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§ 11.04 Report of First-Episode Psychosis.
   (a)   Required reports. A hospital must report to the Director of the Division of Mental Hygiene of the Department by telephone or in an electronic transmission format acceptable to the Department, the admission of any person at least 16 and younger than 31 years of age with a psychosis diagnosis as defined in paragraph (1) of this subdivision within 24 hours of such admission; except that such report shall not be required if such person was previously hospitalized with a psychosis diagnosis that was reported, pursuant to this section.
      (1)   Psychosis diagnosis shall mean:
         (A)   Schizophrenia (any type);
         (B)   Psychosis NOS (not otherwise specified);
         (C)   Schizophreniform Disorder;
         (D)   Delusional Disorder;
         (E)   Schizoaffective Disorder;
         (F)   Brief Psychotic Disorder;
         (G)   Shared Psychotic Disorder;
         (H)   Other Specified Schizophrenia Spectrum and Other Psychotic Disorder; or
         (I)   Unspecified Schizophrenia Spectrum and Other Psychotic Disorder.
      (2)   Reports must include patient's:
         (A)   Full Name;
         (B)   Gender;
         (C)   Date of birth;
         (D)   Address;
         (E)   Telephone;
         (F)   Hospital admission date;
         (G)   Diagnosis;
         (H)   Insurance type;
         (I)   Race;
         (J)   Ethnicity;
         (K)   Parent's or guardian's name if patient is a minor; and
         (L)   Parent's or guardian's contact information if patient is a minor.
   (b)   Reports to be confidential. Identifying information reported to the Department, pursuant to this section shall be confidential and shall not be subject to inspection by persons other than authorized personnel of the Division of Mental Hygiene. Other than to such authorized personnel, such information may not be disclosed without the consent of the person who is the subject of such report or someone authorized to act on such person's behalf, except, pursuant to a federal or state law that compels such disclosure.
(Amended City Record 9/20/2018, eff. 1/1/2019)
§ 11.05 Reports.
   (a)   Reports required by 24 RCNY Health Code § 11.03 shall be made by a physician; dentist; licensed chiropractor; doctor of osteopathy; physician's assistant; nurse practitioner; a person in charge of a hospital, clinic, or other institution providing care or treatment; a clinical laboratory in accordance with 24 RCNY Health Code Article 13; or such persons' designees unless otherwise specified. Individual cases of those diseases that subdivision (a) of 24 RCNY Health Code § 11.03 indicates are to be reported only through the Department's electronic reporting mechanism set forth in 24 RCNY Health Code § 13.03(c), shall be reported by clinical laboratories only and no additional reporting pursuant to said subdivision (a) shall be required of others specified herein, unless an outbreak is suspected or confirmed.
   (b)   Reports required by 24 RCNY Health Code § 11.03 shall contain all the information concerning the disease or condition of public health interest and all the information concerning the case, carrier or suspect case required by the Department for the protection of public health. Reports shall be made on forms furnished by the Department and shall contain all the information required by such forms.
   (c)   In addition to any other requirement to report set forth in this Code, when no physician or other person specified in subdivision (a) is in attendance, it shall be the duty of the head of a private household or of the person in charge of any institution, including but not limited to a day care or other congregate care setting with children under the age of six, school, college, university, hotel, shelter, correctional facility or camp, having knowledge of an individual likely to be affected with a disease or condition reportable under 24 RCNY Health Code § 11.03, to report the name and address of such individual to the Department,
§ 11.07 Immunization Registry.
   (a)   (1)   All immunizations administered to any individual age eighteen and under shall be reported to the Department, within 14 days of such immunization, by any person authorized by law to administer an immunization, or a person in charge of a hospital, clinic or other institution where such immunization is administered. Upon application of a person required to report pursuant to this section, the Department in its discretion and when deemed necessary may extend the period of time within which such a person shall report immunizations. Any person required to report pursuant to this section shall also report to the Department any occurrences or matters which are reportable to the Secretary of Health and Human Services pursuant to the Vaccine Adverse Event Reporting System established by 42 U.S.C. § 300aa-25(b) or any successor statute and any rules adopted pursuant thereto. The reporting of such occurrences or matters to the Department shall be made at the same time as made to the Secretary of Health and Human Services.
      (2)   Reports submitted to the Department pursuant to this section shall contain the name, address, and any other information required by the Department for the proper identification of the individual, demographic and epidemiological information and the immunization record, including past immunizations administered to the individual, in the possession of the person required to report pursuant to this section. Such reports shall be made in an electronic transmission format acceptable to the Department or, with the specific approval of the Department, in writing on a form prescribed by the Department via facsimile or by mail.
      (3)   Reports of an immunization administered to any individual age nineteen and above may be submitted to the Department provided that the person administering the immunization or the person in charge of the hospital, clinic or other institution where the immunization is administered, has obtained consent to report such immunization from the person to whom such immunization information relates.
   (b)   All records of immunization created or received by the Department shall be maintained in an immunization registry and shall be subject to the confidentiality provisions of 24 RCNY Health Code § 11.11(d).
(Amended City Record 12/13/2016, eff. 1/12/2017)
§ 11.09 Blood Lead Reporting and Children's Blood Lead Registry.
   (a)   In addition to the reports of blood lead levels made pursuant to 24 RCNY Health Code § 11.03, results of blood lead analyses that are less than three and a half micrograms per deciliter for any resident of the City of New York shall be reported as follows:
      (1)   Except as provided in Paragraph (2), clinical laboratories shall report blood lead test results that are less than three and a half micrograms per deciliter to the Department.
