NEW YORK 
STATE DEPARTMENT OF HEALTH 
EDWARD S. GODFREY, JR., M.D. 
Commissioner 
THE PUBLIC HEALTH LAW 
Revised to 
December 31, 1944 NEW YORK 
STATE DEPARTMENT OF HEALTH 
EDWARD S. GODFREY, JR., M.D. 
Commissioner 
THE PUBLIC HEALTH LAW 
Revised to 
December 31, 1944 THE PUBLIC HEALTH LAW 
RELEVANT PUBLICATIONS 
The Sanitary Code and Administrative Rules and Regulations 
Extracts from Other New York State Laws Relating to 
Public Health PUBLIC HEALTH LAW 
Table of Contents 
Article page 
I. Short Title 5 
II. State Department of Health 5 
II-A. Maternity, Infancy and Child Hygiene 17 
II-B. State Aid to Counties 18 
II-C. Federal Aid for Maternal and Child Health Service, Care and Treatment of 
Crippled Children and of Other Public Health Work 20 
III. Local Boards of Health 22 
V. Potable Waters 47 
V-A. Joint Disposal of Sewage 58 
VIII-A. The Licensing and Registration of Midwives 62 
XIV. Embalming and Undertaking 65 
XIV-A. Practice of Funeral Directing, Undertaking and Embalming 71 
XV. Sanitary Conditions in Hotels 79 
XVI. Preservation of Life and Health, Cadavers for Medical and Surgical Study... 79 
Vaccination of School Children 80 
Sanitary Condition of Bathing Establishments 81 
Institutions for Children 83 
Cadavers 84 
Tuberculosis 87 
Medical Students Hospital Privileges 92 
Iron Stairways on Certain Buildings 92 
Fire Alarm Boxes on Certain Buildings 93 
XVI- State Tuberculosis Hospitals 93 
XVII. Cleanliness in the Preparation and Service of Food 98 
XVII- Suppression of Certain Nuisances (Houses of Prostitution, etc.) 99 
XVII- Regulation of Certain Contagious Diseases (Venereal Diseases) 104 
XVIII. State Institute for the Study of Malignant Diseases 106 
XVIII- Cancer Control 107 
XIX. State Institutions in the Department 107 
XX. Vital Statistics 114 
XXL County Mosquito Extermination Commission 128 
XXII. Uniform Narcotic Drug Act 132 
XXIII, Live Pathogenic Microorganisms or Viruses 141 
Index 143 THE PUBLIC HEALTH LAW 
(L. 1909, chap. 49, constituting chap. 45 of Consolidated Laws.) 
ARTICLE I 
Short title 
Section 1. Short title. This chapter shall be known as the “Public Health 
Law. ’ ’ 
ARTICLE II 
State department of health * 
Section 2. State department of health; commissioner of health; deputy. 
Functions, powers and duties of department. 
2-a. Public health council. 
2-b. Sanitary code. 
2- Enforcement of sanitary code. 
3. Compensation of officers and employees. 
3- Divisions. 
4. General powers and duties of commissioner. 
4- Sanitary districts; district state health officers; public health 
nurses. 
4-b. Duties of commissioner with respect to laboratories. 
4-c. Duties of commissioner with respect to hospitals for contagious 
diseases. 
4- Grants, gifts and bequests. 
5. Laboratory supply stations. 
5- Regulation and control of autopsies. 
6. Nuisances. 
6- Milk control and inspection. 
6-b. Powers, functions and duties of commissioner of health. 
6-c. Powers of commissioner of health relating to the importation of 
milk and cream; permit; penalty. 
6-d. Emergency measures to protect milk supply. 
7. Overflow of water from the canals. 
8. Employment of local boards and experts. 
9. Examination and inspection of public works. 
10. Acquisition of land. 
11. Power of commissioner where board of health fails to appoint a 
qualified health officer. 
12. Annual report. 
13. Tenement houses in cities. 
14. Inspection of state institutions. 
15. State board of health to mean department of health. 
16. Pending actions and proceedings not affected. (Repealed.) 
17. Violations of health laws or regulations. 
§ 2. State department of health; commissioner of health; deputy.* There 
shall continue to be in the state government a department of health. The 
head of the department shall be the commissioner of health, who shall be a 
physician, a graduate of an incorporated medical college, of at least ten 
years’ experience in the actual practice of his profession, and of skill and 
experience in public health duties and sanitary science and who shall be 
appointed by the governor, by and with the advice and consent of the senate 
* See State Departments Law, § 340. 6 
The Public Health Law 
and hold office until the end of the term of the governor by whom he was 
appointed and until his successor is appointed and has qualified. The pres- 
ent commissioner of health shall be the head of such department and shall 
hold office until the expiration of his present term and until his successor 
is appointed and has qualified. If, prior to the expiration of such present 
term, a vacancy shall occur or exist in the office of the commissioner of 
health it shall be filled by appointment by the governor, by and with the 
advice and consent of the senate, for a term expiring with that of the governor 
by whom the appointment was made. During his term of office he shall not 
engage in any occupation which would conflict with the performance of his 
official duties. The commissioner of health shall appoint and at pleasure 
remove a deputy commissioner, who shall be a physician actively engaged 
in the practice of his profession in this state for at least five years. The 
deputy shall perform such duties as shall be prescribed by the commissioner. 
(Amended by L. 1913, ch. 559, and L. 1927, ch. 48.) 
§ 2y2. Functions, powers and duties of department.* All the functions of 
the state department of health and of the office of commissioner of health 
and all their powers and duties, which were transferred to the department 
of health by section three hundred and forty-one of the state departments 
law or shall have been prescribed by law Avhen this section as hereby enacted 
takes effect, whether in terms vested in such department, in the commissioners 
of health, in the public health council or a committee, member or officer 
thereof, shall continue to be vested in the department of health continued 
by this chapter and shall continue to be exercised and performed therein by 
or through the commissioner of health or the appropriate council, division, 
bureau or officer of such department as prescribed by or pursuant to*law, 
together with such functions, powers and duties as hereafter may be con- 
ferred or imposed upon such department by law. All functions exercised by 
the state engineer and surveyor, prior to January first, nineteen hundred 
and twenty-seven, relating to the approval of plans for sewers, sewer exten- 
sions, sewerage systems and sewage and waste treatment or disposal works, 
now being exercised by the department of public works pursuant to section 
two hundred and twenty-two of the state departments law, are hereby 
assigned and transferred to the department of health and hereafter shall be 
exercised therein by or through the commissioner of health or the appro- 
priate officer, division or bureau thereof pursuant to law, but the assignment 
of such functions shall not be deemed to authorize or require the approval by 
the department of health of plans for sewage and sewage disposal at state 
institutions. All the provisions of this chapter shall apply to the department 
of health continued by this chapter as hereby amended and to the commis- 
sioner of health, the public health council and to the divisions, bureaus and 
officers in such department. (Added by L. 1927, ch. 48; amended bv L. 1928, 
ch. 436.) 
§ 2-a. Public health council. There shall continue to be in the department a 
public health council to consist of the commissioner of health, and eight 
members hereinafter called the appointive members, to be appointed by the 
governor, of whom at least four shall be physicians, and one shall be a sani- 
tary engineer. All of the physicians so appointed shall have had training 
or experience in sanitary science, and at least two of the said physicians 
shall be physicians engaged in the active clinical practice of medicine for a 
period of at least five years prior to their appointment. The terms of office 
of members shall be six years except that the initial term of one of the 
appointive members shall be for three years from January first, nineteen 
hundred thirty-six. Vacancies shall be filled by appointment for the unex- 
* See State Departments Law and Public Works Law. State Department of Health 
7 
pired term. The present members of the council shall continue in office 
until the expiration of their present terms and until their successors are 
appointed and have qualified. The public health council shall meet as fre- 
quently as its business may require, and at least twice in each year. The 
governor shall designate one of the members of the public health council as 
its chairman. The commissioner of health upon the request of the public 
health council shall detail an officer or employee of the department of health 
to act as secretary of the public health council, and shall detail from time to 
time such other employees as the public health council may require. The 
public health council shall enact and from time to time may amend by-laws 
in relation to its meetings and the transaction of its business. The mem- 
bers of the public health council other than the commissioner of health shall 
each receive an annual salary of one thousand dollars and all members shall 
be reimbursed for their reasonable and necessary traveling and other expenses 
incurred in the performance of their official duties. (Added by L. 1913, ch. 
559; amended by L. 1927, eh. 48, and L. 1935, ch. 615.) 
§ 2-b. Sanitary code. Subject to approval by the commissioner of health, 
the public health council shall have power by the affirmative vote of a 
majority of its members to establish and from time to time amend and 
repeal sanitary regulations, without discrimination against any licensed 
physicians. The regulations so established shall be called the sanitary code. 
The sanitary code may deal with any matters affecting the security of life 
or health or the preservation and improvement of public health in the state 
of New York, and with any matters as to which jurisdiction is hereinafter 
conferred upon the public health council. The sanitary code may include 
provisions regulating the practice of midwifery* and for the promotion of 
health in any or all Indian reservations. Every regulation adopted by the 
public health council shall state the date on which it takes effect, and a 
copy thereof, duly signed by the secretary of the public health council, 
shall be filed as a public record in the state department of health and a 
copy thereof shall be sent by the commissioner of health to each health 
officer within the state, and shall be published in such manner as the public 
health council may from time to time determine. The commissioner or his 
deputy shall furnish certified copies of such code and its amendments for a 
fee of one dollar and such certified copies shall be received in evidence in 
all courts or other judicial proceedings in the state. The provisions of the 
sanitary code shall have the force and effect of law and the violation of 
any provision thereof shall constitute a misdemeanor,! punishable on con- 
viction by a fine not exceeding fifty dollars or by imprisonment for not 
exceeding six months, or both. No provision of the sanitary code shall 
relate to the city of New York or any portion thereof, and every provision 
of the sanitary code shall apply to and be effective in all portions of the 
state except the city of New York unless stated otherwise. (Added by L. 
1913, ch. 559; amended bv L. 1923, ch. 494, L. 1927, ch. 48, and L. 1941, 
ch. 220.) 
§ 2-c. Enforcement of sanitary code. The provisions of the sanitary code 
shall, as to matters to which it relates, and in the territory prescribed therefor 
by the publiq health council, supersede all local ordinances heretofore or here- 
after enacted inconsistent therewith. Each city, town or village may, in the 
manner hereinafter prescribed, enact sanitary regulations not inconsistent 
with the sanitary code established by the public health council. The public 
health council shall have power, subject to approval by the commissioner of 
health, to prescribe by regulations, incorporated in and as a part of the sani- 
tary code, the qualifications of directors of divisions, district state health 
* See Art. VIII-A, also S 18-c. 
t See § 17 and footnote. 8 
The Public Health Law 
officers, local health officers hereafter appointed, public health nurses, and, 
applicable to new appointments made after June thirtieth, nineteen hundred 
thirty-seven, if appointees are to be paid from public funds, of dairy and 
milk inspectors, operators of public sewage treatment plants and operators 
of public water treatment and purification plants; provided that appoint- 
ments may be made from civil service lists if established prior to July one, 
nineteen hundred thirty-seven of dairy and milk inspectors, operators of 
public sewage treatment plants and operators of public water treatment and 
purification plants. 
The actions, proceedings and authority of the state health department in 
enforcing the provisions of the public health law and sanitary code applying 
them to specific eases shall at all times be regarded as in their nature judicial 
and shall be treated as prima facie just and legal. All meetings of said 
public health council shall in every suit and proceeding be taken to have been 
duly called and regularly held, and all regulations and proceedings to have 
been duly authorized unless the contrary be proved. 
The public health council shall have no executive, administrative or 
appointive duties. It shall, at the request of the commissioner of health, 
consider any matter relating to the preservation and improvement of public 
health, and may advise the commissioner thereon; and it may from time to 
time submit to the commissioner any recommendations which it may deem 
wise. (Added by L. 1913, ch. 559; amended by L. 1923, ch. 493, L. 1927, 
ch. 48, L. 1937, ch. 628, and L. 1938, ch. 209.**) 
§ 3. Compensation of officers and employees. The commissioner of health 
shall receive an annual salary of twelve thousand dollars, and his expenses 
actually and necessarily incurred in the performance of his official duties, 
to be paid monthly on the audit of the comptroller. The commissioner of 
health shall appoint such assistants as are necessary for the proper perform- 
ance of the powers and duties of the department, and fix their compensation 
within the amount appropriated therefor by the legislature.* He shall fix, 
in the same manner, the compensation of the deputy commissioner. (Amended 
by L. 1913, ch. 559, L. 1919, ch. 541, L. 1923, ch. 485, and L. 1927, ch. 48.) 
§ 3-a. Divisions. There shall be in the state department of health such divi- 
sions, bureaus or other units as the commissioner from time to time may 
determine to be necessary and the director of the budget shall approve. 
(Added by L. 1913, ch, 559; amended bv L. 1921, ch. 510, L. 1922, ch. 402, 
L. 1927, ch. 48, L. 1931, ch. 481, L. 1937, ch. 395, and L. 1944, ch. 298.) 
§ 4. General powers and duties of commissioner. The commissioner of health 
shall take cognizance of the interests of health and life of the people of 
the state, and of all matters pertaining thei’eto. He shall exercise general 
supervision over the work of all local health authorities except in the city of 
New York. He shall have general supervision and control of the medical 
treatment of patients in the New York state hospital for the treatment of 
incipient pulmonary tuberculosis at Ray Brook and the New York state ortho- 
pedic hospital for children at West Haverstraw.§ He shall be charged with 
the enforcement of the public health law and the sanitary code. He shall 
make inquiries in respect to the causes of disease, especially epidemics, and 
investigate the sources of mortality, and the effect of localities,,employments 
and other conditions, upon the public health. He shall obtain, collect and 
preserve such information relating to mortality, disease and health as may 
be useful in the discharge of his duties or may contribute to the promotion 
*♦ Section 2 of ch. 209 provided as follows: “This act shall not impair nor affect 
existing regulations of the public health council prescribed and approved in any man- 
ner authorized by the provisions of such section as in force prior to the taking effect 
hereof." 
• See § 4-a and § 18-a. 
§ Now New York State Reconstruction Home. State Department of Health 
9 
of health or the security of life in the state.** He may issue subpoenas, 
compel the attendance of witnesses and compel them to testify in any matter 
or proceeding before him, and a witness may be required to attend and give 
testimony in a county where he resides or has a place of business without 
the payment of any fees. The commissioner of health may reverse or modify 
an order, regulation, by-law or ordinance of a local board of health con- 
cerning a matter which in his judgment affects the public health beyond the 
territory over which such local board has jurisdiction. He may in his dis- 
cretion from time to time create health districts comprised exclusively of 
lands lying within the boundaries of a state park by filing in the office of the 
secretary of state an order defining generally the boundaries of such district 
or districts.* Upon the making and filing of such an order the local board of 
health of such district shall consist of the park commission and ex-officio the 
state commissioner of health or his duly authorized representative. Such 
board of health shall have all the powers and duties of local boards of health 
and shall appoint a health officer qualified as provided by regulation of the 
public health council. Such health officer shall have all the powers and duties 
under the law of the state and the state sanitary code which local health 
officers now have or hereafter shall have within their respective localities. 
The state health commissioner may from time to time modify or repeal such 
order or orders. The commissioner of health and any person authorized 
by him so to do, may, without fee or hindrance, enter, examine and survey 
all grounds, erections, vehicles, structures, apartments, buildings and places. 
Wherever, in this chapter the commissioner of health is empowered to or 
charged with the responsibility to do or perform any act, he may deputize 
in writing any assistant commissioner, administrative officer, or any director 
of a division in the department to do or perform the act in his place and stead. 
(Amended by L. 1913, ch. 559, L. 1924, ch. 325, L. 1927, ch. 48, L. 1929, ch. 517, 
and L. 1936, ch, 335.) 
§ 4-a. Sanitary districts; district state health officers; public health nurses. 
The commissioner of health shall from time to time divide the state, except 
cities of the first class, into twenty or more sanitary districts. He shall 
appoint for each of such districts a district state health officer who shall be 
a physician. Each district state health officer, under the direction of the 
commissioner of health and subject to the provisions of the sanitary code, 
shall, in addition to such other duties as may be imposed upon him, perform 
the following duties: 
1. Keep himself informed as to the work of each local health officer 
within his sanitary district; 
2. Aid each local health officer within his sanitary district in the per- 
formance of his duties, and particularly on the appearance of any contagious 
disease; 
3. Assist each local health officer within his sanitary district in making 
an annual sanitary survey of the territory within his jurisdiction, and in 
maintaining therein a continuous sanitary supervision; 
4. Call together the local health officers within his district or any portion 
of it from time to time for conference ;f 
5. Adjust questions of jurisdiction arising between local health officers 
within his district; 
6. Study the causes of excessive mortality from any disease in any portion 
of his district; 
7. Promote efficient registration of births and deaths; 
•• See $ 18-b. 
* 1. Palisades Interstate Park, July, 1924. 
2. Allegany State Park, March, 1926. 
t S' i § 21 and § 21-b, subd. 6. 10 
The Public Health Law 
8. Inspect from time to time all labor camps within bis district and 
enforce the regulations of the public health council in relation thereto:* 
9. Inspect from time to time all Indian reservations and enforce all pro- 
visions of the sanitary code relating thereto;** 
10. Endeavor to enlist the cooperation of all the organizations of physi- 
cians within his district in the improvement of the public health therein; 
11. Promote the information of the general public in all matters pertain- 
ing to the public health; 
12. Act as the representative of the state commissioner of health, and 
under his direction, in securing the enforcement within his district of the 
provisions of the public health law and the sanitary code. 
The commissioner of health, whenever he may deem it expedient so to 
do, may employ such number of public health nurses as he may deem wise 
within the limits of his appropriation, and may assign them from time 
to time to such sanitary districts and in such manner as in his judgment 
will best aid in the control of contagious and infectious diseases and in the 
promotion of public health.§ (Added by L. 1913, ch. 559; amended by L. 1923, 
ch. 493.) 
§ 4-b. Duties of commissioner with respect to The commis- 
sioner of health shall establish and maintain one or more laboratories with 
such expert assistants and such facilities as are necessary for routine exam- 
inations and analyses, and for original investigations and research in matters 
affecting public health. He shall have authority to make, at the expense of 
the state, such examinations and analyses at the request of any health officer 
or of any physician. He may enter into contracts with laboratories in 
localities accessible to the various portions of the state for the prompt 
examination of specimens received from local health officers or physicians 
and for the immediate report thereon, at the expense of the state; provided 
that all such laboratories shall conform to the standards of efficiency estab- 
lished by the public health council, and that no obligation shall be incurred 
by the commissioner in excess of the sums available therefor. 
The commissioner of health may issue to laboratories certificates of approval 
covering such laboratory examinations as the state sanitary code may require 
to be made in laboratories approved for such examinations, and may prescribe 
the conditions under which such approvals will be granted. Notwithstanding 
any other conditions which he may prescribe, such an approval shall not be 
issued hereafter to a laboratory, not heretofore approved, unless the director, 
bacteriologist or pathologist in charge of such examinations shall possess 
such educational and technical qualifications as the public health council shall 
establish. (Added by L. 1913, ch. 559; amended by L. 1929, ch. 368, and by 
L. 1932, ch. 310.) 
§ 4-c. Duties of commissioner with respect to hospitals for contagious 
diseases. The commissioner of health shall from time to time submit to the 
authorities of the several municipalities of the state such recommendations 
as he may deem wise as to the establishment of hospitals for contagious 
diseases, indicating the diseases for which in his judgment provision should 
be made and the extent of such provision. It shall be the duty of the com- 
missioner to inspect from time to time all hospitals for contagious diseases 
maintained under the jurisdiction of any municipal authority and to report 
as to the condition and needs of such hospitals to the authorities of the 
municipality, and to include an abstract of such reports in his annual report. 
♦ See Sanitary Code. 
*• See $ 36. 
5 See f 21-c. 
f See § § 5, 20-c to 20-h, 25; Sanitary Code; McKinney’s Unconsolidated Laws, §§ 6791- 
6794; Mental Hygiene Law, § 34, subd. 11; Penal Law, § 185. Also Administrative Rules 
relating to submission of specimens for laboratory examination, and for district laboratory 
supply stations. State Department of Health 
11 
The public health council may from time to time establish regulations for 
the maintenance of hospitals for contagious diseases. (Added by L. 1913, 
ch. 559.) 
§ 4-d. Grants, gifts and bequests.f Subject to the provisions of the state 
finance law the commissioner of health is authorized to take, and administer 
for the state any grant, gift or bequest to be applied, principal or income or 
both, for the purposes specified in such grant, to the maintenance and use of 
any hospital, institution or service in the department of health. (Added by 
L. 1935, ch. 55.) 
§ 5. Laboratory supply stations.* The state commissioner of health or his 
authorized representative may establish stations, to be known as district 
laboratory supply stations, for the distribution of laboratory supplies fur- 
nished by the state department of health. He may designate districts to be 
served by such district laboratory supply stations, each such district to 
include one or more municipalities provided, however, that no such district 
shall include the whole or part of more than one county. The term “munici- 
pality’ ’ as used in this article means a city, village, town or consolidated 
health district. The state commissioner of health may appoint the health 
officer of any municipality, the director or person in charge of any public 
health laboratory, or other competent person, located in each such district, 
to serve as the custodian of the supply station thereof. The health officer 
or other person so appointed shall, with the approval of the state department 
of health, establish such substations as may be necessary for the proper 
distribution of laboratory supplies to all physicians practicing in the district. 
Each district laboratory supply station and the substations thereof shall be 
maintained and operated in accordance with the rules and regulations of 
the state department of health and shall be subject at all times to inspection 
by authorized representatives of the state commissioner of health. The state 
commissioner of health may at any time discontinue any district supply 
station or substation or rescind any appointment previously made under this 
act, when in his judgment or that of his authorized representative such action 
will be in the interest of the public health. The custodian of each district 
laboratory supply station established and operated under this act shall, upon 
certification of the state department of health that he has maintained and 
operated such station and the substations thereof in accordance with its 
prescribed rules and regulations, be entitled to receive annually the sum of 
twenty dollars in consideration of services rendered in the administration 
of such district laboratory supply station, together with the sum of ten 
dollars for each substation established and operated in accordance with the 
provisions of this article, and the actual and necessary expenses of operation 
and maintenance of the district laboratory supply station and substations 
thereof, such sums to be a charge upon the municipality when a single 
municipality is included in such district, and, in districts including more 
than one municipality, upon the county in which the municipalities so included 
are located, to be thereafter assessed by the board of supervisors against 
each municipality included in such district on the basis of the assessed 
valuations. (Added by L. 1920, eh. 620; amended by L. 1921, ch. 399, and 
L. 1923, ch. 637.) 
§ 5-a. Regulation and control of autopsies. (Repealed by L. 1944, ch. 166, 
effective September 1, 1944.) (See Code of Criminal Procedure § 778-a.) 
§ 6. Nuisances.** The commissioner of health shall have all necessary powers 
to make examinations into nuisances, or questions affecting the security of 
t See State Finance Law, § 11. 
* See § 4-b and footnote. 
** See §§ 21, 26, 31, 32; Sanitary Code; and Penal Law, § 1530. 12 
The Public Health Law 
life and health in any locality. Whenever required by the governor of the 
state, he shall make such an examination and shall report the results thereof 
to the governor, within the time prescribed by him therefor. The report 
of every such examination, when approved by the governor, shall be filed in 
the office of the secretary of state, and the governor may declare the matters 
public nuisances, which may be found and certified in any such report to 
be nuisances, and may order them to be changed, abated or removed as he 
may direct. Every such order shall be presumptive evidence of the existence 
of such nuisance; and the governor may, by a precept under his hand and 
official seal, require the district attorney, sheriff and other officers of the 
county where such nuisance is maintained, to take all necessary measures 
to execute such order and cause it to be obeyed, and the acts of any such 
county officer in the abatement of any such nuisance, reasonable or necessary 
for such abatement, shall be lawful and justifiable and the order of the 
governor a sufficient protection to such officer. The expense of such abate- 
ment shall be paid by the municipality where the nuisance occurs, and shall 
be a debt recoverable by such municipality of all persons, maintaining it 
or assisting in its maintenance, and a lien and charge upon the lands upon 
which the nuisance is maintained, which may be enforced by a sale of such 
lands to satisfy the same. 
§ 6-a. Milk control and inspection. The state commissioner of health may 
appoint such milk control specialists, assistant milk control specialists, 
bacteriologists, stenographers, clerks and such other employees and assistants 
as may be required, and may secure such equipment and appliances as may 
be necessary to carry out the purposes of this section, subject to the appro- 
priations made therefor, (Added by L. 1930, ch. 763.) 
§ 6-b. Powers, functions and duties of commissioner of health. The com- 
missioner of health is charged with the duty of protecting and promoting 
the health and welfare of the people of this state by inspecting, regulating 
and supervising the sanitary quality of milk and cream distributed, con- 
sumed or sold within this state, whether produced within or without the 
state. He shall make an investigation, study and survey within and with- 
out the state, to determine, among other things, the following: (a) the 
present sources of supply of milk and cream for household consumption and 
for manufacturing purposes and the amount produced by such sources; (b) 
the adequacy of existing state and municipal machinery for the enforcement 
of sanitary regulations and the extent to which impurities have escaped 
detection and prevention; (e) the proper state or local agencies or combina- 
tion of agencies to be entrusted with the duties and responsibilities of 
effective sanitary control and inspection of milk and cream in its various 
local and state-wide phases; (d) the probable cost to the state of adequately 
enforcing the rules and regulations of the commissioner and the public 
health council; (e) such other relative or pertinent information as the com- 
missioner may deem necessary. (Added by L. 1930, eh. 763.) 
§ 6-e. Powers of commissioner of health relating to the importation of milk 
and cream; permit; penalty. 1. On and after July first, nineteen hundred 
thirty-seven, no person, firm, association, partnership or corporation shall 
engage in or carry on the business of shipping, transporting or importing 
into this state from any other state, territory or foreign country any milk 
or cream for sale, resale or distribution to consumers without first having 
obtained from the commissioner of health a permit authorizing all such 
shipments, transportations or importations; all such permits shall expire on 
June thirtieth following; provided, however, that before the commissioner 
of health shall issue such permit he shall (1) cause an inspection by a New 
York state inspector of the out of state producers’ cows, barns, stables, milk State Department of Health 
13 
houses, water supply, milk equipment, utensils and milk; (2) require a 
veterinarian’s certificate showing the cows to be in a healthy condition; 
and (3) require the applicant or applicants for the permit to satisfy him 
that the milk or cream to be shipped, transported or imported into the state 
meets all of the sanitary requirements and standards for milk and cream 
produced within the state of New York; provided, further, that nothing in 
this section shall be held or construed to apply to evaporated or condensed 
milk manufactured, sold or exposed for sale or exchange in hermetically 
sealed cans. 
2. The commissioner of health shall not issue a permit for the shipment, 
transportation or importation into this state of any milk or cream for sale, 
resale or distribution to consumers which fails to meet in detail in accordance 
with the actual inspection hereinabove described, all sanitary requirements, 
regulations and standards now in force or hereafter promulgated by the state 
department of health for the production of milk or cream within the state. 
3. Any person, firm, association or corporation violating any of the pro- 
visions of this section shall be guilty of a misdemeanor. (Added by L. 1937, 
ch. 404.) 
§ 6-d. Emergency measures to protect milk supply. When in the opinion of 
the commissioner of health a milk supply has been so contaminated as to be 
potentially dangerous to health or serious curtailment of such a supply is 
threatened as a result of accident, sabotage or enemy action, he is hereby 
authorized to embargo any part of any such milk supply pending investigation 
and, notwithstanding any contrary provisions of state law or of local 
ordinances or regulations, to authorize the transfer of milk from one plant 
to another or from one municipality to another for pasteurization and bottling 
and/or for sale until conditions warrant normal operation. (Added by 
L. 1942, ch. 500, L. 1943, ch. 13, and L. 1944, ch. 136, effective immediately 
and shall continue in full force and effect until July first, nineteen hundred 
forty-five.) 
§ 7. Overflow of water from the canals. Whenever water escaping or dis- 
charged from any of the canals of the state, through water gates, spillways 
or otherwise, shall overflow adjacent lands, or any creek or stream receiving 
such waters, or collect in stagnant pools along the canal or any such creek 
or stream to such an extent as to cause disease or sickness to the inhabitants 
of the vicinity, any three of such inhabitants may make a written complaint 
thereof under oath to the commissioner of health, setting forth the extent 
of the injury to the public health, so far as is within their knowledge, and 
the length of time the disease or sickness has existed, which shall be accom- 
panied by a verified certificate of a practicing physician of the vicinity, 
stating the facts known to him, pertaining to the allegations of the com- 
plaint. Upon receipt of such complaint, the commissioner of health shall 
forthwith examine into the facts and circumstances therein set forth, and 
may call on the state superintendent of public works to make such surveys 
as they may require for their information, who shall make the same without 
delay, and if such commissioner is satisfied that such disease or sickness 
exists, and is caused by waters of the canal escaping or discharged there- 
from, he shall so report to the superintendent of public works, without 
unnecessary delay, who shall forthwith abate the cause of such disease or 
sickness. (Amended by L. 1927, ch. 48.) 
§ 8. Employment of local boards and experts. Whenever requested by the 
commissioner of health, any city board of health in this state may appoint 
one of its members to act with and assist the commissioner during the 
examination of any nuisance, or for the purpose of determining whether a 
public nuisance exists. Such representative may take part in such examina- 
tion, and sit with the commissioner during the conduct thereof, but the 14 
The Public Health Law 
final determination of the questions involved shall rest solely with the 
commissioner. The commissioner may from time to time employ competent 
persons to render sanitary service, and make or supervise practical and 
scientific investigations and examinations requiring expert skill, and prepare 
plans and reports relative thereto. 
§ 9. Examination and inspection of public works. All persons having the 
control, charge or custody of any public structure, work or ground, or of 
any plan, description, outline, drawing or chart thereof or relating thereto, 
made, kept or controlled by or under any public authority, shall permit and 
facilitate the examination, inspection and copying thereof by the commissioner 
of health, or by any person authorized by him to make such examination or 
inspection of such copies. 
§ 10. Acquisition of land. 1. If the commissioner of health shall certify to 
the commissioners of the land office that by reason of sudden emergency the 
acquisition of any land is immediately necessary for quarantine or other 
purpose to prevent great danger to the public health, and such commissioners 
are satisfied that such action is necessary, such commissioners may acquire 
by purchase or by condemnation, in the name of the people of the state of 
New York, such land as in their judgment is necessary and suitable for such 
purposes. 
2. The commissioner of health shall, with the approval of the governor, 
whenever money shall have been appropriated therefor, have power and 
authority to appropriate real property in the manner and under the condi- 
tions provided in this section. 
3. The superintendent of public works, upon the request of the commis- 
sioner, shall cause a survey and map, of the lands to be appropriated, to be 
made. The commissioner and the state superintendent of public works, and 
their duly authorized agents and employees, may enter upon such lands and 
the structures thereon for the purpose of making such survey and map. The 
state superintendent of public works shall annex to such map his certificate 
of the accuracy thereof. The original of such map and the certificate 
annexed thereto shall be filed in the office of the department of public works. 
A copy of such map and certificate, certified by the state superintendent of 
public works, shall be filed by him in the office of the county clerk of the 
county in which such lands are situated. 
4. The attorney-general, upon the request of the commissioner, shall 
.hereupon cause a copy of said map and certificate, with notice of the filing 
thereof, to be served upon the owners of the lands included in such survey 
and map and upon all persons and corporations having any estate or interest 
therein. If the attorney-general is not able to serve or cause to be served 
such notice upon all of the owners of such property or all of the persons or 
corporations having an estate or interest therein, after making reasonable 
effort to do so, or if he is unable to ascertain the persons or corporations 
owning or having an estate or interest in any of such lands and the struc- 
tures thereon, or is unable to discover the character of the estate or interest 
in or to any of such lands of any person or corporation, he shall cause such 
map, certificate and notice to be published once in one or more newspapers 
published in the county in which such lands ai’e situated. 
5. From the time of the service or publication of the map, certificate and 
notice as above prescribed, the entry upon and appropriation by the state 
of the property described in such map shall be deemed complete, and there- 
upon such property shall become and be the property of the people of the 
state. The notice so served or published shall be conclusive evidence of such 
entry and appropriation and of the quantity and boundaries of the property 
appropriated for such purposes. The attorney-general shall cause a copy of 
such map, certificate and notice, with an affidavit of the due service thereof State Department of Health 
15 
on the persons and corporations owning such property or having any estate 
or interest therein, or of the due publication thereof, to be recorded in the 
books used for recording deeds in the office of the county clerk of the county 
in which such lands are situated, and the record of such notice and proof 
of service or publication thereof shall be conclusive evidence of the due 
acquisition of the title in the name of the state of the lands described in 
such map. 
6. The commissioner of health shall cause an appraisal to be made by not 
less than three disinterested persons to be employed by it, of the value of 
the lands and structures thereon appropriated by the state as hereinbefore 
provided and of the estates and interests therein of all persons or corpora- 
tions. Such commissioner shall negotiate with the owners of such property 
for the purchase thereof, but in no case shall an amount greater than the 
appraised value of such property be agreed upon. The commissioner and the 
persons or corporations whose property has been appropriated and wrho have 
agreed upon a compensation to be paid therefor shall enter into an agree- 
ment or agreements for the payment of the compensation to be paid, which 
agreement shall provide for confirmatory conveyances or releases by such 
owners to the state and shall be executed by the commissioner and the said 
owners. Such agreement or agreements shall be filed in the office of the 
state comptroller. If the board is unable to agree as to the compensation to 
be paid for any of such lands and the structures thereon, the court of claims 
shall have jurisdiction to determine the amount of such compensation, and 
upon proceedings being brought before such court as provided by law, an 
award shall be made of compensation for the lands and structures thereon 
so appropriated. 
7. The persons or corporations whose property has been taken under the 
provisions of this section and who have agreed upon the compensation to be 
paid therefor or to whom an award or compensation has been made by the 
court of claims shall be entitled to interest from the time of the acquisition 
of title by the state to the date of the payment of the said compensation; but 
such interest shall cease upon the service by the state comptroller upon the 
person or corporation entitled thereto of a notice that the state is ready 
and willing to pay the amount of such compensation upon the presentation 
of proper proof and vouchers. 
8. The attorney-general shall furnish to the commissioner all searches 
necessary to prove the title to the lands taken as provided in this section. 
The expense of such searches, and of making any examination of title, shall 
be paid from the state treasury out of the funds appropriated for that pur- 
pose, on the audit and warrant of the state comptroller. (Amended by L. 
1931, ch. 481.) 
§ 11. Power of commissioner where board of health fails to appoint a 
qualified health officer.* If any local board of health shall fail to appoint a 
health officer qualified as provided by regulation of the public health council, 
the commissioner of health may, in such municipality, exercise the powers 
of a health officer thereof or designate a health officer qualified as provided 
by regulation of the public health council to exercise such powers. The 
expenses lawfully incurred by him in such municipality shall be a charge upon 
and paid by such municipality until such time as a local health officer shall 
be appointed therein, whereupon the jurisdiction conferred by this section 
on the state commissioner of health or other person designated by him shall 
cease. (Amended by L. 1913, ch. 559, and L, 1929, ch. 376.) 
§ 12. Annual report. The commissioner of health shall annually, on or before 
the first day of March, make a written report to the governor upon the vital 
statistics and sanitary conditions and prospects of the state. Such report 
shall set forth the action of the department and of its officers and agents 
• See § 20. 16 
The Public Health Law 
and the names thereof during the past year, a detailed statement of all 
moneys paid out by or on account of the department, and the manner of 
its expenditures during the year, and other useful information, and shall 
suggest any further legislative action or precaution deemed necessary for the 
better protection of life and health. (Amended by L. 1930, ch. 415.) 
§ 13. Tenement houses in cities. The commissioner shall have power to 
examine into the enforcement of the laws relating to tenement houses in 
any city. Whenever required by the governor, he shall make such an 
examination and shall report the results thereof to the governor within the 
time prescribed by him therefor. (Amended by L. 1913, ch. 559.) 
§ 14. Inspection of state institutions. The state commissioner of health shall 
cause to be made from time to time examinations and inspections of the 
sanitary conditions of each state institution and transmit copies of the 
reports and recommendations thereon to the head of the department having 
jurisdiction over the institution examined. It shall be the duty of the 
proper officer of each such institution to immediately report an outbreak of 
a contagious or infectious disease to the state commissioner of health, f and 
upon receipt of such report the commissioner shall advise such officer as to 
the best means to effectually control said disease. (Amended by L. 1910, 
ch. 92, L. 1913, ch. 559, L. 1921, eh. 510, L. 1927, ch. 48, and L. 1944, ch. 137.) 
§ 15. State board of health to mean department of health. Whenever the 
term “state board of health’’ occurs or any reference is made thereto, in 
any law, it shall be deemed to mean or refer to the department of health 
as described in this article. The commissioner of health shall have all the 
powers conferred and perform all the duties imposed by law upon the state 
board of health, or any member, committee or officer thereof, including the 
secretary. 
§ 16. Pending actions and proceedings not affected. (Repealed by L. 1941, 
ch. 42.) 
