Title PBH, Public Health

§ 2892. Commissioner; powers and duties. The commissioner shall have\nthe following powers and duties:\n (a) To conduct studies and surveys of nursing service to determine\npublic nursing service needs and the extent to which such needs can be\nprovided by homemakers, home healt…

§ 2895. Declaration of policy and statement of purpose. It is hereby\ndeclared and found that the health and safety of the people of the state\nof New York require that the administration of medical facilities\nproviding nursing home accommodations be adequate and proper, and th…

§ 2895-a. Definitions. As used in this article, the following words\nand phrases shall have the following meanings, unless the context\notherwise plainly requires:\n 1. "Nursing home" means a facility issued an operating certificate as\na nursing home pursuant to article twenty-…

§ 2895-b. Nursing home staffing levels. 1. Definitions. As used in\nthis section, the following terms shall have the following meanings:\n (a) "Certified nurse aide" means any person included in the nursing\nhome nurse aide registry pursuant to section twenty-eight hundred\nthre…

§ 2896. License and registration required. On and after July first,\nnineteen hundred seventy, no person shall practice or represent himself\nas a nursing home administrator unless he is licensed by the board and\nregistered by the department pursuant to the provisions of this a…

§ 2896-a. Board of examiners of nursing home administrators. 1. There\nshall be within the department a board of examiners of nursing home\nadministrators consisting of thirteen members appointed by the\ncommissioner, all of whom shall be citizens of the United States and\nresid…

§ 2896-b. Rules and regulations; powers and duties. 1. The board, by a\nmajority vote, shall adopt and amend rules and regulations, to be\ncertified by the commissioner prior to filing with the secretary of\nstate, to effectuate the provisions and purposes of this article,\nincl…

§ 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…

§ 2896-d. Examination of applicants. 1. Applicants for licensure as\nnursing home administrators shall be required to pass an examination\nencompassing the subject matter of the courses of study, instruction,\ntraining and experience required by the board and certified by the\nc…

§ 2896-e. Issuance of license. 1. The board shall issue a license to\npractice nursing home administration to each candidate who meets the\nqualifications specified in section two thousand eight hundred\nninety-six-c of this title or submitted an application and qualified\nunder…

§ 2896-f. Temporary licenses. The board may issue a temporary license\nto practice nursing home administration, under such conditions and\nlimitations as it shall determine, for a single period not to exceed six\nmonths to an applicant of good moral character and suitability, ov…

§ 2896-g. Registration. 1. Every licensee must register biennially\nwith the department. The department shall mail to every person who has\nreceived a license under this article an application form for\nregistration requesting such information as the board and the\ncommissioner …

§ 2896-h. Reports. 1. Every administrator of a nursing home shall:\n (a) post in a sufficient number of prominent positions in the nursing\nhome so as to be accessible to all residents and to the general public,\na concise summary of the last inspection report pertaining to the\…

§ 2897. Suspension, revocation and civil penalties. 1. The license or\nregistration of a nursing home administrator may be suspended for a\nfixed period, revoked or annulled, or such administrator censured,\nreprimanded, subjected to a civil penalty and otherwise disciplined, in…

§ 2897-a. Proceedings for suspension or revocation. 1. Proceedings\nagainst any licensed or registered nursing home administrator under this\nsection shall be begun by filing with the board a written charge or\ncharges in the form of a petition under oath against such nursing ho…

§ 2897-b. Penalties. 1. It shall be a misdemeanor for a person to:\n (a) sell or fraudulently obtain or furnish a nursing home\nadministrator diploma, license, record, or certificate of registration,\nor aid or abet in the same;\n (b) practice nursing home administration under c…

§ 2897-c. Disposition of fees, fines, penalties and other moneys. 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 state treasury, as provided in the state finance…

§ 2897-d. 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…

§ 2898. Construction. Nothing in this article shall be construed to\nlimit the activities, services, and use of official title on the part of\nany person, provided that no title shall be used which includes the term\nor words "licensed nursing home administrator" by any person n…

§ 2898-a. Separability. If any clause, sentence, paragraph,\nsubdivision, section or part of this article shall be adjudged by any\ncourt of competent jurisdiction to be invalid, the judgment shall not\naffect, impair, or invalidate the remainder thereof, but shall be\nconfined …

§ 2899. Definitions. As used in this article, the following words and\nphrases shall have the following meanings:\n 1. "Criminal history information" shall mean a record of pending\ncriminal charges, criminal convictions which have not been vacated or\nreversed, information from…

§ 2899-a. Requests for criminal history information concerning\nprospective employees. 1. A provider shall request that the department\ncheck, and upon such request the department shall check its permanent\nrecord according to this section for a determination on a prospective\ne…

§ 2899-d. Definitions. As used in this article:\n 1. "Adult" means an individual who is eighteen years of age or older.\n 2. "Attending physician" means the physician who has primary\nresponsibility for the care of the patient and treatment of the\npatient's terminal illness or …

§ 2899-e. Request process. 1. Oral and written request. A patient\nwishing to request medication under this article shall make an oral\nrequest and submit a written request to the patient's attending\nphysician. If a patient is not physically capable of making an oral\nrequest, …

§ 2899-f. Attending physician responsibilities. 1. Upon a patient's\nrequest for a medical aid-in-dying prescription, the attending physician\nshall examine the patient in person and the patient's relevant medical\nrecords, provided, however, that the attending physician may wai…

§ 2899-g. Right to rescind request; requirement to offer opportunity\nto rescind. 1. A patient may at any time rescind the request for\nmedication under this article without regard to the patient's\ndecision-making capacity.\n 2. A prescription for medication may not be written …

