STATE OF NEW YORK
________________________________________________________________________
6873
2015-2016 Regular Sessions
IN ASSEMBLY
April 8, 2015
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to the control and
reporting of communicable diseases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2120 of the public health law is amended to read as
2 follows:
3 § 2120. Communicable diseases; control of dangerous and careless
4 patients; commitment. 1. [Whenever] The health officer shall forthwith
5 investigate the circumstances alleged whenever a complaint is made by a
6 physician to a health officer that any person is afflicted with or is
7 suspected to be afflicted with a communicable disease or is a carrier of
8 [typhoid fever, tuberculosis, diphtheria or other communicable disease]
9 any of the following diseases and is unable or unwilling to conduct
10 himself and to live in such a manner as not to expose members of his
11 family or household or other persons with whom he may be associated to
12 danger of infection[, the health officer shall forthwith investigate the
13 circumstances alleged.]:
14 Amebiasis
15 Anaplasmosis (Human granulocytic anaplasmosis)
16 Animal bite, or exposure to rabies
17 Anthrax
18 Arboviral infections, acute (including but not limited to the follow-
19 ing viruses: Chikungunya virus, dengue, Eastern equine encephalitis
20 virus, Jamestown Canyon virus, Japanese encephalitis virus, La
21 Crosse virus, Powassan virus, Rift Valley fever virus, St. Louis
22 encephalitis virus, Western or Venezuelan equine encephalitis
23 virus, West Nile virus and yellow fever)
24 Babesiosis
25 Botulism (including infant, foodborne and wound botulism)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10061-01-5
A. 6873 2
1 Brucellosis (undulant fever)
2 Campylobacteriosis
3 Chancroid
4 Chlamydia trachomatis infections
5 Cholera
6 Creutzfeldt-Jakob disease
7 Cryptosporidiosis
8 Cyclosporiasis
9 Diphtheria
10 Drownings, defined as the process of experiencing respiratory impair-
11 ment from submersion/immersion in liquid whether resulting in death or
12 not
13 Ehrlichiosis (Human monocytic ehrlichiosis)
14 Encephalitis
15 Escherichia coli 0157:H7 infections
16 Falls from windows in multiple dwellings by children sixteen years of
17 age and under
18 Food poisoning occurring in a group of two or more individuals,
19 including clusters of diarrhea or other gastrointestinal symptoms; or
20 sore throat which appear to be due to exposure to the same consumption
21 of spoiled, contaminated or poisonous food, or to having eaten at a
22 common restaurant or other setting where such food was served. Also
23 includes one or more suspected cases of neurologic symptoms consistent
24 with foodborne toxin-mediated, including but not limited to botulism,
25 combroid or ciguatera fish poisoning, or neurotoxic or paralytic shellf-
26 ish poisoning.
27 Giardiasis
28 Glanders
29 Gonococcal infection (gonorrhea)
30 Granuloma inguinale
31 Hantavirus disease
32 Hemolytic uremic syndrome
33 Hemophilus influenzae (invasive disease)
34 Hepatitis A; B; C; D ("Delta Hepatitis"); E; and other suspected
35 infectious viral hepatitides
36 Herpes simplex virus, neonatal infections (in infants sixty days or
37 younger)
38 Hospital associated infections as defined in Title 10 New York Codes,
39 Rules and Regulations (NYCRR) Section 2.2 (New York State Sanitary Code)
40 or its successor law, rule or regulation
41 Influenza, novel strain with pandemic potential
42 Influenza, laboratory-confirmed (only required through the Depart-
43 ment's electronic reporting mechanism set forth in subdivision (c) of
44 section 13.03 of the New York City Health Code)
45 Influenza-related deaths of a child less than eighteen years of age
46 Legionellosis
47 Leprosy
48 Leptospirosis
49 Listeriosis
50 Lyme disease
51 Lymphocytic choriomeningitis virus
52 Lymphogranuloma venereum
53 Malaria
54 Measles (rubeola)
55 Melioidosis
56 Meningitis, bacterial causes (specify type)
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1 Meningococcal, invasive disease
2 Monkeypox
3 Mumps
4 Norovirus, laboratory-confirmed (only required through the Depart-
5 ment's electronic reporting mechanism set forth in subdivision (c) of
6 section 13.03 of the New York City Health Code)
7 Pertussis (Whooping cough)
8 Plague
9 Poisoning by drugs or other toxic agents, including but not limited to
10 lead poisoning consisting of a blood lead level of 10 micrograms per
11 deciliter or higher (see also subdivision (a) of section 11.09 of the
12 New York City Health Code); carbon monoxide poisoning and/or a carboxy-
13 hemoglobin level above 10%; and including confirmed or suspected pesti-
14 cide poisoning as demonstrated by:
15 (a) Clinical symptoms and signs consistent with a diagnosis of pesti-
16 cide poisoning; or
17 (b) Clinical laboratory findings of blood cholinesterase levels below
18 the normal range; or
19 (c) Clinical laboratory findings or pesticide levels in human tissue
20 above the normal range.