§ 17. Violations of health laws or regulations,* Any person violating, dis- 
obeying or disregarding the terms of any lawful notice, order or regulation 
prescribed by the state commissioner of health or by the sanitary code, or 
any provision of the public health law or sanitary code, for which a civil 
penalty is not otherwise expressly prescribed by law, shall be liable to the 
people of the state for a civil penalty of not to exceed fifty dollars for every 
such violation. The said penalty may be recovered by an action brought by 
the state commissioner of health in any court of competent jurisdiction. Such 
civil penalty may be released or compromised by the commissioner of health 
before the matter has been referred to the attorney-general and where such 
matter has been referred to him, any such penalty may be released or com- 
promised and any action commenced to recover the same may be settled and 
discontinued by the attorney-general with the consent of the commissioner 
of health. Nothing in this section contained shall be construed to alter or 
repeal any existing provision of law declaring such violations or any of them 
misdemeanors or felonies or prescribing the penalty therefor. (Added by 
L. 1915, eh. 384; amended by L. 1916, ch. 372, and L. 1942, eh. 66.) 
t See § 25, and Sanitary Code. 
•See § 2-b; Sanitary Code; and Penal Law, |§ 1740, 1741. Maternity, Infancy and Child Hygiene 
17 
ARTICLE II-A 
Maternity, infancy and child hygiene 
(Added by L. 1922, eh. 402) 
Section 18. General purposes. 
18-a. Assistants and employees. (Repealed.) 
18-b. General powers and duties of the department. 
18-e. Specific purposes. 
18-d. Serological blood test for syphilis of pregnant women. 
§ 18. General purposes. The objects and purposes of this article shall be the 
safeguarding of motherhood, the saving of infant life and the prevention of 
the diseases and defects of childhood. (Amended by L. 1944, ch. 298.) 
§ 18-a. Assistants and employees. (Kepealed by L. 1944, eh. 298.) 
§ 18-b. General powers and duties of the department. The commissioner of 
health shall act in an advisory and supervisory capacity, in matters pertain- 
ing to the objects and purposes of this article and shall cooperate with and 
stimulate local agencies, public and private, in promoting such measures 
and undertakings as may be designed to accomplish the purposes of this 
article. The commissioner shall cooperate with other state departments 
having jurisdiction over matters affecting the welfare of mothers and children, 
to the end that existing activities may be co-ordinated and duplication of 
effort avoided.f (Amended by L. 1944, eh. 298.) 
§ 18-e. Specific purposes. Among other powers and duties to be exercised 
by the commissioner of health shall be the following: 
1. Making surveys and studies of local conditions influencing the health 
of mothers and children. 
2. Advising localities as to providing adequate care of mothers and infants 
and children to whom such care is not otherwise available. 
3. Holding health consultations for mothers and children in the rural dis- 
tricts in co-operation with local health officers and other physicians. 
4. Instructing local public health nurses in the hygiene of maternity and 
infancy. 
5. Making available to mothers through instruction by physicians, nurses 
and publications, information concerning the hygiene of maternity and 
infancy. 
6. Supervision and training of midwives.* 
7. Prevention of blindness in infancy. 
8. The care and rehabilitation of crippled children not otherwise provided 
for. 
9. Public instruction by means of moving pictures, and lectures and other 
methods regarding preventable conditions affecting infant and maternity 
deaths. (Amended by L. 1944, ch. 298.) 
§ 18-d. Serological blood test for syphilis of pregnant women. Every physi- 
cian attending pregnant women in the state during gestation shall in the 
case of every woman so attended take or cause to be taken a Sample of 
blood of such woman at the time of first examination, and submit such sample 
to an approved laboratory for a standard serological test for syphilis. Every 
other person permitted by law to attend upon pregnant women in the state 
but not permitted by law to take blood tests, shall cause a sample of the 
t See § 4, and Education Law regarding physically handicapped children; General 
Municipal Law regarding child welfare boards and prenatal and maternity care; Social 
Welfare Law : Penal Law, Art. 44 ; and Sanitary Code. 
♦ See Art. VIII-A, and Administrative Rules. 18 
The Public Health Law 
blood of such pregnant woman to be taken by a duly licensed physician and 
submitted to an approved laboratory for a standard serological test for 
syphilis. The term “approved laboratory” means a laboratory approved for 
this purpose by the state department of health, or in the city of New York 
by the department of health of such city. A standard serological test for 
syphilis is one recognized as such by the state department of health or in 
the city of New York by the New York city department of health. (Added 
by L. 1938, eh. 133.) 
ARTICLE II-B 
State aid to counties! 
(Added by L. 1923, ch. 662) 
Section 19. State aid to counties engaging in public health work. 
19-a. Approval of state commissioner of health. 
19-b. Certificate by clerk of board of supervisors; approval; inclusion 
in executive budget; amount of state aid; payment. 
19%. Suppression and control of poliomyelitis; payment of cost. 
§ 19. State aid to counties engaging in public health work. Whenever the 
board of supervisors of any county shall appropriate and expend moneys for 
the construction, establishment or maintenance by such county of a county, 
community, or other public hospital, clinic, dispensary or similar institution, 
or for the purpose of defraying the expenses of such county in any public 
enterprise or activity for the improvement of the public health, or any public 
health work undertaken by such county, within limits to be prescribed by 
the state commissioner of health, such county shall receive state aid in the 
manner and subject to the conditions prescribed in this article. The legisla- 
ture from time to time shall make appropriations for the purpose of render- 
ing such state aid. The state commissioner of health is hereby empowered 
to prescribe limitations upon the aid to be granted, under applications now 
pending or hereafter made. (Amended bv L. 1924, ch. 278, L. 1927, ch. 
195, and L. 1930, ch. 722.) 
§ 19-a. Approval of state commissioner of health. It shall be the duty of the 
state commissioner of health to formulate standards of construction, equip- 
ment, service, administration and work which must be complied with by 
such counties in order to be entitled to state aid, and no state aid shall 
be given to any county unless the state commissioner of health, after inspec- 
tion and examination by him or his representative, shall make his certificate 
that such construction, equipment, service, administration or work is neces- 
sary to the public health and conforms to the standards so established therefor, 
and to the limits prescribed by him as required by section nineteen of this 
article. (Amended by L. 1924, ch. 278.) 
§ 19-b. Certificate by clerk of board of supervisors; approval; inclusion in 
executive budget; amount of state aid; payment. The clerk of the board of 
supervisors of each such county shall, on or before the first day of December 
of each year, transmit to the state commissioner of health a certificate in 
duplicate, on forms and in such detail as he shall require, which shall con- 
stitute a budget of proposed expenditures which has been adopted by the 
board of supervisors of such county for a purpose specified in section nineteen 
of this article, the county fiscal year covered by such budget, the specific 
purposes for Avhich such sums have been budgeted for expenditures, and 
stating that the board of supervisors desires to and hereby does make appli- 
cation for state aid, for reimbursement of fifty per centum of the money 
expended or to be expended by the county. 
t See § 20-h. Maternity, Infancy and Child Hygiene 
19 
The state commissioner of health shall revise each such certificate to meet 
with his approval in accordance with the provisions of section nineteen-a of 
this article. 
On or before January first of each year the state commissioner of health 
shall file with the governor a statement of the aggregate amount of approved 
applications for state aid. Such sums as revised in the discretion of the 
governor, shall be the estimate of state aid under this article to be used in 
the preparation of the executive budget. 
Subsequent to enactment of the appropriation by the legislature the state 
commissioner of health shall revise each such certificate, budget and applica- 
tion for state aid as necessary to bring the aggregate of all budgets within 
the total appropriations available. 
Supplemental certificates, budgets and applications for state aid may be 
transmitted by the clerk of the board of supervisors to the state commissioner 
of health, in the same form as required above, covering temporary or emer- 
gency activities or services to be undertaken by the county during the same 
fiscal period. Such supplemental certificates, budgets and applications for 
state aid may be approved by the state commissioner of health within the 
appropriations available. 
The state commissioner of health shall file one copy of each such revised 
certificate, budget and application for state aid in his office, one copy with the 
clerk of the board of supervisors of each such county and one copy with 
the state comptroller together with a certificate stating what part, if any, 
of the amount stated in such budgets, is necessary to the public health and 
conforms to the standards and limits established by him and indicating his 
approval of such amounts for reimbursement of fifty per centum of the total 
amount expended or to be expended. 
On application by the proper county official the state commissioner of 
health may approve interchanges between items in the approved county 
budgets on file with the state comptroller. 
Periodically, as required by the state commissioner of health, the fiscal 
officer of each county shall file with the state commissioner of health on 
such forms and in such detail as he and the state comptroller shall require, 
a statement of expenditures made by the county for the purposes specified 
in the application for state aid as approved by the state commissioner of 
health. Such statements shall be filed by the state commissioner of health 
with the state comptroller in the manner prescribed or to be prescribed by 
the state comptroller, together with certification stating what part, if any, 
of the amounts expended for purposes specified in the approved application 
for state aid was necessary to the public health and was conformable to the 
standards and limits established by the state commissioner of health as 
provided in section nineteen-a of this article. 
The state comptroller, after audit, shall draw a warrant or warrants upon 
the commissioner of taxation and finance for the amounts to which each 
such county is entitled and the commissioner of taxation and finance shall 
pay the amounts set forth in such warrant or warrants to the county treasurers 
of the counties entitled thereto. 
Reimbursement of the state’s share of expenditures made by counties prior 
to the date this act shall take effect shall be made in accordance with the 
provisions of section nineteen-b of this article prior to this amendment. 
(Amended by L. 1924, ch. 278, L. 1926, ch. 367, and L. 1940, ch. 732.) 
§ 19y2. Suppression and control of poliomyelitis; payment of cost. 1. In 
addition to the powers and duties prescribed by section twenty-five of this 
chapter, every local board of health and every health officer shall exercise 
proper and vigilant medical inspection of all persons, twenty-one years of age 
or over, infected or who have been infected with poliomyelitis, and shall, 
after approval by the state commissioner of health, provide at the remedial 20 
The Public Health Law 
stages of the disease suitable surgical, medical or therapeutic treatment or 
hospital care, and necessary appliances and devices for such persons so 
infected or exposed who can not otherwise be provided for. 
2. One-half of the cost of providing such surgical, medical or therapeutic 
treatment or hospital care and necessary appliances and devices for such 
person infected with poliomyelitis is hereby made a charge against the 
county, or the city of New York, as the case may be, in which such person 
resides, and the remaining one-half of the cost thereof shall be paid by the 
state out of moneys appropriated therefor. All claims for services rendered 
and for supplies furnished and for other expenses incurred in providing such 
treatment, care and necessary appliances and devices shall be paid in the 
first instance by the board of supervisors of the county in which such person 
resides, or if such person resides in the city of New York, by the board of 
estimate, upon vouchers presented and audited in the same manner as in the 
case of other claims against the county. 
3. Such state aid shall be approved by the commissioner of health for such 
cases as have been examined and certified for treatment by the department 
of health, 
4. Claims for reimbursement from state funds under this section shall be 
presented by the respective counties, or the city of New York, to the state 
department of health quarterly, according to the provisions of section nine- 
teen-b of this chapter. The approval of such claims shall be made by the 
state department of health to the extent authorized by this section. The state 
department of health shall certify to the comptroller the amounts so approved 
by it, specifying the amount to which each county, or the city of New York, 
is entitled. The amounts so certified shall be paid from the state treasury 
upon the audit and warrant of the comptroller to the treasurer of such 
counties, or the comptroller of the city of New York, entitled thereto, from 
moneys, available therefor by appropriation. For the purposes of the annual 
departmental estimates for the executive budget the probable amount needed 
for expenditure from state funds under this article shall be regarded as 
financial needs of the state department of health. 
5. Notwithstanding the provisions of section thirty-eight of this chapter or 
any other general, special or local law, the terms “local board of health” and 
“health officers” as used in this section shall include the department of 
hospitals of the city of New York and the provisions of this section shall 
apply with equal effect to the city of New York. 
The department of health and all health officers of the city of New York 
shall promptly report to the department of hospitals all cases of poliomyelitis 
of persons twenty-one years of age and over of which it shall have notice. 
(Added by L. 1942, ch. 819.) 
ARTICLE II-C 
Federal aid for maternal and child health service, care and treatment of 
crippled children and of other public health work 
Section 19-e. Department of health designated as state agency for admin- 
istering certain federal-aid moneys. 
19-d. Powers of the state commissioner of health. 
19-e. Custody and payment of funds. 
19-f. Allotments to municipalities and local health districts. 
§ 19-c. Department of health designated as state agency for administering 
certain federal-aid moneys. 1. The state department of health is hereby desig- 
nated as the agency of the state to administer those parts of the federal 
social security act which relate to maternal and child health services, the, 
care and treatment of crippled children and other public health work and Federal Aid for Ma.ternal and Child Health Service 
21 
to co-operate with the duly constituted federal authorities charged with the 
administration thereof. 
2. The commissioner of health is authorized and empowered to take such 
steps, not inconsistent with law, as may be necessary for the purpose of 
procuring for the people of this state all of the benefits and assistance, financial 
and otherwise, provided, or to be provided for, by or pursuant to any act 
of congress relating to maternal and child health services, care and treatment 
of crippled children and other public health work. (Added by L. 1937, ch. 15.) 
§ 19-d. Powers of the state commissioner of health. The state commissioner 
of health is authorized and empowered: 
1. To receive and disburse pursuant to this article the federal-aid moneys 
allotted to the state by or pursuant to the federal social security act or 
any other act of the congress making appropriations for allocation among 
the states for maternal and child health services, care and treatment 'of 
crippled children and other state and local public health work; 
2. On behalf of the state, to adopt, execute and administer plans and to 
put into effect such measures as may be necessary for maternal and child 
health service, for the care and treatment of crippled children, and for other 
public health work in the state; 
3. On behalf of the state, to make and execute such contracts, agreements, 
covenants or conditions, not inconsistent with law, as may be necessary or 
required by any duly constituted agency of the ‘federal government as a 
condition precedent to receiving or in connection with such benefits and 
assistance; 
4. To co-operate with all state or local authorities and agencies authorized 
under such acts of the congress to carry out the purposes thereof; 
5. To adopt and from time to time to amend such rules and regulations 
and to prescribe such conditions, not inconsistent with law, as may be 
necessary to make available to the people of the state the relief and assistance 
afforded by such act of the congress; 
6. To enforce all of the provisions of this article and rules adopted pursuant 
hereto. (Added by L. 1937, ch, 15.) 
§ 19-e. Custody and payment of funds. The department of taxation and 
finance is designated as custodian of all federal-aid funds allotted to the 
state for the purposes of this article by the United States. Such funds shall 
be payable only on the audit and warrant of the comptroller on the certificate 
of the commissioner of health as provided in section twelve-a of the state 
finance law. Subject to the rules and regulations of the commissioner of 
health, such funds may be allocated to any municipal corporation, including 
New York city, and to any local health district for the use of such municipal 
corporation or local health district in carrying out the purposes of such 
act of the congress. (Added by L. 1937, ch. 15.) 
§ 19-f. Allotments to municipalities and local health districts. Notwith- 
standing the provisions of any general, special or local law, the governing body 
of any municipal corporation or of any local health district by a majority 
vote may authorize the proper officials of such municipal corporation or 
local health district to accept grants or allotments made to such municipal 
corporation or local health district by the state commissioner of health for 
the purpose of extending or improving within such municipal corporation 
or local health district the maternal and child health services, the care and 
treatment of crippled children, and other public health work. The state 
commissioner of health is authorized and empowered to prescribe the terms 
and conditions, not inconsistent with law, which must be fulfilled, and the 
standards of service which must be met by the authorities of any municipal 
corporation or local health district in order to receive such allotment of 
federal-aid moneys. (Added by L. 1937, eh. 15.) 22 
The Public Health Law 
Local boards of health 
ARTICLE m 
Section 20. Local boards of health. 
20-a. Expenses of consolidated health district. 
20-b. County health districts. 
20-c. Laboratories. 
20-d. Powers of boards of supervisors in relation to laboratories. 
20-e. Powers of boards of managers of laboratories. 
20-f. Powers of the director of a laboratory. 
20-g. Laboratories in cities. 
20- State aid. 
21. General powers and duties of local boards of health. 
21- Powers and duties as to sewers. 
21-b. General powers and duties of health officers. 
21-c. Public health nurses. 
22. City health officers. 
23. Burial and burial permits. (Repealed.) 
24. Regulating interments in cemeteries. 
24- Persons, firms, and corporations procuring blood donors to be 
licensed. 
25. Infectious and contagious or communicable diseases. 
25- Prevention of the spread of rabies. 
25-b. Reporting of cancer and other malignant tumors. 
26. Nuisances. 
27. Owner to bear all or part of expense of removal of waters 
wherein mosquito larvas breed. 
28. Assessing cost on property benefited. 
29. Municipality may bear part of expense. 
30. Assessing expense upon property benefited. 
31. Removal of nuisances. 
32. Expenses of abatement of nuisances a lien upon the premises. 
33. Manufacturers in tenement houses and dwellings. 
34. Jurisdiction of town boards. 
35. Expenses, how paid. 
36. Relief of indigent Indians in case of epidemic. 
36-a. Providing for the care and maintenance of carriers of disease. 
37. Mandamus, 
38. Exceptions and limitations as to city of New York. 
38-a. Noxious weeds and growths; declaration of nuisance; determina- 
tion of period of danger to public health; notice to remove, 
destroy and abate weeds and growths. 
39. Certain kinds of business and manufacture prohibited in cities 
or within three miles therefrom; exceptions. 
40. Health and welfare services to all children. 
§ 20. Local boards of health. 1. There shall continue to be local boards of 
health and health officers in the several cities, villages and towns of the state 
except as hereinafter provided. In cities under fifty thousand population 
according to the latest federal or state census or enumeration as from time 
to time made, the board shall consist of the mayor of the city who shall 
be its president, and six other persons, one of whom shall be a competent 
physician, who shall be appointed by the common council, upon the nomination 
of the mayor, and shall hold office for three years. Appointments of members 
of such boards shall be made for such shorter terms as at any time may be 
necessary, in order that the terms of two appointed members shall expire 
annually. In the cities, except cities whose charters otherwise provide, the 
board shall appoint, for a term of four years, a competent physician, not one 
of its members, who shall be a citizen and qualified as provided by regulation Local Boards op Health 
23 
of the public health council, to be the health officer of the city, and shall fill 
any vacancy that now exists or may hereafter exist from expiration of term or 
otherwise in the office of health officer of the city. In villages the board of 
health shall consist of the board of trustees of such village. In towns the 
board of health shall consist of the town board. The local board of health 
shall appoint a competent physician qualified as provided by regulation of 
the public health council, not a member of the local board of health, to be 
the health officer of the municipality, except as hereinafter provided for 
joint appointment by two or more local boards of health of one health officer 
for the municipalities joining in such appointment. Notwithstanding the 
provisions of any general or local law or charter, a physician who is 
qualified as provided by regulation of the public health council at the time 
of his appointment shall be eligible for appointment as health officer. The 
term of office of the health officer shall be four years and he shall hold office 
until the appointment of his successor. He may be removed for just cause 
by the local board of health or the state commissioner of health after a 
hearing; such removal by the local board of health must be approved by the 
state commissioner of health. The health officer need not reside within the 
village or town for which he shall be chosen. Notice of the membership and 
organization of every local board of health shall be forthwith given by such 
board to the state department of health. The term “municipality,’’ when 
used in this article, means the city, village, town or consolidated health dis- 
trict for which any such local board may be or is appointed. The provisions 
herein contained as to the boards of health, and for the appointment of health 
officers, shall apply to all towns and villages, whether such villages are organ- 
ized under general or special laws. The members of town boards and of 
village boards of trustees shall not receive additional compensation by 
reason of serving as members of boards of health, except that in the case of 
consolidated health districts members of the boards of health of such dis- 
tricts, whether or not members of a town board or a village board of 
trustees, shall be allowed a per diem compensation of not more than ten 
dollars for each calendar day’s actual attendance at a meeting of the board 
of health of the district, to be fixed and determined by the board of health 
of the district, and which compensation in the case of any member shall 
not exceed the sum of one hundred and fifty dollars in any one year. Mem- 
bers of boards of health of consolidated districts shall also be allowed their 
actual and necessary expenses. Such compensation and expenses of members 
of boards of health of consolidated health districts shall be audited and paid 
in the same manner as the other expenses of the consolidated health districts. 
Any matter within the jurisdiction of a town or village board of health may 
be considered and acted upon at any meeting of such town board or village 
board of trustees. 
2. A single health officer for a town and village, or for two or more towns 
or villages, jointly, may be appointed by the local boards of health thereof, 
upon the authorization of a resolution or ordinance duly adopted by each of 
the governing boards of the towns or villages affected, with the approval of 
the state commissioner of health. Such resolution or ordinance shall state 
the proportion of compensation and expenses of the health officer for which 
each such town or village is responsible. The power of a local board of 
health to remove the health officer shall in such case be exercised jointly by 
the local boards participating in the appointment. A health officer so 
appointed for one or more towns or villages shall have and exercise in each 
such town or village all the rights, powers, duties and obligations conferred 
and imposed by law upon a health officer therein, in the same manner as 
though appointed separately, rather than jointly, by such local boards of 
health, for each such town or village. 
3, The state commissioner of health, on the request of the town board 
of any town and the board of trustees of any village and the common council 24 
The Public Health Law 
or other like authority of any city, may combine into one health district, 
hereinafter referred to as a consolidated health district, any two or more of 
such towns, villages or cities and may on the request of the town board of 
any town, board of trustees of any village or common council or other like 
authority of any city at any time thereafter set apart such town, village or 
city as a separate health district. In any consolidated health district there 
shall be a board of health which shall consist of the supervisor of each 
town, the president of the board of trustees of each village, and the mayor 
and the supervisors of each city included in each district, provided that if 
the number of members so provided for is an even number less than seven, 
such members shall within thirty days after such district shall have been 
established by the state commissioner of health choose an additional member 
of such board of health to be known as the elective member, and if the 
number of members so provided for is more than seven such members shall 
meet and elect a board of health of three members for such consolidated 
health district: and provided further that a member of the board, sitting 
ex officio and not as one of a new board of three elected as last above pro- 
vided, who is the lawful incumbent of more than one of the offices entitling 
him to membership shall have as many votes in the board as there are 
municipalities of the district, in which he holds such offices, and in such a 
case the total number of votes on the board shall be regarded as the number 
of members, in applying the provisions hereof relative to the choosing of an 
additional member or reducing the membership to a board of three. Of the 
board of health first so elected one member shall be elected to serve until 
one year from the first day of January following his election, one to serve 
two years, and one to serve three years from such first day of January, and 
until his successor has been elected and has qualified. Prior to December 
first each year such village presidents, mayors and supervisors shall meet 
and elect one member of the board of health who shall serve three years from 
the January first following and until his successor has been elected and 
has qualified. An elective member shall serve for a term of two years from 
the first day of January preceding his election and until his successor shall 
have been appointed, provided that if at any time the number of members 
of the board of health, excluding the elective member, shall become an odd 
number, the term of office of the elective member shall thereupon cease. 
The board of health of a consolidated health district shall from time to 
time elect a president from among its members. The health officer of a 
consolidated health district shall serve as the secretary of the board of health 
thereof without additional remuneration therefor. 
In each such consolidated health district the board of health shall appoint 
a health officer qualified as provided by regulation of the public health 
council. Each board of health and each health officer of a consolidated 
health district shall have all the rights, powers, duties and obligations con- 
ferred and imposed by law upon boards of health and health officers 
respectively. 
The board of health of a consolidated health district may employ and 
fix the compensation of an attorney, which shall be audited and paid in the 
same manner as the other expenses of the district. 
When any consolidated health district is established, as herein provided, 
the boards of health of the towns, villages or cities included within such 
district, shall thereupon cease to exist as boards of health, and all their rights, 
powers, duties and obligations shall thereupon be transferred to the board 
of health of such district. When the board of health of any such consoli- 
dated health district shall have appointed a health officer therefor, the terms 
of office of the health officers of the towns, villages or cities included in 
such district shall cease, and all their rights, powers, duties and obligations 
shall thereupon be transferred to and imposed upon the health officer appointed 
for such consolidated health district. Local Boards of Health 
25 
The board of health of any such consolidated health district shall from 
time to time audit all accounts, and allow or reject all charges, claims and 
demands against such health district for the remuneration and expenses of 
the health officer, registrar or registrars, and for all other expenses lawfully 
incurred by said board of health or on its authority. Unless such board 
of health of such consolidated health district adopts the estimate system of 
payments as provided by this section they shall, prior to the annual meeting 
of the board of supervisors each year, make an abstract, to be known as the 
consolidated health district abstract, of the names of all persons who have 
presented to them accounts to be audited, the amounts claimed by each such 
person and the amounts finally audited and approved by them respectively, 
and, if such district be wholly in one county, shall deliver such abstract to 
the clerk of the board of supervisors. If such consolidated health district 
be located in more than one county the board of health of such district shall 
divide the total amount of the consolidated health district abstract as audited 
and approved in proportion to the assessed valuation of the real and personal 
property of the towns, villages or cities of such consolidated health district 
located in each county, as determined by the last preceding assessment-rolls 
of the towns or cities wholly or partly included in such district, and shall 
deliver a certified copy of such abstract to the board of supervisors of each 
such county, with a statement of the amount due from the real and personal 
property of each town, village or city of the consolidated health district in 
each such county on account of the expenses of such board. The board of 
supervisors of each such county shall levy a tax upon the real and personal 
property within such health district sufficient to provide for the sums audited 
and approved by the board of health thereof and chargeable to the real and 
personal property of each town, village or city of the consolidated health 
district in each such county. Such sums, when collected and paid to the 
county treasurer of each such county, respectively, shall be paid by him 
to the president of subh board of health and shall be disbursed by him in 
accordance with the abstract of claims audited and approved by such board 
of health, as hereinabove provided. 
The board of health of any consolidated health district may annually 
make an estimate of the expenses of such board for the ensuing calendar 
year and, if such district be wholly in one county, shall deliver a certified 
copy of such estimate to the clerk of the board of supervisors of such 
county prior to the annual meeting of the board preceding such year. If 
such consolidated health district be located in more than one county, the 
board of health of such district shall proportion the total amount of such 
estimate in the same manner as provided by this section for proportioning 
the expenses of such a district when audited and approved by the board, 
and shall deliver to the clerk of the board of supervisors of each such county 
a certified statement of the total estimate and the amount due from the 
real and personal property of each town, village or city of the consolidated 
health district in each such county on account thereof. The board of 
supervisors of each such county shall levy a tax upon the real and personal 
property within such health district sufficient to provide for the portion of 
the amount of such estimate chargeable to the real and personal property 
of each town, village or city of the consolidated health district in each such 
county. Such sums, when collected and paid to the county treasurer of 
each county respectively, shall be paid by him to the president of such board 
of health and shall be disbursed by the board of health in accordance with 
the estimates. After such estimate system has been adopted by a con- 
solidated health district, the board of health thereof shall deduct from the 
estimate for the succeeding calendar year the amount, if any, remaining in 
the hands of such board after all of the liabilities incurred on account of 
the preceding estimate have been paid, before the certified statement of the 26 
The Public Health Law 
total estimate and the amount due from the real and personal property of each 
town, village or city of the consolidated health district in each such county 
is certified to the respective clerks of the boards of supervisors for collec- 
tion. (Amended by L. 1909, ch. 165, L. 1913, ch. 559, L. 1915, chs. 124 
and 555, L. 1916, ch. 369, L. 1918, ch. 275, L. 1919, ch. 423, L. 1920, ch. 621, 
L. 1921, ch. 270, L. 1929, ch. 376, L. 1937, ch. 191, L. 1938, ch. 660, L. 1942, 
ch. 459, and L. 1944, ch, 729.) 
§ 20-a. Expenses of consolidated health district. A consolidated health dis- 
trict may adopt the estimate system as provided by section twenty of this 
chapter, and, as provided by such section, may make and file with the clerk 
of the board of supervisors of the county, or if such district be located in 
more than one county, with the clerk of the board of supervisors of each such 
county, an estimate for the remainder of the current year and for the 
ensuing calendar year. (Added by L. 1917, ch. 182; amended by L. 1943, 
ch. 710, effective April 2, 1945.) 
§ 20-b. County health districts.* 1. Definitions. Whenever used in the 
public health law the term “county health district” shall mean a county 
health district heretofore or hereafter established pursuant to the provisions 
of this section; the term “county department of health” shall mean that 
division of the county government having jurisdiction over the public health 
of the county health district; the term “county board of health” shall mean 
the board of health of such county health district; the term “county health 
commissioner” shall mean the executive officer of such county department 
of health. 
2. The board of supervisors of any county, with the approval of the state 
commissioner of health, shall have power to establish such county or a part 
thereof as a county health district and in such event shall appoint a county 
board of health for such county health district. No city or any part thereof 
shall be included as a part of any such county health district unless the 
mayor and common council of such city or the officials exercising similar 
powers shall have consented thereto. 
Whenever the provisions of this section shall have been proposed to be 
adopted in any county, and proceedings have been taken to establish a county 
health district within any such county, the board of supervisors shall notify 
the state commissioner of health in writing of the proposed establishment of 
such county health district, and in such notice shall state the extent of 
the territory intended to be included within such district. The consent of 
the state commissioner of health to the establishment of any such county 
health district shall be evidenced by a certificate, setting forth the approval 
of the state commissioner of health to the establishment of such county 
health district and such certificate shall be filed with the clerk of the board 
of supervisors. 
3. The county board of health shall consist of seven members, except that 
each city which becomes a part of the county health district shall be entitled 
to one additional representative on the county board of health to be appointed 
by the board of supervisors from a list of three persons submitted by the 
mayor or other administrative head of such city and which city representa- 
tive so appointed shall have all the powers and duties conferred upon other 
members of said board and whose term of office shall be six years. The 
members of the county board of health shall be residents of the county health 
district, one of whom shall be a member of the board of supervisors selected 
by the board of supervisors, and at least three of whom shall be physicians 
licensed to practice in the state of New York. The county medical society 
of the county in which a county health district is established may submit to 
•See § 389; Sanitary Code; McKinney’s Unconsolidated Laws, S§ and 
Conservation Law. Cattaraugus, Columbia, Cortland, Nassau, Suffolk, and Westchester 
are county health districts. Local Boards of Health 
27 
the board of supervisors a list of physicians from which the board of super- 
visors may choose the medical members of the county board of health. The 
term of office of each appointive member of said county board of healtli shall 
be six years, and the term of one of the members shall expire annually. 
The first appointments shall be made for the respective terms of six, five, 
four, three, two and one years. Vacancies shall be filled by appointment for 
the unexpired terms. 
4. The members of the county board of health shall receive for attendance 
at meetings of the board a per diem compensation which shall be fixed by the 
board of supervisors and in addition thereto they shall be allowed actual and 
necessary traveling expenses, to be audited and paid in the same manner as 
other expenses of such board of health. 
5. In counties having a county auditor or county comptroller, all charges 
and other expenses of such district shall be audited and paid in the same 
manner as other charges against the county. In counties not having a county 
auditor or county comptroller, all accounts, charges, claims and demands 
of such county health district shall be presented to and audited by the 
county board of health and paid by the county treasurer upon warrants of 
the county board of health within the limits of the appropriation made 
therefor. 
6. Upon the establishment of a county board of health as herein provided 
it shall exercise all the powers and perform all duties of local boards of health, 
and such county board of health may formulate, promulgate, adopt and 
publish rules, regulations, orders and directions for the security of life and 
health in the county health district which shall not be inconsistent with the 
state sanitary code. Every rule, regulation, order and direction adopted by a 
county board of health shall state the date on which it takes effect and a 
copy thereof signed by the county commissioner of health or his deputy shall 
be filed as a public record in the state department of health, the county 
department of health and in the office of the county clerk and shall be 
published in such manner as the county board of health may from time to 
time determine. Such rules, regulations, orders and directions shall be known 
as the sanitary code of such county health district. The county commis- 
sioner of health or his deputy shall furnish certified copies of such code 
and its amendments for a fee of one dollar and such certified copies shall 
be received in evidence in all courts or other judicial proceedings in the 
state. The provisions of such sanitary code shall have the force and effect of 
law. Any violation of or non-conformance with any provision of such sani- 
tary code or of any rule, regulation, order or special direction duly made 
thereunder shall constitute a misdemeanor punishable by a fine of not more 
than fifty dollars or by imprisonment for not more than six months or by 
both such fine and imprisonment. 
7. Such county board of health shall elect annually one of its number as 
president and another as vice-president. It shall also appoint a county health 
commissioner, who, in addition to his duties as health commissioner may be 
designated by the county board of health to act as secretary without extra 
compensation. Such county health commissioner shall possess such qualifica- 
tions for office as shall have been approved by the public health council. He 
shall serve for a term of six years and shall not be removed during the term 
for which he shall have been appointed, except upon written charges after a 
hearing and upon notice. He shall devote his whole time to the duties of his 
office and shall receive such compensation as the county board of health shall 
determine within the limits of the appropriations made by the board of super- 
visors. He shall, within his district, possess all the powers conferred upon 
and perform all the duties required of local health officers. Local health 
officers who continue to hold office as herein provided after the establishment 
of a county health district shall be deputies of the county health commis- 
sioner, who may require any such local health officer to perform within his 28 
The Public Health Law 
local jurisdiction any such duty. The county health commissioner may, upon 
the authorization of the county board of health and within the limits of the 
appropriations therefor, appoint such additional deputies, assistant deputies 
and other employees as may be required to fulfill in the county health dis- 
trict the purposes of this section. Such deputies and assistant deputies shall 
have the qualifications prescribed for health officers by regulation of the 
public health council. 
The county health commissioner may designate in writing a deputy to 
whom shall be delegated all the powers and duties of the county health com- 
missioner when such county health commissioner is unable to act by reason 
of absence or disability. 
The county board of health shall have the power to remove the health 
officer of any local health district included within such county health dis- 
trict or any deputy or assistant deputy of the county health commissioner 
for cause, upon charges, and after such health officer or deputy or assistant 
deputy has, with due notice, been given an opportunity to be heard. The 
proceedings in connection with such removal shall be subject to review by 
the state commissioner of health, who within thirty days of the receipt of an 
order of a county board of health removing such local health officer, may 
revoke such order whereupon such order shall be void. 
8. Except as hereinafter provided, local health districts within the area 
of any county health district, shall continue to exist as subdivisions of the 
county health district, and the local boards of health shall continue to exist 
and to retain their powers and duties subject to the rulings and regulations 
of the county board of health, and may continue to appoint local health 
officers for such local health districts as provided by law. In county health 
districts when the county board of health shall have been appointed and 
organized and the county health commissioner shall have been appointed and 
has qualified, the local boards of health and health officers of all incorporated 
villages having a population of less than three thousand according to the 
latest federal census and of all consolidated health districts not containing 
a city or village having a population of three thousand or more according 
to the latest federal census and of all towns included in such district, shall 
thereupon cease to exist as such. 
The governing authorities of any city, or any village containing a popula- 
tion of three thousand or more according to the latest federal census, or any 
consolidated health district containing such a village may abolish such city, 
village or consolidated health district as a local health district, whereupon 
all the powers and duties o’f the local board of health of such local health 
district shall devolve upon the county health board and all the powers and 
duties of the local health officer of such local health district shall devolve 
upon the county health commissioner. A town board of any town, the local 
board of health of which has been abolished pursuant to the provisions of 
this section, when authorized by a proposition submitted and adopted in the 
manner provided by law, may employ a public health nurse or public health 
nurses, qualified as provided by regulation of the public health council, and 
make the necessary appropriation therefor. Such public health nurse, or 
nurses, shall work under the direction of the county health commissioner. 
The governing authorities of any city which has consented to be included 
in a county health district, may, at any time after three years shall have 
elapsed since such city has been included in a county health district, by 
resolution adopted by said authorities, provide for the withdrawal of such 
city from a county health district. Before such action is taken an oppor- 
tunity shall be given for a public hearing before such governing authorities. 
Public notice shall be given and the county health board shall be notified in 
writing, at least thirty days in advance, of the time and place of such hear- 
ing. Such action by the said governing authorities shall become effective at Local Boards of Health 
29 
a time to be stated in the resolution, which said time shall be not less than 
thirty days from the date of the adoption of said resolution. Upon the date 
when such resolution shall become effective, the local health district of such 
city shall be reinstated and it shall have all the powers of a local health 
district as though such city bad not been included in the county health 
district pursuant to the provisions of this act. 
9. The health officer of each city, village, and consolidated health district 
included as part of any county health district, shall transmit daily all 
original reports of communicable disease eases, and all registrar’s reports of 
deaths from communicable disease, to the county health commissioner. The 
county health commissioner shall transmit the original reports of com- 
municable disease cases, within twenty-four hours after he receives them, 
to the state health department. 
10. Annually the county board of health shall prepare an estimate of the 
necessary expenses of such county health district, for the ensuing fiscal year 
which shall be transmitted to the board of supervisors of the county within 
such period of time as shall enable the board of supervisors to inquire into 
the necessity for the items of such estimate. The board of supervisors shall 
levy a tax upon the taxable property within the county health district, suffi- 
cient to provide such sums as the board of supervisors may deem necessary 
to meet the expenses of such county health district. In preparing the items 
of any estimate of the expense of a county board of health, the board of 
supervisors may lawfully include therein and approve all items of expenses 
which may in any degree tend to promote the efficiency of the administration 
of the provisions of the public health law and other regulations adopted 
pursuant to the authority thereof. 
