New York · statute · N.Y. Public Health Law · 2,063 active provisions
CHAPTER 879 AN ACT in relation to the public health, constituting chapter forty-five of the consolidated laws Became a law April 20, 1953, with the approval of the Governor. Passed, by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follow…
ARTICLE I SHORT TITLE AND DEFINITIONS: GENERAL PROVISIONS Title I. Short title and definitions (§§ 1-2). II. General provisions (§§ 10-24). III. Office of the Medicaid inspector general (§§ 30-36).
TITLE I SHORT TITLE AND DEFINITIONS Section 1. Short title. 2. Definitions.
§ 1. Short title. This chapter shall be known as the "Public Health Law."
§ 2. Definitions. 1. Whenever used in this chapter, unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated: (a) Department. The term "department" means department of health of the s…
TITLE II GENERAL PROVISIONS Section 10. Legal presumptions; evidence. 11. Rules and regulations of the department; evidence. 12. Violations of health laws or regulations; penalties and injunctions. 12-a. Formal hearings; notice and procedure. 12-b. Wilful violation of health laws. 12-c. Obstructing health officer in pe…
§ 10. Legal presumptions; evidence. 1. The actions, proceedings, authority, and orders of the department in enforcing the provisions of the public health law and the sanitary code applying them to specific cases shall at all times be regarded as in their nature judicial, and shall be treated as prima facie just and leg…
§ 11. Rules and regulations of the department; evidence. 1. The rules and regulations of the department promulgated pursuant to the provisions of this chapter may be read in evidence from the official compilation of codes, rules and regulations of the state of New York, or supplement thereto. To entitle any copy of the…
§ 12. Violations of health laws or regulations; penalties and injunctions. * 1. (a) Except as provided in paragraphs (b) and (c) of this subdivision, any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto for which a civil pena…
§ 12-a. Formal hearings; notice and procedure. 1. The commissioner, or any person designated by him for this purpose, may issue subpoenas and administer oaths in connection with any hearing or investigation under or pursuant to this chapter, and it shall be the duty of the commissioner and any persons designated by him…
§ 12-b. Wilful violation of health laws. 1. A person who wilfully violates or refuses or omits to comply with any lawful order or regulation prescribed by any local board of health or local health officer, is guilty of a misdemeanor; except, however, that where such order or regulation applies to a tenant with respect…
§ 12-c. Obstructing health officer in performance of his duty. A person who wilfully opposes or obstructs a health officer or physician charged with enforcement of the health laws, in performing any legal duty, is guilty of a misdemeanor.
§ 12-d. Filing of certain information by medical facilities. 1. In the event a medical facility fails to file the required financial and statistical reports, or specific additional data related to the rate setting process, on or before the prescribed due dates, or as the same may be extended by the commissioner, the co…
§ 13. Enforcement: against officers. The performance of any duty or the doing of any act enjoined, prescribed or required by this chapter, may be enforced by a proceeding pursuant to article seventy-eight of the civil practice law and rules at the instance of the department or of a local board of health, or of any citi…
§ 14. Actions against persons rendering professional services at the request of the department; defense and indemnification. The provisions of section seventeen of the public officers law shall apply to any physician, dentist, nurse or other health care professional who: (i) is licensed to practice pursuant to article…
§ 15. Examination and inspection of public works. All persons having the control, charge or custody of any public structure, work or ground, or of any plan, description, outline, drawing or chart thereof or relating thereto, made, kept or controlled by or under any public authority, shall permit and facilitate the exam…
§ 16. Summary action. Whenever the commissioner, after investigation, is of the opinion that any person is causing, engaging in or maintaining a condition or activity which in his opinion constitutes danger to the health of the people, and that it therefore appears to be prejudicial to the interests of the people to de…
§ 17. Release of medical records. Upon the written request of any competent patient, parent or guardian of an infant, a guardian appointed pursuant to article eighty-one of the mental hygiene law, or conservator of a conservatee, an examining, consulting or treating physician or hospital must release and deliver, exclu…
* § 18. Access to patient information. 1. Definitions. For the purpose of this section: (a) "Committee" means a medical access review committee appointed pursuant to subdivision four of this section. (b) "Health care provider" or "provider" means a "health care facility" or a "health care practitioner" as defined by th…
* § 18. Registration and notification of boards of directors or trustees of certain voluntary, not-for-profit facilities or corporations. 1. Notwithstanding any other law, rule or regulation, the executive director, chairperson or president of a voluntary, not-for-profit corporation or facility which is subject to the…
§ 18-a. Disclosure of information. 1. Each health care professional licensed, registered or certified pursuant to title eight of the education law shall, upon request, provide to his or her patient or prospective patient the following: (a) information related to the health care professional's educational background, ex…
§ 18-b. Procedures in the course of education or training; consent. In the case of any health care procedure or examination, the fact that it is performed in the course of education or training shall not diminish the requirement for informed consent for the procedure or examination.
§ 18-c. Separate patient consent for treatment and payment for health care services. Informed consent from a patient to provide any treatment, procedure, examination or other direct health care services shall be obtained separately from such patient's consent to pay for the services. Consent to pay for any health care…
§ 19. Reasonable charges for medicare beneficiaries. 1. No physician licensed under article one hundred thirty-one of the education law shall charge from a beneficiary of health insurance under title XVIII of the federal social security act (medicare) any amount in excess of the following limitations: (a) Effective Jan…
§ 20. Accelerated death benefits. 1. For purposes of this section, "health care facility" means a hospital and residential health care facility as defined in article twenty-eight of this chapter, a home care services agency as defined in article thirty-six of this chapter, a hospice as defined in article forty of this…