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(a) Definitions. As used in this article with regard to animals:
(1) "Actively vaccinated" or currently vaccinated" animal shall mean an animal which has received a rabies vaccine approved by the United States Department of Agriculture (USDA) for interstate sale and use in a particular animal species and administered according to the manufacturer's instructions by or under the direct supervision of a duly licensed veterinarian. Active vaccination may be the result of primary and/or revaccinations administered in accordance with the vaccine manufacturer's recommended revaccination schedule.
(2) "Primary" vaccination shall mean the first administration of an approved rabies vaccine.
(3) "Revaccination" or "booster vaccination" shall mean a vaccination administered no later than one year after the primary vaccination and revaccinations administered at intervals thereafter, in accordance with the recommendations of the manufacturer of a USDA approved rabies vaccine intended to maintain active immunization.
(4) "Exposure" to rabies shall mean introduction of the rabies virus into the body of a human or animal by a skin-piercing bite or by scratch, abrasion, open wound, or contamination of mucous membranes with saliva, or other potentially infectious material from a rabid animal, or as otherwise defined in the New York State Sanitary Code, 10 NYCRR § 2.14, or successor rule.
(5) "Isolate" or "isolation" shall mean the physical separation of animals which have, or are suspected of having, a zoonotic disease communicable to humans from humans or other animals which do not have that disease.
(b) Reports by owners, exposed persons and others. When a person, or an animal capable of contracting rabies, is bitten by a dog, cat or other animal capable of transmitting rabies, or is otherwise exposed to the rabies virus, such person, his or her parent or guardian if he or she is a minor; the person who owns, possesses or controls the biting animal; the person who owns, possesses or controls the animal bitten or exposed to the rabies virus; and any other person having knowledge of the bite or other exposure shall immediately notify the Department by telephone.
(c) Surrender of suspected rabid animals. An animal which, upon examination by a licensed veterinarian, is found to be rabid or is suspected of being rabid, or the body of an animal that died or is suspected of having died of rabies or which was killed because it was suspected of being rabid, shall be surrendered to the Department by the person who owns, possesses or controls it.
(d) Management of exposed animals. A dog, cat, domestic livestock as defined in the New York State Sanitary Code, 10 NYCRR § 2.14, or successor rule, or other animal capable of contracting rabies, which has been bitten by, has been exposed to or has been kept together with a known or suspected rabid animal, and where the animal which inflicted the bite or is the source of exposure is not available for observation or testing, shall be managed as follows:
(1) Unvaccinated animals. An animal which is not currently vaccinated as defined herein shall be kept isolated, at the owner's expense, in a manner prescribed by the Department in a veterinary hospital or other place approved by the Department, under daily veterinary supervision, for a period of 6 months, and shall be vaccinated against rabies upon entry into isolation or one month prior to release, or shall be surrendered to the Department and destroyed with the owner's consent or by order of the Com- missioner.
(2) Actively vaccinated animals. An animal which is actively vaccinated against rabies as defined herein shall be immediately revaccinated and shall be closely observed by its owner for a period of forty-five (45) days, and while in public, prevented from having physical contact with other animals or persons.
(e) Management of biting animals. The person who owns, possesses or controls a dog, cat, a ferret permissible under this Code, or domestic livestock as defined in the New York State Sanitary Code, 10 NYCRR § 2.14, or successor rule, that has bitten or may have otherwise exposed another animal or a person to rabies shall closely observe the animal in his or her custody for a period of ten (10) days, and a person who owns, possesses or controls any other biting animal capable of transmitting rabies shall follow the directions of the Department with regard to observation or with regard to surrendering the biting animal for humane destruction and testing. During such period of observation, if any, a report must be made to the Department as specified herein:
(1) If the animal dies during this period, the owner shall immediately telephone the Department and immediately cause the animal's remains to be delivered to the Department's Public Health Laboratory, or other facility designated by the Department, for rabies examination.
(2) If the animal exhibits symptoms of illness or distress during this period, the owner shall immediately telephone the Department and follow the Department's instructions to either:
(i) transport the animal to the Department or place designated by it; or
(ii) transport the animal to a private licensed veterinarian, who shall immediately report his or her findings to the Department by telephone, and confirm such findings in writing to the Department within 24 hours.