11. The board of supervisors of any county in which a county health dis- 
trict has been established, the boundaries of which are coterminous with the 
county, shall have power to abolish the board of managers of the county 
laboratory of such county, established and operated under the provisions of 
sections twenty-e to twenty-f, both inclusive, of the public health law, and to 
confer the powers and duties of such board of managers of such county 
laboratory upon the county board of health. The board of supervisors of 
any such county, with the approval of the state commissioner of health, may 
abolish the board of managers of the county tuberculosis hospital established 
and operated in such county under the provisions of sections forty-five to 
forty-nine-e, both inclusive, of the county law, and confer the powers and 
duties of such board of managers upon the county board of health. 
12. The board of supervisors of any county in which a county health dis- 
trict has been or may be established may abolish such district at any time 
after three years shall have elapsed following its establishment, provided, 
however, that before such action may be taken an opportunity shall be given 
for a public hearing. Public notice shall be given and the state commissioner 
of health shall be notified in writing, at least thirty days in advance, of the 
time and place of such hearing. Such action by the board of supervisors 
shall become effective thirty days after the adoption of the resolution to 
abolish such county health district, and at the end of such period the terms 
of office of the members of the county board of health and of the county health 
commissioner shall terminate. (Added by L. 1921, ch. 509; amended by L.’ 
1923, eh. 636, L. 1926, ch. 499, L. 1927, ch. 283, L. 1929, ch. 371, L. 1930, 
ch. 335, L. 1932, ch. 81, L. 1935, ch. 282, L. 1938, eh. 530, L. 1943, eh. 258, 
and L. 1943, ch. 710, effective April 2, 1945.) 
§ 20-c. Laboratories.* The board of supervisors of any county may establish 
therein a laboratory or laboratories which shall serve the whole or part 
of the county. In the resolution of the board of supervisors establishing such 
laboratory they shall define the area which it is intended to serve, which 
area from time to time may by resolution be altered. Provided, how- 
* See § 4-b and footnote and § 20-b, subd. 11. 30 
The Public Health Law 
ever, that in defining such area the territory included in a town shall not be 
divided and provided further, that no city or any part thereof shall be 
included in the area so defined, unless the mayor and the common council, or 
the officials exercising similar powers, shall have consented thereto. The 
services of such laboratories shall be rendered at a moderate charge or free. 
If, however, it is the intention of the board of supervisors to apply for 
state aid for such proposed laboratory, under the provisions of section 
twenty-h of this article, an application for such state aid for such proposed 
laboratory shall be transmitted by the board of supervisors to the state com- 
missioner of health. On or before January first of each year the state com- 
missioner of health shall file with the governor a statement of the aggregate 
amount of such applications for state aid for proposed new laboratories in 
addition to the aggregate amount of applications for state aid for labora- 
tories already established. 
Such sums, as revised in the discretion of the governor, shall be the esti- 
mate of state aid under this article to be used in the preparation of the 
executive budget. 
Subsequent to enactment of the appropriation by the legislature the state 
commissioner of health shall revise such applications for state aid as necessary 
to bring the aggregate of all applications within the total appropriations 
available. 
The board of supervisors may, in lieu of the establishment of a laboratory 
and with the approval of the state commissioner of health, provide for 
laboratory service by contracting with an established laboratory which is 
conveniently located and when such service shall have been provided, shall 
be entitled to such state aid as would be provided for under this act if the 
amount expended for service were expended for maintenance and operation 
of a laboratory established in accordance with the provisions of this act. 
Upon the petition signed by two hundred or more taxpayers of the county 
or district to be served by such a laboratory, the governing body of that 
bounty or district at the next date for filling an elective office shall hold a 
referendum upon the question of establishing a laboratory the construction 
of which is to be financed by taxes levied for the fiscal year in which the 
expenditures therefor are to be made. If a majority of the votes cast are in 
favor of establishing such a laboratory it shall be mandatory upon the gov- 
erning body of that county or district to take the steps necessary for the 
establishment and maintenance of such a laboratory as provided for by this 
act. Nothing contained in this section shall be construed to prevent the 
financing of any expenditure, in whole or in part, pursuant to the local 
finance law. (Added by L. 1923, ch. 638; amended by L. 1940, ch. 731, and 
L. 1943, ch. 710, effective April 2, 1945.) 
§ 20-d. Powers of boards of supervisors in relation to laboratories. The 
board of supervisors, when they shall have determined to establish such a 
laboratory shall have the following powers; 
1. To acquire by purchase, exchange or otherwise, necessary real prop- 
erty, building or rooms or to erect necessary buildings. 
2. To cause to be assessed, levied and collected in the same manner as other 
charges against the county, such sums of money as it shall deem necessary 
for laboratory purposes. Provided, however, that where a laboratory is 
intended to serve less than a whole county the expenditures made in con- 
nection therewith shall be assessed only against the area served by the 
laboratory, • 
3. To accept and hold in trust for the county any grant or devicef of land 
or any gift or bequest of money or other personal property or any donation 
to be applied, principal or income, or both, for the benefit of said laboratory. 
f So In original. [Word misspelled.] Local Boards op Health 
31 
4. To appoint a board of managers for the laboratory which shall consist 
gf at least five members, two of whom shall be physicians duly licensed to 
practice in the state of New York. The county medical society may present 
to the board of supervisors a list of physicians residing in the county from 
which the board may choose the medical members of the board of managers. 
The board of managers shall hold a meeting at least four times in each year, 
and at such other times as it may deem necessary and each member attend- 
ing meetings shall receive his actual and necessary expenses incident thereto, 
to be audited and paid in the same manner as other expenses of the labora- 
tory. In counties having a county board of health and a county health 
officer, the president of the county board of health and the county health 
officer shall be members of the board of managers ex-officio. The members 
of such board, with the exception of the members ex-officio, shall first be 
appointed so that the term of one member shall expire within one year 
from the first day of January of the year in which he shall have been 
appointed, the term of another member shall expire within two years of 
the first day of January of the year in which he shall have been appointed, 
the term of another member shall expire within three years of the first day 
of January of the year in which he shall have been appointed, the term 
of another member shall expire within four years of the first day of Janu- 
ary of the year in which he shall have been appointed, and the term of 
another member shall expire within five years of the first day of January 
of the year in which he shall have been appointed. Thereafter the terms 
of membership shall be made for five years from the first day of January 
of the year in which the appointment is made. Nothing in this act shall be 
construed to repeal or amend any provision of law not inconsistent here- 
with relating to laboratories in counties or to abrogate any powers of boards 
of supervisors relating thereto. (Added by L. 1923, ch. 638; amended by 
L. 1943, Ch. 710, effective April 2, 1945.) 
§ 20-e. Powers of boards of managers of laboratories. The board of man- 
agers of each laboratory shall have the following powers and duties: 
1. To elect a chairman, vice-chairman and a secretary. 
2. To appoint a director or a bacteriologist in charge of the laboratory. 
Any person appointed as such director shall comply with such qualifications 
as may be prescribed by the public health council. 
3. To fix the salaries of the director of the laboratory and all other 
employees within the limits of the appropriation made therefor by the board 
of supervisors. 
4. To exercise general management and control of said laboratory, of the 
grounds, buildings, rooms, employees and of all matters relating to the 
government, discipline, contracts and fiscal concerns thereof. 
5. To make such rules and regulations as may be necessary in relation to 
the administration of the laboratory and the fees to be charged for labora- 
tory service, not inconsistent with the provisions of this act. 
6. Notwithstanding any other general or special law, to erect all addi- 
tional buildings found necessary after the laboratory has been placed in 
operation and make all necessary improvements and repairs within the limits 
of the appropriations made therefor. 
7. To make to the board of supervisors annually at such time as said 
supervisors shall direct a detailed report of the operation of the laboratory 
during the calendar year, the number and kind of specimens examined and 
the results of such examinations, together with suitable recommendations 
and such other matters as may be required of them and full and detailed 
estimates of the appropriations required during the ensuing year for all 
purposes including maintenance, erection of buildings, repairs, renewals, exten- 
sions, improvements, betterments or other necessary purposes. 32 
The Public Health Law 
8. To establish branch laboratories if the area to be served by the labora- 
tory is so large, if its topography is such as to make access to the laboratory 
difficult, or for any other reason such action seems reasonable or desirable. 
(Added by L. 1923, ch. 638.) 
§ 20-f. Powers of the director of a laboratory. The director or the bacter- 
iologist in charge of such laboratory, subject to the board of managers, shall: 
1. Equip the laboratory with all necessary furniture, appliances, fixtures 
and other needed facilities for the conduct of laboratory work and purchase 
all necessary supplies within the appropriations made therefor. 
2. Have general supervision and control of the internal affairs and work 
of the laboratory. He may make and enforce such rules, regulations and 
orders as he may deem necessary, not inconsistent with law or with the 
rules and regulations of the board of managers. 
3. Appoint employees of the laboratory within the limits of his appro- 
priations, and remove them. 
4. Cause to be kept proper accounts and records of the business and opera- 
tion of the laboratory, including such records relating to specimens exam- 
ined and render such reports as may be required by law or by the regulations 
of the state commissioner of health; certify all bills and accounts including 
salaries and wages, and transmit them to the board of supervisors which 
shall provide for their payment in the same manner as other charges against 
the county. The board of supervisors of a county not having a purchasing 
agent may make an appropriation for the maintenance of such laboratory 
and direct the county treasurer to pay all bills, accounts, salaries and wages 
which are approved by the director of the laboratory within the amount of 
such appropriation, subject to such regulations as to the payment and audit 
thereof as the board of supervisors may deem proper. (Added by L. 1923, 
ch. 638.) 
§ 20-g. Laboratories in cities. Nothing contained in section twenty-e to 
twenty-f hereof inclusive, shall be construed to repeal or amend any pro- 
vision of law under which any health function or activity may be carried 
on in any city, or to transfer or affect any authority in relation to health 
activities now being exercised in any city by any public board or officers. 
Provided, however, that any public board or officers of a city now exercising 
health functions may, with the approval of the mayor, contract with the 
board of managers of any laboratory for the purpose of cooperation and to 
join and share facilities. If a city desires to avail itself of the state aid 
provided for in section twenty-h of this act, the common council or any 
body exercising similar powers in any city with the approval of the board 
of estimate, if such exists, shall have the power to establish a laboratory 
in such city. Upon the establishment of such laboratory by such city, all 
the powers and duties of the board of supervisors, in relation to laboratories 
hereinbefore provided for, shall devolve upon the common council or other 
body exercising similar powers, except that the mayor shall appoint the 
board of managers of such laboratory and that the salaries of the director 
and other employees of the laboratory, and contracts to be made for, by, or 
on behalf of the laboratory and appropriations for the acquisition of sites and 
buildings and for maintenance, shall all be under the control of the same 
officials as now have control of similar items and shall be governed by the 
same provisions of law. In cities when more than one laboratory is estab- 
lished, but one board of managers shall be appointed, which shall have juris- 
diction over all the laboratories established or operating under this act in 
said city. In cities of the second and third class the president of the local 
board of health, if such office exists, and the local commissioner of health 
or health officers shall be ex-officio members of the board of managers of the 
laboratory. (Added by L. 1923, ch. 638.) Local Boards of Health 
33 
§ 20-h. State aid.* Where a laboratory as hereinbefore provided for shall 
have been established, the state, through the legislature, shall provide the 
following aid; a grant of an amount not to exceed one-half of the actual 
cost of maintenance of the laboratory or laboratories not in excess of seven 
thousand five hundred dollars per annum for each laboratory and of twenty- 
five hundred dollars toward the initial installation and equipment of such 
laboratory. 
The salaries and traveling expenses of employees of the state department 
of health engaged in supervision or inspecting laboratories unless other- 
wise provided for and other expenses necessarily incurred by the state 
department of health in the execution and enforcement of this act shall be 
paid from the sum appropriated toward maintenance and operation of 
laboratories as hereinbefore specified. 
The board of supervisors of any county or the common council or other 
body exercising similar powers of any city which has heretofore estab- 
lished and is maintaining a laboratory or which is already providing labora- 
tory service by contract with another laboratory may apply for state aid 
in maintaining and operating such laboratory or in otherwise providing 
such laboratory service and upon complying with the provisions and require- 
ments of this act, shall be entitled to such state aid, provided however, 
that in the event that the total amount appropriated for state aid is not 
sufficient to pay in full the state aid and other expenses hereinbefore pro- 
vided for, counties or cities establishing laboratories or providing laboratory 
service under this act shall be given precedence and any balance remaining 
of moneys appropriated under this act, after the payment of full state aid 
to such counties or cities, shall be allotted to such counties or cities as have 
heretofore established and are now maintaining laboratories or are pro- 
viding laboratory service by contract and have applied for state aid. 
The work of all laboratories, except in the city of New York, established 
or receiving aid in accordance with the provisions of this act shall be 
inspected and standardized by the state department of health, and no state 
aid shall be given to any laboratory under the provisions unless the area of 
the district, site, design and construction of the buildings, equipment, work 
and conduct of such laboratory shall be first approved in writing, after 
inspection, by the state commissioner of health or his representative, the 
director of the division of laboratories and research. 
The comptroller after receiving the written approval of the state com- 
missioner of health, hereinbefore provided for, shall determine the amount 
due in any one year to the various laboratories in the state under this act, 
and shall draw his warrant upon the state treasury in favor of the county 
treasurer of each county or the city treasurer of each city for the total 
amount to be paid to each laboratory in such county or city or in considera- 
tion of laboratory service contracted for in such county or city as shall be 
determined by him and shall indicate the amount to be paid to each labora- 
tory or to each county or city in consideration of laboratory service con- 
tracted for. The county or city treasurer shall pay out such amount in the 
same manner and upon the same vouchers and proof as all other moneys 
devoted to such laboratory. 
The board of managers of a laboratory may appeal from any decision of 
the comptroller or of the state commissioner of health or any refusal to 
furnish the written approval herein provided for to the governor, and the 
action of the governor shall be final and conclusive and his approval, if 
granted, shall be accepted by the comptroller in lieu of the certificate of 
the commissioner of health herein provided for. 
Laboratories established or receiving aid under this act, except in the 
city of New York, shall be under the supervision of the commissioner. 
(Amended by L. 1941, ch. 634, and L. 1944, ch. 298.) 
•See H 19, 19-b. 34 
The Public Health Law 
§ 21. General powers and duties of local boards of health. Every such local 
board of health shall meet at stated intervals to be fixed by it, in the 
municipality. The presiding officer of every such board may call special 
meetings thereof when in his judgment the protection of the public health 
of the municipality requires it, and he shall call such meeting upon the 
petition of at least twenty-five residents thereof, of full age, setting forth 
the necessity of such meeting. Every such local board, subject to the pro- 
visions of the public health law and of the sanitary code, shall prescribe 
the duties and powers of the local health officer, who shall be its chief 
executive officer, and direct him in the performance of his duties, and fix 
his compensation, which in case of health officers of cities, towns, villages 
and consolidated health districts, having a population of eight thousand or 
less, shall not be less than the equivalent of fifteen cents per annum per 
inhabitant of the city, town or village according to the latest federal or 
state enumeration; and in cities, towns, villages and consolidated health 
districts having a population of more than eight thousand, shall not be 
less than twelve hundred dollars per annum. In addition to his compensation 
so fixed, the board of health must allow the actual and reasonable expenses 
of said health officer in the performance of his official duties and in going 
to, attending and returning from the annual sanitary conference of health 
officers, or equivalent meeting, held yearly within the state, and conferences 
called by the district state health officer of the district, and whenever the 
services rendered by its health officer shall include the care of smallpox, 
or a venereal disease, the board of health shall allow, or whenever such 
services are extraordinary, by reason of infectious diseases, or otherwise, or 
include the taking of cultures for release from isolation in cases of diphtheria, 
they may in their discretion, allow to him such further sum in addition to 
said fixed compensation as shall be equal to the charges for similar public 
medical services commonly received by practicing physicians in the locality, 
audited by the town board of a town, by the board of trustees of a village 
or by the proper auditing board of a city, which said expenses and said 
additional compensation shall be a charge upon and paid by the municipality 
as provided in section thirty-five of this chapter. The regular compensation 
of a health officer appointed jointly by two or more local boards of health 
for two or more towns or villages shall be fixed jointly by such boards in 
such sum as they shall determine in accordance with the provisions of this 
section, and such compensation, together with the expenses of the health 
officer in the performance of his duties and in attending the annual sanitary 
conference or equivalent meeting and conferences called by the district state 
health officer, shall be allowed by the local boards and paid by the munici- 
palities in the proportions to each as shall have been determined in the 
resolutions or ordinances authorizing the joint appointment of the health 
officer; provided, however, that claims for service and expenses in the 
suppression of rabies and for services in the care of smallpox or venereal 
disease or when the services are otherwise extraordinary shall be allowed by 
the particular local board and paid by the particular municipality in or for 
which the services were rendered and the expenses incurred in the same 
manner and to the same extent as though the appointment of the health 
officer were made separately, rather than jointly, by the board of health of 
such municipality. Every such local board shall make and publish from 
time to time all such orders and regulations, not inconsistent with the pro- 
visions of the sanitary code, as it may deem necessary and proper for the 
preservation of life and health and the execution and enforcement of this 
chapter in the municipality. It shall make without publication thereof, such 
orders and regulations for the suppression of nuisances and concerning all 
other matters of its judgment detrimental to the public health in special or 
individual cases, not of general application, and serve copies thereof upon Local Boards of Health 
35 
the owner or occupant of any premises whereon such nuisances or other 
matters may exist, or upon which may exist the cause of other nuisances 
to other premises, or cause the same to be conspicuously posted thereon. The 
health officer may employ such persons as shall be necessary to enable him 
to carry into effect the orders and regulations of the board of health and 
the provisions of the public health law and of the sanitary code, and fix 
their compensation within the limits of the appropriation therefor. Upon 
certification of the existence of the disease known as rabies, as provided in 
section twenty-five-a of this chapter, the health officer is authorized to 
incur the service and expenses necessary in the suppression of such rabies. 
The claim for such service and expenses, approved by such health officer, 
shall be paid by the fiscal officer of the health district from funds in his 
custody on presentation without further or other audit or may be paid 
pursuant to the local finance law. Notwithstanding the foregoing provision 
of this section, claims for service and expenses incurred by the health 
officer for the suppression of the disease known as rabies in any health dis- 
trict in Westchester county, shall be paid from moneys appropriated in the 
same manner as other claims against the district are audited and paid. The 
health officer, with the consent of the board of health in a town or village 
and with the consent of the board or official having power to appoint a 
health officer in a city may appoint a competent physician to act as health 
officer during his temporary absence or incapacity on account of illness or 
other cause for a period not exceeding three months. The health officer shall 
report immediately to the state department of health the name and address 
of the physician so appointed. Such acting health officer, during the period 
for which he is appointed, shall have all of the rights, powers and duties 
imposed upon the health officer by the public health law and the sanitary 
code. The board of health in a town or village and the body having authority 
to fix the salary of a health officer in a city may allow such compensation 
as it deems reasonable covering such temporary service. The appointment 
of an acting health officer in a case where the regular health officer shall have 
been appointed jointly by two or more local boards of health for two or 
more towns or villages shall be with the consent of the appointing local 
boards, and the compensation of such acting health officer shall be allowed 
and paid in the same manner as the fixed compensation of the regular 
health officer. The board of health may issue subpoenas, compel the attend- 
ance of witnesses, administer oaths to witnesses and compel them to testify, 
and for such purposes it shall have the same powers as a justice of the 
peace of the state in a civil action of which he has jurisdiction. It may 
designate by resolution one of its members to sign and issue such subpoenas. 
No subpoena shall be served outside the jurisdiction of the board issuing it, 
and no witness shall be interrogated or compelled to testify upon matters 
not related to the public health. It may issue warrants to any constable or 
policeman of the municipality to apprehend and remove such persons as 
cannot otherwise be subjected to its orders or regulations, and a warrant to 
the sheriff of the county to bring to its aid the power of the county whenever 
it shall be necessary to do so. Every warrant shall be forthwith executed by 
the officer to whom directed, who shall have the same powers and be subject 
to the same duties in the execution thereof, as if it had been duly issued 
out of a court of record of the state. Every such local board may prescribe 
and impose penalties for the violation of or failure to comply with any 
of its orders or regulations, or any of the regulations of the state sanitary 
code, not exceeding one hundred dollars for a single violation or failure, 
to be sued for and recovered by it in the name and for the benefit of the 
municipality; and may maintain actions in any court of competent juris- 
diction to restrain by injunction such violations, or otherwise to enforce such 
orders and regulations. Nothing in this section contained shall be construed 36 
The Public Health Law 
to alter or repeal any existing provision of law declaring such violations 
or any of them misdemeanors or felonies or prescribing a penalty therefor. 
The provisions of this section relating to the care of venereal disease shall 
not apply to municipalities where a satisfactory clinic is reasonably avail- 
able. (Amended by L. 1909, ch. 480, L. 1913, eh. 559, L. 1926, eh. 308, 
L. 1929, ch. 375, L. 1930, ch. 696, L. 1935, ch. 587, L. 1937, eh. 649, L, 1938, 
ch. 660, and L. 1943, ch. 710, effective April 2, 1945.) 
§ 21-a. Powers and duties as to sewers.* Whenever such local board of 
health in any incorporated village shall deem the sewers of such village 
insufficient to properly and safely sewer such village, and protect the public 
health, it shall certify such fact in writing, stating and recommending what 
additions or alterations should in the judgment of such board of health be 
made, with its reasons therefor, to the state commissioner of health for his 
approval, and if such recommendations shall be approved by the state com- 
missioner of health, and the plans therefor be approved by the state depart- 
ment of health, it shall be the duty of the board of trustees or other board of 
such village having jurisdiction of the construction of sewers therein, if there 
be such a board, whether sufficient funds shall be on hand for such purpose 
or not, to forthwith make such additions to or alterations in the sewers of 
such village and execute such recommendations, and the expenses thereof 
shall be paid for wholly by said village in the same manner as other village 
expenses are paid or by an assessment of the whole amount against the prop- 
erty benefited, or partly by the village and partly by an assessment against 
the property benefited, as the board of trustees of such village shall by resolu- 
tion determine. If the board of trustees shall determine that such expenses 
shall be paid partly by the village and partly by an assessment against the 
property benefited, as authorized by this section, it shall in the resolution 
making such determination fix the proportion of such expense to be borne by 
each, and the proportion thereof to be raised by an assessment against the 
property benefited shall be assessed and collected in the manner provided by 
the village law for the assessment and collection of sewer assessments. Said 
village is hereby authorized to raise such sum as may be necessary for the 
payment of the expenses incurred, which are a village charge, if any, as 
herein provided, in addition to the amount such village is now authorized 
to raise by law for corporation purposes, and such board shall have the 
right to acquire such lands, right of way, or other easements, by gift, or 
purchase, or in case the same cannot be acquired by purchase may acquire 
the same by condemnation in the manner provided by law. (Added by L. 
1913, ch. 559; amended by L. 1921, ch. 510, and L. 1928, ch. 395.) 
§ 21-b. General powers and duties of health officers. Health officers, in addi- 
tion to such other duties as may be lawfully imposed upon them and subject 
to the provisions of the public health law and the sanitary code, shall 
perform the following duties: 
1. Make an annual sanitary survey and maintain sanitary supervision over 
the territory within their jurisdiction. 
2. Make a sanitary inspection periodically of all places of public assem- 
blage, and report thereon to those responsible for the maintenance of such 
places of public assemblage. 
3. Promote the spread of information as to the causes, nature and preven- 
tion of prevalent diseases, and the preservation and improvement of health. 
4. Take such steps as may be necessary to secure prompt and full reports 
by physicians of communicable diseases, and prompt and full registration 
of births and deaths. 
5. Enforce within their jurisdiction the provisions of the public health 
law and the sanitary code. 
• See Art. V. Local Boards of Health 
37 
6. Attend the annual conferences of sanitary officers called by the state 
department of health, and local conferences within his sanitary district, to 
which he may be summoned by the district state health officer thereof.* 
The written reports of public health officers, inspectors, nurses and other 
representatives of public health officers on questions of fact under the public 
health law or under the sanitary code or any local health regulation shall be 
presumptive evidence of the facts so stated, and shall be received as such in all 
courts and places. The persons making such reports shall be exempt from 
personal liability for the statements therein made, if they have acted in good faith. 
No health officer, inspector, public health nurse, or other representative of 
a public health officer, and no person or persons other than the city, village 
or town by which such health officer or representative thereof is employed 
shall be sued or held to liability for any act done or omitted by any such 
health officer or representative of a health officer in good faith and with 
ordinary discretion on behalf or under the direction of such city, village or 
town pursuant to its regulations or ordinances, or the sanitary code, or the 
public health law. Any person whose property may have been unjustly 
or illegally destroyed or injured pursuant to any order, regulation or 
ordinance, or action of any board of health or health officer, or representative 
of a health officer, for which no personal liability may exist as aforesaid, may 
maintain a proper action against the city, village or town for the recovery 
of proper compensation or damages. Every such suit must be brought within 
six months after the cause of action arose and the recovery shall be limited 
to the damages suffered. (Added by L. 1913, ch. 559; amended by L. 1929, 
ch. 372.) 
§ 21-c. Public health nurses.* Each health officer or other official exercising 
similar duties, by whatever official designation he may be known, shall, with 
the approval and consent of the board of health of his district, have power 
to employ such number of public health nurses, qualified as provided by regu- 
lation of the public health council, as in his judgment may be necessary 
within the limits of the appropriation made therefor by the city, town or 
village. They shall work under the direction of the health officer and may be 
assigned by him to the reduction of infant mortality, the examination or 
visitation of school children or children excluded from school, the discovery 
or visitation of eases of tuberculosis, the visitation of the sick who may be 
unable otherwise to secure adequate care, the instruction of members of 
households in which there is a sick person, or to such other duties as may 
seem to him and to the board of health appropriate. (Added by L. 1913, 
eh. 559; amended by L. 1931, ch. 416, and L. 1935, ch. 282.) 
§ 22. City health officers. In cities of more than fifty thousand population 
according to the latest federal census the local health officer hereafter 
appointed shall devote his entire time to duties of his office and shall not 
engage in the practice of medicine. (Added by L. 1931, eh. 473. Formerly 
section 20-c; renumbered by L. 1941, eh. 42.) 
§ 23. Burial and burial permits. (Repealed by L. 1913, ch. 619. See Vital 
Statistics Law, article XX herein.) 
§ 24. Regulating interments in cemeteries. Whenever the common council 
of any city of the third class shall deem that further interments in any ceme- 
tery in such city would be detrimental to the public health, it may by 
resolution direct its clerk to cause a notice to be served upon the person or 
corporation owning or controlling such cemetery and published once in a 
* See § 4-a, subd. 4 ; and § 21. 
♦ See §§ 4-a and 21-b; County Law. § 12, subd. 44-a, § 45, subd. 6, § 47, subd. 9; 
General Municipal Law. § 77-b; Education Law, § 571; and General Business Law, 
§ 170. 38 
The Public Health Law 
week for three successive weeks in two papers published in such city, stating 
a time and place not less than thirty days after service and first publication 
of such notice, at which any person interested may show cause to the common 
council why further interments in such cemetery should not be prohibited. 
At the time and place specified in such notice the common council shall hear 
all persons desiring to be heard, and if upon such hearing it appears that 
further interments in such cemetery will be detrimental to public health, the 
common council may by resolution prohibit further interments therein. If 
such resolution is adopted a certified copy thereof shall be filed by the clerk 
of the common council with the board of health of such city, and thereafter 
such board shall not issue any permits for interments in such cemetery. The 
action of the common council in passing such resolution may be reviewed 
within thirty days thereafter by writ of certiorari as provided by the code 
of civil procedure. 
§ 24-a. Persons, firms, and corporations procuring blood donors to be 
licensed. No person, firm or corporation shall engage in the business of pro- 
curing persons to donate human blood for the purpose of transfusion into 
another human being unless a license first be obtained from the local health 
officer. The state commissioner of health shall prescribe such form of license 
for the registration of applicants for license. Upon receipt of an application 
for a license, accompanied by a fee of five dollars, the local health officer 
shall conduct an investigation into the character of the person, firm or 
corporation applying for a license and if satisfied that the interest of public 
health will be promoted, he shall issue a license to such person, firm or 
corporation to conduct such business for one year from the date of such 
license. Such license may be renewed on expiration thereof on payment 
of a like fee for a period of one year. It shall be unlawful for any person 
engaged in the business of donating human blood to donate such human blood 
for transfusion unless the donor thereof present a certificate from a physician 
registered under the laws of this state showing a satisfactory physical 
examination to have been made within thirty days immediately preceding the 
offering of such blood donation and that such donor was free from com- 
municable disease. Violation of this section shall constitute a misdemeanor, 
punishable on conviction by a fine of not exceeding fifty dollars or by 
imprisonment for not exceeding six months, or both such fine and imprison- 
ment. (Added by L. 1930, ch. 326; amended by L. 1941, ch. 415.) 
§ 25. Infectious and contagious or communicable diseases. Every local 
board of health and every health officer shall guard against the introduction 
of such infectious and contagious or communicable diseases as are designated 
in the sanitary code, by the exercise of proper and vigilant medical inspec- 
tion and control of all persons and things infected with or exposed to such 
diseases and may provide for care and isolation of cases of communicable 
disease in a hospital or elsewhere when necessary for protection of the public 
health. They may, subject to the provisions of the sanitary code, prohibit 
and prevent all intercourse and communication with or use of infected 
premises, places and things, and require, and if necessary, provide the means 
for the thorough purification and cleansing of the same before general 
intercourse with the same or use thereof shall be allowed. Every physician 
shall immediately give notice of every case of infectious and contagious or 
communicable disease required by the state department of health to be 
reported to it, to the health officer of the county, city, town or village where 
such disease occurs, and no physician being in attendance on such case, it 
shall be the duty of the superintendent or other officer of an institution, 
householder, hotel or lodging housekeeper, or other person where such case 
occurs, to give such notice, provided that the public health council may 
require that when cases of certain communicable diseases occur (a) in dis- Local Boards of Health 
39 
tricts of less than fifty thousand population not having a whole-time health 
officer, or (b) in state institutions or (c) in tuberculosis hospitals or sanitoria, 
such cases shall be reported directly to the state department of health or 
its district state health officer. Such notice shall contain such information 
concerning the case as shall be required by the sanitary code. Except when 
reported from a state institution or tuberculosis hospital, sanitorium, clinic 
or dispensary the physician or other person giving such notice shall be entitled 
to the sum of twTenty-five cents therefor, which shall be a charge upon and 
paid by the municipality where such case occurs. Whenever an examination 
for diagnosis by a laboratory or by any person other than the physician in 
charge of the person from whom the specimen is taken, of any specimen, 
discloses the existence of a case of communicable disease, or the results 
obtained in the examination of a specimen are needed for purposes of 
release from quarantine or observation, the person in charge of such labora- 
tory or the person making such examination shall immediately report the 
same, together with all the facts in connection therewith, to the local or 
state health official to whom the attending physician is required to report 
such ease. The person in charge of such laboratory or the person making 
such examination shall keep for a period of time to be specified by the state 
commissioner of health a record of all the facts in connection with such 
examination, including the identity of the person from whom the specimen 
is taken and the name of the physician, if any, sending such specimen. 
Every local health officer shall report to the state department of health, 
promptly, all cases of such infectious and contagious or communicable dis- 
eases, as may be required by the state department of health, and for swoh 
reporting of diseases required to be reported to him the health officer of 
a village or town shall be paid by the municipality employing him, upon 
the certification of the state department of health, a sum not to exceed 
twenty cents for each case so reported. Reports of cases of tuberculosis, 
syphilis, chancroid and gonorrhea including laboratory reports, shall not be 
divulged or made public so as to disclose the identity of the persons to 
whom they relate, by any person; except insofar as may be authoi’ized by 
the public health council. The board of health shall provide at stated 
intervals, a suitable supply of vaccine virus, of a quality and from a source 
approved by the state department of health, and during an actual epidemic 
of small pox obtain fresh supplies of such virus at intervals not exceeding 
one week, and at all times provide thorough and safe vaccination for all 
persons in need of the same. If a pestilential, infectious or contagious disease 
exists in any county almshouse or its vicinity, and the physician thereof shall 
certify that such disease is likely to endanger the health of its inmaUa, 
the county superintendent of the poor may cause such inmates or any of 
them to be removed to such other suitable place in the county as the local 
board of health of the municipality where the almshouse is situated may 
designate, there to be maintained and provided for at t’ue expense of the 
county, with all necessary medical care and attendance until they shall 
be safely returned to such almshouse or otherwise discharged. The health 
officer, commissioner of health, or boards of health of the cities of the first 
class shall report promptly to the state department of health all cases of 
smallpox, typhus and yellow fever and cholera and the facts relating thereto. 
(Amended by L. 1913, ch. 559, L. 1918, ch. 177, L. 1935, ch. 149, L. 1936, 
ch. 237, L. 1937, ch. 414, L. 1939, ch. 159, L. 1942, ch. 95, and L. 1944, ch. 229.) 
§ 25-a. Prevention of the spread of rabies.* Whenever the disease known as 
rabies shall exist among dogs in any general health district, consolidated 
health district, city, village or town, or in the vicinity thereof, and the state 
commissioner of health shall so certify to the health officer of such district 
or municipality, it shall be the duty of such health officer immediately to 
• See Agriculture and Markets Law, Art. 7 ; and Sanitary Code. 40 
The Public Health Law 
publish a notice of the existence of such disease, together with a copy of 
this section by publication in a newspaper generally circulated within such 
general health district, consolidated health district, city, village or town 
or by posting in several conspicuous places, or by both such publication and 
posting. Thereafter, until the state commissioner of health shall have certified 
that rabies no longer exists in such general health district, consolidated 
health district, city, village or town and due notice shall have been given, 
it shall be unlawful for any person owning, boarding or otherwise keeping 
or having in his custody a dog within such general health district, consoli- 
dated health district, city, village or town to permit such dog to be at 
large elsewhere than on the premises of the owner, except it be on the 
premises of another person with the knowledge and assent of such other person, 
unless muzzled with a properly fitting muzzle of a type which will not 
permit such dog to bite any person or other animal. Any person owning 
or harboring a dog and who shall permit such dog to be at large in violation 
of the provisions of this section is guilty of a misdemeanor and shall be 
subject to a fine of not to exceed twenty-five dollars for the first offense and 
for each subsequent offense to a fine of not less than twenty-five nor more 
than fifty dollars or by imprisonment in the county jail for not to exceed 
twenty-five days or by both said fine and imprisonment. During such period 
any duly appointed dog warden or any peace officer shall and any other 
person may seize and confine or kill any dog found unmuzzled in violation of 
this section. The person confining or killing a dog under the provisions 
of this section shall immediately report in writing the facts relating thereto 
to the local health officer. Such person shall not be held liable for damages 
for killing a dog found in violation of this section, provided that the facts 
relating thereto have been reported to the health officer as herein required. 
The local health officer shall forward such report or a copy thereof to the 
state department of health. Any peace officer and any duly appointed dog 
warden, except when such peace officer or dog warden receives a salary in 
lieu of other compensation, shall be entitled to a fee of four dollars for 
each dog seized and confined and for each dog killed in the enforcement 
of the provisions of this section. The expenses incurred in carrying out the 
provisions of this section shall be paid from moneys raised or to be raised 
for the suppression of rabies, as provided in section twenty-one of this 
chapter. (Added by L. 1926, eh. 185; amended by L. 1929, ch. 375, L. 1935, 
ch. 343, and L. 1936, eh. 262.) 
§ 25-b. Reporting of cancer and other malignant tumors. Every physician 
shall immediately give notice to the health officer of the county, city, town 
or village where such person resides, of every ease of cancer or other malig- 
nant tumor under his care, provided that when such eases occur (a) in 
districts of less than fifty thousand population not having a whole-time 
health officer, or (b) in state institutions, such eases shall be reported directly 
to the state department of health or its district health officer. Such notice 
shall contain such information concerning the case as shall be required by 
the state commissioner of health. Whenever an examination of a tissue 
specimen in a laboratory discloses the existence of cancer or other malignant 
tumor, the person in charge of such laboratory or the person making such 
examination shall immediately report the same together with all the facts 
in connection therewith to the local or state health official to whom the 
attending physician is required to report such ease. Like notice shall be 
given by the person in charge of any hospital, dispensary, asylum or other 
similar public or private institution of every case of cancer or malignant 
tumor coming under its care. In the case of patients treated in hospitals 
or institutions a single report shall be regarded as adequate provided it 
contains the name of the attending physician, the information required by 
the report heretofore specified essential data from the hospital records and Local Boards op Health 
41 
the pathological diagnosis if made at that institution. The reports of eases 
made pursuant to the provisions of this section shall not be divulged or 
made public so as to disclose the identity of any person to whom they relate, 
by any person, except in so far as may be authorized by the public health 
council. Nothing in this section, however, shall be construed to compel any 
individual to submit to medical or health department supervision or inspec- 
tion. (Added by L. 1939, ch. 954; amended by L. 1940, ch. 145.) 