      (2)   A clinical laboratory that reports blood lead test results less than three and a half micrograms per deciliter electronically to the New York State Department of Health shall not be required to make any additional report to the Department of such test results.
      (3)   A person or entity who orders or performs blood lead tests but does not submit the specimen to a clinical laboratory for analysis shall report results of less than three and a half micrograms per deciliter to the Department.
      (4)   Results required to be reported pursuant to this section shall be submitted to the Department in an electronic transmission format acceptable to the Department or in writing via facsimile or by mail, within five (5) business days after such results are known by such person or entity. Reports required pursuant to this section shall contain all the information required by the Department for the protection of public health, and shall be made on forms furnished by the Department or shall contain all the information required by such forms.
   (b)   Children's blood lead registry. All records of blood lead tests created or received by the Department pursuant to 24 RCNY Health Code § 11.03 and this section for children shall be maintained in a registry in accordance with and subject to the limitations on disclosure of 24 RCNY Health Code § 11.11(d).
(Amended City Record 6/19/2019, eff. 7/19/2019; amended City Record 11/4/2022, eff. 12/4/2022)
§ 11.10 Neonatal Herpes Simplex.
At or before initiating treatment for a suspected case of herpes simplex virus infection occurring in a child aged 60 days or less, the health care provider ordering treatment shall collect specimens from one or more vesicles or from any skin lesions suggestive of herpetic disease. Unless otherwise directed by the Department, all such specimens shall be sent by the provider to the New York State Department of Health Wadsworth Center laboratories for diagnostic testing using molecular methods, and reports of positive and negative results shall be forwarded to the Department by the Wadsworth Center laboratories.
§ 11.11 Confidentiality of Reports and Records.
   (a)   (1)   Epidemiological and surveillance reports and records of cases, contacts, carriers, suspect cases or suspect contacts of diseases and conditions of public health interest that are reported to the Department, including but not limited to additional information it may obtain, develop or prepare in the course of an epidemiological investigation, shall be confidential and shall not be subject to inspection by persons other than authorized personnel or agents of the Department or by the State Department of Health pursuant to the State Sanitary Code. The disclosure of such reports, records or information shall not be compelled. No individual's medical or individually identifiable information shall be disclosed from any epidemiological report or record, and no disclosure thereof may be compelled, regarding any individual who is the subject of, or identified in, such a report, or regarding an individual or entity that has made such a report.
      (2)   Epidemiological or surveillance information that is disseminated as aggregated statistical data shall be prepared as determined by the Department in a manner that does not reasonably enable re-identification of any person whose personal health or individually identifiable information is contained in such data.
   (b)   Notwithstanding subdivision (a) hereof, to the extent permissible under applicable law and in accordance with the provisions of 24 RCNY Health Code § 3.25, the person to whom any such epidemiological and surveillance report or record relates, or in the case of a minor or incompetent such person's parent, legal guardian or custodial guardian, may sign a written consent authorizing the Commissioner to disclose such person's own patient information or records of diagnosis or treatment. The consensual disclosure of such information shall only be made to the person to whom the information relates, or to such person's current treating medical provider, or to a court upon receipt of such a written consent and a court order from that court. A disclosure pursuant to this subdivision shall not include the identity of persons who reported the case, investigative or epidemiological information related to the case or the identities and epidemiologic, surveillance and laboratory information on the person's contacts or other suspect or confirmed cases, contacts or carriers associated with the same epidemiologic investigation.
   (c)   Subdivisions (a) and (b) of this section shall not prevent the Commissioner or authorized personnel of the Department from furnishing what the Department determines to be appropriate information to a physician or institution providing examination or treatment to a person suspected of or affected with a disease or condition of public health interest, to an agency approved by the Department for prevention, treatment or social service, or to any person when necessary for the protection of public health. Only the minimum information necessary for the intended purpose shall be disclosed. A person, institution or agency to whom such information is furnished or to whom access to records has been given shall not divulge any part thereof so as to disclose the identity of the person to whom such information or record relates, except insofar as such disclosure is necessary for the treatment of a case or carrier or for the protection of the health of others.
   (d)   1)   Information contained in the immunization registry created pursuant to 24 RCNY Health Code § 11.07 and the children's blood lead registry established pursuant to 24 RCNY Health Code § 11.09 shall be confidential and not subject to inspection by persons other than authorized personnel or agents of the Department and persons or agencies authorized herein. The Department may disclose information contained in said immunization registry in accordance with the provisions of § 2168 of the New York State Public Health Law, and the regulations promulgated pursuant thereto. Information contained in the children's blood lead registry may be disclosed and the Department may permit access to such information by a person, authorized by law to administer or order a blood test, who is treating or testing the individual to whom said information relates, or to a public health agency for the protection of health. The Department may also disclose what it considers appropriate and necessary information from such immunization or children's blood lead registries to a person or agency concerned with immunization or blood lead testing of children authorized by the Department when (i) such person or agency provides sufficient identifying information satisfactory to the Department to identify the individual to whom such information relates and (ii) such disclosure is in the best interests of such individual and, in the case of a child, his or her family, or will contribute to the protection of the public health. Notwithstanding the foregoing, the person to whom any immunization or blood lead test record relates, or his or her custodial parent, guardian, or other person in parental or custodial relation to such person, may, by signing a written consent, authorize the Commissioner to disclose such record.
      (2)   A person, institution or agency to whom such immunization or blood lead registry information is furnished or to whom access to records or information has been given, shall not divulge any part thereof so as to disclose the identity of the person to whom such information or record relates, except insofar as such disclosure is necessary for the protection of the health of the person or other person.
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