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Every certificate of birth, termination of pregnancy and death, and every confidential medical report which is not filed electronically in accordance with other provisions of this Code shall be filled out legibly on typewriter or other device acceptable to the Department or with permanent black ink and shall be properly signed. No certificate or report shall be accepted which is imperfectly filled out, or on which a felt-tipped type of pen has been used, or if it has been corrected, interlined or altered in any manner.
When a birth, termination of pregnancy or death occurs on a bus, train, ship or airplane which terminates a voyage, trip or flight at a terminal in The City of New York, the person in charge or the owner of such bus, train, ship or airplane shall file with the Department a certificate of such birth, if the child is brought into the City, or a certificate of termination of pregnancy or death if the remains are brought into the City. A certificate of birth occurring on a ship or airplane during any voyage, trip or flight which terminates at a terminal in the Port of New York, but not in The City of New York, may be filed with the Department if the child is brought into the City. Certificates, on a form prescribed by the Board and furnished by the Department, shall be filed with the Department within 24 hours following the arrival of the bus, train, ship or airplane. Certificates shall contain such information as the Board may require, including the specific location or the latitude and longitude where such event took place and whether the event occurred on land, at sea, or in the air.
Notwithstanding any other provision of this Code, a birth record in the Department's possession and control becomes a public record on January 31st of the year following 125 years after the date of birth and a death record in the Department's possession and control becomes a public record on January 31st of the year following 75 years after the date of death. The Department shall transfer to the City's department of records and information services all public birth records, death records, and index books.
(Added City Record 3/19/2018, eff. 4/18/2018)
Appendices
(The following materials from the City Charter, Administrative Code and other law or regulation are included in this edition of the New York City Health Code for easy reference).
Rules Governing the Examination, License and Conduct of the Business of Master Plumber
Rules for the Examination, Licensing and Procedure Relating to Motion Picture Theater Matrons
Regulations Governing the Business of Supplying Inhalation Therapy Service and Additional Regulations Governing the Examination and Issuance of Certificates of Competency for Technicians and Supervising Technicians in Inhalation Therapy Service
Rules Governing the Examination, License and Conduct of the Business of Master Plumber
Regulations of the City Civil Service Commission and the Commissioner of Health for the Examination, Licensure and Conduct of the Business of Master Plumber.
Reg. L.M.P.1 Effective date and applicability.
L.M.P.1.1 These regulations shall be effective September 1,1960. They shall be applicable to the examination, licensure and conduct of the business of Master Plumber and shall supersede all prior rules pertaining thereto.
Reg. L.M.P.2 Applications.
L.M.P.2.1 Any person desiring to obtain a license from the Commissioner of Health to engage in the business of Master Plumber shall file an application for examination with the City Civil Service Commission during the period fixed by such Commission. The signed application shall be in the handwriting of the applicant on the form prescribed by the Commissioner and shall give such information as to citizenship, character, education, previous employment, training and fitness as may be required. False or misleading statements may be cause for rejection and possible disqualification of the candidate from taking future license examinations and from holding any position or employment with the City of New York.
L.M.P.2.2 A defective application shall be suspended and the applicant notified of the particulars wherein it requires correction. Corrections must be made within five days after such notice.
L.M.P.2.3 The City Civil Service Commission shall fix the period of not less than two weeks during which applications shall be received. Notice that applications will be received shall be advertised by the Commission for at least two weeks prior to the final date for the receipt of the applications daily in the City Record and, in the discretion of the Commissioner of Health, in such other publications as he may designate.
Reg. L.M.P.3 Qualifications.
L.M.P.3.1 Every person applying for a Master Plumber's License shall
(a) be a citizen of the United States
(b) be thoroughly proficient in reading and writing the English language, and
(c) have not less than ten years' experience in the plumbing industry in the United States, or possess a technical degree in engineering from a college or university approved by the Regents of the University of the State of New York and three years of the specified experience.
Reg. L.M.P.4 Examinations.
L.M.P.4.1 Examinations shall be conducted at least one each year. They shall be under the direction of the director of examinations and be conducted, insofar as practicable, in conformity with the procedure of the Department of Personnel with respect to other license examinations conducted by it.
