{"id":"NY-072","kind":"order","level":"sector-regulator","jurisdiction":"New York","state":"NY","metro":"","industry":"","agency":"","eco":"","issuer":"New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 22, 2021, Vol. XLIII, Issue 38)","authority":"Public Health Law 201, 206, 225; State Administrative Procedure Act 202(6)","instrument":"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","title":"COVID-19 Reporting and Testing","dateIssued":"2021-09-02","effective":"2021-09-02; \u0027The emergency rule will expire November 30, 2021\u0027","end":"Readopted beyond the period","startDate":"2021-09-02","endDate":"2021-09-30","quarters":["2021Q3"],"types":["SCH","VAX","EMP","HC"],"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"],"clause":"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 \u0027as provided for by law\u0027; local health officers (stated)","functions":["IN schools (daily reporting; testing)","HR school staff and contractors (weekly testing unless vaccinated)","WF"],"notes":"The issue\u0027s \u0027Miscellaneous Notices\u0027 section reprints the Commissioner\u0027s Determination on COVID-19 Testing Pursuant to 10 NYCRR 2.62 (Ex. NY-075); it also carries a DFS telehealth amendment","sourceUrl":"https://dos.ny.gov/system/files/documents/2021/09/092221.pdf","snapshot":"","fileExists":true,"fileBytes":737545,"grade":"primary","character":"","description":"","collection":"NY","url":"/library/NY-072","exhibitUrl":"/exhibit/NY-072","citation":"New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 22, 2021, Vol. XLIII, Issue 38), 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 (Ex. NY-072)","stateName":"New York","related":["NY-075","NY-071","DUT-NY-004","DUT-NY-005"]}