1. (a) A physician, nurse, pharmacist, other health care provider or other person shall not be under any duty, by law or contract, to participate in the provision of medication to a patient under this article. (b) If a health care…
N.Y. Public Health Law § 2899-N Relation to other laws and contracts
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§ 2899-n. Relation to other laws and contracts. 1. (a) A patient who requests medication under this article shall not, because of that request, be considered to be a person who is suicidal, and self-administering medication under this article shall not be deemed to be suicide, f…
N.Y. Public Health Law § 2899-O Safe disposal of unused medications
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§ 2899-o. Safe disposal of unused medications. A person who has custody or control of any unused medication prescribed under this article after the death of the qualified individual shall personally deliver the unused medication for disposal to the nearest qualified facility tha…
N.Y. Public Health Law § 2899-P Death certificate
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§ 2899-p. Death certificate. 1. If otherwise authorized by law, the attending physician may sign the qualified individual's death certificate. 2. The cause of death listed on a qualified individual's death certificate who dies after self-administering medication under this artic…
N.Y. Public Health Law § 2899-Q Reporting
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§ 2899-q. Reporting. 1. The commissioner shall annually review a sample of the records maintained under sections twenty-eight hundred ninety-nine-j and twenty-eight hundred ninety-nine-p of this article. The commissioner shall adopt regulations establishing reporting requirement…
N.Y. Public Health Law § 2899-R Penalties
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§ 2899-r. Penalties. 1. Nothing in this article shall be construed to limit professional discipline or civil liability resulting from conduct in violation of this article, negligent conduct, or intentional misconduct by any person. 2. Conduct in violation of this article shall b…
N.Y. Public Health Law § 2899-S Severability
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§ 2899-s. Severability. If any provision of this article or any application of any provision of this article, is held to be invalid, or to violate or be inconsistent with any federal law or regulation, that shall not affect the validity or effectiveness of any other provision of…
N.Y. Public Health Law § 290 Definitions
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§ 290. Definitions. As used in this article, unless the context clearly requires otherwise: 1. "Authorized collector" means: (a) a person, company, corporation or other entity that is registered with the United States Drug Enforcement Administration to collect controlled substan…
N.Y. Public Health Law § 2901 General powers and duties
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§ 2901. General powers and duties. The department of health is generally authorized and empowered (a) to inventory existing hospitals of every character in the state, to survey the need for construction of hospitals and to develop programs for construction of such public or othe…
N.Y. Public Health Law § 2902 Receipt and disbursement of funds
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§ 2902. Receipt and disbursement of funds. The department of taxation and finance is authorized to accept and receive from the federal government any moneys which the federal government shall offer to the state to assist it to inventory its hospitals, to survey the need of const…
N.Y. Public Health Law § 2903 Designation as agency to administer federal hospital program in New York
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§ 2903. Designation as agency to administer federal hospital program in New York. The department of health is hereby designated, and empowered to act, as the sole agency of the state, to carry out the purposes of any such federal law or laws heretofore or hereafter enacted. Such…
N.Y. Public Health Law § 2904 State hospital review and planning council
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§ 2904. State hospital review and planning council. (c) The governor shall approve each health systems agency with a defined geographical boundary, which shall consist of areas entirely within New York state except in those areas where a bi-state planning agreement exists. Such …
N.Y. Public Health Law § 2904-A Contracts between the commissioner of health and health systems agencies
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* § 2904-a. Contracts between the commissioner of health and health systems agencies. 1. The commissioner of health is authorized to contract with a health systems agency to the extent of any appropriation therefor for such health systems agency to provide assistance to the stat…
N.Y. Public Health Law § 2904-B Health systems agencies
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§ 2904-b. Health systems agencies. 1. For the purposes of this section, "health systems agency" shall mean a corporation organized pursuant to the not-for-profit corporation law which is approved by the governor pursuant to subdivision (c) of section twenty-nine hundred four of …
N.Y. Public Health Law § 2904-C Regional nominating committees
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* § 2904-c. Regional nominating committees. 1. There are hereby created eight regional nominating committees. The eight regional nominating committees shall operate within defined geographic boundaries consistent with the eight health systems agencies established pursuant to sec…
N.Y. Public Health Law § 2905 Cooperation of other departments and agencies
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§ 2905. Cooperation of other departments and agencies. The department of health may request and shall receive from any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof, such assistance and data as will enable it to pr…
N.Y. Public Health Law § 2906 Hospitals included
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§ 2906. Hospitals included. As used in this article, the term "hospital" shall include public health centers, diagnostic or treatment centers, rehabilitation facilities, nursing homes and chronic disease hospitals as defined in section six hundred thirty-one (i) of the federal p…
N.Y. Public Health Law § 2907 Review of hospital operations
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§ 2907. Review of hospital operations. The department shall continue to exercise all of the functions, powers and duties prescribed by this chapter in connection with hospital operations within the state with the objective of promoting the highest quality of hospital care for th…
N.Y. Public Health Law § 291 Drug take back
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§ 291. Drug take back. 1. Any manufacturer of a covered drug shall: (a) operate a drug take back program approved by the department individually or jointly with other manufacturers; (b) enter into an agreement with a drug take back organization which shall operate a drug take ba…