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Ex. SEC-19-023 Order Primary source read

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

Prevention of COVID-19 Transmission by Covered Entities (health care worker vaccination)

New York State Department of Health, Public Health and Health Planning Council (emergency regulation) · New York (State)

The COVID Project

The record

Jurisdiction
New York
Level
State
Authority
Public Health Law secs. 225, 2803, 3612, 4010; SAPA sec. 202(6)
Issued
2021-08-26 Aug. 26, 2021
Effective
2021-08-26; first dose required by Sept. 27, 2021 (general hospitals and nursing homes) and Oct. 7, 2021 (all other covered entities) (read as 2021-08-26)
End
Readopted as a permanent regulation (2022); repealed 2023 (post-period) (read as 2021-09-30)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
  • general hospitals, nursing homes, diagnostic and treatment centers, home care agencies, hospices, adult care facilities and their 'personnel' including contract staff
Functions reached
  • PL nurse, aide and technician placements at every covered entity ('contract staff')
  • JS housekeeping contractors' personnel in covered entities
  • SG security contractors' personnel in covered entities
  • HR vaccination status as a condition of placement
  • CB health care clients
Collection
Staffing and Support Services SEC-19

Operative words

(2) 'Personnel,' for the purposes of this section, shall mean all persons employed or affiliated with a covered entity, whether paid or unpaid, including but not limited to employees, members of the medical and nursing staff, contract staff, students, and volunteers, who engage in activities such that if they were infected with COVID-19, they could potentially expose other covered personnel, patients or residents to the disease.... (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

Enforcement

Public Health Law sec. 12 civil penalties; licensure enforcement

Notes

The health-care-worker mandate written to reach staffing agencies by its definition of 'personnel'; upheld and in force through the quarter (litigation as to religious exemptions post-Sept. 30).

Retrieval note

Department's emergency-regulation PDF; text read.