L.M.P.4.2 The examination shall be designed to determine the merit and fitness of applicants, and shall include a written test, a practical test, and such inquiry into the applicant's reputation, character, responsibility and past experience as the City Civil Service Commission may require.
Reg. L.M.P.5 Examination fee.
L.M.P.5.1 An examination fee of $20 shall be paid by the applicant at the time of filing his application. This fee shall entitle the applicant to take one written test and if he attains a passing rating, to take one practical test. In the event that he fails such practical test, the applicant shall be permitted to take two additional practical tests provided the applications for these practical tests are filed not later than two years from the date of the written test. A separate application and a $10 fee must be filed for each of the subsequent practical tests.
Reg. L.M.P.6 Appeals.
L.M.P.6.1 Claims of manifest error in the rating of an examination must be made to the City Civil Service Commission in writing within two months after the date of the mailing of the failure notice to the candidate. They shall be considered in the manner prescribed for other license examinations.
Reg. L.M.P.7 Committee of plumbing industry.
L.M.P.7.1 Not later than the 15th day of December in each year the director of examinations, in the manner prescribed by law, shall select a committee of the plumbing industry to assist the Commission in the conduct of examinations for the ensuing calendar year.
L.M.P.7.2 To be eligible for recognition by the City Civil Service Commission and the Commissioner of Health as an established Master Plumber association in accordance with the provisions of Section 816-2.0 of the Administrative Code, such association, if not heretofore thus recognized, must (1) have been incorporated under the laws of the State of New York, (2) have a paid-up membership of not less than 100 members on the date of application, (3) have been an active organization for a period of not less than five years immediately preceding the date of application, (4) have not more than 10 percent of its membership affiliated with any other recognized Master Plumber association, and (5) have as its officers or directors persons who are not members of any other recognized Master Plumber association.
Reg. L.M.P.8 Issuance of licenses and metal plates-fees.
L.M.P.8.1 Upon the certification of the City Civil Service Commission that an applicant has qualified as a Master Plumber, the Commissioner of Health shall, except for good cause, issue to the applicant a Master Plumber's license upon payment of a fee of $5.
L.M.P.8.2
(a) In order to engage in the trade/business or calling of a duly registered and Licensed Master Plumber, the licensee shall, before registering with the Department of Buildings, apply to the Commissioner of Health for a "LICENSED PLUMBER" metal plate which shall be issued for the premises designated in the application upon payment of a fee of $5. All "LICENSED PLUMBER" metal plates shall be renewed annually by the Commissioner of Health during the month of January upon payment of a fee of $2.
(b) Where the metal plate has been lost, and an affidavit is submitted establishing such fact, a new metal plate shall be issued by the Commissioner of Health upon a new application and payment of a fee of $5.
Reg. L.M.P.9 Metal plates regulated.
L.M.P.9.1
(a) Not more than one "LICENSED PLUMBER" metal plate shall be issued to any Licensed Master Plumber.
(b) A metal plate shall not be issued for the conduct of business at any premises located in a residence district as provided for on the use district map and in the use district map designated rules accompanying the zoning resolution of the City of New York.
(c) The Commissioner of Health shall reserve the right to refuse to issue or renew a metal plate to any Licensed Master Plumber who fails to display prominently to the public on the window of the place of business, designated in his application or on a sign securely attached to the said premises, his full name with the words "Licensed Plumber" immediately thereunder and, if the business is conducted under a trade name or a copartnership or corporation, such trade name or a co-partnership or a corporation name immediately above his full name. Any vehicle and/or stationery used in conjunction with such business shall have prominently lettered thereon, his full name, the words "Licensed Plumber," metal plate number and business address.
(d) The metal plate when issued shall be kept prominently displayed to the public at the place of business designated in the application. The metal plate shall not be transferred to another address nor shall it be transferred to or displayed in connection with any co-partnership or corporation of which the holder of such plate may become a partner or officer, without first notifying the Commissioner of Health in writing and receiving his written approval thereof. A Master Plumber wishing to engage in the plumbing business as a corporation or partnership or using a trade name shall file such documents as may be required with the Commissioner of Health, showing financial control and responsibility for the performance of plumbing work in accordance with the Administrative Code of the City.
