New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 598 - Integrated Outpatient Services
Section 598.12 - Staffing
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 598.12
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Personnel.
The governing authority shall ensure the employment of personnel without regard to age, race, color, sexual orientation, religion, sex or national origin. A personnel file shall be maintained for each employee.
(b) Integrated services programs that are providing primary care services shall ensure that:
(1) the health status of each employee is
examined prior to the beginning of employment, which is sufficient in scope to
ensure that the employee is free from a health impairment which is of potential
risk to patients or which may interfere with the performance of his/her
duties;
(2) a record of the
following tests, procedures and examinations is maintained for all employees:
(i)
a certificate of immunization
against rubella which means:
(a) a
document prepared by a physician, physician's assistant, specialist's
assistant, nurse practitioner, licensed midwife or a laboratory possessing a
laboratory permit issued pursuant to 10 NYCRR Part 58, demonstrating serologic
evidence of rubella antibodies;
(b)
a document indicating one dose of live virus rubella vaccine was administered
on or after the age of 12 months, showing the product administered and the date
of administration, and prepared by the health practitioner who administered the
immunization; or
(c) a copy of a
document described in clause (a) or (b) of
this subparagraph which comes from a previous employer or the school which the
employee attended as a student; and
(ii) a certificate of immunization against
measles, for all personnel born on or after January 1, 1957, which means:
(a) a document prepared by a physician,
physician's assistant, specialist's assistant, nurse practitioner, licensed
midwife or a laboratory possessing a laboratory permit issued pursuant to 10
NYCRR Part 58, demonstrating serologic evidence of measles antibodies;
or
(b) a document indicating two
doses of live virus measles vaccine were administered with the first dose
administered on or after the age of 12 months and the second dose administered
more than 30 days after the first dose but after 15 months of age showing the
product administered and the date of administration, and prepared by the health
practitioner who administered the immunization; or
(c) a document, indicating a diagnosis of the
employee as having had measles disease, prepared by the physician, physician's
assistant/specialist's assistant, licensed midwife or nurse practitioner who
diagnosed the employee's measles; or
(d) a copy of a document described in clause
(a), (b) or (c) of this
subparagraph which comes from a previous employer or the school which the
employee attended as a student;
(iii) if any licensed physician, physician's
assistant/specialist's assistant, licensed midwife or nurse practitioner
certifies that immunization with measles or rubella vaccine may be detrimental
to the employee's health, the requirements of subparagraph (i) and/or (ii) of
this paragraph relating to measles and/or rubella immunization shall be
inapplicable until such immunization is found no longer to be detrimental to
such employee's health. The nature and duration of the medical exemption must
be stated in the employee's employment medical record and must be in accordance
with generally accepted medical standards, (see, for example, the
recommendations of the American Academy of Pediatrics and the Immunization
Practices Advisory Committee of the U.S. Department of Health and Human
Services); and
(iv) for all
personnel prior to employment or affiliation, except for personnel with no
clinical or patient contact responsibilities who are located in a building or
site with no patient care services, either tuberculin skin test or Food and
Drug Administration (FDA) approved blood assay for the detection of latent
tuberculosis infection, prior to employment or affiliation and no less than
every year thereafter for negative findings. Positive findings shall require
appropriate clinical follow-up but no repeat tuberculin skin test or blood
assay. The medical staff shall develop and implement policies regarding
positive outcomes;
(v) an annual, or
more frequent if necessary, health status reassessment to assure freedom from a
health impairment which is a potential risk to the patients or might interfere
with the performance of duties; and
(vi) documentation of vaccination against
influenza, or wearing of a surgical or procedure mask during the influenza
season, for personnel who have not received the influenza vaccine for the
current influenza season, pursuant to 10 NYCRR section
2.59;
(3) each person
delivering health care services wears identification indicating his/her name
and title.
(c) Medical director.
(1) Integrated
services providers providing primary care services shall have a medical
director. The governing authority shall be responsible for appointing a medical
director who:
(i) is qualified by training,
experience, and administrative ability;
(ii) is a physician licensed by and currently
registered with the New York State Education Department;
(iii) develops and recommends to the
governing authority policies and procedures governing patient care, medical
staff and clinical privileges; and
(iv) is responsible for the supervision of
the quality assurance program and reporting to the governing
authority.
(2) Integrated
services providers providing substance use disorder services shall have a
medical director who, unless such medical director was in place on July 1,
2011:
(i) holds at least one of the following
certifications:
(a) a subspecialty board
certification in addiction psychiatry from the American Board of Medical
Specialties;
(b) an addiction
certification from the American Society of Addiction Medicine; or
(c) a certification by the American Board of
Addiction Medicine (ABAM); or
(d) a
subspecialty board certification in Addiction Medicine from the American
Osteopathic Association; and
(ii) possesses a Federal DATA 2000 waiver
(buprenorphine-certified).
In lieu of employing a medical director meeting these requirements, the integrated services provider providing substance use disorder services may have a consultation agreement with a full- or part-time physician who meets the requirements of this paragraph.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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