21 Poliomyelitis
22 Psittacosis
23 Q fever
24 Rabies
25 Respiratory syncytial virus, laboratory-confirmed (only required
26 through the Department's electronic reporting mechanism set forth in
27 subdivision (c) of section 13.03 of the New York City Health Code)
28 Ricin poisoning
29 Rickettsialpox
30 Rocky Mountain spotted fever
31 Rotavirus, laboratory-confirmed (only required through the Depart-
32 ment's electronic reporting mechanism set forth in subdivision (c) of
33 section 13.03 of the New York City Health Code)
34 Rubella (German measles)
35 Rubella syndrome, congenital
36 Salmonellosis
37 Severe or novel coronavirus
38 Shiga toxin producing Escherichia coli (STEC)(which includes but is
39 not limited to E. coli O157:H7)
40 Shigellosis
41 Smallpox (variola)
42 Staphylococcal enterotoxin B poisoning
43 Staphylococcus aureus, methicillin-resistant, laboratory-confirmed
44 (only required through the Department's electronic reporting mechanism
45 set forth in subdivision (c) of section 13.03 of the New York City
46 Health Code)
47 Staphylococcus aureus, vancomycin intermediate and resistant (VISA and
48 VRSA)
49 Streptococcus, Group A (invasive infections)
50 Streptococcus, Group B (invasive infections)
51 Streptococcus pneumoniae invasive disease
52 Syphilis, all stages, including congenital
53 Tetanus
54 Toxic shock syndrome
55 Trachoma
56 Transmissible spongiform encephalopathy
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1 Trichinosis
2 Tuberculosis, as demonstrated by:
3 (a) Positive culture for Mycobacterium tuberculosis complex; or
4 (b) Positive DNA probe, polymerase chain reaction (PCR), or other
5 technique for identifying Mycobacterium tuberculosis from a clinical or
6 pathology specimen; or
7 (c) Positive smear for acid-fast bacillus, with final culture results
8 pending or not available, on either a microbacteriology or a pathology
9 specimen; or
10 (d) Clinically suspected pulmonary or extrapulmonary (meningeal, bone,
11 kidney, etc.) tuberculosis, such that the physician or other health care
12 professional attending the case has initiated or intends to initiate
13 isolation or treatment for tuberculosis, or to continue or resume treat-
14 ment for previously incompletely treated disease, or, if the patient is
15 not available, that the physician or other health care professional
16 would initiate isolation or treatment if the patient were available; or
17 (e) Biopsy, pathology, or autopsy findings in lung, lymph nodes or
18 other tissue specimens, consistent with active tuberculosis disease
19 including, but not limited to presence of acid-fast bacilli, caseating
20 and non-caseating granulomas, caseous matter, tubercles and fibre-case-
21 ous lesions; or
22 (f) Positive reaction to the purified protein derivative (PPD) Mantoux
23 test or other recognized diagnostic test in a child less than five years
24 of age, regardless of whether such child has had a BCG vaccination.
25 Tularemia
26 Typhoid fever
27 Vaccinia disease, defined as
28 (a) Persons with vaccinia infection due to contact transmission; and
29 (b) Persons with the following complications from smallpox vaccina-
30 tion: eczema vaccinatum, erythema multiforme major or Stevens-Johnson
31 syndrome, fetal vaccinia, generalized vaccinia, inadvertent inoculation,
32 myocarditis or pericarditis, ocular vaccinia, post-vaccinial encephali-
33 tis or encephalomyelitis, progressive vaccinia, pyogenic infection of
34 the vaccination site, and any other serious adverse events (i.e., those
35 resulting in hospitalization, permanent disability, life-threatening
36 illness or death)
37 Varicella, laboratory-confirmed (only required through the Depart-
38 ment's electronic reporting mechanism set forth in subdivision (c) of
39 section 13.03 of the New York City Health Code)
40 Vibrio species, non-cholera (including parahaemolyticus and vulnifi-
41 cus)
42 Viral hemorrhagic fever
43 Yersiniosis
44 2. A physician shall report all suspected or confirmed cases of any
45 disease listed in subdivision one of this section to the department
46 within twenty-four hours of diagnosis by telephone and immediately in
47 writing by the submission of a report form via facsimile, mail or in an
48 electronic transmission form acceptable to the department, unless the
49 department determines that a written report is unnecessary.
50 3. If the health officer finds after investigation that a person [so]
51 afflicted by any medical condition listed in subdivision one of this
52 section is a menace to others, he shall make and file a complaint
53 against such person with a magistrate, and on such complaint the said
54 person shall be brought before such magistrate.
55 [3.] 4. The magistrate after due notice and a hearing, if satisfied
56 that the complaint of the health officer is well founded and that the
A. 6873 5
1 afflicted person is a source of danger to others, may commit the said
2 person to any hospital or institution established for the care of
3 persons suffering from any such communicable disease or maintaining a
4 room, ward or wards for such persons.
5 [4.] 5. In making such commitment the magistrate shall make such order
6 for payment for the care and maintenance of the person committed as he
7 may deem proper.
8 [5.] 6. A person who is committed pursuant to the provisions of this
9 section shall be deemed to be committed until discharged in the manner
10 authorized by section two thousand one hundred twenty-three of this
11 [chapter] title.
12 § 2. The commissioner of the department of health is authorized and
13 directed to promulgate all rules and regulations necessary and desirable
14 to implement the provisions of this act on or before its effective date.
15 § 3. This act shall take effect on the thirtieth day after it shall
16 have become a law.