L.M.P.9.2 A person retiring from business as a Master Plumber shall surrender to the Commissioner of Health his metal plate. In the event of the decease of a Master Plumber who was engaged in the plumbing business under a metal plate issued by the Commissioner of Health, his legal representative may, with the consent of the Commissioner of Buildings, carry on and complete all unfinished work of said Licensed Master Plumber for which plans have been filed and approved provided that such work is supervised by a duly Licensed Master Plumber and is completed within one year from the date of death. Such legal representative shall submit an affidavit to the Commissioner of Health, setting forth all the particulars, and if satisfactory, the Commissioner of Health may authorize the retention of the metal plate without any further fee for renewal or otherwise until the completion of said work but not for a greater period than one year as hereinbefore stated.
L.M.P.9.3 All plumbing work shall be installed in accordance with the rules and regulations of the Administrative Code and the Health Code of the City of New York and shall be performed by a licensed and registered Master Plumber or, under his supervision, by his employees or by the employees of the corporation or partnership with which such plumber is associated in conformity with L.M.P.9.1(d).
L.M.P.9.4 A licensed Master Plumber to whom a metal plate has been issued and any corporation or partnership with which he is associated shall not loan, rent, sell or transfer the privileges of such metal plate to any person for the performance of plumbing work.
Reg. L.M.P.10 Revocation, suspension or cancellation of license.
L.M.P.10.1 The Commissioner of Health may at any time revoke, suspend or cancel the license of a Master Plumber for cause, after notice and hearing to the licensee. A Licensed Master Plumber, upon receiving notice that his license and metal plate has been revoked or suspended, shall immediately surrender to the Commissioner of Health his license and metal plate.
Reg. L.M.P.11 Additional regulations.
L.M.P.11.1 The Commissioner of Health and the City Civil Service Commission may prescribe additional regulations governing the examination and conduct of the trade, business or calling of registered and Licensed Master Plumbers. Said regulations shall be separate and distinct from these regulations, but shall in no wise conflict therewith.
Reg. L.M.P.12 Enactment and amendment of regulations.
L.M.P.12.1 These regulations and all amendments thereto shall not become effective until public notice thereof shall have been given in the City Record for not less than three days and a public hearing held thereon.
Rules for the Examination, Licensing and Procedure Relating to Motion Picture Theatre Matrons
Rule 1 Application.
An applicant for examination for the license of a Motion Picture Theatre Matron shall, before being examined, file with the Commissioner of Health an application on such forms as may be prescribed and shall furnish such information as may be required. All applications shall be filled out in the handwriting of the applicant and must be accompanied by two photographs of the applicant, not to exceed 1 1/2 inches square.
Rule 2 Qualifications.
Every applicant for a license shall be at least 21 years old.
Rule 3 Examinations.
The examination of the applicant shall consist of an oral interview and/or written examination relating to the statements furnished in the application and shall include a tuberculin skin test. A chest X- ray examination to determine that the applicant is free from tuberculosis in a communicable form shall be required in cases of a positive skin test.
Rule 4 Licenses: Duration – Revocation.
Licenses shall be issued for a period of not more than three (3) years and shall be deemed revoked at the expiration date thereof unless renewed. Licenses may be revoked and/or shall be surrendered to the Commissioner of Health for cause or upon such other grounds as the Commissioner of Health may deem proper.
Rule 5 Fees.
The fee for the license of motion picture theatre matron together with identification badge shall be two ($2.00) dollars. The license shall at all times be displayed in the cashier's booth of the motion picture theatre where and while the matron is on duty.
Rule 6 Identification.
All matrons while on duty in a theatre shall wear a white uniform and shall display on the left breast thereof the licensed matron's identification badge issued by the Commissioner of Health.
Regulations Governing the Business of Supplying Inhalation Therapy Service
Reg. 1 Application for a Purveyor's License.
(a) Application for a purveyor's license to conduct the business of supplying inhalation therapy service as provided in section 561-3.0 of the Administrative Code of the City of New York, shall be made by the owner on forms furnished by the Department of Health.
