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(a) Upon determining by clear and convincing evidence that the health of others is or may be endangered by a case, contact or carrier, or suspected case, contact or carrier of a contagious disease that, in the opinion of the Commissioner, may pose an imminent and significant threat to the public health resulting in severe morbidity or high mortality, the Commissioner may order the removal and/or detention of such a person or of a group of such persons by issuing a single order, identifying such persons either by name or by a reasonably specific description of the individuals or group being detained. Such person or group of persons shall be detained in a medical facility or other appropriate facility or premises designated by the Commissioner and complying with subdivision (d) of this section.
(b) A person or group removed or detained by order of the Commissioner pursuant to subdivision (a) of this section shall be detained for such period and in such manner as the Department may direct in accordance with this section.
(c) Notwithstanding any inconsistent provision of this section:
(1) A confirmed case or a carrier who is detained pursuant to subdivision (a) of this section shall not continue to be detained after the Department determines that such person is no longer contagious.
(2) A suspected case or suspected carrier who is detained pursuant to subdivision (a) of this section shall not continue to be detained after the Department determines, with the exercise of due diligence, that such person is not infected with or has not been exposed to such a disease, or if infected with or exposed to such a disease, no longer is or will become contagious.
(3) A person who is detained pursuant to subdivision (a) of this section as a contact of a confirmed case or a carrier shall not continue to be detained after the Department determines that the person is not infected with the disease or that such contact no longer presents a potential danger to the health of others.
(4) A person who is detained pursuant to subdivision (a) of this section as a contact of a suspected case shall not continue to be detained:
(i) after the Department determines, with the exercise of due diligence, that the suspected case was not infected with such a disease, or was not contagious at the time the contact was exposed to such individual; or
(ii) after the Department determines that the contact no longer presents a potential danger to the health of others.
(d) A person who is detained pursuant to subdivision (a) of this section shall, as is appropriate to the circumstances:
(1) have his or her medical condition and needs assessed and addressed on a regular basis, and
(2) be detained in a manner that is consistent with recognized isolation and infection control principles in order to minimize the likelihood of transmission of infection to such person and to others.
(e) When a person or group is ordered to be detained pursuant to subdivision (a) of this section for a period not exceeding three (3) business days, such person or member of such group shall, upon request, be afforded an opportunity to be heard. If a person or group detained pursuant to subdivision (a) and this subdivision needs to be detained beyond three (3) business days, they shall be provided with an additional Commissioner's order pursuant to subdivisions (f) and (g) of this section.
(f) When a person or group is ordered to be detained pursuant to subdivision (a) of this section for a period exceeding three (3) business days, and such person or member of such group requests release, the Commissioner shall make an application for a court order authorizing such detention within three (3) business days after such request by the end of the first business day following such Saturday, Sunday, or legal holiday, which application shall include a request for an expedited hearing. After any such request for release, detention shall not continue for more than five (5) business days in the absence of a court order authorizing detention. Notwithstanding the foregoing provisions, in no event shall any person be detained for more than sixty (60) days without a court order authorizing such detention. The Commissioner shall seek further court review of such detention within ninety (90) days following the initial court order authorizing detention and thereafter within ninety (90) days of each subsequent court review. In any court proceeding to enforce a Commissioner's order for the removal or detention of a person or group issued pursuant to this subdivision or for review of the continued detention of a person or group, the Commissioner shall prove the particularized circumstances constituting the necessity for such detention by clear and convincing evidence.
(g) 1) A copy of any detention order of the Commissioner issued pursuant to subdivision (a) of this section shall be given to each detained individual; however, if the order applies to a group of individuals and it is impractical to provide individual copies, it may be posted in a conspicuous place in the detention premises. Any detention order of the Commissioner issued pursuant to subdivision (a) of this section shall set forth: (i) the purpose of the detention and the legal authority under which the order is issued, including the particular sections of this article or other law or regulation;
(ii) a description of the circumstances and/or behavior of the detained person or group constituting the basis for the issuance of the order;
(iii) the less restrictive alternatives that were attempted and were unsuccessful and/or the less restrictive alternatives that were considered and rejected, and the reasons such alternatives were rejected;
(iv) a notice advising the person or group being detained that they have a right to request release from detention, and including instructions on how such request shall be made;
(v) a notice advising the person or group being detained that they have a right to be represented by legal counsel and that upon request of such person or group access to counsel will be facilitated to the extent feasible under the circumstances; and
(vi) a notice advising the person or group being detained that they may supply the addresses and/or telephone numbers of friends and/or relatives to receive notification of the person's detention, and that the Department shall, at the detained person's request and to the extent feasible, provide notice to a reasonable number of such people that the person is being detained.
