New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 825 - Integrated Outpatient Services
Section 825.12 - Staffing
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 825.12
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 Part 58 of Title 10 of the New York Codes of Rules and
Regulations, 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 Part 58 of Title 10 of the New York Codes of Rules and
Regulations, 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 section
2.59
of Title 10 of the New York Codes of Rules and Regulations.
(3) each person delivering health care
services wears identification indicating his/her name and
title.
(c) Medical Director.
(1) Integrated services programs
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; or
(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).
(iii) In
lieu of employing a medical director meeting these requirements, the integrated
program 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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