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Ex. SEC-01-070 Order Primary source read

10 NYCRR 2.61 (emergency regulation adopted Aug. 26, 2021)

Prevention of COVID-19 Transmission by Covered Entities

Public Health and Health Planning Council and Commissioner of Health (Department of Health) · New York (State)

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The record

Jurisdiction
New York
Level
State
Authority
Public Health Law 225, 2800, 2803, 3612, 4010
Issued
2021-08-26 Aug. 26, 2021
Effective
2021-08-26 (first dose by Sept. 27, 2021 for general hospitals and nursing homes; Oct. 7, 2021 for other covered entities) (read as 2021-08-26)
End
Repealed Oct. 2023 (read as 2021-09-30)
In force
Aug. 26, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Health care ordersWorkplace rulesVaccination or testing
Addressees
  • covered entities: Article 28 facilities including general hospitals, nursing homes, diagnostic and treatment centers; home care, hospice, adult care facilities; all personnel
Functions reached
  • HR
  • WF
  • IC
  • OF
  • CB
Collection
Hospitals and Health Systems SEC-01

Operative words

(c) Covered entities shall continuously require personnel to be fully vaccinated against COVID-19, with the first dose for current personnel received by September 27, 2021 for general hospitals and nursing homes, and by October 7, 2021 for all other covered entities absent receipt of an exemption as allowed below. Documentation of such vaccination shall be made in personnel records... (1) 'Covered entities'... shall include: [any facility or institution included in the definition of hospital in section] 2801 of the Public Health Law, including but not limited to general hospitals... (2) 'Personnel'... shall mean all persons employed or affiliated with a covered entity, whether paid or unpaid.

Enforcement

Public Health Law 12 (civil penalties), 2806 (licensure); DOH surveys

Notes

The first-dose deadline fell inside the quarter (Sept. 27); New York hospitals separated or placed on leave unvaccinated staff that week (religious exemption litigation: Dr. A. v. Hochul, TRO Sept. 14, 2021; 2d Cir. Nov. 4, 2021).