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Ex. NY-072 Order Primary source read

10 NYCRR 2.9 (COVID-19 Reporting in Schools) and 2.62 (COVID-19 Testing Requirements), emergency rule I.D. No. HLT-38-21-00002-E, Filing No. 954, filed and effective Sept. 2, 2021

COVID-19 Reporting and Testing

New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 22, 2021, Vol. XLIII, Issue 38) · New York (Sector regulator)

The COVID Project

The record

Jurisdiction
New York
Level
Sector regulator
Authority
Public Health Law 201, 206, 225; State Administrative Procedure Act 202(6)
Issued
2021-09-02 Sept. 2, 2021
Effective
2021-09-02; 'The emergency rule will expire November 30, 2021' (read as 2021-09-02)
End
Readopted beyond the period (read as 2021-09-30)
In force
Sept. 2, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Schools and child careHealth care ordersWorkplace rulesVaccination or testing
Addressees
  • every kindergarten, elementary, intermediate or secondary school, pre-kindergarten program and school district
  • entities the Commissioner designates for routine testing (schools, shelters, correctional facilities, nursing homes, health care settings)
  • local health officers
Functions reached
  • IN schools (daily reporting; testing)
  • HR school staff and contractors (weekly testing unless vaccinated)
  • WF
Collection
New York NY

Operative words

2.9. COVID-19 Reporting in Schools.... every kindergarten, elementary, intermediate, or secondary school as well as any pre-kindergarten programs and school districts... shall report to the Department of Health, on a daily basis... all COVID-19 testing, positive test results... among students, teaching staff, and any other employees or volunteers.... 2.62. COVID-19 Testing Requirements. (a) As determined by the Commissioner... the Commissioner may require routine COVID-19 testing in certain settings, which may include schools, homeless shelters, correctional facilities, nursing homes, and health care settings, and which may distinguish between individuals who have received full vaccination against COVID-19 and those who have not.... (b) Enforcement and Penalties. (1) All local health officers shall take such steps as may be necessary to assist with the enforcement... (2)... Entities that violate this section are subject to a maximum fine of $1,000 for each violation. For purposes of civil penalties, each day that an entity operates in a manner inconsistent with the section shall constitute a separate violation

Enforcement

Fine up to $1,000 per violation per day; civil and criminal penalties 'as provided for by law'; local health officers (stated)

Notes

The issue's 'Miscellaneous Notices' section reprints the Commissioner's Determination on COVID-19 Testing Pursuant to 10 NYCRR 2.62 (Ex. NY-075); it also carries a DFS telehealth amendment

Retrieval note

File slug mentions 2.60; the 2.60 rule is in the Sept. 15 issue (Ex. NY-071); this issue carries 2.9 and 2.62.