(2) In addition, an order issued pursuant to subdivisions (a) and (f) of this section, requiring the detention of a person or group for a period exceeding three (3) business days, shall:
(i) advise the person or group being detained that the detention shall not continue for more than five (5) business days after a request for release has been made in the absence of a court order authorizing such detention;
(ii) advise the person or group being detained that, whether or not they request release from detention, the Commissioner must obtain a court order authorizing detention within sixty (60) days following the commencement of detention and thereafter must further seek court review of the detention within ninety (90) days of such court order and within ninety (90) days of each subsequent court review; and
(iii) advise the person or group being detained that they have the right to request that legal counsel be provided, that upon such request counsel shall be provided if and to the extent possible under the circumstances, and that if counsel is so provided, that such counsel will be notified that the person or group has requested legal representation.
(h) A person who is detained in a medical facility, or other appropriate facility or premises, shall not conduct himself or herself in a disorderly manner, and shall not leave or attempt to leave such facility or premises until he or she is discharged pursuant to this section.
(i) Where necessary and feasible under the circumstances, language interpreters and persons skilled in communicating with vision and hearing impaired individuals shall be provided.
(j) The provisions of this section shall not apply to the issuance of orders pursuant to 24 RCNY Health Code § 11.21.
(k) In addition to the removal or detention orders referred to in subdivision (a) of this section, and without affecting or limiting any other authority that the Commissioner may otherwise have, the Commissioner may, in his or her discretion, issue and seek enforcement of any other orders that he or she determines are necessary or appropriate to prevent dissemination or transmission of contagious diseases or other illnesses that may pose a threat to the public health including, but not limited to, orders requiring any person or persons who are not in the custody of the Department to be excluded; to remain isolated or quarantined at home or at a premises of such person's choice that is acceptable to the Department and under such conditions and for such period as will prevent transmission of the contagious disease or other illness; to require the testing or medical examination of persons who may have been exposed to or infected by a contagious disease or who may have been exposed to or contaminated with dangerous amounts of radioactive materials or toxic chemicals; to require an individual who has been exposed to or infected by a contagious disease to complete an appropriate, prescribed course of treatment, preventive medication or vaccination, including directly observed therapy to treat the disease and follow infection control provisions for the disease; or to require an individual who has been contaminated with dangerous amounts of radioactive materials or toxic chemicals such that said individual may present a danger to others, to undergo decontamination procedures deemed necessary by the Department. Such person or persons shall, upon request, be afforded an opportunity to be heard, but the provisions of subdivisions (a) through (j) of this section shall not otherwise apply.
(l) The provisions of this section shall not be construed to permit or require the forcible administration of any medication without a prior court order.
(a) Diseases reportable.
(1) Animals infected with or suspected of having any of the following diseases shall be reported to the Department immediately both by telephone and in writing within 24 hours of diagnosis by submission of a report form via facsimile, mail or electronic transmission acceptable to the Department unless the Department determines that a written report is unnecessary:
Anthrax
Brucellosis
Glanders
Influenza caused by novel influenza viral strain with pandemic potential
Monkeypox
Plague
Q Fever
Severe Acute Respiratory Syndrome (SARS)
Tularemia
(2) Animals infected with any of the diseases set forth in this paragraph shall be reported to the Department within 24 hours of confirmed diagnosis by telephone or in writing by submission of a report form via facsimile, mail or in an electronic transmission acceptable to the Department:
Arborviral Encephalitis, acute, (including but not limited to the following viruses: Eastern equine encephalitis virus, Jamestown Canyon virus, La Crosse virus, Powassan virus, Rift Valley fever, St. Louis encephalitis virus, Western equine encephalitis virus, West Nile virus and yellow fever)
Avian Chlamydiosis (Psittacosis)
Carbapenem-resistant organisms
Leptospirosis
Rocky Mountain spotted fever
Salmonellosis
Tuberculosis
(3) Rabies. An animal infected with or suspected of having rabies, or an animal capable of contracting rabies which has been bitten by, exposed to, or has been kept together with a rabid animal, shall be reported to the Department immediately by telephone and the report shall be confirmed in writing, either by mail, facsimile or electronic transmission acceptable to the Department, within 24 hours after diagnosis unless the Department determines that a written report is unnecessary.
