{"id":"SEC-19-023","kind":"order","level":"state","jurisdiction":"New York","state":"NY","metro":"","industry":"19","agency":"","eco":"","issuer":"New York State Department of Health, Public Health and Health Planning Council (emergency regulation)","authority":"Public Health Law secs. 225, 2803, 3612, 4010; SAPA sec. 202(6)","instrument":"10 NYCRR 2.61 (emergency regulation adopted Aug. 26, 2021)","title":"Prevention of COVID-19 Transmission by Covered Entities (health care worker vaccination)","dateIssued":"2021-08-26","effective":"2021-08-26; first dose required by Sept. 27, 2021 (general hospitals and nursing homes) and Oct. 7, 2021 (all other covered entities)","end":"Readopted as a permanent regulation (2022); repealed 2023 (post-period)","startDate":"2021-08-26","endDate":"2021-09-30","quarters":["2021Q3"],"types":["VAX","HC","EMP"],"addressees":["general hospitals, nursing homes, diagnostic and treatment centers, home care agencies, hospices, adult care facilities and their \u0027personnel\u0027 including contract staff"],"clause":"(2) \u0027Personnel,\u0027 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","functions":["PL nurse, aide and technician placements at every covered entity (\u0027contract staff\u0027)","JS housekeeping contractors\u0027 personnel in covered entities","SG security contractors\u0027 personnel in covered entities","HR vaccination status as a condition of placement","CB health care clients"],"notes":"The health-care-worker mandate written to reach staffing agencies by its definition of \u0027personnel\u0027; upheld and in force through the quarter (litigation as to religious exemptions post-Sept. 30).","sourceUrl":"https://regs.health.ny.gov/sites/default/files/pdf/emergency_regulations/Prevention%20of%20COVID-19%20Transmission%20by%20Covered%20Entities.pdf","snapshot":"","fileExists":true,"fileBytes":194565,"grade":"primary","character":"","description":"","collection":"SEC-19","url":"/library/SEC-19-023","exhibitUrl":"/exhibit/SEC-19-023","citation":"New York State Department of Health, Public Health and Health Planning Council (emergency regulation), 10 NYCRR 2.61 (emergency regulation adopted Aug. 26, 2021) (Ex. SEC-19-023)","stateName":"New York","related":[]}