§ 26. Nuisances.* Every such board shall receive and examine into all com- 
plaints made by any inhabitant eoncerning nuisances, or causes of danger or 
injury to life and health within the municipality, and may enter upon or 
within any place or premises where nuisances or conditions dangerous to 
life and health or which are the cause of nuisances existing elsewhere are 
known or believed to exist, and by its members or other persons designated 
for that purpose, inspect and examine the same. The owners, agents and 
occupants of any such premises shall permit such sanitary examinations to 
be made, and the board shall furnish such owners, agents and occupants 
with a written statement of the results and conclusions of any such examina- 
tion. Every such local board shall order the suppression and removal of all 
nuisances and conditions detrimental to life and health found to exist within 
the municipality. Whenever the state department of health shall by notice 
to the presiding officer of any local board of health, direct him to convene 
such local board to take certain definite proceedings eoncerning which the 
state department of health shall be satisfied that the action recommended 
by them is necessary for the public good, and is within the jurisdiction of 
such board of health, such presiding officer shall convene such local board, 
which shall take the action directed. 
A county health commissioner shall have equal authority with such board 
to investigate and abate public nuisances which may effectf health. (Amended 
by L. 1931, ch. 288.) 
8 27. Owner to bear all or part of expense of removal of waters wherein 
mosquito larvae breed.t Whenever the local board of health of a municipality 
shall determine that any accumulation of water wherein mosquito larvae 
breed, constitutes a nuisance or a danger or injury to life or health, the 
owner or owners of the premises on which the breeding place is located 
shall bear the expense of its suppression or removal, or so much thereof 
as the local board may have determined to be equitable as hereinafter pro- 
vided, and for the amount thereof an action may be maintained in the 
name of the municipality and the same shall become a first lien on the 
premises as provided by sections thirty-one and thirty-two of this article. 
(Amended by L. 1913, ch. 559.) 
§ 28. Assessing cost on property benefited. If such local board shall deter- 
mine, in its discretion, that, owing to the natural conditions which are 
favorable to the breeding of mosquitoes and owing to the benefits to be 
secured to the public by the suppression of such conditions, some part or 
all of the expense of suppressing or removing a breeding place for mos- 
quitoes should, in equity, be borne by the owners of the property which will 
be benefited by such suppression or removal, the local board shall make 
application as hereinafter provided, for the appointment of three com- 
missioners, and the county court of the county in which are situated the 
premises whereon the breeding place is located, or, in case such premises 
are situated in more than one county, the supreme court, shall thereupon 
appoint three persons as commissioners to proceed with the work necessary 
* See § 6 ; and § 1530, Penal Law.) 
t So in original. [Word misspelled.] 
% See county mosquito extermination commission. Public Health Law, Art. XXI; Con- 
servation, Town, and County Laws regarding Drainage; and § 20-b. 42 
The Public Health Law 
for the suppression or removal of such breeding place, and to apportion, 
assess and collect the cost thereof, as so determined from the owners of 
such property benefited. Such appointment, apportionment, assessment and 
collection shall be made in the manner provided for the appointment of 
commissioners to suppress and remove any such breeding place by draining 
the premises on which such breeding place is located by means of ditches 
and channels constructed over lands belonging to others and the owners of 
the premises to be drained and to apportion, assess and collect the cost 
thereof from the owners of the property benefited thereby. In any case 
where, under the provisions of this article commissioners are to determine 
what property is benefited and to what extent said property is benefited 
by the suppression or removal of any such breeding place, such commis- 
sioners shall not be restricted in their determination to property immediately 
adjoining the premises whereon such breeding place is located; and, in 
apportioning the benefit to any property, such commissioners may consider any 
circumstances by reason whereof any property will be benefited by the suppres- 
sion and removal of such breeding place. 
§ 29. Municipality may bear part of expense. If such local board shall have 
determined that, owing to the natural conditions which are favorable to the 
breeding of mosquitoes and owing to the benefit to be secured to the public 
by the suppression of such conditions, a part of the expense of such sup- 
pression or removal shall be borne by the owner of such premises and a 
part thereof by the municipality wherein the premises are situated, such 
owner or occupant may proceed to suppress or remove such breeding place 
and shall be reimbursed by the municipality for such proportion of the 
reasonable expense of such suppression or removal as the local board shall 
have determined should be borne by the municipality. For the purpose 
of ascertaining the actual cost of such suppression or removal, the local 
board or its duly authorized agents may at all times have access to the 
premises whereon the work is being carried on; and the owner of the 
premises shall furnish to such local board such information as such local 
board may deem necessary or desirable for the purpose of ascertaining 
such actual cost. If in any such case the owner of the premises shall not, 
within a reasonable time, proceed to suppress or remove such breeding place, 
the local board may proceed to suppress and remove the same, and for such 
proportion of the expense of such suppression and removal as the local board 
shall have determined to be equitable, an action may be maintained against 
such owner, and the same shall become a first lien upon the premises as 
above provided. 
§ 30. Assessing expense upon property benefited. If such local board shall 
deem it necessary, in order to suppress or remove any such breeding place, 
that any swamp, bog, meadow or other low or wet lands within the munici- 
pality over which said board has jurisdiction, shall be drained and that it 
is necessary, in order thereto, that a ditch or ditches or other channel for 
the free passage of water should be opened through lands belonging to a 
person or persons other than the owners of said swamp, bog, meadow or 
other low or wet lands, or that any other act or thing be done upon or 
over land belonging to others than the owners of the lands whereon such 
breeding place shall be located, such board shall make application for the 
appointment of three commissioners to construct and complete such channels 
and ditches for the free passage of water, or to do such other act or thing 
as such local board shall have determined to be necessary upon such lands 
in order to suppress or remove such breeding place, and to apportion, assess 
and collect the amount of the cost thereof from the owners of the lands 
which will be benefited by the suppression and removal of such breeding 
place. Such commissioners shall be appointed, and shall proceed, when Local Boards of Health 
43 
appointed, to construct and complete such channel and ditches, or do such 
other act or thing as may be necessary, and to apportion, assess and collect 
the cost of the same from the owners of the lands benefited by such sup- 
pression or removal, in the manner provided for the appointment of com- 
missioners tor the drainage of any swamp, bog, meadow or other low or wet 
land and the apportionment, assessment and collection of the cost of such 
drainage, by the drainage law, and this article shall be construed with the 
provisions of such drainage law. In case of conflict the provisions of this 
article shall be substituted for the provisions of such drainage law, but 
such parts of the provisions of the drainage law as are not necessarily 
superseded shall apply. 
§ 31. Removal of nuisances.* If the owner or occupant of any premises 
whereon any nuisance or condition deemed to be detrimental to the public 
health exists or the cause of the existence elsewhere, fails to comply with 
any order or regulation of any such local board for the suppression and 
removal of any such nuisance or other matter, in the judgment of the board 
detrimental to the public health, made, served or posted as required in this 
article, such board or their servants or employees may enter upon the 
premises to which such order or regulation relates, and suppress or remove 
such nuisance or other matter. The expense of such suppression or removal 
shall be paid by the owner or occupant of such premises, or by the person 
who caused or maintained such nuisance or other matters, and the board 
may maintain an action in the name of the municipality to recover such 
expense, and the same when recovered shall be paid to the treasurer of the 
municipality, or if it has no treasurer to its chief fiscal officer, to be held 
and used as the funds of the municipality. Whenever the suppression or 
removal of such nuisance or conditions detrimental to health demand the 
immediate expenditure of money, every such local board of health shall be 
authorized to use for such purpose any money in the hands of the board, or 
may call on the city council for such money. All such moneys so expended 
shall be immediately repaid to the fund or source whence they were received 
on the recovery of the same by action or otherwise from the persons respon- 
sible for the expenses of suppression or removal. (Amended by L. 1913, ch. 
559, and L. 1943, ch. 710, effective April 2, 1945.) 
§ 32. Expenses of abatement of nuisances a lien upon the premises. If exe- 
cution upon a judgment for the recovery of the expense of the suppression 
or removal of a nuisance or other matter, pursuant to an order or regulation 
of any such local board, is returned wholly or in part unsatisfied, such 
judgment, if docketed in the place and manner required by law to make 
a judgment of a court of record a lien upon real property, shall be a first 
lien upon such premises, having preference over all other liens and incum- 
brances whatever. The board may cause such premises to be sold for ■* 
term of time for the payment and satisfaction of such lien and the expenses 
of the sale. Notice of such sale shall be published for twelve weeks suc- 
cessively, at least once in each week, in a newspaper of the city, village or 
town, or if no newspaper is published therein, in the newspaper published 
nearest to such premises. If the owner or occupant of the premises, or his 
agent, is known, a copy of such notice shall be served upon him, either 
personally, at least fourteen days previous to the sale, or by mail at least 
twenty-eight days prior thereto. The premises shall be sold to the person 
offering to take them for the shortest time, paying the amount unpaid on 
such judgment and interest and the expenses of such notice and sale. A 
certificate of the sale, signed and acknowledged by the president and secre- 
tary of the board, shall be made and delivered to the purchaser, and may 
be recorded as a conveyance of real property, and the purchaser shall 
• See § 6 and footnote. 44 
The Public Health Law 
thereupon be entitled to the immediate possession of such premises, and, if 
occupied, may maintain an action or proceeding to recover the possession 
thereof against the occupant, as against a tenant of real property holding 
over after the expiration of his term; and the cost of any such action or 
proceeding, if not paid by the occupant, shall also be a lien upon such 
premises, having the same preference as the lien of such judgment, and the 
right of the purchaser to such premises shall be extended for a longer term, 
which shall bear the same proportion to the original term as the amount of 
such costs bears to the amount paid by the purchaser on such sale. The 
term of the purchaser at any such sale shall commence when he shall have 
acquired possession of the premises sold. At any time within six months 
after recording such certificate, the owner of the premises or any lessee, 
mortgagee or incumbrancer, thereof, or of any part of the same, may redeem 
the premises or any such part from such sale by paying to the purchaser the 
amount paid by him on the sale, and all cost and expenses incurred by him 
in any action or proceeding to recover possession with interest at the rate 
of ten per centum per annum thereon. If redemption is made by the owner, 
the right of the purchaser shall be extinguished; if by a lessee, the amount 
paid shall be applied as a payment upon any rent due or which may accrue 
upon his lease; if by a mortgagee or an incumbrancer, the amount paid shall 
be added to his mortgage, incumbrance or other lien, or if he have more than 
one to the oldest, and shall thereafter be a part of such mortgage, lien or 
incumbrance and enforceable as such. 
§ 33. Manufacturers in tenement houses and dwellings. (Repealed bv L. 
1938, eh. 409.) 
§ 34. Jurisdiction of town boards. A town board of health shall not have 
jurisdiction over any city or incorporated village or part of such city or 
village in such town.* (Amended by L. 1913, ch. 559.) 
§ 35. Expenses, how paid.j All expenses incurred by any local board of 
health in the performance of the duties imposed upon it or its members by 
law shall be a charge upon the municipality, and shall be audited, levied, 
collected and paid in the same manner as the other charges of, or upon, the 
municipality are audited, levied, collected and paid. The taxable property 
of any incorporated village shall not be subject to taxation for maintaining 
any town board of health, or for any expenditure authorized by the town 
board, but the costs and expenditures of the town board shall be assessed 
and collected exclusively on the property of the town outside of any such 
village. (Amended by L. 1913, ch. 559.) 
§ 36. Relief of indigent Indians in case of epidemic.§ Whenever an epi- 
demic of a contagious or infectious disease shall prevail among the Indians 
of any nation, tribe or band in this state, the public welfare official of any 
town in which the reservation of such nation, tribe or band, is wholly or 
partly situated, may in accordance with rules and regulations adopted by 
the state commissioner of health, cause needed medical attendance, provi- 
sions and maintenance to be furnished to any indigent Indian residing in 
the town, who, or a member of whose family, is afflicted with such disease, 
while such disease shall continue; and the cost thereof after being audited 
as herein provided shall be a state charge. A verified statement of any 
expenses incurred under this section shall be transmitted by the public 
welfare official to the state commissioner of health. Such commissioner 
shall examine into the matter, and if satisfied that such expenses were 
properly and necessarily incurred in accordance with the rules and regula- 
* Village health boards. Village Law, § 85. 
t See Town Law, § 149-a. 
§ See § 4-a, subd. 9 and Social Welfare Law, § 65, subd. 2. Local Boards of Health 
45 
tions of the state commissioner of health, shall approve the same, and the 
amount thereof, after audit by the comptroller, shall be paid from the 
state treasury on the warrant of the comptroller to such public welfare 
official. (Amended by L, 1927, ch. 48, and L. 1941, ch. 42.) 
§ 36-a. Providing for the care and maintenance of carriers of disease.** 
Whenever an individual is declared by the state commissioner of health as 
being a carrier of typhoid fever bacilli and whenever, for the protection of 
the public health, the state commissioner of health shall have certified to 
the necessity of continued quarantine; or, whenever, in accordance with 
rules and regulations established by the public health council a carrier of 
the germs of typhoid fever is prevented from carrying on any occupation 
which would enable him to gain a livelihood, such individual may be given 
hospital or institutional care under the surveillance of the local health 
officer at the expense of the state if such hospital or institution in the judg- 
ment of the state commissioner of health be properly equipped for the care 
and maintenance of said individual. 
When no such hospital or institution is available and when in the opinion 
of the state commissioner of health such individual may be eared for at home 
or in a private family with due regard to the protection of the public health 
the commissioner of health shall furnish necessary medical attendance and 
maintenance and designate the agency or person through which such medical 
attendance and maintenance shall be furnished. No expenditure for the pur- 
poses herein authorized shall be contracted for or incurred by any such agency 
or person until after such expenditure has been authorized and approved by 
the state commissioner of health. A verified statement of any such approved 
expense incurred hereunder shall be transmitted to the state commissioner of 
health. The commissioner of health shall examine this statement and if 
satisfied that such authorized expenses are correct and necessary in accord- 
ance with rules and regulations adopted by him he shall audit and allow the 
same and when so audited the amount thereof shall be paid by the state 
department of taxation and finance, division of finance, on the warrant of 
the state comptroller to such institution, agency or person. (Added by L. 
1916, ch. 371; amended by L. 1930, ch. 297, and L. 1942, ch. 61.) 
§ 37. Mandamus. The performance of any duty or the doing of any act 
enjoined, prescribed or required by this article, may be enforced by mandamus 
at the instance of the state department of health or its president or secre- 
tary, or of the local board of health, or of any citizen of full age resident 
of the municipality where the duty should be performed or the act done. 
§ 38. Exceptions and limitations as to city of New York. Sections twenty 
to thirty-eight inclusive of this article shall not be construed to affect, alter 
or repeal laws now in force relating to the board of health of the city of 
New York nor the sanitary code duly adopted and now in force in such city. 
(Amended by L. 1913, ch. 559.) 
§ 38-a. Noxious weeds and growths; declaration of nuisance; determination 
of period of danger to public health; notice to remove, destroy and abate weeds 
and growths. 1. Whenever in any city there shall be growing on any property 
therein any ragweed or other species of weed, plant or growth which is 
noxious or detrimental to the public health, or the seed, pollen or other 
emanation whereof, when carried through the air or otherwise dispersed, 
is noxious or detrimental to the public health, the local board of health of 
any such city may take and file upon its records what it shall regard as 
sufficient proof to authorize a declaration that the existence of any such 
growth is a nuisance or danger to the public health, and may thereupon 
♦ * See § 326-a; Sanitary Code; Administrative Rules; and Social Welfare Law. 46 
The Public Health Law 
enter the same upon its records as a nuisance and order the same to be 
removed, destroyed or otherwise abated on any property wherever found. 
Such local board may also take and file among its records what it shall 
regard as sufficient proof to authorize a declaration that at any season or 
period of the year there exists a particular and imminent danger to the 
public health by reason of the approaching period of pollination of any such 
growth and may enter such determination upon its record. 
2. In addition to the mode of service of any notice or order of any local 
board of health authorized by any other section of this chapter, and during 
the period or season when a particular and imminent danger to public health 
arising out of the pollination of such weeds, plants or growth is determined 
to exist, any such local board may order the destruction of such weeds, 
plants or growths and the disposition thereof by posting a copy of such order 
conspicuously on the property where such noxious weeds, plants or growths 
are found, requiring the destruction or other disposition thereof as shall be 
directed by such order. The posting of such order shall be sufficient notice 
of such order to the owner, lessee, occupant of, or principal person or persons 
interested in such property of the nuisance created by such weeds, plants 
or growths. 
3. If any such order is not complied with, or so far complied with as the 
local board of health shall regard as reasonable, within five days after 
service, or within a shorter time, which, in case of particular and imminent 
danger to the public health the local board may designate, such local board 
or other agency of such city may enter upon any such property and remove 
and destroy any weeds, plants and growths noxious or detrimental to the 
public health. 
4. The provisions of sections thirty-one and thirty-two of this chapter 
shall apply respecting the expense of such removal, destruction or abatement, 
except where a different method of collecting such expense is otherwise pro- 
vided by law for and in respect to any city, then and in that event the 
provisions of such law in connection therewith shall apply in the case of 
such city. 
5. The provisions of this section shall not operate to deprive the local 
legislative body of any city of the power to enact local laws in relation 
to any matter in respect to which such power would otherwise exist, nor 
shall it limit such power. If this power otherwise exists, any provision of 
this section may be superseded, supplemented or amended by local law in 
the same manner and to the same extent as such provisions could be super- 
seded, supplemented or amended had this section not been enacted. (Added 
by L. 1943, ch. 398.) 
§ 39. Certain kinds of business and manufacture prohibited in cities or 
within three miles therefrom; exceptions.* It shall not be lawful for any 
person or persons to engage in or carry on the business of fat rendering, 
bone boiling or the manufacture of fertilizers or any business as a public 
nuisance within the corporate limits of any incorporated city of this state, 
or within a distance of three miles from the corporate limits of any incor- 
porated city, provided, however, that nothing herein contained shall prevent 
the rendering of fresh killed cattle or swine. All departments of health 
or the commissioner or commissioners thereof in any incorporated city of 
this state shall have power to enforce the provisions of this section. Any 
person or persons offending against the provisions of this section shall, upon 
conviction thereof, be guilty of a misdemeanor. This section shall not apply 
to the counties of Fulton, Wayne, Tompkins, Chautauqua, Orange, Dutchess, 
Erie, Monroe, Oneida, Onondaga, New York, Schoharie, Ulster, Greene, 
Cayuga, Cattaraugus, Niagara, Saratoga, Schenectady, Hamilton, Mont- 
gomery and Orleans, 
• gee Town Law, J 130. Potable Waters 
47 
§ 40. Health and welfare services to all children. The local board of health 
or other health authority of each city, town, and village and the county 
board of health or other health authority of a county, shall provide children 
who attend schools other than public with all or any of the health and 
welfare services and facilities, including but not limited to health, surgical, 
medical, dental and therapeutic care and treatment, and corrective aids and 
appliances, authorized by law and now granted or hereafter made available 
by such health board or authority for or to children in the public schools 
in so far as these services and facilities may be requested by the authori- 
ties of the schools other than public. Any such services or facilities shall 
be so provided notwithstanding any provision of any charter or other pro- 
vision of law inconsistent herewith, (Added by L. 1939, ch. 731; amended 
by L. 1941, eh. 936.) 
ARTICLE IV 
(§§ 40-50 repealed by L. 1922, chs. 48 and 335. See Agriculture and Markets 
Law.) 
Adulterations 
ARTICLE V 
Potable waters* 
Section 70. Rules and regulations of department. 
71. Inspection of water. 
72. Rules and regulations for water supplies legalized. 
73. Sewage. 
73-a. [Limitations on sanitary control.] 
74. Discharge of sewage into Wallkill creek prohibited. 
75. Discharge of sewage into the Susquehanna near Binghamton 
prohibited. 
76. Discharge of sewage and other matter into certain waters 
prohibited. 
76-a. Order to discontinue pollution of waters. 
77. Permission to discharge sewage. 
78. Permission to discharge refuse or waste matter from industrial 
establishments. 
79. Plans for refuse discharge pipes must be submitted. 
80. Revocation of permit. 
81. Reports of municipal authorities to local boards of health. 
82. Reports of proprietors of industrial establishments. 
83. Record of permits; inspection of local boards of health. 
84. Violations; service of notice; actions. 
85. Penalties. 
86. Constructions and limitations made by sections seventy-six to 
eighty-five, inclusive. 
87. Actions by municipalities to prevent discharge of sewage into 
waters. 
88. Orders by commissioner of health to protect water supplies. 
89. Water and sewerage service for realty subdivisions. 
§ 70. Rules and regulations of department.t The state department of health 
* See § 21-a, also Conservation, General City, General Municipal, Navigation, Penal, 
Transportation Corporations, Town and Village Laws, and McKinney’s Unconsolidated 
Laws, §§ 6121-6143, relating to waterworks operated Jointly, 
t See Sanitary Code. The Public Health Law 
48 
may make rules and regulations for the protection from contamination of 
any or all public supplies of potable waters and water supplies of state or 
United States, institutions, parks, reservations or posts and tbeir sources 
within the state, and the commissioner of water supply, gas and electricity 
of the city of New York and the board of water supply of the city of New 
York may make such rules and regulations subject to the approval of the 
state department of health for the protection from contamination of any 
or all public supplies of potable waters and their sources within the state 
where the same constitute a part of the source of the public water supply 
of said city. If any such rule or regulation relates to a temporary source 
or act of contamination, any person violating such rule or regulation shall 
be liable to prosecution for misdemeanor for every such violation, and on 
conviction shall be punished by a fine not exceeding two hundred dollars, or 
imprisonment not exceeding one year, or both. If any such rule or regula- 
tion relates to a permanent source or act of contamination, said department 
may impose penalties for the violation thereof or the noneompliance there- 
with, not exceeding two hundred dollars for every such violation or non- 
compliance. Every such rule or regulation shall be published at least once 
in each week for two consecutive weeks, in at least one newspaper of the 
county where the waters to which it relates are located. The cost of such 
publication shall be paid by the corporation, municipality, state or United 
States or state or United States institution, park, reservation or post benefited 
by the protection of the water supply to which the rule or regulation pub- 
lished relates. The affidavit of the printer, publisher or proprietor of the 
newspaper in which such rule or regulation is published must be filed, 
together with the rule or regulation published, in the county clerk’s office 
of such county, and such affidavit and rule and regulation shall be conclusive 
evidence of such publication, and of all the facts therein stated in all courts 
and places. (Amended by L. 1911, ch. 695, L. 1915, ch. 665, L. 1926, ch. 309, 
and L. 1933, eh. 391.) 
§ 71. Inspection of water. The person, officer, board or commission having 
the management and control of the potable water supply of any municipality, 
state or United States institution, park, reservation or post, and in the city 
of New York, the commissioner of water supply, gas and electricity, and 
the board of water supply of the city of New York, or the corporation 
furnishing such supply, may make such inspection of the sources of such 
water supply as such person, officer, board, corporation or commission deems 
advisable and to ascertain whether the rules or regulations of the state 
department of health, and of the commissioner of water supply, gas and 
electricity of the city of New York, and of the board of water supply of the 
city of New York, are complied with, and shall make such regular or special 
inspections as the state commissioner of health, or the commissioner of the 
department of water supply, gas and electricity of the city of New York, 
or the board of water supply of the city of New York, may prescribe, and 
the authorities in charge of the water supply or their duly authorized repre- 
sentatives may without fee or hindrance, enter, examine and survey all 
grounds, structures, buildings and places on the watershed tributary to the 
sources of such water supply in order to ascertain whether such rules or 
regulations are complied with. If any such inspection discloses a violation 
of any such rule or regulation relating to a temporary or permanent source 
or act of contamination, such person, officer, board, corporation or com- 
mission shall cause a copy of the rule or regulation violated to be served upon 
the person violating the same, with a notice of such violation. If the person 
served does not immediately comply with the rule or regulation violated, such 
person, officers, board, corporation or commission, except in a case concerning 
the violation of a rule or regulation relating to a temporary or permanent 
source or act of contamination affecting the potable water supply of the city Potable Waters 
49 
of New'York, shall notify the state department of health of the violation, 
which shall immediately examine into such violation; and if such person 
is found by the state department of health to have actually violated such 
rule or regulation, the commissioner of health shall order the local board 
of health of such municipality wherein the violation or noncompliance occurs, 
to convene and enforce obedience to such rule or regulation. If the local 
board fails to enforce such order within ten days after its receipt, the 
corporation furnishing such water supply or the municipality, state or 
United States or state or United States institution, park, reservation or 
post deriving its water supply from the waters to which such rule or regula- 
tion relates, or the state commissioner of health, or the local board of health 
of the municipality wherein the water supply protected by these rules is 
used, or any person interested in the protection of the purity of the water 
supply, may maintain an action in a court of record which shall be tried in 
the county where the cause of action arose against such person, for the 
recovery of the penalties incurred by such violation, and for an injunction 
restraining him from the continued violation of such rule or regulation. If 
the person served does not comply within five days with the rule or regula- 
tion violated, in case such rule or regulation relates to a temporary or 
permanent source or act of contamination affecting the potable water supply 
of the city of New York, the commissioner of water supply, gas and elec- 
tricity of said city, or the board of water supply of the city of New York, 
may summarily enforce compliance with such rule or regulation and may 
summarily abate or remove the cause of the violation of such rule or regu- 
lation or the nuisance so created, and to that end may employ such force 
as may be necessary and proper; provided, however, that no building or 
improvement shall be removed, disturbed or destroyed by the said com- 
missioner of water supply or the said board of water supply until he or they 
shall cause measurements to be made of the buildings and photographs of 
the exterior views thereof, which measurements and photographs shall be 
at the disposition thereafter of the owners or their attorneys, and failure 
to exercise such right of abatement shall not be deemed a waiver thereof. 
Failure to comply within five days with such rule or regulation shall further 
entitle the city of New York to maintain an action in any court having 
jurisdiction thereof for the recovery of the penalties incurred by such viola- 
tion and for an injunction restraining the person or persons violating such 
rule or regulation, or creating or continuing such nuisance, from the con- 
tinued violation of such rule or regulation or continuance of such nuisance; 
the remedy by abatement being not exclusive. (Amended by L. 1911. ch. 
695, L. 19i5, ch. 665, L. 1926, ch. 309, and L. 1927, ch. 602.) 
§ 72. Rules and regulations for water supplies legalized. All rules and 
regulations heretofore duly made and published for the sanitary protection 
of public water supplies, pursuant to chapter five hundred and forty-three 
of the laws of eighteen hundred and eighty-five, and chapter six hundred 
and sixty-one of the laws of eighteen hundred and ninety-three, as amended, 
are hereby legalized, ratified, confirmed and continued in force, until new 
rules and regulations become operative. 
This section and the two preceding sections shall not be construed to 
repeal or affect any of the provisions of chapter three hundred and seventy- 
eight of the laws of eighteen hundred and ninety-seven, or its amendments. 
§ 73. Sewage. When the state department of health, or the commissioner 
of water supply, gas and electricity of the city of New York, or the board 
of water supply of the city of New York, shall, for the protection of a water 
supply from contamination, make orders or regulations the execution of 
which will require or make necessary the construction and maintenance of 
any system of sewerage, or a change thereof, in or for any village or 50 
The Public Health Law 
hamlet, whether incorporated or unincorporated, or the execution of which 
will require the providing of some public means of removal or purification 
of sewage, the municipality, corporation, state or United States or state 
or United States institution, park, reservation or post owning the water- 
works benefited thereby shall, at its own expense, construct and maintain 
such system of sewerage, or change thereof, and provide and maintain such 
means of removal and purification of sewage and such works or means of 
sewage disposal as shall be approved by the state department of health, and 
for that purpose said municipality, corporation, state or United States or 
state or United States institution, park, reservation or post, may acquire, 
by condemnation the necessary real estate or interest therein or the ease- 
ment or use thereof whether now used for public or private purposes. When 
the execution of any such regulations of the state department of health, 
or the commissioner of water supply, gas and electricity of the city of 
New York, or the board of water supply of the city of New York will 
occasion or require the removal of any building or buildings, the munici- 
pality, corporation, state or state institution, park, reservation or post 
owning the waterworks benefited thereby shall, at its own expense, remove 
such buildings and pay to the owner thereof all damages occasioned by such 
removal. When the execution of any such regulation will injuriously affect 
any property the municipality, corporation, state or state institution, park, 
reservation or post owning the waterworks benefited thereby shall make 
just and adequate compensation for the property so taken or injured and 
for all injuries caused to the legitimate use or operation of such property. 
Until such construction or change of such system or systems of sewerage, 
and the providing of such means of removal or purification of sewage, and 
until such works or means of sewage disposal and the removal of any 
buildings are so made by the municipality, corporation, state or state insti- 
tution, park, reservation or post owning the waterworks to be benefited 
thereby at its own expense, and until, except in the case of a municipality, 
state or state institution, park, reservation or post, the corporation owning 
the waterworks benefited shall make just and adequate payment for all injuries 
to property and for all injuries caused to the legitimate use or operation of 
such property, there shall be no action or proceeding taken by any such 
municipality, officer, board, person, commission or corporation against any 
person or corporation for the violation of any regulation of the state 
department of health under this article, and no person or corporation shall 
be considered to have violated or refused to obey any such rule or regula- 
tion. The owner of any building the removal of which is occasioned or 
required, or which has been removed by any rule or regulation of the state 
department of health, or the commissioner of water supply, gas and elec- 
tricity of the city of New York, or the board of water supply of the city 
of New York, made under the provisions of this article, and all persons 
whose rights of property are injuriously affected by the enforcement of any 
such rule or regulation, shall have a cause of action against the munici- 
pality, corporation, and shall have the right to present a claim against and 
to the state or state institution, park, reservation or post owning the 
waterworks benefited by the enforcement of such rule or regulation, for 
all damages occasioned or sustained by such removal or enforcement, includ- 
ing all injuries caused to the legitimate use or operation of such property, 
and an action therefor may be brought against such municipality or cor- 
poration in any court of record in the county in which the premises or 
property affected is situated and shall be tried therein; or such damage 
may be determined by a special proceeding in the supreme court or the 
county court of the county in which the property is situated. Such special 
proceedings shall be commenced by petition and notice to be served by such 
owner upon the municipality or corporation in the same manner as for the Potable Waters 
51 
commencement of condemnation proceedings. Such municipality or corpora- 
tion may make and serve an answer to such petition as in condemnation 
proceedings. The petition and answer shall set forth the claims of the 
respective parties and the provisions of the condemnation law shall be 
applicable to the subsequent proceedings upon the petition and answer, if 
any. Either party may, before the service of the petition or answer respec- 
tively, offer to take or pay a certain sum, and no costs shall be awarded 
against either party unless the judgment is more unfavorable to him than 
his offer. Provided, however, that in the case of a summary abatement by 
a municipality as hereinbefore provided, no costs shall be awarded against 
I the owner of the property damaged, and the commissioners of appraisal in 
their report shall recommend such additional sum as may in their judg- 
ment be reasonable as compensation for witnesses and other necessary 
expenses of claimant. Such municipality shall, within three calendar months 
after the confirmation of the report of the commissioners of appraisal, pay 
to the respective owners and bodies politic or corporate, mentioned or 
referred to in said report, in whose favor any sum or sums of money shall 
I be estimated and reported by said commissioners, the respective sum or 
sums so estimated and reported in their favor respectively, with lawful 
interest thereon. And in case of neglect or default in the payment of the same 
within the time aforesaid, the respective person or persons or bodies politic 
! or corporate in whose favor the same shall be so reported, his, her, or their 
! executors, administrators, successors, or assigns, at any time or times, after 
application first made by him, her, or them to such municipality for pay- 
ment thereof, may sue for and recover the same, with lawful interest as 
aforesaid, and the costs of suit in any proper form of action against such 
municipality in any court having cognizance thereof, and it shall be suf- 
ficient to declare generally for so much money due to the plaintiff or 
plaintiffs therein by virtue of this act, and the report of said commis- 
sioners, with proof of the right and title of the plaintiff or plaintiffs to the 
sum or sums demanded shall be conclusive evidence in such suit or action. 
(Amended by L. 1911, ch. 695, L. 1915, ch. 665, L. 1921, ch. 510, L. 1926, 
ch. 309, and L. 1928, eh. 395.) 
§ 73-a. [Limitations on sanitary control.]! Nothing contained in this chap- 
ter shall extend the sanitary control of the board of water supply of the 
city of New York, beyond the sources of potable water supply, tributary to 
the Catskill aqueduct; and the powers granted by this chapter to the board 
of water supply of the city of New York shall cease at the time of the 
transference of the jurisdiction over the source of * water supply, by the 
board of water supply to the commissioner of water supply, gas and electricity 
of the city of New York; and at no time shall the commissioner of water 
supply, gas and electricity of the city of New York and the board of water 
supply of said city have or exercise concurrent powers or sanitary control 
over the sources of potable water supply tributary to the Catskill aqueduct. 
(Added by L. 1915, ch. 665.) 
§ 74. Discharge of sewage into Wallkill creek prohibited. No person or cor- 
poration shall permit the discharge or escape of any sewage, or other matter 
deleterious to public health, or destructive to fish, or throw or cast any dead 
animal, carrion or offal, or other putrid or offensive matter into the waters 
of the Wallkill creek, in the counties of Ulster and Orange. Any person 
violating any provision of this section shall forfeit to the county where the 
violation occurred the sum of fifty dollars for every such violation. 
§ 75. Discharge of sewage into the Susquehanna near Binghamton pro- 
hibited. No person or corporation shall cause to fall, flow or discharge into the 
t Section heading inserted by editor. 52 
The Public Health Law 
Susquehanna river or any of its tributaries, between the Rock Bottom dam 
in such river at the city of Binghamton, and a point one mile east of the 
bridge that crosses such river at Conklin, any sewage matter, or other 
foul, noxious or deleterious, solid or liquid matter, or any matter that may 
be declared such by the board of health of any municipality adjacent to 
such river within such limit. The board of health of any such municipality 
shall examine into any alleged offense against this section and cause the 
same to be abated, if found to exist. Every person violating any provision 
of this section shall forfeit to the municipality having a local board of 
health where the violation occurs the sum of twenty-five dollars for the 
first day when the violation takes place, and the sum of ten dollars for 
every subsequent day that such violation is repeated or continued. 
§ 76. Discharge of sewage and other matter into certain waters prohibited.* 
No person, corporation or municipality, shall place or cause to be placed, 
or discharge or cause to be discharged into any of the waters of this state, 
in quantities injurious to the public health, any sewage, garbage, offal, or 
any decomposable or putrescible matter of any kind or the effluent from 
any sewage disposal plant, or any substance, chemical or otherwise, or any 
refuse or waste matter, either solid or liquid, from any sewer or drainage 
system or from any shop, factory, mill or industrial establishment; unless 
express permission to do so shall have been first given in writing by the 
state commissioner of health as provided in this article, except as herein- 
after provided. But this section shall not prevent the discharge of sewage 
from any public sewer system owned and maintained by a municipality until 
an order prohibiting same shall be made as hereinafter provided, or the 
discharge of refuse or waste matter from any shop, factory, mill or indus- 
trial establishment, if such sewer system was in operation and was dis- 
charging sewage, or such shop, factory, mill or industrial establishment was 
in operation and discharging refuse or waste matter, into any of the waters 
of this state on or prior to May seventh, nineteen hundred and three, and such 
municipality or the proprietor of such shop, factory, mill or industrial 
establishment secured exemption from this section by filing a report with the 
state commissioner of health in accordance with law, nor to any extension 
or modification of such shop, factory, mill or industrial establishment, or recon- 
struction thereof, provided the refuse or waste matter discharged therefrom 
is not materially changed or increased; but this exception shall not permit 
any increase in the discharge of such sewage, or in the discharge of refuse 
or waste matter from any shop, factory, mill or industrial establishment, 
nor shall it permit the discharge of sewage from a sewer system which shall 
be extended, modified or reconstructed subsequent to said date. (Amended 
by L. 1911, ch. 553.) 
§ 76-a, Order to discontinue pollution of waters. Whenever the state com- 
missioner of health shall determine upon investigation that sewage from any 
city, village, town, building, steamboat or other vessel, or property, or any 
garbage, offal or any decomposable or putrescible matter of any kind is 
being discharged into any of the waters of the state, which shall include 
all streams and springs and all bodies of surface and ground water, whether 
natural or artificial, within or upon the boundaries of the state, and when, 
in the opinion of the state commissioner of health, such discharge is 
polluting such waters in a manner injurious to or so as to create a menace 
to health, or so as to create a public nuisance, he may order the municipality, 
corporation or person so discharging sewage, refuse or other matter, to 
show cause before him why such discharge should not be discontinued. A 
* Conservation Law, § 213, provides no factory refuse or other deleterious or poisonous 
substance shall be thrown or allowed to run into any waters in quantities injurious to 
fish. Potable Waters 
53 
notice shall be served on the municipality, corporation or person so dis- 
charging sewage, refuse or other matter, directing such municipality, cor- 
poration or person to show cause before the said state commissioner of 
health on a date specified in such notice why an order should not be made 
directing the discontinuance of such discharge. Such notice shall specify 
the time when and place where a public hearing will be held by the state 
commissioner of health and notice of such hearing shall be published at least 
twice in a newspaper of the city, village, town or county where such dis- 
charge occurs, and shall be served personally or by mail at least fifteen days 
before said hearing and in the case of a municipality or a corporation such 
service shall be upon an officer thereof. The state commissioner of health 
shall take evidence in regard to said matter and he may issue an order to 
the municipality, corporation or person responsible for such discharge, 
directing that within a specified period of time thereafter such discharge be 
discontinued, and such proper method of treatment or disposal of such 
sewage, refuse or waste matter be installed as shall be approved by the 
state department of health. Such order shall not be valid until approved 
by the governor and the attorney-general, and when so approved it shall be 
the duty of the attorney-general to enforce such order. Such means or 
method for the treatment or disposal of sewage, refuse or other matter must 
be executed, completed and put in operation within the time fixed in the 
order. The state commissioner of health shall have authority to require 
from the officials and persons responsible for the execution of such orders 
satisfactory evidence at specified times of proper progress in the execution 
of such orders, and may stipulate and require that certain definite progress 
shall be made at certain definite times prior to the final date fixed in the 
order. For the purposes of this article sewage shall be defined as any sub- 
stance, solid or liquid that contains any of the waste products or excrementi- 
tious or other wastes or washings from the bodies of human beings or animals. 