(b) In the application the purveyor shall state the address of the principal place of business and, if the purveyor conducts any branch office or place of business, the address or addresses thereof, together with the permit number and date of issuance to the purveyor of the Fire Department permit to store combustibles and dangerous materials at each of said premises where such materials are stored.
Reg. 2 License.
(a) The license shall be issued by the Commissioner of Health for a particular individual, firm or corporation and for the designated principal place of business and branch offices or places of business mentioned in the license and shall not be valid for use by any other person or at any place other than that for which issued, and any transfer as to person or place shall forthwith revoke and terminate such license.
(b) The license shall be conspicuously displayed on the premises designated therein as the principal place of business and a certification of such license, issued by the Department of Health shall be conspicuously displayed at each branch office designated on the license.
Reg. 3 Supervising Technicians.
(a) Every purveyor shall have at least one supervising technician at each place of business from which inhalation therapy equipment is supplied or distributed, who shall be available at all times.
(b) The supervising technician shall be the technical supervisor or director of the inhalation therapy service of such purveyor and he shall supervise the technicians who operate the inhalation therapy equipment of such purveyor or for such purveyor. The supervising technician shall be in charge of the proper operation and servicing of the inhalation therapy equipment.
(c) It shall be the duty of the purveyor to file with the Commissioner of Health within 48 hours after the employment of a supervising technician, a notice of such employment giving the full name and address of the supervising technician, his current certificate of competency number, and the date of commencement of employment. A similar notice of termination of employment shall likewise be filed by the purveyor within 48 hours after the termination of employment of a supervising technician.
Reg. 4 Technicians.
(a) Every purveyor shall employ as many technicians as may be necessary to properly operate the inhalation therapy equipment of such purveyor.
(b) No technician shall operate inhalation therapy equipment of a purveyor or for a purveyor except under the general supervision of a supervising technician of such purveyor.
Reg. 4A
Where purveyors' licenses or supervising technicians' or technicians' certificates of competency have been revoked for cause by the Commissioner of Health, such licenses, supervising technicians' or technicians' certificates of competency shall be surrendered forthwith to the Commissioner of Health by the holders thereof.
Reg. 5 Gas Cylinders and Storage Thereof.
(a) No cylinder containing gas shall be received or used for inhalation therapy service unless it complies with the following:
1. It conforms with the standards and specifications of the Interstate Commerce Commission applicable to such cylinders.
2. It shall be conspicuously marked with the chemical name of the gas in lettering having a height not less than one twenty-fifth (1/25) of the diameter of the cylinders and a minimum height of one-eighth (1/8) inch. Whenever practicable the name of the gas shall appear on the shoulder of the cylinder. It shall be legibly marked with the name and place of business of the manufacturer. All such markings shall be by means of stenciling, stamping or labeling, and of as permanent a nature as practical.
3. On and after January 1,1945, the upper portion, preferably the shoulder of the cylinder, is painted with the distinguishing color to correspond with the gas contained as herein indicated:
For Oxygen Green Color |
For Oxygen and CO2 mixtures Grey and Green |
For Oxygen and Helium mixtures Brown and Green |
4. (a) In the case of oxygen, it is of the high pressure type with a capacity of at least 220 cubic feet or 6,000 liters, at 2,000 pounds per square inch gauge pressure and 70 degrees Fahrenheit, or in the case of half size cylinders, 110 cubic feet at 2,000 pounds per square inch gauge pressure and 70 degrees, Fahrenheit. The provisions of this paragraph shall not become effective until January 1, 1947, but during the period until such effective date, no cylinder with less than 1,800 pounds per square inch gauge pressure shall be supplied. The limitations as to sizes of cylinders of oxygen permitted do not apply to the use of oxygen in cases of emergencies, or for first-aid resuscitation, or for use by ambulatory patients.
(b) The gas contained in a cylinder furnished or used for inhalation therapy shall contain not less than 20 percent of oxygen in the case of helium-oxygen mixtures and not less than 90 percent oxygen in the case of carbon dioxide-oxygen mixtures. Cylinders with mixtures of gases shall be labeled to show the proportion of each gas present in terms of percent by volume.
