§ 51.21 Medical Records.

   (a)   A current cumulative medical record shall be kept for each child and shall be made available for examination by the Department. The record shall contain all defects and data disclosed by the medical examinations given pursuant to 24 RCNY Health Code §§ 51.07(a) and 51.19(b), and a history of all illnesses, accidents and other health data. The record for each child shall be kept on the premises of the children's institution providing care for such child. However, for children's institutions providing care for not more than twelve children, a legible copy of pertinent medical information needed for the proper care of each child may be kept on the premises in lieu of the cumulative medical record and, if so kept, such copy shall be made available for examination by the Department, provided that the cumulative medical record itself is made available for examination by the Department at the location where such record is stored or kept. The cumulative medical record shall be kept available at least until the later of the child's twenty-first birthday or five years after the child leaves the institution.

   (b)   When a child is transferred to another children's institution, a copy of his medical record shall be forwarded at the time of such transfer together with a current medical summary by the institution's physician, including a report of any treatment in progress or recommended treatment.

   (c)   When a child is discharged to the custody of his parent or guardian, a copy of the child's immunizations and other pertinent information, including a report of any treatment in progress or recommended treatment, shall be given at the time of such discharge to the person responsible for the child's care.

§ 51.23 Visitors.

Visiting of children in children's institutions shall be encouraged by scheduling as many visiting hours during each week as possible without undue interference with the institution's program. When possible, a member of the professional staff shall be available to speak to parents and guardians during visiting hours. Visitors with evidence of communicable disease shall be excluded.

Article 53: Family Day Care [Repealed]

Title IV: Environmental Sanitation

Part A: Food and Drugs

Article 71: Food, Drugs and Cosmetics

§ 71.01 Scope.

Unless otherwise indicated, the provisions of this article shall apply to all food, drugs and cosmetics.

§ 71.03 Definitions.

When used in this Code:

   (a)   Food means any raw, cooked or processed edible substances, beverages, ingredients, chewing gum, ice, or water used or intended for use or for sale in whole or in part for human consumption.

   (b)   Drug means:

      (1)   An article recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them.

      (2)   An article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or condition, or to control a bodily function in humans or animals.

      (3)   An article other than food that is intended to affect the structure or any function of the body of human or animals, whether intended to be consumed, aspirated or otherwise absorbed, rubbed, poured, sprinkled, sprayed on, ingested, introduced into or otherwise applied to the human body or any part thereof.

      (4)   An article intended for use as a component of any articles specified in paragraphs (1), (2) or (3) of this subdivision, but does not include a device, instrument, apparatus, or contrivance or their components, parts and accessories, intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals; or to affect the structure or any function of the body of humans or animals.

   (c)   Cosmetic means

      (1)   articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including but not limited to personal hygiene products such as deodorant, shampoo or conditioner, and

      (2)   articles intended for use as a component of any such articles.

   (d)   Raw agricultural commodity means any food in its raw or natural state, including all fruits or vegetables, that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.

   (e)   Federal Food, Drug, and Cosmetic Act means the Federal Food, Drug, and Cosmetic Act of the United States, 21 U.S.C. §§ 301 et seq., as such law may from time to time be amended.

   (f)   Label or labeling shall have the same meaning as the definition in 24 RCNY Health Code § 173.01.