But this section shall not apply to refuse or waste matter from any shop, 
factory, mill or industrial establishment not containing sewage as herein- 
before defined. (Added by L. 1911, ch. 553; amended by L. 1921, ch. 510, 
and L. 1928, ch. 395.) 
§ 77. Permission to discharge sewage. Upon application duly made to the 
state commissioner of health by the public authorities having by law the 
charge of the sewer system of any municipality, the state commissioner of 
health shall have power to consider the ease of a sewer system otherwise 
prohibited by section seventy-six from discharging sewage into, any of the 
waters of the state, and whenever in his opinion the general interests of 
the public health would not be endangered thereby he may issue a permit 
for the discharge of sewage from any such sewer system into any of the 
waters of the state, and may stipulate in the permit, modification, regula- 
tions and conditions on which such discharge may be permitted. Such 
application must be made in a form required by the state commissioner of 
health. The plans for the construction of any sewer system or sewage 
disposal plant for the extension, reconstruction or modification of sewers, 
sewer systems or sewage disposal plants the permit for the discharge from 
which is requested from the state commissioner of health as provided in this 
section shall be submitted to and approved by the state department of health 
before such permit becomes effective.f Such permit before being operative 
shall be recorded in the county clerk's office of the county wherein the outlet 
of the said sewer system is located, and a copy of the permit shall be 
transmitted by the state commissioner of health to the board of health of 
t See Village Law, § 260 ; Town Law, § 192 : General Municipal Law. § 120-n ; L. 1936, 
eh. 879, § 1207 (Nassau County Law) ; L. 1933, ch. 568. § 8 (Onondaga County Sanitary 
Sewer and Public Works Act) ; L. 1928, ch. 219. § 4-a (Westchester County Sanitary Sewer 
Act) ; McKinney’s Unconsolidated Laws. § 6056. 
See 2nd Class Cities Law, § by local health officer. 54 
The Public Health Law 
the municipality wherein the outlet of said sewer system is located. (Amended 
by L. 1911, ch. 553, L. 1921, ch. 510, and L. 1928, ch. 395.) 
§ 78. Permission to discharge refuse or waste matter from industrial estab- 
lishments. Upon application duly made to the state commissioner of health by 
the proprietor, lessee or tenant of any shop, factory, mill or industrial 
establishment from which the discharge of refuse or waste matter into any 
of the waters of the state is otherwise prohibited by section seventy-six, 
the state commissioner of health shall have power to consider the case of 
the said shop, factory, mill or industrial establishment, and whenever the 
public health and purity of the waters shall warrant it, he shall issue a 
permit for the discharge of refuse or waste matter from such shop, factory, 
mill or industrial establishment into any of the waters of the state, and 
may stipulate in the permit such modification, regulations and conditions 
as the public health may require. Such permit before being operative shall 
be recorded in the county clerk’s office of the county where such shop, 
factory, mill or industrial establishment is located and a copy of such permit 
shall be transmitted by the state commissioner of health to the board of 
health of the municipality wherein the outlet discharging refuse or waste 
matter from such shop, factory, mill or industrial establishment shall be 
located. 
§ 79. Plans for refuse discharge pipes must be submitted. Before any con- 
duit or discharge pipe, or other means of discharging or casting any refuse 
or waste matter from any shop, factory, mill or industrial establishment 
not constructed or in process of construction on May seventh, nineteen 
hundred and three, shall be put in or constructed for the purpose of dis- 
charging any refuse or waste matter therefrom into any waters in this 
state, a statement of the purpose for which the same is to be used shall 
be submitted to the commissioner. If the same is not detrimental to the 
public health he shall issue a permit therefor to the applicant. Before 
such permit becomes effective the plan or plans for any such conduit or 
discharge pipe or other means of discharging or casting any refuse or waste 
matter shall be submitted to and approved by the state department of 
health. No such conduit, discharge pipe or other means of discharging 
or casting any refuse or waste matter from any such shop, factory, mill or 
establishment into any of the waters of this state shall be put in or con- 
structed before such permit is granted, and if put in or constructed, the 
person putting in or constructing or maintaining the same shall forfeit to the 
people of the state five dollars a day for each day the same is used or 
maintained for such purpose, to be collected in an action brought by the 
commissioner. He may also maintain an action in the name of the people 
to restrain a violation of this section. (Amended by L. 1921, ch. 510, and 
L. 1928, ch. 395.) 
§ 80. Revocation of permit. Every such permit for the discharge of sewage 
from a sewer system or for the discharge of refuse or waste matter from 
a shop, factory, mill or industrial establishment, shall when necessary to 
conserve the public health, be revocable or subject to modification or change 
by the state commissioner of health on due notice after an investigation 
and hearing and an opportunity for all interested therein to be heard thereon 
being served on the public authorities of the municipality owning and main- 
taining the sewer system, or on the proprietor, lessee or tenant of the shop, 
factory, mill or industrial establishment. Plans for any such modification 
shall be submitted to and approved by the state department of health. The 
length of the time after receipt of the notice within which the discharge of 
sewage or of refuse or waste matter shall be discontinued may be stated in 
the permit, but in no case shall it exceed two years in the case of a sewer 
system, or one year in the case of a shop, factory, mill or industrial estab- Potable Waters 
55 
lishment, and if the length of time is not specified in the permit, it shall 
be one year in the case of a sewer system and six months in the case of a 
shop, factory, mill or industrial establishment. On the expiration of the 
period of time prescribed after the service of a notice of revocation, modifi- 
cation or change from the state commissioner of health, the right to discharge 
sewage or refuse or waste matter into any of the waters of the state shall 
cease and terminate and the prohibition of section seventy-six of this 
article against such discharge shall be in full force as though no permit had 
been granted, but a new permit may thereafter again be granted as herein- 
before provided. (Amended by L. 1921, ch. 510, and L. 1928, ch. 395.) 
§ 81. Reports of municipal authorities to local boards of health. The report 
of the public authorities having by law charge of the sewer system of every 
municipality in the state, from which sewer system sewage was being dis- 
charged into any of the waters of the state on May seventh, nineteen hun- 
dred and three, transmitted by the board of health of the municipality within 
which any sewer outlet of the said sewer system is located to the state 
commissioner of health and filed by him in his office, shall constitute the 
evidence of exemption from the prohibition of section seventy-six of this 
article. No sewer system shall be exempt from the prohibition of said 
section against the discharge of sewage into the waters of the state for 
which a satisfactory report shall not have been filed in the office of the state 
commissioner of health in accordance with laws of nineteen hundred and 
three, chapter four hundred and sixty-eight. 
§ 82. Reports of proprietors of industrial establishments. The report of the 
proprietor of every shop, factory, mill and industrial establishment in the 
state, from which refuse or waste matter was being discharged into any of 
the waters of the state on May seventh, nineteen hundred and three, filed in 
the office of the state commissioner of health shall constitute the evidence 
of exemption of the shop, factory, mill or industrial establishment from the 
prohibition of section seventy-six of this article. No shop, factory, mill or 
industrial establishment shall be exempt from the prohibition of said section 
against the discharge of refuse or waste matter into the waters of the state, 
for which a report shall not have been made in accordance with laws of 
nineteen hundred and three, chapter four hundred and sixty-eight. 
§ 83. Record of permits; inspection of local boards of health. Each board 
of health shall preserve in its office and in a form to be prescribed by the 
state commissioner of health, a permanent record of each permit issued 
by the state commissioner of health granting the right to discharge sewage 
or refuse or waste matter into any of the waters of the state within that 
municipality and of each revocation of a permit; and also a permanent 
record of each report received by the board of health concerning each sewer 
system and each shop, factory, mill or industrial establishment which on 
May seventh, nineteen hundred and three, was discharging sewage or refuse 
or waste matter into any of the waters of the state within that municipality. 
Each local board of health shall make and maintain such inspection as will, 
at all times, enable it to determine whether section seventy-six of this article 
is being complied with in respect to the discharge of sewage, refuse or waste 
matter or other materials prohibited by said section, into any of the waters 
of the state within that municipality. For the purpose of such inspection 
every member of such board of health, or its health officer, or any person 
duly authorized by it, shall have the right to make all necessary examinations 
of any premises, building, shop, factory, mill, industrial establishment, process 
or sewer system. 
§ 84. Violations; service of notice; actions. The local board of health of 
each municipality shall promptly ascertain every violation of, or noncompli- 56 
The Public Health Law 
ance with, any of the provisions of section seventy-six of this article or of 
the permits for the discharge of sewage or refuse or waste material into 
any of the waters of the state herein provided, which may occur within 
that municipality, or the state commissioner of health may ascertain such 
violations or noncompliance. The local board of health shall on the discovery 
of every violation of or noncomplianee with any of the provisions of said 
section or of any permit duly issued, report the same in writing to the 
said commissioner of health. Upon such report from a local board of health 
or upon ascertaining such violation or noncompliance, the state commissioner 
shall at once give a hearing to and fake the proof of persons charged with 
such violation or noncompliance and investigate the matter, and if he finds 
a violation or noncomplianee to exist he may bring an action in the name 
of the people of the state in a court of record against the person or cor- 
poration responsible for the violation or noncomplianee, for the recovery 
of the penalties incurred and for an injunction against the continuation of 
the violation or noncomplianee. (Amended by L. 1911, ch. 553.) 
§ 85. Penalties. The penalty for the discharge of sewage from any public 
sewer system into any of the waters of the state without a duly issued 
permit for which a permit is required by this article shall be five hundred 
dollars, and a further penalty of fifty dollars per day for each day the 
offense is maintained. The penalty for the discharge of sewage from any 
public sewer system into any of the waters of the state without filing a 
report for which a report is required to be filed with the board of health 
of the municipality shall be fifty dollars. The penalty for the discharge of 
refuse or waste matter from any shop, factory, mill or industrial establish- 
ment for which a permit is required by this article, without such permit 
shall be one hundred dollars and ten dollars per day for each day the offense 
is maintained. The penalty for the discharge of refuse or waste matter from 
any shop, mill, factory or industrial establishment, without filing a report 
where a report is required by this article to be filed shall be twenty-five 
dollars and five dollars per day for each day the offense is maintained. The 
penalty for discharging into any of the waters of the state any other matter 
prohibited by section seventy-six of this article besides that specified above, 
shall be twenty-five dollars and five dollars per day for each day the offense 
is maintained. 
§ 86. Constructions and limitations made by sections seventy-six to eighty- 
five, inclusive. Nothing in sections seventy-six to eighty-five inclusive shall 
be construed to diminish or otherwise to modify the common law rights of 
riparian owners in the quality of waters of streams covered by such rights, 
nor in the ease of actions brought against the pollution of waters to limit 
their remedy to indemnities. 
§ 87. Actions by municipalities to prevent discharge of sewage into waters. 
Any incorporated city or village in the state of New York, which has made 
such provision for the disposal of its sewage as not to pollute or con- 
taminate therewith any river, stream, lake or other body of water, may have 
and maintain an action in the supreme court to prevent the discharge of 
any sewage or substance deleterious to health, or which shall injure the 
potable qualities of the water in any river, stream, lake or other body of 
water, from which such incorporated city or village shall take or receive its 
water supply, provided, that such river, stream, lake or other body of water 
is wholly, or in part, within the boundaries of the county in which such 
plaintiff is located. Whenever such action shall be brought under the pro- 
visions of this section, it shall be the duty of the supreme court upon proof 
of the existence of facts justifying the bringing and maintenance of such 
action under the provisions of this section to render a judgment in which Potable Waters 
57 
shall be incorporated a mandatory injunction requiring the person, body, 
board, corporation, municipality, village, county or town, being a defendant 
to said action which directly or indirectly, or by its servants, agents or 
officers shall discharge or dispose of its sewage, or any other substance 
deleterious to health or which shall injure the potable qualities of the water 
in such wise as that the same shall enter into any river, stream, lake or 
other body of water, from which such plaintiff shall take or receive its 
water supply, within such reasonable time as may be prescribed by the court, 
to take such action as shall prevent such discharge or the disposal of such 
sewage or other substance into such waters, or the pollution thereof, with 
such further directions in the premises as may be proper and desirable to 
effect such purpose, provided that such river, stream, lake or other body of 
water is wholly, or in part, within the boundaries of the county in which 
such plaintiff is located. But no such action shall be brought as provided 
for in this section until the state department of health has examined and 
determined whether the sewage does pollute or contaminate the river, stream, 
lake or other body of water into which said sewage is discharged. The 
expense of such examination by said department shall be a charge upon 
and paid by the municipality in whose interest and on whose behalf such 
examination is made. In case the state department of health shall find upon 
examination that the discharge of said sewage does pollute or contaminate 
said waters or any of them in such manner as to be a menace or danger 
to the health of those using said waters the plans for the removal or disposal 
of the sewage ordered to be prepared by the court as provided in this sec- 
tion shall be submitted to the state department of health for its approval. 
(Amended by L. 1921, ch. 510, and L. 1928, ch. 395.) 
§ 88. Orders by commissioner of health to protect water supplies. When 
the state commissioner of health, after investigation of the condition of any 
public water supply used for drinking or other domestic purposes, whether 
maintained and operated by a municipality, water district or private cor- 
poration, company or individual, shall certify to the board, corporation, com- 
pany, officer or person in charge of the maintenance and operation of such 
water supply that in his opinion such water supply is so polluted or subject 
to dangerous pollution or so inadequate or of such objectionable physical 
quality as to constitute a menace to the public health and shall order reason- 
able improvements to be made for the protection of public health and such 
municipality, water district or private corporation, company or individual 
maintaining and operating such water supply shall fail to carry out such 
order forthwith, any court of competent jurisdiction may, upon the applica- 
tion of the state commissioner of health, enforce prompt compliance with 
such order. Service of the certificate by the state commissioner of health as 
aforesaid shall be made upon the mayor or corporation counsel of the 
municipality or upon an officer of the water district or private corporation 
or company as the case may be. (Added bv L. 1927, ch. 254; amended by 
L. 1929, ch. 374, and L. 1935, ch. 144.) 
§ 89. Water and sewerage service for realty subdivisions. Before land 
platted for subdivision is put upon the market by any corporation, company, 
persons or person, and before any permanent building is erected thereon, there 
shall be filed with the state commissioner of health a plat of such subdivision, 
together with a statement as to the methods proposed for supplying the sub- 
division with water and sewerage service, and such other information as may 
be required by the commissioner. The commissioner may thereupon order 
the preparation and submission of such plans and specifications, within a 
specified time, as he may deem necessary for furnishing adequate water 
supply and sewerage service to said subdivision; and he may at any time 
order the installation, within a specified period, in accordance with the plans 58 
The Public Health Law 
presented or approved revisions thereof, of the whole or any part of the water 
supply and sewerage systems for said subdivision as the public health may, 
in his judgment, require; provided that nothing herein contained shall be 
construed to delegate the general powers of the water power and control 
commission nor to impair nor to deprive such commission of its powers and 
functions as now provided by law. No county clerk or register shall file or 
record or accept for filing or recording any map or plat showing a subdivision 
of land in any town or village unless there is endorsed thereon or annexed 
thereto a certificate of the state commissioner of health approving the water 
supply and sewerage systems proposed or installed for such subdivision and 
consenting to the filing thereof. But this section shall not apply to any 
subdivision of property upon which dwellings for less than ten families may 
be constructed nor in any city nor in any county which maintans a county 
department of health that has adopted regulations for the control of such 
developments. (Added by L. 1933, ch. 403; amended by L. 1938, ch. 260, 
and L. 1939, ch. 97.) 
ARTICLE V-A* 
Joint disposal of sewage 
(Added by L. 1932, ch. 132) 
Section 90. Territory included in sanitary district. 
91. Petition for election. 
92. Action on petition. 
93. Election. 
94. Appointment of commission, organization, employees 
95. Commission, organization, employees. 
96. Duties of commission. 
97. Petition for bond issues. 
98. Obligations: disposition of proceeds; payment. 
99. Tax assessments. 
99-a. Acquiring property, rights of way. 
99-b. Passing rules and regulations. 
99-e. Partial invalidity of article. 
§ 90. Territory included in sanitary district. Whenever contiguous terri- 
tory containing one or more centers of population regardless of form of 
incorporation or lack of incorporation shall be so situated that the construc- 
tion of a joint outlet sewer and a plant or plants for the treatment of sewage 
will be conducive to the preservation of the public health, this territory may 
be incorporated as a sanitary district. It is provided, however, that no 
territory located more than three miles from the limits of a city or incor- 
porated village or from the center of an unincorporated village having a 
population of five hundred or more can be included in such a district. 
§ 91. Petition for election. One hundred or more legal voters resident of 
the proposed sanitary district may petition a justice of the supreme court of 
the judicial district in which the proposed sanitary district or a major 
portion thereof is located to submit the proposition of organizing a sanitary 
district to a vote of the electors residing in that district. The petition shall 
contain a description of the proposed district and shall be accompanied by 
a map drawn to scale showing the boundaries of the proposed sanitary 
district together with the limits of any incorporated cities or villages and 
the centers of population of any unincorporated villages which are included 
in said district. The execution of the petition by an elector shall be acknowl- 
• Formerly Sanitary District Law, L. 1927, ch. 303. Joint Disposal op Sewage 
59 
edged by him or it may be proved by the oath of a witness who shall swear 
that he knows the electors and that the petition was signed by the electors 
in the presence of the witness. 
§ 92. Action on petition. Upon the receipt of such a petition the supreme 
court justice shall set a date for a public hearing thereon. The hearing 
shall be held within sixty days after the receipt of the petition and shall 
be advertised by posting a notice in four of the most public places within 
the proposed district at least twenty-one days prior thereto and by publish- 
ing a notice in a newspaper published within the proposed district or 
having a general circulation therein, once in each of the three weeks imme- 
diately preceding the week in which the hearing is to be held. All interested 
persons, officials, residents, voters, taxpayers, property owners or other 
persons or corporations in any way affected by the granting of said petition 
shall be heard on any questions dealing with the location of the boundaries 
of the district. No question dealing with the advisability of forming the 
district are to be heard at this time. Following the public hearings, the 
justice shall fix the boundaries of the district as proposed or modify the 
boundaries as will best serve the public need. 
§ 93. Election. The justice shall then call an election within sixty days 
following the date of the hearing at which the question shall be submitted 
to the voters residing within the boundaries of the proposed sanitary district 
as fixed by the justice as to whether the district shall be incorporated or 
not. The election shall be advertised in the same manner as herein required 
for advertising the public hearing. The proposition shall be submitted sub- 
stantially in the following form: 
For the sanitary district. 
Against the sanitary district. 
A majority of the votes east shall decide the matter. The election shall be 
managed and the vote canvassed in the same manner as in an election to 
fill a county office. If the territory included in the district is in more than 
one county, the returns shall be made and certified to the justice by the 
responsible county authorities and he shall compile the vote. If the majority 
are in favor of incorporating the sanitary district the justice shall within 
thirty days following the date of the election, issue a determination to that 
effect which shall contain a description of the sanitary district and he shall 
file a certified copy of said determination with the county clerk in each 
county of which the whole or portions may be included within said sanitary 
district. 
§ 94. Appointment of commission, organization, employees. Within thirty 
days following the date of the election, the justice shall also appoint three 
commissioners to administer the affairs of the sanitary district and to be 
known as the sanitary district commission. The said commissioners shall 
be vested with the management of the affairs of the sanitary district. Each 
commissioner shall be a legal voter and taxpayer, resident of the sanitary 
district and shall subscribe to an oath to serve the district. It is provided, 
however, that not more than two commissioners shall be residents of any 
one city, incorporated village or unincorporated community if more than 
one city, incorporated village or unincorporated community is included in 
the district. The first three commissioners shall be appointed for one, two 
and three year terms respectively beginning with the date of appointment 
and thereafter one commissioner shall be appointed each year to serve a 
three year term. A vacancy occurring in the office of a commissioner shall 
be filled by appointment for the unexpired term. 60 
The Public Health Law 
§ 95. Commission, organization, employees. The commissioners shall elect 
a chairman and vice-chairman from among their own members and a secre- 
tary, who need not be a commissioner. The commissioners may employ and 
at pleasure discharge such engineering, professional and other assistants as 
may be needed and incur such other expenses as may be found necessary within 
the amounts available therefor by annual budget appropriations. The com- 
missioners shall receive no compensation for their services but such com- 
missioners and employees of the commission shall be paid their actual and 
necessary expenses in the performance of their official duties. Such com- 
missioners may adopt a seal for the commission and two of the commis- 
sioners shall constitute a quorum for the transaction of business. 
§ 96, Duties of commission. The sanitary district commission is hereby 
authorized and directed to prepare maps, plans, specifications, estimates for 
any structure or structures required to provide for the safe disposal of the 
sewage of the sanitary district and to let contracts for, supervise the con- 
struction and maintenance or the enlarging or remodeling of such structures 
and to carry on such other activities as may be required by this article or 
considered necessary to perform the duties in this article prescribed. It is 
intended that the commissioners construct and maintain main sewers and 
sewage treatment works in ,order to provide a satisfactory outlet for any 
municipal subdivision which may, at any future time, connect sub-main and 
lateral sewers to it. It is provided, however, that said commissioners may 
undertake the construction of sub-mains or laterals as agents for cities, towns 
or villages when officially requested so to act and when the cost of such 
work is to be borne by local assessments against the property benefited. 
§ 97. Petition for bond issues. The sanitary district commission may 
from time to time petition the finance board, as that term is defined in 
subdivision four of section two of the local finance law, or the several 
finance boards where the whole or parts of more than one county are 
included in the sanitary district, to issue obligations in amounts to be set 
forth in said petition, to pay for the construction of all or any part of a 
sewerage system to serve the district. In the event that more than one 
county is included in the district, the commission is authorized to apportion 
the amount to be raised by each county as nearly as may be in proportion 
to the benefits which property in each county will derive therefrom. Before 
fixing and determining said apportionment of the issue of obligations, the 
commission shall advertise and hold a public hearing, at which the finance 
boards of the various counties, property owners and any interested persons 
may appear and be heard. (Added by L. 1932, ch. 132; amended by L. .1943, 
ch. 710, effective April 2, 1945.) 
§ 98. Obligations: disposition of proceeds; payment. The money derived 
from the sale of any issue of obligations on behalf of the district shall be 
placed to the credit of the commissioners of the sanitary district by the 
board of supervisors and shall be subject to the order of said commissioners 
for the purposes for which said obligations were issued. Payments on 
such obligations shall be made by the board of supervisors from any funds 
available for that purpose or by taxes to be collected by the county and 
based on an annual tax assessment roll against real property benefited in 
the county. The amount of such annual tax shall be sufficient for retiring 
and paying the interest due on these obligations as hereinafter provided. 
(Added by L. 1932, ch, 132; amended by L. 1943, ch. 710, effective April 
2, 1945.) 
§ 99. Tax assessments. The sanitary district commission shall certify 
to the board of supervisors of the county in which said district is located, 
or to each of the several boards of supervisors where the whole or parts of Joint Disposal op Sewage 
61 
more than one county are included in the district, each year at a time to be 
set by said boards of supervisors, an annual assessment roll which shall 
be known as the “sanitary district sewer tax” and shall be collected by the 
county through the various local town and village tax collectors in the 
same manner as are county taxes. The total assessment for each year shall 
be sufficient to provide funds for retiring obligations and paying the 
interest due on obligations and for maintaining or improving the sewerage 
system and paying the necessary general expenses of the district. This 
assessment shall be apportioned against the property in the sanitary district 
directly or indirectly benefited in proportion as nearly as may be to the 
benefits derived. The property against which such taxes are levied shall be 
liable for the payment of said taxes in the same manner as they are liable 
for town or village taxes. The board of supervisors shall, from taxes so 
collected, retire obligations and pay the interest due on obligations and shall 
place all in excess to the credit of the commissioners of the sanitary district 
to be drawn upon as required for other expenses and charges. The board of 
supervisors may also advance from general funds available such moneys as 
may be required to pay the expenses of the commission or the salaries of 
employees or fees of consultants or other expenses which may become due 
before such taxes are available but which sums shall be reimbursed from 
such taxes when collected. (Added by L. 1932, ch. 132; amended by L. 
1943, ch. 710, effective April 2, 1945.) 
§ 99-a. Acquiring property, rights of way. For the purpose of providing 
for the safe disposal of the sewage of the sanitary district, the commissioners 
of any such district are hereby authorized to acquire by purchase or by 
condemnation proceedings any lands and rights of way and easements. Said 
trustees are also authorized to install and maintain sewers in public streets, 
roads or highways provided due care is taken to protect existing structures, 
to facilitate traffic movement during construction and to restore the surface 
of said streets, roads or highways to their original condition as soon as 
practicable. 
§ 99-b. Passing rules and regulations. The commissioners of any sanitary 
district established under this article are hereby authorized to promulgate 
from time to time and enforce such rules and regulations as may seem 
necessary, governing the use of the whole or any parts of sewerage systems 
under their control. 
§ 99-c. Partial invalidity of article. If any clause, sentence, paragraph, 
section or part of this article shall be adjudged by any court of competent 
jurisdiction to be invalid, such judgment shall not affect, impair or invalidate 
the remainder thereof, but shall be confined in its operation to the clause, 
sentence, paragraph, section, or part thereof directly involved in the con- 
troversy in which such judgment shall have been rendered. 
ARTICLE VI 
Quarantine at the Port of New York 
(Article repealed by L. 1937, ch. 426, having been transferred to United 
States Public Health Service on February 28, 1921.) 
ARTICLE VII 
Health Officer of the Port of Hew York 
(Article repealed by L. 1937, ch. 426, having been transferred to United 
States Public Health Service on February 28, 1921.) 62 
The Public Health Law 
ARTICLE VIII 
Practice of medicine 
(Article repealed by L, 1927, ch. 85. Article 48, Education Law, now 
governs the practice of medicine. Copy of law may be obtained by writing 
State Department of Education, Albany, N. Y.) 
ARTICLE VIII-A 
The licensing and registration of midwives* 
(Added by L. 1922, ch. 501) 
Section 175. [Necessity of registration and license.] 
176. [Licensed midwives only entitled to register.] 
177. [Place of registration of midwives.] 
178. Application and qualifications. 
179. [Duration of license.] 
180. [Rules and regulations.] 
181. [Revocation of license.] 
182. [Failure to observe rules and regulations.] 
183. [Practices forbidden.] 
184. [Reports.] 
185. [Licenses now existing.] (Repealed.) 
186. [Renewal of licenses.] 
187. [Authority of deputy commissioner of health.] 
188. [Scope of article.] 
§ 175. [Necessity of registration and license.]1 On and after the date of 
the passage of this act, no person other than a duly licensed and registered 
physician, shall practice midwifery or use the name or title of midwife unless 
such person shall be duly registered as a midwife with the local registrar 
of vital statistics, pursuant to the provisions of section three hundred and 
eighty-five of the public health law, as amended by chapter six hundred and 
nineteen of the laws of nineteen hundred and thirteen, and unless such person 
shall have received a license to practice midwifery from the state commis- 
sioner of health. 
§ 176. [Licensed midwives only entitled to register.]1 On and after the 
date when this act shall take effect, no person not duly licensed as a midwife 
shall be registered as a midwife by any registrar of vital statistics. 
§ 177. [Place of registration of midwives.]1 On and after the date when 
this act shall take effect, every licensed midwife shall register her name and 
address with the registrar of vital statistics of the district wherein she 
resides and of each district wherein she engages in the practice of midwifery, 
within ten days after the issuance of such license and after any change in 
her address. 
§ 178. Application and qualifications. No license to practice midwifery 
shall be issued unless written application therefor, sworn to by the appli- 
cant has been made to the state commissioner of health in such form as he 
shall prescribe. Every applicant for a license to practice midwifery as 
hereinbefore provided must possess the following qualifications: 
(a) Be not less than twenty-one years of age; 
(b) Be able to read and write; provided that in cases of persons of foreign 
birth who have extended experience or in other exceptional circumstances 
this requirement may be waived by the state commissioner of health; 
* See §§ 18-c and 385, and Administrative Rules. 
1 Section heading inserted by editor. The. Licensing and Registration of Midwives 
63 
(e) Be clean and constantly show evidence, in general appearance and in 
her home, of habits of cleanliness; 
(d) (1) Possess a diploma from a school for midwives recognized by the 
state commissioner of health; 
(2) Present evidence satisfactory to the state commissioner of health of 
good moral character. Nothing contained in this section, as hereby amended, 
shall be deemed to prohibit the state commissioner of health from continuing 
or renewing the license of any person licensed by him prior to the time when 
this section as so amended takes effect. (Amended by L. 1932, ch. 198.) 
§ 179. [Duration of license.]1 Unless revoked every license to practice 
midwifery issued by the state commissioner of health shall permit the holder 
thereof to practice midwifery only during the current calendar year in which 
such license is issued, the term of said calendar year being from January 
first in any one year to December thirty-first next succeeding. 
§ 180. [Rules and regulations,]1 The state commissioner of health is 
hereby authorized and empowered to make such rules and regulations as the 
state commissioner of health may deem necessary and proper for the super- 
vision and regulation of the practice of midwifery within the state of New 
York. 
§ 181. [Revocation of license.]1 The state commisioner of health or his 
deputy may revoke the license to practice midwifery issued pursuant to the 
provisions of this article, for cause, after having given the midwife whose 
license is sought to be revoked, an opportunity to be heard. 
§ 182, [Failure to observe rules and regulations.]1 All midwives to whom 
licenses shall be issued pursuant to the provisions of this article, shall con- 
form to all rules and regulations of the state commissioner of health, the 
provisions of the sanitary code enacted by the public health council, the 
provisions of the public health law of the state of New York, the rules and 
regulations of any local board of health, and all lawful orders and direc- 
tions of the state department of health or any local board of health, or local 
health officer, and any violation on the part of any midwife of any of the 
rules and regulations of the state commissioner of health, the sanitary code 
as adopted by the public health council, the provisions of the public health 
law or the rules and regulations of any local board of health, or the dis- 
obedience of any lawful order of the state department of health or any 
local department of health or local health officer, shall be sufficient cause for 
the revocation of any license issued to a midwife and shall also be a sufficient 
cause for the withholding of any license to practice midwifery from any 
midwife so offending in any manner as aforesaid by the state commissioner 
of health. 
§ 183. [Practices forbidden.]1 A duly licensed and registered midwife may 
practice midwifery in cases of normal labor and in no others. No midwife 
shall in any ease of labor use instruments of any kind nor assist labor by 
any artificial, forcible or mechanical means, nor perform version nor attempt 
to remove adherent placentae nor administer, prescribe, advise or employ 
any poisonous or dangerous drug, herb or medicine nor attempt the treat- 
ment of disease except where the attendance of a physician cannot be speedily 
secured, and, in such cases, the midwife shall secure the attendance of a 
physician as soon as possible.* 
§ 184. [Reports.]1 The state commissioner of health is authorized to 
require of all local health officers a report as to the conduct of the several 
midwives who may be practicing within the jurisdiction of a local health 
• See Penal Law, § 482, subd. 3. 
i Section heading inserted by editor. 64 
The Public Health Law 
officer, and it shall be the duty of such local health officers to report truth- 
fully any and all matters pertaining to the conduct of any licensed and 
registered midwife practicing as such in the jurisdiction of any local health 
officer. All reports of such local health officers respecting the conduct of 
such midwives, and all reports of any employees of the state department of 
health relating to the conduct and deportment of midwives so licensed as 
provided for in this article, made in the course of and as part of the official 
duties of such employees of the state department of health, shall be deemed 
prima facie evidence of the facts detailed in said report, and further be 
deemed sufficient to justify the action of the state commissioner of health 
in refusing to issue any license to an applicant therefor, where the informa- 
tion as detailed in such reports of any local health officer or the reports of 
any employee of the state department of health respecting the conduct of 
any midwife in his judgment justifies the withholding of such a license to 
such an applicant. 
§ 185. [Licenses now existing]1 (Repealed by L. 1941, eh. 42.) 
§ 186. [Renewal of licenses.]1 Each application to renew a license to 
practice midwifery as heretofore provided, shall be deemed as a new appli- 
cation and shall be supported by the proof of all the qualifications required 
of midwives as hereinbefore set forth in this article, or as may be required 
by any rules and regulations of the state commissioner of health, adopted 
and promulgated pursuant to the provisions of this article, provided, how- 
ever, that the state commissioner of health may, in cases where his informa- 
tion with respect to the conduct of midwives satisfies the commissioner of 
health that a person holding a license is properly qualified and has con- 
formed to the provisions of the public health law, the public health council 
and the rules and regulations of the state department of health in the 
practice of midwifery, issue a new license to such person upon an applica- 
tion therefor, without demanding proof of all of the qualifications in this 
article prescribed or which may be prescribed by the rules and regulations 
of the state commissioner of health. 
§ 187. [Authority of deputy commissioner of health.]1 All the power and 
authority conferred upon the state commissioner of health, pursuant to the 
provisions of this article with respect to the licensing and registration of 
midwives, may be exercised by the deputy commissioner of health. 
§ 188. [Scope of article.]1 Every regulation in this chapter, unless other- 
wise specifically stated, shall take effect throughout the state of New York, 
except in the cities of New York and Rochester. 
ARTICLE IX 
Dental societies and practice of dentistry 
(Article repealed by L. 1927, ch. 85; now Article 49, Education Law. Copy 
of law may be obtained from State Department of Education, Albany, N. Y.) 
ARTICLE X 
Veterinary medicine and surgery 
(Article repealed by L. 1927, ch. 85; now Article 50, Education Law. Copy 
of law may be obtained from State Department of Education, Albany, N. Y.) 
1 Section heading inserted by editor. Embalming and Undertaking 
65 
ARTICLE XI 
Pharmacy 
(Article repealed by L. 1927, ch. 85; now Article 51, Education Law. Copy 
of law may be obtained from State Department of Education, Albany, N. Y.) 
ARTICLE XI-A 
Habit forming drugs 
(Article repealed by L. 1918, ch. 639. See herein Art, XXII of Public Health 
Law.) 
ARTICLE XII 
Registration of nurses and trained attendants 
(Article repealed by L. 1927, eh. 85; now Article 52, Education Law. Copy 
of law may be obtained from State Department of Education, Albany, N. Y.) 
ARTICLE XIII 
Chiropody 
(Article repealed by L. 1927, ch. 85; now Article 53, Education Law. Copy 
of law may be obtained from State Department of Education, Albany, N. Y.) 
ARTICLE XIV 
Embalming and undertaking* 
(Added by L. 1927, chs. 48 and 691) 
Section 290. Supervisor of embalming and undertaking. (Repealed.) 
291. Powers and duties; rules and regulations. 
292. Examination questions and appointments for examinations. 
293. Application for license and examination. 
294. Duty of state commissioner of health concerning issuance of 
licenses. 
295. Undertakers; examinations and licenses. 
295-a. Exceptions as to high school education. 
295-b. Apprenticeship; technical training; registration; fees. 
295-c. Inspection and approval of schools of embalming and under- 
taking; fees. 
296. Reciprocal licenses; license not assignable. 
297. Annual registration. 
298. Prohibited practice of embalming or undertaking without a 
license. 
298-a. Disposition of fees, fines and penalties. 
298-b. Refund of fees. 
299. Violations of article. 
§ 290. Supervisor of embalming and undertaking. (Repealed by L. 1944, 
ch. 298.) 
§ 291. Powers and duties; rules and regulations. The state commissioner 
of health shall ascertain what constitutes the best testsf for determining 
whether life is extinct, and shall prescribe the using of such tests, before 
embalming, as he may deem necessary; and all persons thereafter embalm- 
♦ See State Departments Law, § 341 ; Public Health Law, § 385 and Art. XIV-A. Article 
derived from L. 1898, ch. 555. Also see Penal Law, §§ 2210-2221. 
t See tests prescribed for signs of death, Administrative Rules. 66 
The Public Health Law 
ing the dead shall apply such tests prescribed before injecting any fluid into 
the body; and if the body is not to be embalmed the same tests shall be 
made before it is prepared for burial. The commissioner or his represen- 
tative may issue subpoenas and administer oaths to witnesses and take 
testimony concerning matters within the jurisdiction of the department. The 
commissioner shall, from time to time, make and adopt rules, regulations 
and by-laws not inconsistent with law, whereby the transaction of the 
business and the practice of embalming and undertaking shall be regulated 
and performed.f A certified copy of any of said rules and regulations, 
attested as true and correct by the commissioner, shall be presumptive evi- 
dence of the regular making, adoption and approval thereof. The com- 
missioner may investigate all alleged violations of the statutes relating to 
embalming and undertaking, and of all rules and regulations adopted as 
provided in this section. The commissioner may revoke or suspend any 
license of an undertaker or embalmer upon proof that the same was pro- 
cured by fraud or that the holder thereof has been convicted of a felony 
or has violated any of the provisions of the public health law, the general 
rules and regulations promulgated by the state commissioner of health, the 
sanitary code established by the public health council of the state of New 
York or of any statute relating to undertaking or embalming or vital statis- 
tics, which now is or may be enacted, promulgated or established. The com- 
missioner may also revoke or suspend such license upon proof that the 
holder thereof is incompetent to engage in the business of undertaking or 
embalming or has been guilty of misconduct in the conduct of such business. 