(c) Every cylinder of carbon dioxide or helium, kept, stored or used by a purveyor, shall comply with the requirements contained in subdivision (a) and on and after January 1,1945, the upper portion, preferably the shoulder of such cylinders, shall be painted with the distinguished color grey in the case of carbon dioxide and brown in the case of helium gas.
(d) All gases furnished or used in inhalation therapy must comply with the United States Pharmacopoeia standards of purity where such standards exist and where a mixture of gases is used each component of such mixtures must comply with said standards.
(e) Adequate space, which shall be clean, dry and away from hot radiators, hot steam pipes, the sun and other sources of heat, shall be provided and used for the storage of cylinders.
(f) Cylinders shall be properly labeled giving the approximate gas contents, and empty cylinders shall be stored separately from full or partly full cylinders.
(g) The valve on every cylinder of a capacity over 50 cubic feet of gas, except when in use, shall be kept covered with a cylinder valve protective cap.
(h) A strict compliance with all fire laws, regulations and ordinances governing the storage of gases or combustible and dangerous materials shall be maintained at all times.
Reg. 6 Regulators.
(a) Every cylinder or group of cylinders of gas, when made ready for use for inhalation therapy service, shall have attached thereto an accurate pressure reducing and regulating mechanism, calibrated to measure flow of gas in liters per minute and shall be equipped with a high pressure gauge to show pressure in the cylinder or group of cylinders.
(b) Before use on each case the regulating mechanism shall be tested for accurate working conditions at the rates of 5 and 10 liters per minute by recognized methods for testing gas flow. The flow meter shall not have an error of more than 10 percent at any of said points and the indicator shall return to zero when the cylinder valve is completely closed.
(c) The flow meter shall be calibrated for the particular gas for which it is to be used.
(d) Regulators, when not in use, shall be protected against dust entering the intake and shall be stored in clean closed cabinets or a satisfactory dust protecting substitute.
(e) Tests for leaks in the regulator shall be made and any leaks found shall be repaired.
(f) A regulating mechanism that has been used on a cylinder of pure carbon dioxide or helium shall not be used on a cylinder containing pure oxygen or mixtures of oxygen with helium or carbon dioxide.
Reg. 7 Tents: Sanitary Condition and Testing.
(a) All tents, that is the cabinet (cooling unit) and the canopy, used for inhalation therapy service shall be maintained in a clean, sanitary condition and in good repair.
(b) No electrical apparatus or appliance used for supplying inhalation therapy service shall be employed unless they have been submitted for examination and a written approval has been obtained from the Commissioner of the Department of Water Supply, Gas and Electricity, as far as the electrical features are concerned.
(c) The cabinet of every motor driven tent, after each use and at least once a month while not in use, shall be checked for:
1. motor failure,
2. temperature control,
3. drainage, if ice is used,
4. leakage of gas by recognized tests, and
5. obstructions which inhibit the free passage of circulation of tent atmosphere.
(d) The cabinet of every thermal tent before being delivered for use shall be checked for drainage if ice is used, for leakage of gas and for any obstruction in the thermal circulating system.
(e) No equipment shall be used unless it is in good condition and capable of maintaining continuously in the closed canopy 45 percent oxygen concentration at a flow of 12 liters per minute.
(f) The equipment shall be tested at the place where it is being installed following installation and prior to the departure of the technician to determine whether it does maintain such oxygen concentration in the closed canopy as has been prescribed for the patient.
Reg. 8 Tents When in Use, Inspections and Charts.
(a) Every tent when in use shall be inspected and checked by a technician of the purveyor to determine the oxygen concentration, temperature and whether the tent is functioning properly, at least twice each day or more often, if necessary.
(b) A record shall be kept on a chart, attached to or near the patient's bed, upon which the technician on each visit or inspection shall enter the date and time of the visit or inspection, the temperature, the liter flow, the oxygen concentration, and such other information as may be necessary, and append thereto his signature or initials.
(c) Cylinders of gas must be securely strapped or supported so that they cannot be accidentally knocked over.
(d) Immediately before use, cylinder valves shall be opened slightly until gas escapes and then closed but this shall not be done in the patient's room.