(4) An outbreak or suspected outbreak of any disease, condition or syndrome, of known or unknown etiology, that may be a danger to public health and that occurs in three or more animals, or (b) any unusual manifestation of a disease in an individual animal, shall be reported to the Department immediately by telephone, and confirmed in writing, either by mail, facsimile or electronic transmission acceptable to the Department, within 24 hours after diagnosis unless the Department determines that a written report is not necessary.
(b) Reports.
(1) Reports required by this section shall be made by a veterinarian or veterinary technician, a person in charge of an animal hospital, rehabilitation facility, animal shelter, zoological park, other institution or facility providing or responsible for animal care or treatment, a veterinary diagnostic laboratory, or such persons' designees.
(2) In addition to the institutions and persons required to report the diseases specified in this section, every person having knowledge of the existence of an animal exhibiting clinical signs suggestive of rabies or knowledge of an animal which has died or is suspected of having died of rabies, or which was killed because it was suspected of being rabid, shall immediately report to the Department by telephone the existence of the animal, the current location of the animal or where it was kept or seen, the owner's name, if known, and such other information as may be required by the Department.
(3) Reports required by this section shall contain all the information concerning the disease, and all information regarding the infected animal and its owner, required by the Department for the protection of public health. Information shall include, but not be limited to, name of the disease, type of animal involved, location of the animal and the name, telephone number and address of the owner. Such reports shall be prepared using forms furnished by the Department and contain all the information required by such forms.
(c) Infected and exposed animals prohibited. No person shall bring into the City, or keep, or cause or allow to be kept an animal infected with or exposed to any of the diseases listed in this section, or any other diseases which are transmissible from an animal to a human and are a threat to the public's health as determined by the Department, other than for the purpose of receiving care by a licensed veterinarian or animal hospital, unless such animal is used for scientific research in a laboratory approved pursuant to § 504 of the New York State Public Health Law.
(d) Investigation and management.
(1) Upon receiving a report required by this section, the Department shall make such investigation as the Department considers necessary for the purpose of verifying diagnosis, ascertaining source of infection and discovering other animals and humans exposed to the animal which is the subject of the report. The Department may collect or require to be collected for laboratory examination such specimens as the Department considers to be necessary to assist in diagnosis or ascertaining the source of infection, and shall order the owner or other person harboring or having control of the animal to take such measures as may be necessary to prevent further spread of the disease and to reduce morbidity and mortality in animals and humans.
(2) An animal infected with or suspected of having any disease listed in this section may be seized or impounded by the Department, a peace officer or other authorized person or agency and be ordered held or isolated at the owner's expense under such conditions as may be specified by the Department. Where the Department has determined that an animal presents an imminent and substantial threat to the public health, such animal may be humanely destroyed immediately upon the order of the Commissioner, sent for necropsy and pathologic examination, and its body, and any specimens derived from it, shall be disposed of in a manner approved by the Department.
(e) Confidentiality of reports and records. Reports and records on animals affected with or suspected of having any disease required to be reported to the Department in accordance with this section shall not be subject to inspection by persons other than authorized personnel of the Department. The owner of the animal to whom any such record relates or the owner's legal representative may, however, by signing a written consent, authorize disclosure of the record to identified individuals or entities. This section shall not prevent authorized personnel of the Department from furnishing appropriate information to a veterinarian, physician or institution providing examination or treatment to a person or animal suspected of or infected with a disease, to an agency approved by the Department for prevention or treatment, or to any person when necessary for the protection of public health and safety. 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 or institution to whom such information or record relates, except insofar as such disclosure is necessary for the treatment of persons or animals or for the protection of human and animal health.
(Amended City Record 12/29/2023, eff. 1/28/2024)
(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)
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