The action of the commissioner in revoking or suspending such license shall 
be reviewable by the court, by certiorari. (Amended by L. 1913, ch. 71, L. 
1917, ch. 230, L. 1920, ch. 839' L. 1927, ch. 48, L. 1929, ch. 370, and L. 1944, 
ch. 298.) 
§ 292. Examination questions and appointments for examinations. For the 
purpose of providing for and securing uniform examination throughout the 
state, and requiring a proper standard of qualification for all candidates, the 
state department of health shall prepare examination questions for the 
thorough examination of applicants for licenses as embalmers or undertakers, 
in accordance with the rules and regulations made, adopted and approved as 
hereinbefore prescribed. Said examination questions shall pertain to embalm- 
ing, sanitation, disinfection and such other subjects as the commissioner may 
require. For the purpose of examining applicants for license as embalmers 
or undertakers the said state department of health shall appoint the times 
and places for holding examinations, which examinations shall be held at 
least once in each six months. Such appointment shall be made with due 
regard to the convenience of applicants and the public service. Said state 
department of health shall also prescribe the mode and manner of such 
examinations and appoint the examiner to conduct the same. (Amended by 
L. 1927, chs. 48 and 691, L. 1929, ch. 370, and L. 1931, ch. 472.) 
§ 293. Application for license and examination. Every person desiring to 
engage in the business or practice of embalming, within the state of New 
York, shall be a citizen of the United States, twenty-one years of age or over, 
and shall make a written application to the state department of health for 
an examination for an embalmer’s license, accompanying the same with the 
application fee of five dollars, and with a certificate of two reputable persons, 
that said applicant is of good moral character, and has obtained a full high 
school education, or its equivalent, together with evidence satisfactory to the 
state commissioner of health that the applicant is a citizen of the United 
States, twenty-one years of age or over, and has served an apprenticeship of 
not less than two years or otherwise acquired necessary training and experi- 
f See Vital Statistics Law, Art. XX; and Sanitary Code, Embalming and Undertaking 
ence in embalming, whereupon the state commissioner of health shall issue 
to said applicant a permit to enter any examination held pursuant to the 
provisions of this article. At the close of every such examination, the permit 
and the questions submitted and the answers made thereto by the applicant 
shall he forthwith delivered, by the examiner conducting such examination, 
to the state department of health. The commissioner of health shall cause 
them to be examined and a record to be made stating in detail the result of 
the examination of each candidate. Such record shall embrace all the 
examination papers, questions and answers thereto, and shall be kept for a 
period of two years for reference and inspection among the public records of 
the state department of health and may be destroyed at the expiration of 
such period. (Amended by L. 1913, ch. 71, L. 1923, ch. 495, L. 1927, chs. 48 
and 691, L. 1929, ch. 370, and L. 1934, ch. 222.) 
§ 294. Duty of state commissioner of health concerning issuance of licenses. 
The state commissioner of health shall cause licenses to be issued under seal 
of the department to those applicants who shall, in his judgment, be duly 
qualified to practice embalming of human dead bodies in the state of New 
York, upon said applicant paying an examining and licensing fee of ten 
dollars. Said license, when issued, shall be recorded and such record shall 
be open to public inspection. (Amended by L. 1913, ch. 71, and L. 1927, chs. 
48 and 691.) 
§ 295. Undertakers; examinations and licenses. 1. When used in the public 
health law the term undertaker shall mean any person holding himself out 
to be an undertaker, mortician or funeral director. 
2. Any person desiring to engage in the business and practice of under- 
taking shall be a citizen of the United States, twenty-one years of age or 
over, and shall make a written application to the state commissioner of 
health for an undertaker’s license. The application shall be accompanied 
with the certificate of two reputable persons, not related to the applicant, 
that the applicant is of good moral character and has obtained a full high 
school education, or the equivalent, together with evidence satisfactory to 
the state commissioner of health that such applicant is a citizen of the 
United States, twenty-one years of age or over, and has served an appren- 
ticeship of not less than one year or otherwise acquired necessary training 
and experience in undertaking. The application shall also be accompanied 
with a fee of five dollars. The state commissioner of health shall issue to 
such applicant a permit to enter any examination for the license provided 
for in this subdivision. Upon the applicant’s passing a satisfactory examin- 
ation in sanitation, disinfection, preparation and care of human dead bodies 
for burial or transportation, and in the laws and health regulations applicable 
to the care, interment and cremation of the dead, and such other subjects 
as the commissioner may require, the commissioner shall issue to said appli- 
cant, on payment of a further fee of ten dollars, a license to engage in the 
business and practice of undertaking, 
3. No person shall conduct more than one place of business under such 
license. If an individual, firm or corporation shall desire to engage in the 
business or practice of undertaking such individual or if a firm at least one 
member thereof and the manager of each place of business conducted by a 
firm or corporation shall be a licensed undertaker; and no person whose 
duties engage him in the care, preparation, disposal and burial of dead 
human bodies shall discharge the duties of his employment unless he shall 
be licensed in accordance with the provisions of the article, except that 
unlicensed employees may assist a licensed person under his immediate per- 
sonal supervision and control. 
4. Notwithstanding the foregoing provisions of this section any person 
to whom the state commissioner of health pursuant to the provisions of section 68 
The Public Health Law 
two hundred and ninety-three has issued a license to practice embalming 
shall, upon application and upon payment of the licensing fee of ten dollars 
but without further examination, be granted a license to practice under- 
taking. (Added by L. 1917, ch. 230 which repealed former § 295; amended 
by L. 1920, ch. 839, L. 1927, chs. 48 and 691, L. 1929, ch. 370, L. 1931, ch. 472, 
and L. 1941, ch. 42.) 
§ 295-a. Exceptions as to high school education. (Repealed by L. 1941, 
ch. 42.) 
§ 295-b. Apprenticeship; technical training; registration; fees. The state 
commissioner of health shall determine what shall be deemed to constitute 
the necessary training and experience required by sections two hundred and 
ninety-three and two hundred and ninety-five of applicants for licenses for 
the practice of embalming and undertaking, whether acquired in a school of 
embalming and undertaking approved by such commissioner or in the course 
of an apprenticeship. Every unlicensed person entering upon an apprentice- 
ship with a licensed embalmer or undertaker for the purpose of acquiring 
training and experience with a view to later making application for admission 
to licensing examinations shall, as one of the conditions for admission to 
subsequent licensing examinations, immediately register as an apprentice 
with the state department of health upon a form to be provided by such 
department. There shall be paid to the department by each person entering 
upon an embalming or an embalming and undertaking apprenticeship a fee 
of six dollars and by each person entering upon an undertaking apprenticeship 
a fee of three dollars. During such an apprenticeship such apprentice shall 
keep such records of duties performed by him in the preparation of bodies 
for burial or otherwise as the state commissioner of health may require as 
evidence bearing upon his qualification for admission to licensing examina- 
tions. If such apprentice shall at any time sever his connection as an 
apprentice with the licensed person named in his registration and enter 
service as an apprentice with another licensed person, he shall immediately 
notify the state commissioner of health of such change. In the event of 
failure of an apprentice to register as required by this section, the state 
commissioner of health may, nevertheless, in his discretion, accept satisfactory 
evidence of completion of an apprenticeship when presented by an applicant 
for licensing examination upon the payment of the appropriate apprenticeship 
registration fee required by this section. (Added by L. 1931, ch. 472; amended 
by L. 1940, ch. 791.) 
§ 295-c. Inspection and approval of schools of embalming and undertaking; 
fees. Any school of embalming and undertaking may apply to the com- 
missioner for the issuance of a certificate of approval for apprenticeship 
credits so that it may admit students desiring to engage in the business or 
practice of embalming and/or undertaking in the state of New York. Such 
application shall be made upon a form prescribed and furnished by the com- 
missioner which shall contain such information as the commissioner may 
require. Before issuing such certificate, the commissioner shall cause to be 
made such investigation and inspection of such school as he may deem neces- 
sary. A certificate of approval issued under this section shall be valid for 
a fiscal year ending the thirtieth day of, June. The fee for such certificate 
for each such year or fraction thereof shall be twenty-five dollars which must 
be submitted with the application. In addition to the fee for such certificate 
or any renewal thereof, a school located outside the state of New York shall 
pay the traveling and other expenses incurred by representatives of the 
department in making the necessary investigation and inspection at such 
1e S' . c rr iur.issioner may prescribe. Each such certificate may be renewed 
lor additional periods of one year upon the payment of an annual renewal 
fee of twenty-five dollars, (Added by L. 1940, ch. 794.) Embalming and Undertaking 
69 
§ 296. Reciprocal licenses; license not assignable. Any holder of a license 
issued by a state authority in any other state maintaining a system and 
standard of examination for licenses to engage in the business of undertak- 
ing or of the practice of embalming which in the judgment of the state 
commissioner of health shall be substantially equivalent to those required 
in this state for the issue of licenses therefor, may obtain a license from 
the state department of health under the provisions of this article without 
examination, in the discretion of the state commissioner of health, upon pay- 
ment of the application and license fees provided for herein. A copy of 
any license issued by said commissioner or of any rules, regulations, applica- 
tion or other records or files of said department duly certified as correct 
by the state commissioner of health shall be entitled to be admitted in 
evidence in any of the courts of this state, and shall be presumptive evidence 
as to the facts therein contained. Every person licensed pursuant to the 
provisions of this article shall register that fact in the office of the board 
of health of the city, town, village, consolidated health district or county 
health district, in which it is proposed to carry on said business, and shall 
display such license in a conspicuous place in the office or place of business 
of such licensee. No license granted or issued by said commissioners shall 
be assignable, and every such license shall specify by name the person to 
whom it shall be issued, and not more than one person shall practice embalm- 
ing under one license. This section shall not apply to any personal repre- 
sentative of any deceased undertaker to whom a license shall have been 
issued under this article, who engages in the business of undertaking and 
embalming with a person duly authorized to practice the same under the 
provisions of this article. (Amended by L. 1913, ch. 71, L. 1927, eh. 48, and 
L. 1929, eh. 370.) 
§ 297, Annual registration. Every person now holding a license to practice 
either embalming or undertaking in the state of New York, and every person 
hereafter issued a license to practice either embalming or undertaking shall, 
on or before December first of each year, apply to the state department of 
health for a certificate of registration with the department. Such certificate 
of registration shall be conspicuously displayed with the original license in 
the place of business of the licensee. Blank forms shall be furnished by the 
department which shall be duly executed and returned to the department, 
together with a fee of two dollars for each licensee.* Every person, firm or 
corporation engaged in the practice of undertaking in the state of New 
York shall, on or before December first of each year, apply to the state 
department of health for a certificate of registration of each place of business 
which he or it conducts, such certificate of registration to be conspicuously 
displayed in each such place of business. Blank forms shall be furnished by 
the department which shall be duly executed and returned to the department 
together with a fee of one dollar for each such certificate of registration. 
The person, firm or corporation registering as required by this section 
shall furnish upon the application blank such information as the department 
may require, and when the commissioner of health shall so require shall duly 
execute and verify the same before an officer empowered to take acknowledg- 
ments of deeds and shall deliver the same to said department of health by 
mail or in person. 
Embalmers and undertakers shall communicate with the state department 
of health in the event that the application blank for registration or re-regis- 
tration fails to reach them. Failure to receive such applications will be no 
excuse for not registering or re-registering. Application blanks for registra- 
tion shall be mailed to embalmers and undertakers addressed to their last 
known addresses between September first and November fifteenth of each 
* So in original. [Should read “license.”] The Public Health Law 
70 
year and certificates of registration for the year will be issued beginning 
January first next. 
Any licensed embalmer or undertaker and any firm or corporation engaged 
in the practice of undertaking or embalming failing to register by December 
first of any year, as required by the provisions of this section, shall be 
required to pay for registration, in addition to the fee hereinbefore pre- 
scribed, a further fee of one dollar for each thirty days or part thereof, that 
he or it is in default; and any such licensed embalmer, undertaker, firm or 
corporation wilfully refusing or omitting to register hereunder and engaging 
in the practice of embalming or undertaking shall be subject to a civil penalty 
of one dollar for each day that such practice shall continue and if the same 
shall continue for more than thirty days the penalty thereafter shall be two 
dollars per day as long as the practice shall continue; said penalty shall be 
recoverable in an action by the attorney-general of the state maintained in 
the name of the people of the state of New York. 
Except that the state commissioner of health may suspend the license of a 
person, firm or corporation wilfully refusing or omitting ot* register here- 
under until such time as the penalties herein prescribed shall have been col- 
lected, the penalties provided in this section for failure, neglect or omission 
to register as required by the section shall be the only penalties that may be 
imposed therefor, and such penalties may for good cause shown, in the dis- 
cretion of the state commissioner of health, be remitted or compromised. 
(Added by L. 1929, ch. 370; amended by L. 1931, eh. 472.) 
§ 298. Prohibited practice of embalming or undertaking without a license. 
No person to whom a license has not been issued as prescribed by laws of 
eighteen hundred and ninety-eight, chapter five hundred and fifty-five, as 
amended, or who has not been licensed as herein specified, shall transact or 
practice or hold himself or herself out as transacting or practicing the busi- 
ness or practice of embalming or undertaking within this state, except that 
nothing in this article contained shall prohibit embalming by commissioned 
medical officers in the army or navy of the United States, or in the United 
States public health service while so commissioned, or any one actually 
serving as a member of the resident medical staff of any legally incorporated 
hospital, or any person duly licensed to practice as a physician or surgeon 
in this state. The name of no living person who has not been licensed as 
herein specified, shall be used alone, in, as part of, or in connection or together 
with the name or title of any person, firm, corporation or other form of 
enterprise engaged in embalming or undertaking or maintaining a mortuary, 
funeral home or other similar establishment and/or using in connection with 
their name and business, the words funeral director, mortician, undertaker, 
embalmer, or any other title or words of similar meaning and/or import, in 
such manner as to give or tend to give the impression that such person is 
licensed or practicing or entitled to practice as an embalmer or undertaker. 
(Amended by L. 1911, ch. 841, L. 1931, ch. 472, and L. 1934, ch. 270.) 
§ 298-a. Disposition of fees, fines and penalties. All fees, fines, penalties 
or other moneys derived from the operation of this article shall be paid 
to the state commissioner of health and on the fifth day of each month shall 
be paid by him to the state treasury. (Added by L. 1931, ch. 472; amended 
by L. 1937, ch. 37.) 
§ 298-b. Refund of fees. Moneys received pursuant to this article may be 
refunded to the applicant on proof satisfactory to the commissioner of 
health: (a) That such moneys were in excess of the amounts required by law. 
(b) That examination for which application has been made and for which 
fee has been paid was denied. 
* So In original. [Evidently should be “to.”] Practice of Funeral Directing 
71 
(c) That individual corporation or association which has applied for 
registration or license, has prior to the commencement of the period of such 
registration or license, ceased business because of death, dissolution or removal 
from the state. (Added by L. 1940, ch. 168.) 
§ 299. Violations of article. Any person who shall engage in the business 
or practice of embalming or undertaking in violation of any provisions of 
this article shall be liable to a penalty of one hundred dollars and shall also 
be guilty of a misdemeanor. Each day during which or any part of which 
any such prohibited business or practice is continued shall be deemed a 
separate violation. One or more penalties for one or more violations by the 
same person within any period of time may be sued for and recovered by 
the attorney-general in the name of the people of the state. (Added by L. 
1911, ch. 841; amended by L. 1917, ch. 230, and L. 1920, ch. 839.) 
ARTICLE XIV-A 
Practice of funeral directing, undertaking and embalming 
(Added by L. 1944, ch. 647.)* 
Section 299-a. Definitions. 
299-b. Powers and duties of the commissioner. 
299-c. Qualifications, examinations, exemptions and fees. 
Biennial registration. 
299-e. Funeral establishments. 
299-f. Revocation or suspension of license. 
299-g. Violations; prosecutions; penalties. 
299-h. Construction of article. 
299-i. Validity. 
299-j. Inconsistent provisions of other laws. 
§ 299-a. Definitions, As used in this article: 
1. “ Department ’ ’ means the health department of the state of New York. 
2. “Commissioner” means the commissioner of health. 
3. “Funeral director” means a person engaged in any of the following: 
a. In the care and disposal of the human dead; and/or 
b. In the practice of preserving, disinfecting and preparing by embalming 
or otherwise, the human dead for funeral services, transportation, burial or 
cremation; and/or 
c. In the practice of funeral directing or embalming as presently known, 
whether under these titles or designations or otherwise. 
4. “Undertaker” means a person to whom a valid license as such has 
been or may be duly issued. 
5. “Embalmer” means a person to whom a valid license as such has been 
or may be duly issued. 
6. “Funeral establishment” means every place or premises devoted to 
or used in the care and preparation for burial of human dead or maintained 
or held out to the public by advertising or otherwise as the office or place for 
the transaction of business by an undertaker or funeral director. 
7. “Burial” includes transportation and/or cremation. 
8. “Advertisement” means the publication, dissemination, circulation, or 
placing before the public, or causing directly or indirectly to be made, pub- 
lished, disseminated, or placed before the public, any announcement or state- 
ment in a newspaper, magazine, or other publication, or in the form of a 
book, notice, circular, pamphlet, letter, hand-bill, poster, bill, sign, placard, 
card, label or tag, or over any radio station. 
♦ £ee Art, XIV and Administrative Rules; also Penal Law, §§ 2210-2221. 72 
The Public Health Law 
9. “Apprentice” means a person who is engaged in learning to practice 
as an undertaker, embalmer, or funeral director as the case may be, under 
the personal supervision and instruction of a duly licensed undertaker, 
embalmer, or funeral director of and in the state of New York under the 
provisions of this chapter, and who is duly registered as such with the 
department. 
§ 299-b. Powers and duties of the commissioner. 1. The commissioner 
may make such rules not inconsistent with law as may be necessary in the 
performance of his duties and the administration of this article and to 
govern the conduct and practice of undertaking, embalming, and funeral 
directing, and shall ascertain what constitutes the best tests for determining 
whether life is extinct, and shall prescribe the using of such tests, as he may 
deem necessary; and all persons thereafter embalming the dead shall apply 
such tests prescribed before injecting any fluid into the body; and if the 
body is not to be embalmed the same tests shall be made before it is pre- 
pared for burial. A certified copy of any such rules and regulations, attested 
as true and correct by the commissioner, shall be presumptive evidence of 
the regular making, adoption and approval thereof. The commissioner shall 
have the power to compel the attendance of witnesses, to administer oaths, 
and to take testimony and proofs concerning all matters within the juris- 
diction of the department. 
2. The commissioner shall appoint such personnel as he may deem neces- 
sary, who, subject to the supervision, direction, and control of the com- 
missioner, shall exercise the powers and perform the duties of the department 
and advise the commissioner under this article. 
§ 299-e. Qualifications, examinations, exemptions and fees. 1. No person 
shall engage in the practice of undertaking, embalming or funeral directing 
unless duly licensed according to law, and registered under the provisions of 
article fourteen of this chapter, or unless he shall be licensed and registered 
as required by this article. 
Every person desiring to enter in the practice of undertaking, embalming, 
or funeral directing on and after April first, nineteen hundred forty-five, 
except as hereinafter provided, shall pass an examination to determine his 
knowledge and fitness therefor, as required by this article. 
The commissioner shall determine the subjects of examination and their 
scope, content and character, which in any examination shall be the same 
for all candidates. Examinations shall be held twice in each year. 
The department shall admit to examination any applicant who pays a fee 
of thirty dollars and submits evidence verified by oath and satisfactory to 
the department that: 
a. He is more than twenty-one years of age; 
b. He is a citizen of the United States; 
c. He is of good moral character; 
d. He has satisfactorily completed a four-year course of study in a sec- 
ondary school registered by the department of education as maintaining a 
satisfactory standard or the equivalent thereof as determined by the depart- 
ment of education prior to beginning his funeral director school study or 
practical training and experience, and 
e. He either has satisfactorily completed a course of study in a school 
for funeral directors approved by the department as maintaining a satis- 
factory standard and has had one year of practical training and experience 
in regular, steady, bona fide, full-time employment, under the personal super- 
vision and instruction of an undertaker and embalmer, or a funeral director, 
such training and experience to be in the state of New York and of a grade 
and character satisfactory to the department; or has had such practical 
training and experience of not less than two years; Practice of Funeral Directing 
73 
f. He has, upon entering a funeral director school or the employ of an 
undertaker and embalmer or of a funeral director for the purpose of begin- 
ning his funeral director school study or training and experience, registered 
as a student or apprentice with the department, upon a form to be provided 
by the department, and has paid to the department a registration fee of 
six dollars. 
The applicant and the employer shall maintain and file such periodic 
records and reports as the department shall require, and shall promptly 
notify the department of any change in school registration and/or change of 
employment. Delay in registering as required by this subdivision, may, in 
the discretion of the department, be excused, upon satisfactory explanation 
by the student including documentary proof of such school attendance or 
employment, but in no event shall any credit be given for practical training 
and experience in employment, more than six months prior to the date of 
such registration. 
When the applicant has successfully passed the examination, the depart- 
ment shall issue to said applicant a license to practice funeral directing. 
If a candidate fails on the first examination, he may have a second exam- 
ination within two years of such examination, without additional fee. 
2. The department may, in its discretion, upon the submission of evidence 
of qualifications as provided in this section and without examination, but 
otherwise subject to the qualifications for funeral director license prescribed 
in this article, and the rules of the department promulgated hereunder, 
including the payment of a fee of thirty dollars, endorse a license as a 
funeral director issued by the proper authorities of any other state or 
political subdivision of the United States maintaining a system and standard 
of qualification and examination for funeral director’s license, which in the 
judgment of the department shall be substantially equivalent to those 
required in this state, and which shall give similar recognition and endorse- 
ment to licenses of this state, to any citizen, provided that the applicant for 
such endorsement, since receiving such certificate, has been engaged in the 
practice of funeral directing for three years or more in one or more of the 
states or political subdivisions of the United States, and such applicant is 
actually so engaged at the time of application for endorsement, and is in 
good and regular standing as a funeral director in each state or political 
subdivision of the United States from which he has ever received a funeral 
director license. 
3. Until January first, nineteen hundred forty-seven the department shall 
hold examinations for undertaker and embalmer, in the manner provided 
by article fourteen of this chapter and the rules and regulations promul- 
gated thereunder and such re-examinations as may be necessary, thereafter. 
The department shall admit to such examination any person, who, at the 
time this article takes effect, shall be duly registered as an apprentice with 
the state department of health and shall otherwise be qualified in accordance 
with article fourteen of this chapter. The department shall issue an under- 
taker or embalmer license to those who shall so qualify and pass such an 
examination and said license shall entitle their holders to practice in accord- 
ance with the provisions and limitations of article fourteen of this chapter 
and under the provisions and limitations of this article. 
4. In case any person who is such a duly registered apprentice at the 
time this article takes effect, shall be in the armed forces of the United 
States and the completion of his training and experience shall have been 
interrupted by his service in the armed forces of the United States, he shall 
be permitted to resume his training and experience at any time within one 
year after the date of his discharge from service, and the department shall 
accordingly continue to hold such examinations for such candidates for 
undertaker and embalmer licenses and to issue such licenses as herein provided. 74 
The Public Health Law 
5. All fees, fines, penalties and other moneys derived from the operation 
of this article or rules shall be paid to the department and on the fifth 
day of each month shall be paid by the department to the state treasury. 
6. Nothing in this article shall prohibit embalming by commissioned medical 
officers in the armed forces of the United States, or in the United States 
public health service while so commissioned, or any one actually serving as 
member of the resident medical staff of any legally incorporated hospital, 
or any person duly licensed to practice as a physician or surgeon in this state. 
7. The department may, upon receipt of satisfactory evidence that a 
license certificate has been lost, mutilated, or destroyed, and upon such terms 
and conditions as the commissioner shall prescribe, and upon the payment 
of a fee of two dollars, issue a duplicate certificate. 
8. The department shall issue a certificate of approval to each school for 
funeral directors approved by the department as maintaining a satisfactory 
standard. The fee for such certificate for each year or fraction thereof 
shall be twenty-five dollars. In addition to the fee or any renewal thereof, 
a school located outside the state of New York shall pay the traveling and 
other expenses incurred by representatives of the department in making such 
investigation and inspection as the commissioner may prescribe. 
9. Following the close of every examination the questions submitted and 
the answers made thereto by the applicant together with a record stating 
in detail the result of the examination for each candidate, shall be kept by 
the department for a period of two years for reference and inspection, among 
the public records of the department. These may be destroyed at the end 
of such period. 
§ 299-d. Biennial registration. 1. Every person practicing as an under- 
taker, or embalmer, or funeral director, or who maintains within the state, 
a funeral establishment as herein defined shall biennially apply to the depart- 
ment for a certificate of registration and report under oath any facts 
requested by the department. An undertaker or embalmer shall pay to the 
department a biennial registration fee of four dollars; a funeral director 
shall pay a biennial registration fee of eight dollars; the owner of a funeral 
establishment shall pay a biennial registration fee of two dollars for the 
registration of each establishment. Upon verification of the statements thus 
reported and the receipt of the requisite fee, the commissioner shall issue 
a certificate of registration. The certificate of registration of the funeral 
establishment and the licenses required to be displayed in section two hun- 
dred ninety-nine-e together with their respective registration certificates, 
must be conspicuously displayed in the funeral establishment. These cer- 
tificates of registration shall all bear the date of January first of the year 
of issue, and shall expire on the thirty-first day of December of the second 
year following. Those persons being duly licensed to practice as under- 
takers, embalmers, or funeral directors during the second year of a biennial 
registration period shall pay a fee of two dollars for undertakers registra- 
tion, two dollars for embalmers registration and four dollars for funeral 
directors registration and the owner of a funeral establishment registered 
during the second year of any biennial registration period shall pay a 
registration fee of one dollar for the registration of such establishment and 
all of such registrations shall expire on the thirty-first day of the following 
December. 
2. For failure to register, an additional fee of one dollar for each delay 
of thirty days or part thereof, beyond the first day of January shall be 
added to the regular fee. The commissioner may, for good cause • shown, 
waive or compromise all or any part of this additional fee. The depart- 
ment shall, as soon as practical after the registration period, make a list 
of those persons to whom certificates of registration were issued during 
the previous two years to practice as undertaker, embalmer, or funeral Practice of Funeral Directing 
75 
director and registered establishments. Such list shall be distributed as the 
commissioner of health shall direct. 
3. If any undertaker, embalmer or funeral director continues to practice 
or any owner continues to operate and maintain a funeral establishment, 
without registration as herein provided, the license or registration may be 
suspended or revoked by the department in accordance with the provisions 
of this article. 
4. An undertaker, embalmer or funeral director who has been heretofore 
duly licensed and registered to practice in this state whose license shall not 
have been revoked or suspended in accordance with section two hundred 
ninety-nine-f, and who either before or after registration as required by this 
section shall have temporarily abandoned the practice of undertaking, embalm- 
ing or funeral directing, or shall have removed from the state, may register 
within the state upon complying with the provisions of this section for 
registration and also filing with the department his affidavit of such facts. 
§ 299-e. Funeral establishments. No funeral establishment shall be oper- 
ated within the state unless; 
a. if the owner is an individual, he shall be a duly licensed undertaker or 
funeral director; if the owner is a partnership hereafter organized and 
registered with the department, all partners shall be duly licensed under- 
takers or funeral directors; if the owner is a corporation, or is a partnership 
organized and registered with the department before the enactment of this 
law and having any unlicensed partners, or is the legal representative of a 
deceased undertaker or funeral director, the licensed manager registered 
with the department shall be a duly licensed undertaker or funeral director; 
b. the owner shall biennially register with the department in accordance 
with the provisions of section two hundred ninety-nine-d; 
c. the certificate of registration issued by the department to the establish- 
ment shall be conspicuously displayed; 
d. the licenses of the individual owner, the licensed partners, or the man- 
ager of the establishment in all cases where the establishment is not managed 
by a licensed individual owner or licensed partner, shall be conspicuously 
displayed; 
e. it shall be under the immediate and personal supervision, direction, 
management, and control of a licensed undertaker or funeral director, 
registered with the department, who shall not serve as the manager of more 
than one funeral establishment; and all undertaking, embalming and funeral 
directing shall be under the immediate and personal supervision, direction, 
management, and control of a duly licensed person; 
f. its maintenance and operation shall conform to the rules of the depart- 
ment. 
§ 299-f. Revocation or suspension of license. 1. The license of an under- 
taker, embalmer, or funeral director may be revoked or suspended, or such 
licensee may be reprimanded or otherwise disciplined in accordance with 
the provisions of this article, upon proof that he has violated any of the 
provisions of this article; or has been convicted of a crime; or lias been 
guilty of fraud, deceit or misrepresentation in his practice or in securing 
admission to practice; or is an habitual drunkard; or is addicted to the 
use of morphine, opium, cocaine or other drugs having a similar effect; or 
has practiced without biennial registration; or has employed, hired, procured 
or induced or otherwise aided or abetted any person not licensed or registered 
to practice or hold himself out as licensed, practicing, or entitled to practice 
as an undertaker, or embalmer, or funeral director; or has wrongfully trans- 
ferred or surrendered possession, either temporarily or permanently, of his 
license or certificate to any other person; or has paid, given, has caused to 76 
The Public Health Law 
be paid or given or offered to pay or to give to any person a commission or 
other valuable consideration for the solicitation or procurement, either 
directly or indirectly of funeral patronage; or has been guilty of fraudulent, 
misleading or deceptive advertising; or has practiced under a false name; 
or has falsely personated another licensee of a like or different name; or has 
violated any of the provisions of the public health law, the rules and regula- 
tions promulgated by the commissioner, or of any statute, code, rule or 
regulation relating to the practice of undertaking, embalming or funeral 
directing. 
The commissioner shall also have power, and after due notice and an 
opportunity to be heard, to revoke or suspend the endorsement of the funeral 
director’s license issued to any person pursuant to section two hundred 
ninety-nine-c upon evidence that the duly constituted authorities of any state 
or political subdivision of the United States have lawfully revoked or sus- 
pended the funeral director’s license issued to such person by such state or 
political subdivision. 
2. Any person, public officer, or association, or the department may for 
due cause, prefer charges hereunder against any licensee; such charges shall 
be in writing and verified under oath and shall be submitted to the depart- 
ment. The commissioner or any person or persons appointed by him for the 
purpose, may hold a preliminary hearing to determine whether a trial on 
the formal charges is necessary. The commissioner may dismiss the charges 
and take no action thereon, by formal hearing or otherwise, in his discretion, 
in the event that he or the person or persons thus appointed by him do not 
deem a formal hearing necessary, in which event the charges and the order 
dismissing the charges shall be filed with the department. If the commis- 
sioner or the person or persons thus appointed by him decide that the 
charges shall be heard, the commissioner shall designate an officer of the 
department to determine the charges and set a time and place for a hearing. 
A copy of the charges, together with notice of the time and place of the 
hearing, shall be served on the accused at least ten days before the date 
fixed for the hearing. Where personal service cannot be effected and such 
fact is certified on oath by any person duly authorized to make legal service, 
the department shall cause to be published twice in each of two successive 
weeks, a notice of the hearing in a newspaper published in the county in 
which the accused was last known to practice, and on or before the date 
of the first publication a copy of the charges and of such notice shall be 
mailed to the accused at his last known address. When publication of the 
notice is necessary, the date of the hearing shall be not less than ten days 
after the last date of publication of the notice. 
At the hearing the accused may appear personally and shall have the 
right of counsel and to cross examine witnesses against him and to produce 
evidence and witnesses in his defense. 
3. The commissioner and any person designated by him for this purpose, 
may issue subpoenas and administer oaths in connection with any hearing 
or investigation under this article, and it shall be the duty of the commis- 
sioner and any persons designated by him for such purpose, to issue sub- 
poenas at the request of and upon behalf of the defense. The commissioner 
and those designated by him shall not be bound by the laws of evidence in 
the conduct of its proceedings, but the determination shall be founded upon 
sufficient legal evidence to sustain it. The attorney-general may prefer 
charges, attend hearings, present the facts and take any and all proceedings 
in connection therewith. Upon the conclusion of the hearing the commissioner 
shall thereupon take such action upon such findings and determination as he 
deems proper and shall execute an order carrying such findings into effect. 
The action shall be revocation of the license of the accused, or suspension Practice of Funeral Directing 
77 
thereof for a fixed period, or reprimand, or other disciplinary action in 
accordance with this article, or a dismissal of the charges. 
Any person who shall practice as an undertaker, or embalmer, or funeral 
director, while his license is revoked or suspended shall be guilty of a mis- 
demeanor. The department may, in its discretion, reissue a license to any 
person whose license has been revoked. Application for the re-issuance of 
a license shall not be made prior to one year after revocation and shall be 
made in such manner as the department may direct. The commissioner in 
his discretion may direct a rehearing or take additional evidence, and may 
rescind or affirm the prior determination after such rehearing. An order of 
suspension made by the commissioner may contain such provisions as to 
reinstatement of the license as the commissioner shall direct. 
4. A person convicted of a felony shall forfeit his license to practice as an 
undertaker, embalmer, or funeral director, and upon presentation to the 
department of a certified copy of a court record showing that a practitioner 
of any of these has been convicted of felony, that fact shall be noted on 
the record of license, and the license shall be revoked, and the registration 
shall be cancelled. If such conviction be subsequently reversed upon appeal 
and the accused acquitted or discharged, his license shall become again 
operative from the date of such acquittal or discharge. 
5. The conviction of a felony aforementioned shall include the conviction 
of a felony by any court in this state or by any court of the United States 
or by any court of any other state of the United States, and in the event 
that a crime of which the licensee is convicted by any court of the United 
States or by any other state is not a felony in the jurisdiction in which the 
conviction is had but is a felony in the state of New York, then the con- 
viction shall be deemed a conviction of a felony for the purposes of this 
article. If a person convicted of a felony or crime deemed hereby to be 
a felony is subsequently pardoned by the governor of the state where such 
conviction was had, or by the president of the United States, the commis- 
sioner may, in his discretion, on application of such person, and on the 
submission to him of satisfactorj7- evidence, restore to such person the right 
to practice in this state. 
§ 299-g. Violations; prosecutions; penalties. 1. Any person who shall 
obtain or attempt to obtain or aid in obtaining any license under this 
article by any false or fraudulent statement or representation, or shall prac- 
tice or aid and abet in the practice of undertaker, embalmer, or funeral 
director, or shall hold himself out as licensed or able to practice or as 
practicing or entitled to practice without conformity to the requirements of 
this article, or who shall otherwise violate or neglect to comply with any 
of the provisions of this article, shall be guilty of a misdemeanor and shall, 
on conviction, for each and every offense be punished by a fine of not less 
than one hundred dollars nor more than five hundred dollars, or by imprison- 
ment for a term of not less than thirty days and not more than one year, 
or by both such fine and imprisonment, and for a second offense shall be 
punishable by both such fine and imprisonment. All courts of special sessions 
within their respective territorial jurisdictions are hereby empowered to 
hear, try and determine such crimes without indictment and to impose in 
full the punishments of fines and imprisonments herein prescribed. 
The display, publication or dissemination by any person of an advertise- 
ment, card, sign or any other representation bearing a name, designation 
or description as a practitioner of undertaking, embalming or funeral direct- 
ing, in any manner or by implication, shall be presumptive evidence of a hold- 
ing out of such practice by such person. 
The attorney-general of the state shall have the power to prosecute in 
any county of the state any violations of this article; such prosecution may 78 
The Public Health Law 
be instituted by him in his discretion or after complaint made to him by 
any person, provided, however, that nothing in this section shall be inter- 
preted to prevent or impede the prosecution of such proceedings by the 
district attorney of any county in which the offense is committed when 
such proceedings have been instituted by him. 
In any prosecution or hearing hereunder it shall be necessary to prove 
only a single act prohibited by law or a single holding out or attempt, 
without having to prove a general course of conduct, in order to constitute 
a violation. 
All violations of this article when reported to the department and duly 
substantiated by affidavits, or other satisfactory evidence, shall be inves- 
tigated and, if the report is found to be substantiated, the department shall 
report such violations to the attorney-general and request prompt prosecution. 
2. The attorney-general may maintain an action upon his own information 
or upon the complaint of any person against any person, partnership, cor- 
poration or association, and any employee, agent, director or officer thereof, 
who shall violate any of the provisions of this article. In such action the 
final judgment in favor of the plaintiff must perpetually restrain the defendant 
or defendants from the commission or continuance of the acts complained 
of. A temporary injunction to restrain the commission or continuance thereof 
may be granted upon proof, by affidavit, that the defendant has or defendants 
have violated any of the provisions of this article. The provisions of 
statute or rule relating generally to injunctions as provisional remedies in 
actions shall apply to such temporary injunction and the proceedings there- 
upon. The plaintiff in such action shall be entitled to an examination before 
trial of the defendant or defendants and of witnesses as to testimony that 
is material and necessary in such action. The action aforesaid shall be in 
addition to the above penal proceedings. 