(e) The ice used in a cooling cabinet shall be inserted in chunks of such size as to maintain proper temperature and circulation of atmosphere.
Reg. 9 Catheters and Masks in General.
(a) All catheters and masks shall be kept in a clean, sanitary condition and in good repair.
(b) When a catheter is used by a patient, the oxygen shall be required to pass or flow through an insufflation bottle or humidifier, unless otherwise ordered by the attending physician.
(c) Every catheter when in continuous use by a patient shall, after removal, be inspected, cleaned and checked by a technician or physician to determine proper functioning at least twice during each 24 hours.
(d) Every mask shall be inspected to determine proper functioning whenever a new cylinder of gas is attached.
(e) Cylinders of gas must be securely strapped or supported so that they cannot be accidentally knocked over.
Reg. 10 Warnings Against Fire Hazards.
(a) Every tent, catheter or mask for inhalation therapy service shall be equipped at the time of delivery with a set of instructions warning against possible fire hazards and the technician shall call attention to these instructions.
(b) Signs, warning against fire hazards, shall be conspicuously displayed in the patient's room and on the door leading to the patient's room. Such signs shall have a white background and shall clearly and legibly bear in red letters the following:
Caution
No Smoking
No Matches
No Sparks
No Open Flames
No Candles
No Oil Grease
No Other Inflammable Materials
No Electric Pads, Electric Call Bells or Other Electrical Equipment
(c) In addition to the aforesaid, the technician shall verbally warn the patient, nurse, members of the household and others attending the patient, against smoking and all other possible fire hazards.
Reg. 11 Cleaning and Sterilization of Equipment.
(a) Adequate space, preferably a separate room, shall be provided for the cleaning and sterilization of inhalation therapy equipment. The floor of such space or room shall be constructed of smooth cement or tile laid in cement or other hard non-absorbent watertight material.
(b) After the termination of each case the tent, both cabinet and canopy, shall be washed with soap and water both inside and outside, and then the canopy either rubbed down with 70 percent alcohol or dipped in a solution of not less than 1:1,000 mercury bichloride for five minutes and washed with water or sterilized by any other satisfactory method.
(c) After the termination of each case the catheter used shall be cleaned and sterilized. The terminal inch of the catheter shall be examined as to whether any of the small holes are plugged. The catheter after such sterilization and examination shall be placed in a sealed container and delivered in such sealed container to the next patient.
(d) After the termination of each case the masks used shall be scrubbed thoroughly with soap and water and then either boiled in water, or immersed or washed in a 70 percent alcohol solution or other effective sterilizing agent.
Reg. 12 Maintenance of Premises and Equipment.
(a) The premises occupied by a purveyor shall be maintained in a clean, sanitary condition.
(b) All equipment used in inhalation therapy service shall be maintained in a clean, sanitary condition and in good working order.
(c) Equipment in usable condition shall be stored separately from unclean or defective equipment.
(d) All equipment returned to the premises, following each use, shall be thoroughly examined for leakage and other defects immediately after cleaning.
Reg. 13 Apprenticeship; Apprentice Certificate.
(a) No person employed by a purveyor, unless accompanied by a technician or supervising technician, shall install, operate or service or assist in installing, operating or servicing of inhalation therapy equipment for a patient.
(b) No person shall work and no employer shall engage, allow or permit to work as an apprentice to a supervising technician or technician unless he is the holder of an apprentice certificate. Before an apprentice is engaged an application for an apprentice certificate signed by the apprentice and countersigned by the employer must be filed by the employer with the Department of Health. Such apprentice certificate shall be valid for one (1) year from date of issuance unless employment is sooner terminated or the certificate is otherwise revoked by the Commissioner of Health.
Reg. 14 Records to be Kept by the Purveyor.
The purveyor shall keep a record of all gas purchased, giving dates, amounts, type of gas, cylinder numbers and person from whom purchased, and he shall also keep a record or each case in which inhalation therapy service was supplied, giving the name of the patient, the place where the service was rendered, the name and address of the physician prescribing the services, the type of equipment, the date and time when service commenced and when service terminated, the amount and type of gas used with the dates of the commencement of each cylinder of gas, and the name of the technician or supervising technician in direct charge of installation of equipment for each case. Such records shall be kept for a period of three years and shall be open to inspection by any authorized representative of the Department of Health.