(3) If the animal escapes custody during this period, the owner shall immediately telephone the Department.
(4) If the animal appears normal and healthy on the final day of the observation period required by this subdivision, the owner shall immediately telephone the Department and return the Department-supplied postcard stating that the animal is alive and presents no indication of disease.
(f) Management of unowned biting animals. If no owner can be identified for a biting dog, cat, ferret or domestic livestock capable of transmitting rabies, such animal may be held at a place designated by the Department for ten (10) days, or may be ordered humanely destroyed after being held for two days. Any other biting animals capable of transmitting rabies whose owners cannot be identified may be immediately humanely destroyed. The remains of animals humanely destroyed pursuant to this subdivision prior to expiration of the ten-day observation period specified herein shall be transported to the Department's Public Health Laboratory, or other facility designated by the Department, for rabies examination.
(g) Impoundment. When the Commissioner determines that the potential for rabies epizootic exists in any area, the Commissioner may declare that a dog, cat or other animal capable of transmitting rabies that has bitten a human being or any dog found unrestrained or restrained by a chain or leash exceeding six feet in length on any street or in any public park or place or on any open, unfenced area or lot abutting upon a street, public park or place within such area shall be impounded by the Department, a police officer or other authorized person or agency and managed in accordance with subsection (d) of this section.
(h) When the strict application of any provision of this section presents undue, unusual or unreasonable hardships the Commissioner may, in a specific instance and in his or her discretion, modify the application of such provision consistent with the general purpose and intent of this section and upon such conditions as in his or her opinion are necessary to protect the public health.
(a) Vaccination required. Any person who owns, possess or harbors in New York City a dog, horse or cat four months of age or older, other than a dog, horse or cat exempt from vaccination requirements pursuant to subdivision (d) of this section, shall have such animal actively vaccinated against rabies, as defined in 24 RCNY Health Code § 11.27.
(b) Vaccination certificates and reports to the Department. The veterinarian either administering the vaccine or responsible for supervising the vaccination shall give to the animal’s owner a rabies vaccination certificate. Within five days of performing a vaccination, the veterinarian shall report such vaccination to the Department by forwarding to the Department a completed form provided or approved by the Commissioner via facsimile, mail or electronic transmission acceptable to the Department. In the case of an animal whose health would be adversely affected as a result of a vaccination, the veterinarian shall give to the animal’s owner a signed and dated statement indicating this. In addition, the veterinarian shall, on a form prescribed by the Commissioner, report this information to the Department via facsimile, mail or electronic submission acceptable to the Department within five days of having determined that the administration of a vaccine would adversely affect the health of the animal.
(c) Filing vaccination certificates. The rabies vaccination certificate and the form prescribed by the Commissioner to be forwarded to the Department shall be dated and signed by the veterinarian and shall include the following information: a description of the animal, its age, color, sex, and breed; the dog’s license number; the name and address of the owner; whether the animal was vaccinated or exempted from vaccination by reason of the adverse effect such vaccination would have on its health, and, if vaccinated, the type of vaccine injected, its duration of immunity, the amount and manner of injection, the name of the manufacturer, and the lot number and expiration date of the vaccine. The vaccination certificate shall be effective for the duration of immunity. Upon the expiration of the certificate, the owner shall have the animal revaccinated in accordance with this section.
(d) Exemptions. Active vaccination against rabies shall not be required for dogs, horses or cats actually confined to the premises of incorporated societies, devoted to the care or hospital treatment of lost, strayed or homeless animals, or confined to the premises of public or private hospitals devoted to the treatment of sick animals, or confined for the purposes of research to the premises of colleges or other educational or research institutions, or for dogs or cats actually confined to the premises of a person, firm or corporation actually engaged in the business of breeding or raising dogs or cats for profit and are so licensed as a class A dealer under the Federal Laboratory Animal Welfare Act or if such vaccination would adversely affect the health of the animal as determined by a duly licensed veterinarian.