§ 2899-h. Consulting physician responsibilities. Before a patient who\nis requesting medication may receive a prescription for medication under\nthis article, a consulting physician must:\n 1. examine the patient and such patient's relevant medical records;\n 2. confirm, in writ…

§ 2899-i. Mental health professional responsibilities. 1. Before a\npatient who is requesting medication may receive a prescription for\nmedication under this article, a mental health professional must\nevaluate the patient and report, in writing, to the attending physician\nand…

§ 2899-j. Medical record documentation requirements. An attending\nphysician shall document or file the following in the patient's medical\nrecord:\n 1. the dates of all oral requests by the patient for medication under\nthis article;\n 2. the written request by the patient for …

§ 2899-k. Form of written request and witness attestation. 1. A\nrequest for medication under this article shall be in substantially the\nfollowing form:\n REQUEST FOR MEDICATION TO END MY LIFE\n I, _________________________________, am an adult who has\ndecision-making capacity…

§ 2899-l. Protection and immunities. 1. A physician, pharmacist, other\nhealth care provider or other person shall not be subject to civil,\nadministrative, or criminal liability or penalty or professional\ndisciplinary action by any government entity for taking any reasonable\n…

§ 2899-m. Permissible refusals and prohibitions. 1. (a) A physician,\nnurse, pharmacist, other health care provider or other person shall not\nbe under any duty, by law or contract, to participate in the provision\nof medication to a patient under this article.\n (b) If a health…

§ 2899-n. Relation to other laws and contracts. 1. (a) A patient who\nrequests medication under this article shall not, because of that\nrequest, be considered to be a person who is suicidal, and\nself-administering medication under this article shall not be deemed to\nbe suicid…

§ 2899-o. Safe disposal of unused medications. A person who has\ncustody or control of any unused medication prescribed under this\narticle after the death of the qualified individual shall personally\ndeliver the unused medication for disposal to the nearest qualified\nfacility…

§ 2899-p. Death certificate. 1. If otherwise authorized by law, the\nattending physician may sign the qualified individual's death\ncertificate.\n 2. The cause of death listed on a qualified individual's death\ncertificate who dies after self-administering medication under this\…

§ 2899-q. Reporting. 1. The commissioner shall annually review a\nsample of the records maintained under sections twenty-eight hundred\nninety-nine-j and twenty-eight hundred ninety-nine-p of this article.\nThe commissioner shall adopt regulations establishing reporting\nrequire…

§ 2899-r. Penalties. 1. Nothing in this article shall be construed to\nlimit professional discipline or civil liability resulting from conduct\nin violation of this article, negligent conduct, or intentional\nmisconduct by any person.\n 2. Conduct in violation of this article sh…

§ 2899-s. Severability. If any provision of this article or any\napplication of any provision of this article, is held to be invalid, or\nto violate or be inconsistent with any federal law or regulation, that\nshall not affect the validity or effectiveness of any other provision…

§ 290. Definitions. As used in this article, unless the context\nclearly requires otherwise:\n 1. "Authorized collector" means: (a) a person, company, corporation or\nother entity that is registered with the United States Drug Enforcement\nAdministration to collect controlled su…

§ 2901. General powers and duties. The department of health is\ngenerally authorized and empowered (a) to inventory existing hospitals\nof every character in the state, to survey the need for construction of\nhospitals and to develop programs for construction of such public or\n…

§ 2902. Receipt and disbursement of funds. The department of taxation\nand finance is authorized to accept and receive from the federal\ngovernment any moneys which the federal government shall offer to the\nstate to assist it to inventory its hospitals, to survey the need of\nc…

§ 2903. Designation as agency to administer federal hospital program\nin New York. The department of health is hereby designated, and\nempowered to act, as the sole agency of the state, to carry out the\npurposes of any such federal law or laws heretofore or hereafter\nenacted. …

§ 2904. State hospital review and planning council. (c) The governor\nshall approve each health systems agency with a defined geographical\nboundary, which shall consist of areas entirely within New York state\nexcept in those areas where a bi-state planning agreement exists. Su…

* § 2904-a. Contracts between the commissioner of health and health\nsystems agencies. 1. The commissioner of health is authorized to\ncontract with a health systems agency to the extent of any appropriation\ntherefor for such health systems agency to provide assistance to the\n…

§ 2904-b. Health systems agencies. 1. For the purposes of this\nsection, "health systems agency" shall mean a corporation organized\npursuant to the not-for-profit corporation law which is approved by the\ngovernor pursuant to subdivision (c) of section twenty-nine hundred four\…

* § 2904-c. Regional nominating committees. 1. There are hereby\ncreated eight regional nominating committees. The eight regional\nnominating committees shall operate within defined geographic boundaries\nconsistent with the eight health systems agencies established pursuant\nto…

§ 2905. Cooperation of other departments and agencies. The department\nof health may request and shall receive from any department, division,\nboard, bureau, commission or agency of the state or of any political\nsubdivision thereof, such assistance and data as will enable it to…

§ 2906. Hospitals included. As used in this article, the term\n"hospital" shall include public health centers, diagnostic or treatment\ncenters, rehabilitation facilities, nursing homes and chronic disease\nhospitals as defined in section six hundred thirty-one (i) of the\nfeder…

§ 2907. Review of hospital operations. The department shall continue\nto exercise all of the functions, powers and duties prescribed by this\nchapter in connection with hospital operations within the state with the\nobjective of promoting the highest quality of hospital care for…

§ 291. Drug take back. 1. Any manufacturer of a covered drug shall:\n (a) operate a drug take back program approved by the department\nindividually or jointly with other manufacturers;\n (b) enter into an agreement with a drug take back organization which\nshall operate a drug t…