§ 299-h. Construction of article. 1. A person who holds a license as an 
undertaker or embalmer, as defined herein, and is registered as required 
herein, shall be entitled to practice as defined and limited by the provisions 
of the law at the time the license was issued, except as otherwise provided 
by this article. 
2. A person who holds a license as an undertaker or funeral director and 
is registered as required herein may hold himself out and advertise as an 
undertaker, funeral director, or mortician. 
3. The name of no living person who has not been licensed as herein 
specified shall be shown or displayed upon or in any funeral establishment, 
or used alone, in, as part of, or in connection, association, combination, or 
together with the name or title of any person, firm, corporation or other 
form of enterprise engaged in undertaking, embalming, or funeral directing 
or maintaining a mortuary, funeral home or other similar establishment 
and/or using in connection with their name and practice, the words funeral 
director, mortician, undertaker, embalmer, or any other title or words of 
similar meaning and/or import on any card, sign, stationery, or other printed, 
engraved or written instrument or device or in any public or private announce- 
ment or advertisement, or in any manner as to give or tend to give the 
impression that such person is licensed or practising or entitled to practice 
as an undertaker, embalmer, or funeral director. 
§ 299-i. Validity. If any provisions of this article shall be adjudged 
unconstitutional or ineffective in whole or in part by a court of competent 
jurisdiction or the applicability thereof to any persons, groups or circum- 
stances is held invalid, then to the extent that it is not unconstitutional or 
ineffective such provision shall be in force or effect; nor shall such determina- 
tion _ be _ deemed to invalidate the remaining provisions hereof and the 
applicability thereof to other persons and circumstances. Sanitaey Conditions in Hotels 
§ 299-j. Inconsistent provisions of other laws. The provisions of this 
article shall supersede any inconsistent provisions of article fourteen of 
this chapter and of any general, special, or local law. 
ARTICLE XV 
Sanitary conditions in hotels 
(Added by L. 1913, ch. 630) 
(Formerly Article XX) 
(Article and sections renumbered by L. 1941, ch. 42) 
Section 300. Sewers and drainage. 
301. Bedding, sheets and towels, 
302. Violation a misdemeanor; enforcement. 
§ 300. Sewers and drainage. Every hotel in this state shall be well drained 
and ventilated and every hotel connected with a cesspool or located in any 
city or village having a sewer system shall be well ventilated, drained, plumbed 
and connected according to sanitary principles with such cesspool or sewer 
system, and shall be kept free from effluvia arising from sewer, drain, water- 
closet or other source within the control of the owner, manager, agent or 
other person in charge of said hotel. (Formerly section 354.) 
§ 301. Bedding, sheets and towels. Every hotel in this state shall furnish 
each guest with clean linen or cotton individual towels in each room occupied 
by such guest, and also in the public lavatories and washrooms of such hotel, 
and with clean sheets and pillow slips for the bed, bunk, or cot to be occupied 
by such guest.' Each sheet used shall be ninety-one inches long, minimum 
length after being hemmed and laundered, and of sufficient width to com- 
pletely cover the mattress and springs, and all sheets and pillow slips after 
being used by one guest must be washed, ironed and dried before being fur- 
nished to another guest. (Formerly section 355.) 
§ 302. Violation a misdemeanor; enforcement. All departments of health 
and the commissioner or commissioners thereof shall have power to enforce 
the provisions of this article. The commissioners of health and the respec- 
tive local boards of health and any person authorized by either of them 
so to do, may enter any hotel or any part thereof at any reasonable time 
to inspect and examine the same, to determine whether or not the laws 
relating to hotels are being complied with. Any hotel proprietor or man- 
ager violating any of the provisions of this article is guilty of a misde- 
meanor. This article shall not apply to cities having a population of one 
million inhabitants or over. (Formerly section 356.) 
ARTICLE XVI 
Preservation of life and health, cadavers for medical and surgical study 
Section 310. Vaccination of school children. 
311. Vaccination, how made; reports. 
312. Regulating the sanitary conditions of bathing establishments 
and the preservation of life at bathing places. 
313. Examination and quarantine of children admitted to institu- 
tions for orphan, destitute or vagrant children or juvenile 
delinquents. 
314. Monthly examination of inmates and reports. 80 
The Public Health Law 
315. Beds; ventilation. 
316. [Unclaimed cadavers; delivery to medical schools; autopsies 
upon; disposal of remains]. 
317. Cadavers in certain counties. 
318. Prescription of opium, morphine, cocaine and chloral. (Repealed.) 
318-a. Sale of hypodermic syringes and needles. (Repealed.) 
319. Consents requisite to the establishment of hospitals or camps 
for the treatment of pulmonary tuberculosis. 
320. Reports of tuberculosis by physicians and others. (Repealed.) 
320-a. Reports of children with impaired hearing by physicians and 
others. 
321. Examination of sputum. 
322. Protection of records. 
323. Disinfection of premises. 
324. Health officer to direct disinfection, cleansing or renovation. 
325. Prohibiting occupancy until order of health officer is complied 
with. 
326. Prohibiting carelessness of a person having tuberculosis. 
326-a. Control of dangerous and careless patients. 
327. Protection of patient’s family. 
328. Providing that physicians shall make a complete statement 
of procedure and precautions on a blank to be furnished 
by the health officer. (Repealed.) 
329. Penalty for failure of physician to perform duties or for 
making false reports. 
330. Reporting recovery of patient. 
331. General penalty. 
332. Application of provisions. 
333. Like privileges in hospitals to be granted to matriculated 
students of medical colleges. 
334. Iron stairways on outside of hospital, sanitarium and certain 
other buildings. 
334-a. Equipment of asylums, almshouses, hospitals, orphanages and 
schools with fire alarm boxes. 
§ 310. Vaccination of school children.* 1. A child or person not vacci- 
nated shall not be admitted or received into a school in a city having a 
population of fifty thousand or more inhabitants, according to the latest 
federal or state census or enumeration as from time to time made. The 
board, officers or other person having charge, management or control of such 
school shall cause this provision of law to be enforced. The board of health 
or other board, commission or officers of such city having jurisdiction of the 
enforcement of this chapter therein shall provide, at the expense of the city, 
for the vaccination of all pupils of such school whose parents or guardian 
do not provide vaccination for them, 
2. Whenever smallpox exists in any other city or school district, or in 
the vicinity thereof, and the state commissioner of health shall certify in 
writing to the school authorities in charge of any school or schools in such 
city or district, it shall become the duty of such school authorities to exclude 
from such schools every child or person who does not furnish a certificate 
from a duly licensed physician to the effect that he has successfully vacci- 
nated such child or person with vaccine virus in the usual manner or that 
such child or person shows evidence by scar of a successful previous vaecina- 
* See § 25; Education Law, § 276; Sanitary Code; Penal Law, §§ 1740, 1741. Preservation of Life and Health 
81 
tion. Whenever school authorities having the charge, management and con- 
trol of schools in a district or city cause this provision of law to be enforced, 
the local board of health shall provide for the vaccination of all children 
whose parents or guardian do not provide such vaccination. 
3. The expense incurred, when such vaccination is performed under the 
direction of the local health authorities, shall be a charge upon the munici- 
pality in which the child or person vaccinated resided, and shall be audited 
and paid in the same manner as other expenses incurred by such municipality 
are audited and paid. The local boards of health or other health authorities 
may, in their discretion, provide for the payment of additional compensation 
to health officers performing such vaccination. (Amended by L. 1915, ch. 
133, and L. 1929, ch. 140.) 
§ 311. Vaccination, how made; reports. 1, No person shall perform vac- 
cination for the prevention of smallpox who is not a regularly licensed 
physician under the laws of the state. Vaccination shall be preformed* in 
such manner only as shall be prescribed by the state commissioner of 
health.** 
2. No physician shall use vaccine virus for the prevention of smallpox unless 
such vaccine virus is produced under license issued by the United States 
public health service or under a certificate of approval issued by the state 
commissioner of health, and such vaccine virus shall then be used only within 
the period of time specified by the expiration date. 
3. Every physician performing a vaccination shall within ten days make a 
report to the local health officer upon a form furnished by the state com- 
missioner of health setting forth the full name, age and address of the 
person vaccinated, the date of vaccination, the name of the maker of the 
vaccine virus, the lot or batch number of such vaccine virus, the type of 
reaction found upon re-examination after a proper interval, whether such 
person had been previously successfully vaccinated or not and if possible 
the date of said previous successful vaccination. 
4. Every local health officer shall retain in the files and records of his office 
every report of a vaccination reported to him under the provisions of the 
preceding paragraph and shall report once in each month to the state depart- 
ment of health the number of vaccinations reported to him during the pre- 
ceding month, together with the number of those which were successful and 
the number unsuccessful. Such report shall be made in such manner as 
shall be prescribed by the state commissioner of health. (Amended by L. 
1915, eh. 133, L. 1924, ch. 25, L. 1925, ch. 368, L. 1929, ch. 140, and L. 1942, 
ch. 96.) 
§ 312. Regulating the sanitary conditions of bathing establishments and 
the preservation of life at bathing places. It shall be unlawful for any 
person to maintain, either as owner or lessee, any bathing establishment of 
any kind, in this state, for the accommodation of persons, for pay, or any 
consideration, at a point less than five hundred feet from any sewer con- 
nection emptying therein, or thereat, so as to pollute in any way, the waters 
used by those using or hiring bathing houses at such bathing establishments; 
it shall be the duty of such owner or lessee to provide separate toilet rooms, 
with waterclosets properly provided with sanitary plumbing, constructed in 
a manner approved by the local board of health and in such a way as not‘ 
to contaminate the waters used by the bathers; it shall also be the duty of 
such owner or lessee to thoroughly wash and disinfect, or cause to be thor- 
oughly washed and disinfected, in a manner approved by the local board 
of health, all bathing suits that have been hired or used, before re-hiring or 
permitting the use of the same again; it shall be the duty of every person 
* So in original. [Probably should read “performed.”] 
** See Administrative Rules, Approved Methods of Vaccination. 82 
The Public Health Law 
maintaining, as owner or lessee, any bathing establishment of any kind along 
the seashore of this state for the accommodation of persons for pay, to 
provide, for the safety of such bathers, two lines of sound, serviceable and 
strong manila or hemp rope, not less than one inch in diameter, anchored at 
some point above high water, at the same distance apart as the lines of 
bathing houses, or space fronting on such beach occupied by him or them, 
is in width; and from the two points at which such life-lines are so anchored, 
such lines shall be made to extend as far into the surf as bathing is ordinarily 
safe and free from danger of drowning to persons not expert in swimming, 
and at such points of safety, such lines shall be anchored and buoyed. From 
the two points of such lines so extended, anchored and buoyed, a third rope 
shall be extended, of a similar size, connecting the two extremities, and 
buoyed at such points as to be principally above the surface of the water, 
thereby inclosing a space within such lines and the beach within which 
bathing is believed to be safe; and in addition thereto, there shall be suf- 
ficient ropes of a similar size as herein described, anchored from a point at 
high-water mark and buoyed or anchored on a parallel line or within the outer 
cross rope, so as to have not more than a space of seventy-five feet from 
one rope to another; every such person or persons maintaining such bathing 
establishments, shall cause to be painted and put up in some prominent place 
upon the beach near such bathing houses the following words: “Bathing 
beyond the lines dangerous.” Such lines so placed, anchored and buoyed, 
and such notice so put up, shall continue and so be maintained by every 
such person or persons, during the entire season of surf bathing. Every such 
person or persons maintaining any such bathing establishment shall also 
keep and provide in connection therewith, for the facilitating of the rescue 
of persons in danger of drowning, a surf-boat, not less than sixteen feet 
long, on each side of which there shall be hanging ropes arranged so that 
persons in the water can easily catch hold of same, or be supported thereby, 
and such boats shall be equipped with two or more sets of oars and life-lines 
and life-belts, and at least one ring buoy or life preserver, with quarter-inch 
cotton line, not less than five hundred feet in length, with suitable reel 
attached thereto, and in addition thereto, there shall be anchored on the 
shore, a suitable reel with a half-inch cotton line not less than five hundi’ed 
feet in length, with a life-belt attached thereto, kept in good order and 
proper condition, so that it can readily be used by those assisting in saving 
life. At all such bathing establishments where there are equipments for two 
hundred bathers or more, said surf or life-boat shall be stationed in the 
water, opposite the lines,* manned and in readiness for use, during bathing 
hours; there shall also be at every public bathing establishment a bathing 
master or life-guard, who shall be an expert swimmer, and who shall be in 
constant and watchful attendance during bathing hours. Any person or 
persons violating any of the provisions of this section shall forfeit and 
pay a penalty of not less than fifty dollars, nor more than two hundred 
dollars to be recovered by the sheriff of the county in which such violation 
is committed, except in the city of New York, when the penalty shall be sued 
for in the name of the department of health of the city of New York and 
collected by it. It shall be the duty of the sheriffs and constables of the 
several counties of this state abutting upon the seashore, to see that in their 
respective counties the provisions of this section are enforced, and to bring 
suit for the recovery of the penalty therein provided, unless some other 
person had already brought suit for the same. A separate penalty may be 
recovered for each day that any person subject to the provisions of this 
section may violate any of the provisions of the same; but no penalty shall 
be recovered for any other violation thereof than shall have occurred during 
the days when the owner or lessee, or other person or persons, maintaining 
the said bathing establishments, shall have kept the same open for the use Preservation of Life and Health 
83 
of the public, or for such persons as may be the guests of any hotel that 
such bathing establishments may be connected with. The owner of a bathing 
house shall not be subject to the provisions of this section when it is used, 
occupied or maintained by a lessee for hire, but such lessee shall be deemed 
the keeper or proprietor or person or persons maintaining such bathing 
establishment thereof. Nothing in this section shall be construed in any 
way to affect any bathing establishments, in any city or municipality, or 
any bathing establishments or bathing beaches operated by a regional state 
park commission, at which there is maintained at public expense a life-saving 
guard. (Amended by L. 1942, ch. 456.) 
§ 313. Examination and quarantine of children admitted to institutions 
for orphan, destitute or vagrant children or juvenile delinquents.* Every 
institution in this state, incorporated for the express purpose of receiving 
or caring for orphan, vagrant or destitute children or juvenile delinquents, 
except hospitals, shall have attached thereto a regular physician of its selec- 
tion duly licensed under the laws of the state and in good professional 
standing, whose name and address shall be kept posted conspicuously within 
such institution near its main entrance. The words “juvenile delinquents” 
here used shall include all children whose commitment to an institution is 
authorized by the penal code. The officer of every such institution upon 
receiving a child therein, by commitment or otherwise, shall, before admitting 
it to contact with the other inmates, cause it to be examined by such physician, 
and a written certificate to be given by him, stating whether the child has 
diphtheria, scarlet fever, measles, whooping cough or any other contagious 
or infectious disease, especially of the eyes and skin, which might be com- 
municated to other inmates and specifying the physical and mental condition 
of the child, the presence of any indication of hereditary or other constitu- 
tional disease, and any deformity or abnormal condition found upon the 
examination to exist. No child shall be so admitted until such certificate 
shall have been furnished, which shall be filed with the commitment or other 
papers on record in the case, by the officers of the institution, who shall, 
on receiving such child, place it in strict quarantine thereafter from the 
other inmates, until discharged from such quarantine by such physician, who 
shall thereupon indorse upon the certificate the length of quarantine and the 
date of discharge therefrom. 
§ 314. Monthly examination of inmates and reports. Such physician shall 
at least once a month thoroughly examine and inspect the entire institution, 
and report in writing, in such form as may be approved by the state board 
of health, to the board of managers or directors of the institution, and to 
the local board of the district or place where the institution is situated, its 
condition, especially as to its plumbing, sinks, water-closets, urinals, privies, 
dormitories, the physical condition of the children, the existence of any con- 
tagious or infectious disease, particularly of the eyes or skin, their food, 
clothing and cleanliness, and whether the officers of the institution have 
provided proper and sufficient nurses, orderlies, and other attendants of 
proper capacity to attend to such children, to secure to them due and proper 
care and attention as to their personal cleanliness and health, with such 
recommendations for the improvement thereof as he may deem proper. Such 
boards of health shall immediately investigate any complaint against the 
management of the institution or of the existence of anything therein 
dangerous to life or health, and, if proven to be well founded, shall cause 
the evil to be remedied without delay. 
§ 315. Beds; ventilation. The beds in every dormitory in such institution 
shall be separated by a passageway of not less than two feet in width, and 
• See Art. II-A. The Public Health Law 
84 
so arranged that under each the air shall freely circulate and there shall 
be adequate ventilation of each bed, and such dormitory shall be furnished 
with such means of ventilation as the local board of health shall prescribe. 
In every dormitory six hundred cubic feet of air space shall be provided and 
allowed for each bed or occupant, and no more beds or occupants shall be 
permitted than are thus provided for, unless free and adequate means of 
ventilation exist approved by the local board of health, and a special permit 
in writing therefor be granted by such board, specifying the number of beds 
or cubic air space which shall, under special circumstances, be allowed, 
which permit shall be kept conspicuously posted in such dormitory. The 
physician of the institution shall immediately notify in writing the local 
board of health and the board of managers or directors of the institution 
of any violation of any provision of this section. 
§ 316. [Unclaimed cadavers; delivery to medical schools; autopsies upon; 
disposal of remains.]1 1. Dissection. The persons having lawful control and 
management of any hospital, prison, reformatory, asylum, almshouse, morgue 
or other receptacle for corpses not interred, and every undertaker or other 
person having in his lawful possession any such corpse for keeping or burial 
may deliver and he is required to deliver, under the conditions specified in 
this section, every such corpse in their or his possession, charge, custody or 
control, not placed therein by relatives in the usual manner for keeping or 
burial, to the medical colleges, schools or institutes registered by the regents 
of the university of the state of New York as maintaining a proper standard 
and universities of the state authorized by law to confer the degree of 
doctor of medicine and to all other colleges or schools incorporated under 
the laws of the state for the purpose of teaching medicine, anatomy or 
surgery to those on whom the degree of doctor of medicine has been con- 
ferred, and to any university of the state having a medical preparatory or 
medical post-graduate course of instruction. No corpse shall be so delivered 
or received in case the next of kin, within forty-eight hours after death, 
notifies the person or institution so delivering or receiving the same, that 
it is desired for interment, or of a person who shall have expressed a desire 
in his last illness that his body be interred; and in such cases the same shall 
be buried in the usual manner. Any person claiming any corpse or remains 
for interment as provided in this section, may be required by the persons, 
college, school, institute or university or officer or agent thereof, in whose 
possession, charge or custody the same may be, to present an affidavit stating 
that he is such relative and the facts and circumstances upon which the claim 
that he is such relative is based, and that the said relative assumes the cost 
of burial, the expense of which affidavit shall be paid by the persons requir- 
ing it. If such person shall refuse to make such affidavit, such corpse or 
remains shall not be delivered to him but he shall forfeit his claim and 
right to the same. Any such medical college, school, institute or university 
desiring to avail itself of the provisions of this section shall notify such 
persons having the control and management of the institutions and places 
heretofore specified, and such undertakers and other persons having any such 
corpse in their possession, custody or control in the county where such 
college, school, institute or university is situated, and in any other county 
in the state in which no medical college, school, institute or university is 
situated, or in which no such medical college, school, institute or university 
desires to avail itself of the provisions of this section, of such desire, and 
thereafter all such persons shall notify the proper officers of such college, 
school, institute or university whenever there is any corpse in their pos- 
session, custody or control, which may be delivered to a medical college, 
school, institute or university under this section, and shall deliver the same 
1 Section heading inserted by editor. Preservation of Life and Health 
85 
to such college, school, institute or university. If two or more medical colleges, 
schools, institutes or universities are entitled to receive corpses, under the 
provisions of this act and shall have given notice as aforesaid, they shall 
receive the same in proportion to the number of matriculated students in 
each college, school, institute or university who are pursuing courses of 
anatomy and surgery at the time of making the apportionment. The pro- 
fessors and teachers in every college, school, institute or university receiving 
any corpse under this section shall dispose of the remains thereof, after they 
have served the purposes of medical science and study in accordance with 
the regulations of the local board of health where the college, school, institute 
or university is situated. Every person neglecting to comply with or vio- 
lating any provision of this section, shall forfeit to the local board of health 
where such non-compliance or violation occurred, the sum of twenty-five 
dollars for every such non-compliance or violation, to be sued for by the 
health officer of such place, and when recovered to be paid over, less the 
costs and expenses of the action, to such board for its use and benefits. 
2. Autopsies. The person having lawful control and management of any 
hospital in which a patient has died may order the performance of an 
autopsy upon the corpse, unless objection is made to such autopsy by the next 
of kin within forty-eight hours after death. In case of unclaimed bodies, 
the aforementioned medical colleges, schools or universities shall have a 
priority claim to the bodies, for the purpose of teaching anatomy. 
3. Disposal of remains. In all cases in which an autopsy or dissection has 
been made of an unclaimed body, the provision of article one hundred and 
ninety-eight of the penal law requiring the burial of a dead body and pun- 
ishing interference with or injuries to it, shall apply equally to the remains 
of such body as soon as the lawful purposes of such autopsy or dissection 
have been accomplished, except that the persons having possession of the 
dead body may, in their discretion, cause it to be either buried or cremated, 
or may retain parts of such body for scientific purposes. (Amended by L. 
1913, ch. 335, L. 1925, eh. 369, and L. 1939, ch. 377.) 
§ 317. Cadavers in certain counties. The governors, keepers, wardens, 
managers, or persons having lawful control and management of any hospital, 
prison, almshouse, asylum, custodial institution, morgue or other receptacle 
for corpses not interred, in the counties of Oneida, Onondaga, Oswego, Madi- 
son and Cortland, and the warden of the Auburn state prison, in the county 
of Cayuga, and every undertaker or other person in the counties of Oneida, 
Onondaga, Oswego, Madison and Cortland, having in his lawful possession 
any such corpses for keeping or burial, may deliver, and they are hereby 
required to deliver, under the conditions specified in this section, every such 
corpse in their or his possession, charge, custody or control, not placed 
therein by relatives or friends in the usual manner for keeping or burial, 
to the medical colleges or schools in said counties of Oneida, Onondaga, 
Oswego, Madison and Cortland, authorized by law to confer either the degree 
of doctor of medicine, or the degree of doctor of dental surgery and to all 
other colleges or schools incorporated under the laws of the state in said 
counties for the purpose of teaching medicine, anatomy or surgery, and 
to any university in either of said counties having a medical preparatory 
course of instruction, and the professors and teachers in every such college, 
school or university may receive such corpses and use the same for the 
purposes of medical, anatomical or surgical science and study. No such 
corpse shall be so delivered if within forty-eight hours after death, it is 
desired for interment by relatives, or by friends, who will bear the expenses 
of its interment; nor shall a corpse be so delivered or received of any person 
known to have relatives, whose places of residences are also known, without 
the assent of such relatives; and such relatives shall be deemed to have 
assented thereto, unless they shall claim such corpse for the interment within 86 
The Public Health Law 
twenty-four hours after being notified of the death of such person. If the 
remains of any person so delivered or received shall be subsequently claimed 
for interment by any relative or by any friend who will bear the expense of 
such interment, they shall be given up to such relative or friend for interment. 
Any person claiming any corpse or remains for interment, as provided in 
this section, may be required by the persons, college, school, university or 
officer or agent thereof, in whose possession, charge or custody the same 
may be, to present an affidavit stating that he is such relative or friend, and 
the facts and circumstances upon which the claim that he is such relative 
or friend is based, and, if a friend, that he will bear the expense of such 
interment, the expense of which affidavit shall be paid by the person requir- 
ing it. If such person shall refuse to make such affidavit, such corpse or 
remains shall not be delivered to him, but he shall forfeit his claim and 
right to the same. Any such college, school or university in either of said 
counties desiring to avail itself of the provisions of this section shall notify 
said governors, keepers, wardens, managers, undertakers and other persons 
hereinbefore specified in the county where said college, school or university 
is situated, or in any of said adjoining counties, in which no such college, 
school or university is situated, of such desire, and thereafter it shall be 
obligatory upon such governors, keepers, wardens, managers, undertakers 
and other persons hereinbefore specified, to immediately notify the proper 
officer or officers of said college, school or university, whenever there is any 
corpse in their possession, charge, custody or control, which may be delivered 
to a medical college, school or university under this section, and to deliver 
the same to such college, school or university. It shall be the duty of such 
governors, keepers, wardens, managers and persons having lawful control 
and management of the institutions hereinbefore mentioned, after being duly 
notified by any college, school or university of its desire to avail itself of the 
provisions of this section, to keep, if requested so to do by such college, 
school or university, and if provided by such medical college, school or uni- 
versity with a suitable book for that purpose, a true and correct record of 
any and all corpses thereafter coming into their possession, charge, custody 
or control, and of the disposition made of the same, giving the names of such 
corpses, if known; the dates of death and burial, if known; the names and 
places of residence, if known, of the relatives of such corpses; the names 
of the persons by whom such corpses are claimed for interment and the 
names of the colleges, schools, universities or persons, to whom the same are 
delivered, and the dates of such deliveries; which said books shall be open 
to the inspection of the officers and agents of such college, school or uni- 
versity furnishing the same and to the officers and agents of any other medical 
college, school or university entitled to receive corpses from the same county. 
If two or more colleges, schools or universities located in any one of said 
counties are entitled to receive corpses from the same or from said adjoin- 
ing counties, they shall receive the same in proportion to the number of 
matriculated students in each college. The professors and teachers in every 
college, school or university receiving any corpse under this section, shall 
dispose of the remains thereof, after they have served the purposes of 
medical, anatomical or surgical science and study, in accordance with the 
regulations of the local board of health where the college, school or university 
is situated. Any person neglecting to comply with or violating any pro- 
vision of this section, shall forfeit and pay a penalty of twenty-five dollars 
for each and every such noncomplianee or violation thereof, and it shall be 
the duty of the health officer, or person performing his duties, in the places 
where said medical colleges, schools or universities are situated, whenever 
he shall have knowledge or information of any non-compliance with, or 
violation of, any provision, or provisions, of this section, to sue for and 
recover, in his name of office, the aforesaid penalty, and to pay over the Preservation of Life and Health 
87 
amount so recovered, less the cost and expenses of the action, to the health 
board of said locality, for its use and benefit. (Amended by L. 1922, ch. 387.) 
§ 318. Prescription of opium, morphine, cocaine and chloral. (Repealed by 
L. 1910, ch. 422.) 
318-a. Sale of hypodermic syringes and needles. (Repealed by L. 1940, 
ch. 415.) 
§ 319. Consents requisite to the establishment of hospitals or camps for 
the treatment of pulmonary tuberculosis.* A hospital, camp or other estab- 
lishment for the treatment of patients suffering from the disease known as 
pulmonary tuberculosis, shall not be established in any town by any person, 
association, corporation or municipality except when authorized as provided 
by this section. The person, association, corporation or municipality pro- 
posing to establish such a hospital, camp or other establishment shall file 
with the state commissioner of health a petition describing the character 
thereof, stating the county and town in which it is to be located and describ- 
ing the site in such town for such proposed hospital, camp or other estab- 
lishment, and requesting the commissioner to fix a date and place for a 
hearing on such petition before the state commissioner of health and the 
local health officer, who shall constitute a board to approve or disapprove 
the establishment of such hospital, camp or other establishment in accord- 
ance with such petition. The state commissioner of health shall fix a date 
and place for a hearing on such petition, which date shall be not less than 
thirty nor more than forty days after the receipt thereof. A notice of such 
hearing specifying the date and place thereof and briefly describing the pro- 
posed site for such hospital, camp or other establishment shall be mailed 
to the person, association, corporation or municipality proposing to estab- 
lish the same and to the health officer and each member of the board of 
health of the town in which ft is proposed to establish such hospital, camp 
or other establishment at least twenty days before the hearing, and also 
published twice in a local newspaper of the town, or if there is no such paper 
published therein, then in the newspapers of the county designated in pur- 
suance of law to publish the concurrent resolutions. At the time and place 
fixed for such hearing the state commissioner of health, or his deputy when 
designated by the commissioner, and the local health officer shall hear the 
petitioner and any person who desires to be heard in reference to the location 
of such hospital, camp or other establishment, and they shall within thirty 
days after the hearing, if they are able to agree, approve or disapprove of the 
location thereof and shall notify the person, association, corporation or 
municipality of their determination. At any time after the filing of such 
petition the state commissioner of health, on the written request of the 
person, association, corporation or municipality filing such petition, may 
modify the description of such proposed site as stated in such petition by 
omitting therefrom any portion of the site so described which ha shall deter- 
mine to be unnecessary for the purposes of such hospital, camp or other 
establishment. The state commissioner of health shall within thirty days 
after such determination to modify such description notify the petitioner 
thereof in writing. The determination of the state commissioner of health, 
or his deputy as the case may be, and the local health officer shall be final 
and conclusive; but if within thirty days after the hearing they are unable 
to agree, they shall within such thirty days notify the person, association, 
corporation or municipality proposing to establish such hospital, camp or 
other establishment that they are unable to agree. Within ten days after 
the receipt of such notice, such person, association, corporation or munici- 
♦ See County Law, §§ 45-49f ; General City Law, § 141; and Public Welfare Law, § 86. 
Compilation of tuberculosis laws Is issued in pamphlet form. 88 
The Public Health Law 
pality may file in the office of the state commissioner of health a request 
that the petition be referred to a board consisting of the lieutenant-governor, 
the speaker of the assembly and the state commissioner of health. Such 
officers shall approve or disapprove of the proposed location of such hospital, 
camp or other establishment after a hearing of which notice shall be mailed 
to the person, association, corporation or municipality proposing to establish 
the same and to the health officer and to each member of the local board of 
health of the town, or without a hearing, upon the evidence, papers and docu- 
ments filed with the state commissioner of health or that may be submitted 
to them, as the board shall determine. They shall make their determination 
within thirty days after the request for such submission has been filed in 
the office of the state commissioner of health and cause a copy thereof to 
be mailed to the person, association, corporation or municipality proposing 
to establish such hospital, camp or other establishment and to the health 
officer of the town in which it is proposed to establish the same. Such 
determination shall be final and conclusive. (Amended by L, 1916, eh. 291, 
L. 1919, ch. 421, L. 1923, ch. 510, and L. 1926, ch. 186.) 
§ 320. Reports of tuberculosis by physicians and others. (Repealed by L. 
1936, ch. 237.) 
§ 320-a. Reports of children with impaired hearing by physicians and others. 
It shall be the duty of every attending or consulting physician, nurse, parent 
or guardian having charge of any minor under six years of age who is totally 
deaf or whose hearing is impaired to report at once by telephone or in person 
or in writing the name, age and residence of such minor to the state commis- 
sioner of health and to furnish such additional information as the com- 
missioner shall require. If the commissioner, after investigation, finds that 
such minor is not receiving adequate care and treatment, he shall report the 
facts relative to such minor to the appropriate welfare or other official or 
agency which may provide care and treatment. If the case of such minor 
is referred to a welfare officer, when he has approved the provision of such 
medical or surgical care and treatment as is needed and which the parent is 
unable to provide, the cost thereof shall be a charge against the local public 
welfare district. The state commissioner of health shall in each instance 
notify the state commissioner of education of his disposition of the case, 
and the name of the official or agency to which referred. The commissioner 
of education, when in his judgment it is desirable, shall communicate to the 
parent, guardian, official or agency the location of the resident schools for 
the deaf and also the nearest public school having special classes and also 
instruction for the hard of hearing with information concerning the advan- 
tages offered by the school and the benefits to accrue to the child from 
attendance at such school, classes or instruction. (Added by L. 1936, ch. 856.) 
§ 321, Examination of sputum. It shall be the duty of every health officer 
of a city, town or village, when so requested by any physician, or by 
authorities of any hospital or dispensary, to make or cause to be made a 
microscopical examination of the sputum forwarded to him as that of a 
person having symptoms of tuberculosis, which shall be forwarded to such 
officer accompanied by a blank giving name, age, sex, color, occupation, place 
where last employed if known, and address of the person whose spuhun it 
is. It shall be the duty of said health officer promptly to make a report 
of the results of such examination, free of charge, to the physician or person 
upon whose application the same is made. 
§ 322. Protection of records. It shall be the duty of every health officer 
of a city, town or village to cause all reports made pursuant to law con- 
cerning persons having tuberculosis, and also all results of examinations, Preservation of Life and Health 
89 
showing the presence of the bacilli of tuberculosis, made in accordance 
with the provisions of section three hundred and twenty-one, to be recorded 
in a register, of which he shall be the custodian. Such register shall not 
be open to inspection by any person other than the health authorities of 
the state and of the said city, town or village, and said health authorities 
shall not permit any such report or record to be divulged so as to disclose 
the identity of the person to whom it relates, except as may be authorized 
in the sanitary code. (Amended by L. 1913, ch. 559, and L. 1941, ch. 42.) 
§ 323. Disinfection of premises.* In case of the vacation of any apart- 
ment or premises by the death or removal therefrom of a person having 
tuberculosis, it shall be the duty of the attending physician, or if there be 
no such physician, or if such physician be absent, of the owner, lessee, 
occupant, or other person having charge of the said apartments or premises, 
to notify the health officer of said city, town or village, of said death or 
removal within twenty-four hours thereafter, and such apartments or premises 
so vacated shall not again be occupied until duly disinfected, cleansed or 
renovated as hereinafter provided. 
§ 324. Health officer to direct disinfection, cleansing or renovation.* When 
notified of the vacation of any apartments or premises as provided in section 
three hundred and twenty-three thereof, the local health officer or one of 
his assistants or deputies, shall within twenty-four hours thereafter visit 
said apartments or premises and shall order and direct that, except for 
purposes of cleansing or disinfection, no infected article shall be removed 
therefrom until properly and suitably cleansed or disinfected, and all apart- 
ments or premises shall be disinfected, cleansed or renovated in order that 
they may be rendered safe and suitable for occupancy as prescribed by the 
sanitary code. If the health authorities determine that disinfection is 
sufficient to render them safe and suitable for occupancy, such apartments 
or premises together with all infected articles therein, shall immediately be 
disinfected by the health authorities at public expense, or provided, however, 
that in any locality which in the judgment of the state commissioner of 
health may be considered a resort for persons having tuberculosis, such 
disinfection may in the discretion of the health authorities be done by such 
health authorities at the expense of the owner of the premises. Should the 
health authorities determine that such apartments or premises are in need 
of thorough cleansing and renovation, a notice in writing to this effect shall 
be served upon the owner or agent of said apartments or premises, and said 
owner or agent shall thereupon proceed to the cleansing or renovating of 
such apartments or premises in accordance with the instructions of the 
health authorities, and such cleansing and renovation shall be done at the 
expense of said owner or agent. The public health council shall include in 
the sanitary code regulations defining the methods and precautions to be 
observed in disinfecting, cleansing, or renovating premises under the pro- 
visions of this section.* In any case in which the owner is liable for the 
expense of such disinfection, cleansing or renovation by or pursuant to the 
provisions of this section, such expense if not paid shall be a first lien upon 
such property, real or personal, so disinfected, cleansed or renovated, having 
preference over all other liens and incumbrances whatever. If the lien is 
against real property, it may be foreclosed in the manner prescribed in 
section thirty-two of the public health law; if the lien is against personal 
property it may be foreclosed in the manner prescribed in sections two 
hundred and six to two hundred and nine, inclusive, of the lien law. 
(Amended by L. 1909, ch. 240, L. 1910, ch. 427, and L. 1913, ch. 559.) 
§ 325. Prohibiting occupancy until order of health officer is complied with. 
In case the orders or directions of the local health officer requiring the 
* See § 25 and Sanitary Code. The Public Health Law 
90 
disinfection, cleansing or renovation of any apartments or premises or any 
articles therein as hereinbefore provided, shall not be complied with Avithin 
forty-eight hours after such orders or directions shall be given, the health 
officer may cause a placard in words and form substantially as follows to 
be placed uport the door of the infected apartments or premises: 
‘ ‘ Tuberculosis is a communicable disease. These apartments have been 
occupied by a consumptive and may be infected. They must not be occupied 
until the order of the health officer directing their disinfection or renova- 
tion has been complied with. This notice must not be removed under the 
penalty of the law except by the health officer or other duly authorized 
official. ’ ’ 
§ 326. Prohibiting carelessness of a person having tuberculosis. Any per- 
son having tuberculosis who shall dispose of his sputum, saliva or other 
bodily secretion or excretion so as to cause offense or danger to any person 
or persons occupying the same room or apartment, house, or part of a house, 
shall on complaint of any person or persons subjected to such offense or 
danger, be deemed guilty of a nuisance and any persons subjected to such 
a nuisance may make complaint in person or writing to the health officer 
of any city, town, or village where the nuisance complained of is committed. 
And it shall be the duty of the local health officer receiAung such complaint 
to investigate and if it appears that the nuisance complained of is such as 
to cause offense or danger to any person occupying the same room, apart- 
ment, house or part of a house, he shall serve a notice upon the person so 
complained of, reciting the alleged cause of offense or danger and requiring 
him to dispose of his sputum, saliva or other bodily secretion or excretion 
in such a manner as to remove all reasonable cause of offense or danger. Any 
person failing or refusing to comply with orders or regulations of the local 
health officer of any city, toAvn or village, requiring him to cease to commit 
such nuisance, shall be deemed guilty of a misdemeanor and on conviction 
thereof shall be fined not more than ten dollars. 