(a) No person shall intentionally or negligently cause or promote the spread of disease:
(1) By failure to observe, or by improper observance of, applicable requirements of isolation, quarantine, exclusion, treatment or other preventive measures, or by failing to take other precautions in caring for cases or carriers, or suspect cases or carriers of a contagious disease; or
(2) By unnecessarily exposing himself or herself to other persons, knowing himself or herself to be a case or carrier, or suspect case or carrier of a contagious disease; or,
(3) By unnecessarily exposing a person in his or her charge or under his or her care, knowing such person to be a case or carrier or suspect case or carrier of a contagious disease, to other persons; or,
(4) By unnecessarily exposing a person in his or her charge or under his or her care to another person who is known to be a case or carrier, or suspect case or carrier of a contagious disease; or,
(5) By unnecessarily exposing the remains of a person in his or her charge or under his or her care, knowing such person to have been a case or carrier or suspect case or carrier of a contagious disease at the time of his or her death, to other persons.
(b) Nothing contained in this section shall prevent the exposure of a child to specific contagious diseases under such conditions and safeguards as the Department may specify, when there is adequate medical reason for such exposure.
(a) Every physician attending pregnant persons in the City of New York shall in the case of every person so attended take or cause to be taken a sample of blood of such person at 28 weeks of pregnancy, or as soon thereafter as reasonably possible, and in no event later than at 32 weeks of pregnancy, and submit such sample to a laboratory for standard serological testing for syphilis.
(b) Every other person permitted by law to attend pregnant persons in the state, but not permitted by law to take blood tests, shall cause a sample of the blood of any pregnant person under his or her care to be taken by a duly licensed physician at 28 weeks of pregnancy, or as soon thereafter as reasonably possible, and in no event later than at 32 weeks of pregnancy. Such sample shall be submitted to a laboratory for standard serological testing for syphilis.
(c) All syphilis test results, and a treatment plan for persons testing positive, must be prominently recorded in each pregnant person's medical record within one week of receipt of the test results. All test results must be reported to the Department in accordance with the Health Code.
(d) Nothing in this section shall be construed to supplant or otherwise interfere with applicable requirements to perform syphilis testing during pregnancy and at birth pursuant to the New York State Public Health Law and Title 10 of the New York Codes, Rules and Regulations (New York State Sanitary Code), or any successor laws, rules, or regulations.
(Added City Record 10/15/2019, eff. 11/14/2019)
When used in this article:
(a) "Laboratory" or "clinical laboratory" means a facility, including a blood bank, regulated pursuant to Title 5 of Article 5 of the Public Health Law holding a permit issued by the New York State Department of Health, and operating in the City or testing a specimen taken from a City resident.
(b) "Research laboratory" means a laboratory used primarily for research, development, storage, examination or testing of one or more biological agents by or under the direct supervision of a technically qualified individual, but does not include: (i) clinical laboratories and blood banks holding permits issued pursuant to Title 5 of Article 5 of the Public Health Law; (ii) laboratories where recombinant DNA experiments are conducted pursuant to Article 32-A of the Public Health Law; (iii) tissue or organ banks holding permits issued pursuant to Article 43-B of the Public Health Law; and (iv) laboratory facilities operated by New York State or federal governments.
(c) "Biological agent" means an infectious microorganism or hazardous biological material, such as a bacterium, virus, fungus, parasite, or biological toxin that is associated with human disease.
(d) "High-containment research laboratory" means any research laboratory that operates at biosafety level 3 or biosafety level 4, as defined by the Centers for Disease Control and Prevention and National Institutes for Health in Biosafety in Microbiological and Biomedical Laboratories, or successor document available at http://www.cdc.gov/biosafety/publications/bmbl5/BMBL.pdf.
(e) "High-risk agent" means Middle East respiratory coronavirus (MERS-CoV), all Mycobacterium tuberculosis strains and any other biological agent that the Commissioner, upon notice, determines would be a severe risk to public health if released into the environment and could result in severe morbidity or high mortality.
(f) "Select agent" means a biological agent or toxin listed in 42 C.F.R. §§ 73.3 or 73.4 or 9 C.F.R. § 121.4, or any successor provisions, which requires laboratories that possess, use or transfer such agent to register with the Federal Select Agent Program, as described in 42 C.F.R. Part 73, 9 C.F.R. Part 121 and 7 C.F.R. Part 331.
(g) "Exposure" means the ingestion, inhalation, inoculation, or contamination of skin or mucous membranes with a biological agent.
(Amended City Record 6/15/2016, eff. 12/12/2016)
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