ADDITIONAL REGULATIONS GOVERNING THE EXAMINATION AND ISSUANCE OF CERTIFICATES OF COMPETENCY FOR TECHNICIANS AND SUPERVISING TECHNICIANS IN INHALATION THERAPY SERVICE
Reg. 20 Applications for Certificates of Competency.
(a) Persons desiring to obtain from the Commissioner of Health a certificate of competency as a technician or as a supervising technician in inhalation therapy service shall apply for the necessary examination by filing with the Department of Health, an application on such forms as may be prescribed, and furnishing such information as to character, education, previous employment, training and fitness as may be required. Applications shall be filled out in the handwriting of the applicant and shall be accompanied by two photographs of the applicant, not to exceed one and one-half inches square. No false or misleading statement shall be made in any application, affidavit or other paper filed with the Commissioner of Health.
(b) Applications shall be received during regular office hours at the office of the Department of Health, 125 Worth Street, Manhattan.
Reg. 21 Qualifications for Certificates of Competency.
(a) Technicians. Applicants for a certificate of competency as a technician shall be thoroughly proficient in reading and writing the English language and shall have had not less than two years attendance at a secondary school or its equivalent, one year of which shall have included instructions in physics, chemistry or general science, or the equivalent. In addition thereto, the applicant shall have had not less than three months experience as an apprentice or experience equivalent thereto.
(b) Supervising technicians. Applicants for a certificate of competency as a supervising technician shall have the same educational qualifications as required for a technician and in addition thereto, shall have had not less than two years' experience as a technician actually engaged in inhalation therapy service.
A person who has a current certification for respiratory therapy technician issued by the American Association for Respiratory Therapy or one who is registered as a respiratory therapist by the American Association for Respiratory Therapy shall be deemed qualified as a supervising technician and shall be issued a certificate of competency as a supervising technician upon filing the appropriate application without being required to take a written examination therefor.
Reg. 22 Examinations for Certificates of Competency.
(a) Examination for the issuance of certificates, or competency as technician or supervising technician, shall be designed to determine the merit and fitness of applicants and shall include a written test, a practical test and such inquiry into applicant's reputation, character, responsibility and past experience as the Commissioner of Health may require.
(b) Examinations shall be conducted on behalf of the Commissioner of Health by a departmental board consisting of at least three employees of the Department of Health designated by the Commissioner. Said Board shall be known as the "Board of Inhalation Therapy."
(c) Examination shall be conducted at least once each year.
Reg. 23 Waiver of Educational Qualifications and Examination.
Upon submission of satisfactory proof by an applicant that he has been engaged in inhalation therapy service prior to October 23, 1943, the educational qualifications hereinbefore mentioned and the examination may be waived (1) for a certificate of competency as a technician, if the applicant has had one year's experience as a technician in inhalation therapy service prior to said date, and (2) for a certificate of competency as a supervising technician, if the applicant has had five years' experience in inhalation therapy service prior to said date. Such proof must be submitted in an application for the respective certificate of competency not later than May 15,1944, except that in a case of a person in the armed services of the United States such proof may be submitted in an application for the respective certificate of competency within one year following honorable discharge from such services.
Reg. 24 Certificate of Competency Regulated.
(a) The Commissioner of Health shall issue a certificate of competency as a technician or supervising technician in inhalation therapy service to those persons who have qualified following an examination for the respective certificate, and to those persons who have qualified under Regulation 23.
(b) A certificate of competency as a technician or supervising technician shall, except for good cause, be renewed each year without further examination. Where a person has failed to apply for renewal of his certificate of competency for two successive years his right to such certificate shall terminate and he shall be required to qualify again before a new certificate is issued.
(c) Each supervising technician and each technician, during the performance of his duties as such, shall carry his certificate or renewal certificate on his person and shall display same on demand.
Reg. 25 Effective Date.
These regulations shall take effect January 1, 1944, except as otherwise provided in paragraphs 3 and 4 of subdivision (a) of Regulation 5 and in subdivision (c) of Regulation 5.
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