§ 326-a. Control of dangerous and careless patients. Whenever a com- 
plaint shall be made by a physician to a health officer that any person is 
afflicted with an infectious, contagious or communicable disease or is a 
carrier* of typhoid tuberculosis, diphtheria or other infectious disease 
and is unable or unwilling to conduct himself and to live in such a manner 
as not to expose members of his family or household or other persons with 
Avhom he may be associated to danger of infection, the health officer shall 
forthwith investigate the circumstances alleged. If he shall find that any 
such person is a menace to others, he shall lodge a complaint against such 
person with a magistrate, and on such complaint the said person shall be 
brought before such magistrate.! The magistrate after due notice and a 
hearing, if satisfied that the complaint of the health officer is Avell founded 
and that the person is a source of danger to others, may commit him to a 
county hospital for tuberculosis or to any other hospital or institution 
established for the care of persons suffering from any such disease or 
maintaining a room, ward or Avards for such persons. Such person shall be 
deemed to be committed until discharged in the manner authorized in this 
section. In making such commitment the magistrate shall make such order 
for payment for the care and maintenance of such person as he may deem 
proper. The chief medical officer of the hospital or other institution to 
Avhich any such person has been committed, upon signing and placing among 
the permanent records of such hospital or institution a statement to the 
effect that such person has obeyed the rules and regulations of such hospital 
or institution for a period of not less than sixty days, and that in his 
♦ See § 36-a; Art. XAHI-B; Sanitary Code; and Mental Hygiene Law, § § 78. 79. 
f See Peijal Law, § 1756. Preservation of Life and Health 
91 
judgment such person may be discharged without danger to the health or 
life of others, or for any other reason stated in full which he may deem 
adequate and sufficient, may discharge the person so committed. He shall 
report each such discharge together with a full statement -of the reasons 
therefor at once to the health officer of the city, village or town from which 
the patient came and at the next meeting of the board of managers or 
other controlling authority of such hospital or institution. Every person 
committed under the provisions of this section shall observe all the rules 
and regulations of such hospital or institution. Any patient so committed 
who neglects or refuses to obey the rules or regulations of the institution 
may by direction of the chief medical officer of the institution be placed 
apart from the other patients and restrained from leaving the institution. 
Any such patient who wilfully violates the rules and regulations of the 
institution or repeatedly conducts himself in a disorderly manner may be 
taken before a magistrate by the order of the chief medical officer of the 
institution. The chief medical officer may enter a complaint against such 
person for disorderly conduct and the magistrate, after a hearing and upon 
due evidence of such disorderly conduct, may commit such person for a period 
not to exceed six months to any institution to which persons convicted of 
disorderly conduct or vagrancy or of being tramps may be committed, and 
such institution shall keep such person separate and apart from the other 
inmates, provided that nothing in this section shall be construed to prohibit 
any person committed to any institution under its provisions from appealing 
to any court having jurisdiction, for a review of the evidence on which 
commitment was made. (Added by L. 1913, ch. 559.) 
§ 327. Protection of patient’s family. It shall be the duty of a physician 
attending a patient having tuberculosis to take all proper precautions and 
to give proper instructions to provide for the safety of all individuals occupy- 
ing the same house or apartment, and if no physician be attending such patient 
this duty shall devolve upon the local health officer, and all duties imposed 
upon physicians by any sections of this article shall be performed by the 
local health officer in all eases of tuberculosis not attended by a physician, 
or when the physician fails to perform the duties herein specified, and shall 
so report. 
§ 328. Providing that physicians shall make a complete statement of pro- 
cedure and precautions on a blank to be furnished by the health officer. 
(Repealed by L. 1939, ch, 231.) 
§ 329. Penalty for failure of physician to perform duties or for making 
false reports. Any physician or person practicing as a physician who shall 
willfully make any false statement concerning the name, ago, sex, color, 
occupation, place where last employed if known, or address of any person 
reported as affected with tuberculosis, or who shall certify falsely as to any 
of the precautions taken to prevent the spread of infection, shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be subject to a fine 
of not more than one hundred dollars. (Amended by L. 1913, ch, 559.) 
§ 330. Reporting recovery of patient. Upon the recovery of any person 
having tuberculosis, it shall be the duty of the attending physician to make 
a report of this fact to the local health officer, who shall record the same 
in the records of his office, and shall relieve said person from further liability 
to any requirements imposed by this article. 
§ 331. General penalty. Any person violating any of the provisions of 
sections three hundred and twenty* to three hundred and thirty, both inclusive, 
of this article, shall be deemed guilty of a misdemeanor and upon conviction 
• So in original. [Should read twenty-a as twenty was repealed.] The Public Health Law 
92 
thereof shall be punished, except as in this article otherwise provided, by a 
fine of not less than five dollars nor more than fifty dollars. 
§ 332. Application of provisions. No portion of section three hundred and 
twenty* to three hundred and thirty-one, both inclusive, shall apply to the 
city of New York, nor shall the passage of said sections modify or repeal 
any of the provisions of the charter of the city of New York, or any rule 
or regulation issued by the department of health of said New York city, 
(Amended by L. 1909, ch. 240.) 
§ 333. Like privileges in hospitals to be granted to matriculated students 
of medical colleges. Whenever the managers, governors, or person or persons 
having lawful control and management over any public hospital in any city 
or county in this irtate, shall grant to matriculated students of any legally 
incorporated medical college in said city or county, privileges of admission 
to such hospital for hearing clinics or lectures, or receiving medical or 
surgical instruction therein, the like privileges and advantages shall be 
granted to the matriculated students in each and all legally incorporated 
medical colleges in said city and county who may desire the same, without 
distinction or preference, and upon equal terms and conditions as to all. 
Nothing in this section shall prevent the managers of hospitals from limiting 
the attendance of students in such hospitals to a number compatible with 
the welfare of patients. But in such limitation they shall receive students 
from such legally incorporated medical colleges applying for such admission 
in proportion to the number of students in attendance upon such college. 
§ 334. Iron stairways on outside of hospital, sanitarium and certain other 
buildings. All hospital buildings used for general hospital purposes, or hos- 
pitals as asylums for the insane, or any hospital buildings or buildings main- 
tained, operated or used for the purpose of a sanatorium or a sanitarium, 
or for boarding or lodging house purposes where three or more persons suffer- 
ing from or afflicted with or convalescing from any disease or ailment are 
habitually kept, boarded or housed for hire, which are more than two stories 
high, other than those which are fireproof in their construction, shall have 
properly constructed iron stairways on the outside thereof, with suitable 
doorways leading thereto from each story above the first. It shall be the 
duty of the trustees, managers, owners, proprietors and lessees of such 
buildings to cause such stairways to be constructed and maintained. If the 
trustees, managers, owners, proprietors and lessees of any of the buildings 
herein described, except those owned and maintained by a city, a county or 
the state, shall fail to provide such stairways after this section as hereby 
amended takes effect, then the local authorities shall proceed to erect such 
stairways and the cost thereof may be recovered by an action at law from 
the trustees, managers, owners, proprietors or lessees of such buildings. 
The district attorney of each county is hereby charged with the execution 
of this statute, except in the case of buildings erected or maintained by the 
state, city or by a county. 
The provisions of this section shall not apply to any of the buildings above 
described in any of the cities or counties of this state, which the fire depart- 
ment of said city or where situated outside of a city the district attorney 
of the county shall certify in writing to be fireproof to an extent which will 
not require the appliances and fixtures provided for in this section. The 
certificate exempting such buildings from the operation of this section shall 
be filed during the month of January in each year in the office of the county 
clerk of the county. 
The maintenance, operation or use of any of the buildings above described 
by the owner, board of managers or other governing body, in violation of 
this section, shall in addition constitute a misdemeanor punishable by a fine 
♦ So in original. [Should read twenty-a as twenty was repealed.] State Tuberculosis Hospitals 
93 
of not exceeding five hundred dollars, or by imprisonment of not more than 
one year or both. (Amended by L. 1924, ch. 110.) 
§ 334-a. Equipment of asylums, almshouses, hospitals, orphanages and 
schools with fire alarm boxes. On or before July first, nineteen hundred thirty, 
every asylum, almshouse, hospital and orphanage having more than ten 
inmates, and every public, private and parochial school, in any city, village, 
town or fire district having a general fire alarm station and an electrically 
operated fire alarm system, shall be equipped with a fire alarm box or boxes 
of the type and character used in such city, village, town or fire district, to 
be located on the premises or in the buildings on such premises, at such 
places as the chief engineer or other head of the fire department of such 
a city, town, village or fire district may direct; provided, however, that in 
the city of New York and in the city of Buffalo the fire commissioner and 
in the city of Rochester the commissioner of public safety shall have 
exclusive right and power to determine the necessity of equipping any such 
asylum, almshouse, hospital, orphanage or school with a suitable fire alarm 
box or boxes and to order the installation therein of such fire alarm box 
or boxes, whenever a fire alarm box maintained by the fire department of such 
city is not located in his judgment within reasonable distance from any such 
asylum, almshouse, hospital, orphanage or school. The expense of acquiring, 
installing and maintaining such boxes shall be borne by the person or cor- 
poration owning or operating such asylum, almshouse, hospital, orphanage 
or school, if the same be under private control, and otherwise by the authori- 
ties of the municipal corporation, fire or school district having jurisdiction 
and control thereof. Upon the instalment of such boxes, the fire department 
or other local authorities having jurisdiction of the general fire alarm system 
of the city, town, village or fire district shall connect such boxes therewith 
and such fire department or other authority having jurisdiction, or the agents 
thereof, may enter every asylum, almshouse, hospital, orphanage or school, 
equipped with such boxes, at any reasonable time for the purpose of inspection 
and repair. The failure of a person or a private corporation to equip any 
asylum, almshouse, hospital, orphanage or school under his or its jurisdic- 
tion, as required by this section shall be guilty of a misdemeanor. The chief 
engineer or other head of the fire department of every city, village, town or 
fire district having a general fire alarm station and an electrically operated 
fire alarm system, on or before July first, nineteen hundred and twenty-nine, 
shall cause a written notice to be served on every person or corporation 
owning or operating an asylum, almshouse, orphanage or school, under private 
control, in such city, village, town or fire district to cause the same to be 
equipped with a fire alarm box or boxes as required by this section. (Formerly 
§ 335; added by L. 1928, ch. 838; amended by L. 1929, chs, 141 and 369, 
L. 1931, ch. 478; renumbered by L. 1941, ch. 42.) 
ARTICLE XVI-A 
State tuberculosis hospitals 
(Added by L. 1931, eh. 481) 
Section 335. [Establishment of district hospitals.] 
336. [Health commissioner to acquire sites.] 
337. Herman] M. Biggs Memorial Hospital. 
337-a. Homer Folks tuberculosis hospital. 
338. Control of state tuberculosis hospitals in the department of 
health. 
t So spelled in original. 94 
The Public Health Law 
339. Admission of patients. 
340. Maintenance of patients. 
341. Lands, 
342. Custody of property; application and expenditure. 
342-a. Superintendents of hospitals. 
342-b. Qualifications of the superintendent. 
342-c. Aid to county hospitals. 
342-d. Powers and duties of the superintendent generally. 
342-e. Appointment of consulting staff. 
342-f. Use of laboratory service of municipal and county officials. 
343. Duties of consulting staff. 
§ 335. [Establishment of district state hospitals.]1 Three state hospitals 
in suitable localities within the state for the care and treatment of tuber- 
culosis are hereby established under jurisdiction and control of the state 
department of health, and the commissioner of health shall determine the 
charge for the care and treatment of patients therein, not greater than the 
actual cost of such care and treatment, which shall be paid by the county 
in which the patient resides. 
§ 336. [Health commissioner to acquire sites.]1 Notwithstanding the pro- 
visions of any inconsistent, general or special law, the state commissioner 
of health, with the approval of the governor, shall select and acquire by 
purchase or condemnation or by appropriation in the manner provided in 
section ten of this chapter suitable sites for such hospitals, and shall cause 
to be prepared plans and specifications therefor, and shall proceed to con- 
struct and equip such hospitals within the amount appropriated by the legis- 
lature therefor. 
§ 337. Herman* M. Biggs Memorial Hospital. The state tuberculosis hos- 
pital, established pursuant to this article and to chapter four hundred and 
eighty-one of the laws of nineteen hundred and thirty-one, to be located near 
the city of Ithaca, shall be known as the Herman* M. Biggs Memorial Hos- 
pital in honor of the late Herman* M. Biggs, M.D., former health commis- 
sioner of the state of New York, in commemoration of his monumental 
achievements in the prevention and control of tuberculosis and the advance- 
ment of public health. (Added by L. 1932, ch. 246.) 
§ 337-a. Homer Folks tuberculosis hospital. The state tuberculosis hos- 
pital, established pursuant to this article and to chapter four hundred and 
eighty-one of the laws of nineteen hundred thirty-one, and located adjacent 
to the city of Oneonta, shall be known as the Homer Folks tuberculosis 
hospital in honor of Homer Folks, LL.D., in recognition of his long and 
devoted service in the cause of tuberculosis control, public health and social 
Avelfare. (Added by L. 1936, ch. 753.) 
§ 338. Control of state tuberculosis hospitals in the department of health. 
Subject to provisions of the state finance law and the constitutional right of 
visitation and inspection of the state board of social welfare, the state 
department of health shall have jurisdiction, supervision and control of all 
state tuberculosis hospitals. (Added by L. 1934, eh. 205.) 
§ 339. Admission of patients. Patients shall be admitted to state tuber- 
culosis hospitals in accordance with rules established by the state commis- 
sioner of health. The state commissioner of health shall from time to time 
designate the counties to be served by each such hospital, provided, how- 
ever, that no county which maintains a county tuberculosis hospital shall 
1 Section heading inserted by editor. 
• So spelled in original. State Tuberculosis Hospitals 
95 
hereafter be so designated unless the board of supervisors shall have so 
requested and any designation of such a county heretofore made shall cease 
to be etfective July lirst, nineteen hundred forty-two. Any resident of a 
county thus designated by the state commissioner of health may apply in 
person to the superintendent of the hospital designated to serve the county 
in which he lives for admission to such hospital, or he may apply to any 
reputable physician for examination, and such physician, if he finds that 
such person is suffering from tuberculosis in any form, may apply to the 
superintendent of the hospital for his admission. Blank forms for such 
applications shall be provided by the superintendent and shall be forwarded 
by him gratuitously to any reputable physician, upon request, in any of the 
counties served by the hospital. 
So far as practicable, applications for admission to the hospital shall lie 
made upon such forms. The superintendent of the hospital, upon the receipt 
of such application, if it appears therefrom that the patient is suffering from 
tuberculosis, and if there be a vacancy in such hospital, shall notify the 
patient named in such application to appear in person at the hospital. If, 
upon examination of such patient, or of any patient applying in person for 
admission, the superintendent is satisfied that such person is a suitable case 
for treatment in such hospital, he shall admit him to the hospital as a 
patient subject to the rules established by the state commissioner of health. 
In the case of a patient admitted from one of the designated counties the 
superintendent shall within forty-eight hours of such admission send a notice 
to the clerk of the board of supervisors of such county. 
The superintendent may admit patients who are able to pay for their care 
and treatment from any county, within the state, but he shall give preference 
to those residing in the counties designated by the state commissioner of 
health to be served by such hospital and who are unable to pay in whole 
or in part for their care and treatment. The superintendent may also admit 
patients from any public tuberculosis hospital within the state upon the 
request of the chief medical officer of any such hospital to such state 
hospital in order to permit such patients to receive special medical or 
surgical care and treatment that any such hospital is unable to furnish but 
which is available at such state hospital. (Added bv L. 1934, eh. 205; amended 
by L. 1942, ch. 784.) 
§ 340. Maintenance of patients. The state commissioner of health shall 
fix the rate of maintenance to be charged for each patient, which rate shall 
not exceed the average daily per capita cost of maintenance of six county 
tuberculosis hospitals. This cost shall be computed at least once a year from 
financial data obtained by the state commissioner of health at the time of 
the annual survey of county tuberculosis hospitals. After the admission of 
the patient to the hospital the superintendent shall cause an inquiry to be 
made as to the patient’s financial circumstances, and of the relatives of the 
patient legally liable for his support. If he finds that such patient, or such 
relatives are able to pay for his care and treatment in whole or in part, an 
order shall be made for such patient or said relatives to pay to the treasurer 
of such hospital for the support of such patient a specified sum per week 
in proportion to their financial ability, but such sum shall not exceed the rate 
of maintenance fixed by the state commissioner of health. The superin- 
tendent shall have the same power and authority to collect such sum from 
the patient, his estate or his relatives legally liable for his support, as is 
possessed by a commissioner of public welfare in like circumstances. If 
the superintendent of the hospital finds that such patient or said relatives 
are unable to pay, either in whole or in part, for his care and treatment 
in such hospital the whole amount, or the part which he cannot pay, as the 
case may be, shall become a charge upon the county from which the patient 
was admitted. Upon request of the board of supervisors the superintendent 96 
The Public Health Law 
shall send a written statement of his inquiry as to the financial circum- 
stances of the patient and his relatives and the reasons for his decision that 
the patient or his relatives are unable to pay either in whole or in part for 
the care and treatment. 
At least once in each month there shall be furnished to the clerk of the 
board of supervisors of each county a list of the patients in the hospital 
received from such county. Such list shall be accompanied by a bill of 
necessary charges covering, in addition to the per diem cost, any items of 
expense of transportation, and the actual cost of necessary articles of 
clothing furnished by such hospital. The bill therefor shall be audited and 
paid by the board of supervisors of said county. 
After payment for the care and treatment of a patient by the board of 
supervisors of said county, such county or its board of supervisors may 
charge back to the county in which a patient*may have a settlement the 
amount of such bill or bills. The county may sue for and collect from the 
patient, his estate or his relatives legally responsible for his support, any 
sum paid by said county to the state institution after investigation and 
determination that said patient, his estate or his relatives legally responsible 
for his support, are able to pay. (Added by L. 1934, ch. 205; amended by 
L. 1942, ch. 784.) 
§ 341. Lands. The lands to be held for the purposes herein mentioned 
shall not be taken for any street highway or railway without specific authori- 
zation by the legislature. (Added by L. 1934, eh. 205.) 
§ 342. Custody of property; application and expenditure. The superin- 
tendent, as the agent of the department, may take and hold in trust for the 
state any grant or devise of land, or any gift or bequest of money, or other 
personal property, or any donation, to be applied, principal or income, or both 
to the maintenance and the general use of the hospital. No such property 
shall be taken or held except with the approval of the state commissioner 
of health, unless the rules of the commissioner otherwise provide. Utiliza- 
tion and administration of such property so taken and held shall be subject 
to the rules of the commissioner. The expenditure of moneys derived from 
any such sources including income therefrom shall be under the immediate 
direction of the superintendent of the state hospital, unless such rules other- 
wise provide. (Added by L. 1934, ch. 205.) 
§ 342-a. Superintendents of hospitals. There shall be a superintendent of 
each state hospital appointed by the state commissioner of health. Such 
position shall be in the competitive class of the civil service. (Added by 
L. 1934, ch. 205.) 
§ 342-b. Qualifications of the superintendent. The superintendent of each 
state tuberculosis hospital shall be a physician, not a member of the board 
of consultants, a graduate of a legally chartered medical college, licensed 
or eligible for licensure in New York state, with administrative experience 
and experience in the diagnosis, care and treatment of persons suffering 
from pulmonary tuberculosis. He shall possess such other qualifications as 
may be prescribed by the state commissioner of health. (Added by L. 
1934, eh. 205.) 
§ 342-c. Aid to county hospitals. The superintendent of each state tuber- 
culosis hospital, with the approval of the commissioner of health, may give 
to superintendents of county tuberculosis hospitals and other physicians and 
medical students courses in the diagnosis and treatment of tuberculosis and 
in hospital administration. The board and lodging at the hospital of such 
persons, while actually in attendance at such courses, shall be charged as an 
expense of conducting such hospitals. (Added by L. 1934, ch. 205.) State Tuberculosis Hospitals 
97 
§ 342-d. Powers and duties of the superintendent generally. Subject to 
the rules of the state commissioner of health, the superintendent of each 
state tuberculosis hospital shall have the management of the hospital and 
shall be responsible for the medical care and treatment of all patients 
within the hospital. He shall appoint all subordinate officers of the hos- 
pital, and they shall be removable by him in accordance with the civil 
service law and rules. In other respects, the superintendent of the hospital 
shall have the powers and duties prescribed by law for the superintendent 
of the hospital under his charge to be exercised and performed, however, 
subject to rules of the state commissioner of health. Nothing in this chapter 
shall prevent the adoption by any superintendent of rules pertaining to duties 
of officers and employees of the state tuberculosis hospital under his charge, 
and for the internal government, discipline and management of the hospital, 
consistent with rules of the state commissioner of health, but any such rule 
of the superintendent shall be subject to revocation or suspension by the 
state commissioner of health. The superintendent shall be the treasurer 
of the state tuberculosis hospital. He shall give a bond in such amount as 
the comptroller may direct. Additional bond or bonds may be required at 
any time of a superintendent who disburses money accruing from gifts to 
secure his faithful discharge of that duty. The cost of any such bond shall 
be paid from funds appropriated to the use of the institution. He shall 
perform the following duties, subject to the rules and regulations of the 
state commissioner of health: 
1. Receive and have the custody of all moneys of the hospital from what- 
ever source derived, except as otherwise provided by law, and keep an accurate 
account thereof and have custody of all moneys, securities and obligations 
belonging to the hospital. 
2. Deposit in his name, as treasurer, in a bank approved by the state 
comptroller, all such moneys and transmit each month to the comptroller 
and to the commissioner of health, a statement showing the amount received 
and deposited, from whom and for what received, and when such deposits 
were made. Such statements of deposit shall be certified by the proper 
officers of the bank receiving such deposits. The treasurer shall make an 
affidavit to the effect that the sum so deposited is all the money received 
by him from any source of hospital income to the date of the last deposit 
appearing on such statement, 
3. Pay out the money deposited for the proper use of the institution upon 
the voucher of the business manager. 
4. Keep full and accurate accounts of all receipts and payments in the 
manner and according to books and forms prescribed by the state commis- 
sioner of health. 
5. Balance all accounts on his books annually for the preceding fiscal year, 
and make a statement thereof and an abstract of the receipts and pay- 
ments for such year, and transmit the same to the state commissioner of 
health as soon after the close of the fiscal year as practicable. 
6. Render an account of the state of the books and of the funds and 
property in his custody whenever required by the state commissioner of 
health. 
7. Perform sxxch other duties as the state commissioner of health may 
require. (Added by L. 1934, ch. 205.) 
§ 342-e. Appointment of consulting staff. The state commissioner of 
health shall appoint for each state tuberculosis hospital not more than six 
physicians or other scientifically trained persons, trained in the various 
specialties of medicine as a board of consultants. Such consultants shall 
serve for a period coterminous with the term of the state commissioner of 
health, unless the commissioner shall deem it in the interest of the state 
to terminate the appointment of one or more members. In the event of the 98 
The Public Health Law 
resignation or removal by the state commissioner of health the member 
appointed to fill such vacancy shall hold office as above. (Added by L. 1934, 
ch. 205.) 
§ 342-f. Use of laboratory service of municipal and county officials. The 
superintendent of any state tuberculosis hospital, with the approval of the 
state commissioner of health, may enter into a contract with proper munici- 
pal or county officials under which the laboratorj7 service of the institution 
may be made available to municipalities or counties or parts thereof when 
in his judgment such a contract shall be in the interest of public health and 
not prejudicial to the interest of the institution or its work. He shall receive 
all moneys paid in consideration of such contract and pay the same into the 
general fund of the state. (Added by L. 1944, ch. 769.) 
§ 343. Duties of consulting staff. The duties of each consultant shall be 
prescribed by the superintendent of each state tuberculosis hospital with the 
approval of the state commissioner <3f health. However, at least once each 
month, in conjunction with the staff of the hospital, the board of consultants 
shall hold a meeting at which the superintendent shall present scientific or 
clinical material which he deems advisable for consideration and advice of 
such board. Failure of any member of such board to attend three consecu- 
tive meetings of the board shall cause a vacancy in his office, unless said 
absence is excused in writing by the commissioner of health. The board, 
through one of its members designated for such purpose, shall keep a 
record of attendance and the minutes of each meeting of the board. Copies 
of each such record shall be transmitted to the superintendent and the 
commissioner of health within the week immediately following the date of 
the last meeting. The members of the consulting staff shall not receive any 
compensation for their services but shall receive actual and necessary travel- 
ing and other expenses to be paid after audit as other current expenditures 
of the hospital. (Added by L. 1934, eh. 205.) 
ARTICLE XVII 
Cleanliness in the preparation and service of food 
(Added by L. 1913, ch. 552, and renumbered Article XVII by L. 1939, ch. 210) 
Section 343-a. Cleanliness in the preparation and service of food. 
343-b. Powers of the state commissioner of health. 
343-c. Penalties. 
§ 343-a. Cleanliness in the preparation and service of food. A person or 
corporation engaged in the preparation and sale of food in any hotel, public 
restaurant, public dining room, dining car, drug store, soda fountain or 
steamboat in this state or an officer of any public, penal or charitable insti- 
tution in this state, shall not use in the preparation or service of any food 
utensils, dishes, glasses or other containers which have not been previously 
cleansed and disinfected in a sanitary manner. In such cleansing the use 
of water which has become unsanitary by previous use is prohibited. 
(Amended by L. 1938, ch. 423, and L. 1939, ch. 167.) 
§ 343-b. Powers of the state commissioner of health. The state commis- 
sioner of health is hereby vested with full power and authority to inspect 
and supervise all public places in this state above enumerated in which food 
is prepared, sold or served. Such commissioner or his duly authorized agents 
or employees shall be permitted access to the kitchens of all hotels, public 
restaurants, public dining-rooms, dining-cars, drugstores, soda fountains and 
steamboats in this state and to the kitchens of all public, penal and charitable Suppression of Certain Nuisances 
99 
institutions in this state for the purpose of ascertaining whether the pro- 
visions of this article and of the state sanitaxy code and local ordinances 
or regulations are being observed. The state commissioner of health may 
appoint and designate from time to time persons to make the inspections 
authorized by this article. (Amended by L. 1939, ch. 167, L. 1939, ch. 210, 
and L. 1941, ch. 42.) 
§ 343-c. Penalties. Any person or corporation, or officer thereof, violating 
any of the provisions of this article shall be guilty of a misdemeanor. The 
conviction of any corporation shall not relieve any officer or officers, agents 
or employees of such corporation from prosecution under the provisions of 
this article. 
ARTICLE XVII-A 
Suppression of certain nuisances 
(Added by L. 1914, ch. 365; repealed, re-enacted, and renumbered by L. 1927, 
ch. 670) 
Section 343-d. Houses of prostitution; equipment; nuisance; injunction. 
343-e. Injunction; procedure. 
343-f. Jurisdiction and procedure. 
343-g. Owners defined; unknown owner; publication of notice. 
343-h. Temporary restraining order. 
343-i. Writ; how served. 
343-j. Inventory. * 
343-k. Mutilation or removal of notice. 
343-1. Trial of action. 
343-m. Scope of injunction. 
343-n. Dismissal. 
343-o, Delay in trial. 
343-p. Costs. 
343-q. Violation of injunction. 
343-r. Procedure. 
343-s. Penalty. 
343-t. Abatement; sale of property; building closed; contempt. 
343-u. Fees. 
343-v. Breaking closed building punished. 
343-w. Duty of district attorney. 
343-x. Proceeds. 
343-y. Release of property on filing bond, 
343-z, Advance payment of fees. 
343-aa. Rule of interpretation. 
§ 343-d. Houses of prostitution; equipment; nuisance; injunction. Who- 
ever shall erect, establish, continue, maintain, use, own, or lease any building, 
erection, or place used for the purpose of lewdness, assignation, or prostitu- 
tion is guilty of a nuisance, and the building, erection, or place, or the ground 
itself, in or upon which such lewdness, assignation, or prostitution is con- 
ducted, permitted, or carried on, continued, or exists, and the furniture, 
fixtures, musical instruments, and movable property used in conducting or 
maintaining such nuisance, are also declared a nuisance and shall be enjoined 
and abated as hereinafter provided. (Formerly 343-a; renumbered and 
amended by L. 1939, ch. 210.) 
§ 343-e. Injunction; procedure. When a nuisance is kept, maintained, or 
exists, as defined in this article, the district attorney, or any citizen of the 100 
The Public Health Law 
county, or any society, association, or body incorporated under the laws of 
this state, may maintain an action in equity in the name of the people of 
the state of New York, upon the relation of such district attorney, citizen, 
or corporation to perpetually enjoin said nuisance, the person or persons 
conducting or maintaining the same from further conducting or maintain- 
ing the same, and the owner, or agent of the building or ground upon which 
said nuisance exists, from further permitting such building or ground or 
both to be so used. (Formerly 343-b; renumbered and amended by L. 1939, 
ch. 210, and L. 1941, ch. 42.) 
§ 343-f. Jurisdiction and procedure. Such action shall be brought in the 
supreme court of the county in which the property is situated. The com- 
plaint in such action shall be verified and shall set forth the facts consti- 
tuting the nuisance complained of, and may at or before the commencement 
of the action be filed in the office of the clerk of the county, together with 
a notice of the pendency of the action, stating the names of the parties and 
the object of the action, and containing a brief description of the property, 
real and personal, in the county affected thereby. Upon the verified com- 
plaint and upon such other proof as the court may require, the supreme 
court, or a justice of the supreme court, may, without a hearing and without 
notice, grant an injunction order, restraining the defendants and each of 
them from continuing such nuisance, and from removing, or in any manner 
interfering with, the furniture, fixtures, musical instruments and movable 
property used in conducting such nuisance, and described and set forth in 
the complaint, and in such order fix a time of hearing at a term of the 
supreme court to be held in such county, for an order continuing such 
injunction order during the pendency of the action. Such injunction order 
shall be served, together with a copy of the complaint and the affidavits, if 
any, upon which the same was granted, personally upon the defendants, or 
by leaving copies thereof with a person of full age, if any such person be 
found at the premises described in the complaint, or by posting at or on 
the main entrance to the bulidng* on such premises, copies thereof, on or 
before the time fixed for such service in such injunction order. The defend- 
ants, or any of them, may upon such hearing submit proof by affidavits, and 
the plaintiff may submit additional proof by affidavits. If it appears upon 
such hearing that there is probable proof of the maintenance of such nuisance, 
the court may continue the injunction order during the pendency of the 
action. No bond or undertaking shall be required as a condition of granting 
or continuing such injunction order, or orders. (Formerly § 343-c; amended 
by L. 1928, ch. 266, L. 1929, ch. 373; renumbered and amended by L. 1939, 
eh. 210.) 
§ 343-g. Owners defined; unknown owner; publication of notice. The 
person in whose name the real estate affected by the action stands on the 
records in the county clerk’s office shall be presumed to be the owner thereof. 
The owner and any person having any claim or lien against the real or 
personal property affected by the action may be made parties defendant. If 
any such persons be unknown to the relator such unknown persons may be 
designated as “all other persons unknown claiming any ownership, right, 
title, or interest in the property affected by this action.” The summons in 
such action may be served personally, by substituted service, by publication, 
service without the state in lieu of publication, or personal service out of 
the state without order, in the cases provided therefor and in the manner 
provided therefor in article twenty-five of the civil practice act and in rules 
of civil practice, except that, in case service by publication is ordered, the 
mailing of a copy of the order and the summons to the defendant may be 
dispensed with in the order and the order may provide that such publication 
* So in original. [Should read “building.”] Suppression of Certain Nuisances 
101 
in a paper published daily in the city where the property affected by the 
action is located, two times a week for two weeks, will be sufficient publica- 
tion, in which case service will be deemed completed upon the date of the last 
publication; and except that where personal service is made without the 
state, the service will be deemed completed upon the date of such personal 
service. (Formerly § 343-d; amended by L. 1928, ch. 266, L. 1929, eh. 373; 
renumbered and amended by L. 1939, ch. 210.) 
§ 343-h. Temporary restraining order. Where a permanent or temporary 
injunction is prayed for, the court, or judge in vacation, on the application 
of the plaintiff, may issue an ex parte restraining order, restraining the 
defendants and all other persons from removing or in any manner interfering 
with the furniture, fixtures, musical instruments and movable property used 
in conducting the alleged nuisance, until the decision of the court or judge 
granting or refusing such temporary injunction and until the further order 
of the court thereon, (Formerly § 343-e: renumbered and amended by L. 
1939, ch. 210.) 
§ 343-i. Writ; how served. The restraining order may be served by hand- 
ing to and leaving a copy of said order with any person in charge of said 
property or residing in the premises, and by posting a copy thereof in a 
conspicuous place at or upon one or more of the principal doors or entrances 
of such premises where such nuisance is alleged to be maintained, or by either 
such delivery or posting. (Formerly § 343-f; amended by L. 1928, ch. 266; 
renumbered and amended by L. 1939, eh. 210.) 
§ 343-j. Inventory. The officers serving such restraining order shall forth- 
with make and return into court an inventory of the personal property situ- 
ated in and used in conducting or maintaining said nuisance. (Formerly 
§ 343-g; renumbered and amended by L. 1939, ch. 210.) 
§ 343-k. Mutilation or removal of notice. Where such order is so posted, 
mutilation or removal thereof, while the same remains in force, shall be a 
contempt of court, provided such posted order contains thereon or therein a 
notice to that effect. (Formerly § 343-h; renumbered and amended by L. 
1939, ch. 210.) 
§ 343-1. Trial of action. The action for the permanent injunction shall be 
triable at the first term of the supreme court after due and timely notice has 
been served as in other actions. If the complaint be uneontroverted it shall 
be deemed true without further proof. In such action evidence of the common 
fame and general reputation of the place, of the inmates or occupants thereof, 
or of those resorting thereto, shall be competent evidence to prove the exis- 
tence of the nuisance. An admission or finding of guilt of any person of a 
violation of section eleven hundred and forty-six of the penal law at such 
place shall be presumptive evidence of the nuisance, and a plea of guilty or 
a conviction in a criminal action of maintaining a nuisance at the place 
described in the complaint shall be prima facie evidence of the nuisance, and 
the records of any court in the jurisdiction shall be admissible as evidence 
to prove the conviction or plea of guilty. If evidence of the general reputa- 
tion of the place, or of the inmates or occupants thereof, is sufficient to estab- 
lish the existence of a nuisance it shall be prima facie evidence of knowledge 
thereof and acquiescence and participation therein and responsibility for the 
nuisance, on the part of the owners, lessors, lessees, users, and all those in 
possession of or having charge of, as agent or otherwise, or having any 
interest in any form of property, real or personal, used in conducting or 
maintaining said nuisance. (Formerly § 343-i; renumbered and amended by 
L. 1939, eh. 210.) The Public Health Law 
102 
§ 343-m. Scope of injunction. When an injunction has been granted, it 
shall be binding on each defendant throughout the state, and any violation 
of the provisions of the injunction or temporary restraining order herein 
provided, shall be a contempt and punished as hereinafter provided. (Formerly 
§ 343-j; amended by L. 1928, ch. 266; renumbered and amended by L. 1939, 
ch. 210.) 
§ 343-n. Dismissal. If the complaint is filed by a citizen or a corporation, 
it shall not be dismissed except upon a sworn statement made by the com- 
plainant and his attorney, setting forth the reasons why the action should 
be dismissed, and the dismissal approved by the district attorney in writing 
or in open court. (Formerly § 343-k; renumbered and amended bv L. 1939, 
ch. 210.) 
§ 343-o. Delay in trial. If the court is of the opinion that the action 
ought not to be dismissed, he may direct the district attorney to prosecute 
said action to judgment, and it the action is continued more than one term 
of court, except for good cause shown, any citizen of the county or the dis- 
trict attorney may be substituted for the complaining party and prosecute 
said action to judgment. (Formerly § 343-h; amended by L. 1928, ch. 266; 
renumbered and amended by L. 1939, ch. 210.) 
§ 343-p. Costs. If the action is brought by a citizen or a corporation 
and the court finds there were not reasonable grounds or cause for said action, 
the costs may be taxed against such citizen or corporation. (Formerly 
§ 343-m; amended by L. 1928, ch. 266; renumbered and amended by L. 1939, 
ch. 210.) 
§ 343-q. Violation of injunction. In case of a violation of any injunc- 
tion granted under the provisions of this article, or of a restraining order 
or the commission of any contempt of court in proceedings under this 
article the court, or in vacation a judge thereof, may summarily try and 
punish the offender. (Formerly § 343-n; renumbered and amended by L. 
1939, eh. 210; amended by L. 1941, ch. 42.) 
§ 343-r. Procedure. The proceedings shall be commenced by filing with the 
clerk of the court a complaint under oath, setting out and alleging the 
facts constituting such violation, upon which the court or judge shall cause 
a warrant to issue, under which the defendant shall be arrested. The trial 
may be had upon affidavits, or either party may demand the production and 
oral examination of the witnesses. (Formerly § 343-o; renumbered and 
amended by L. 1939, eh. 210.) 
§ 343-s. Penalty. A party found guilty of contempt under the provisions 
of this article shall be punished by a fine of not less than three hundred 
nor more than one thousand dollars or by imprisonment for not less than 
three nor more than six months or by both fine and imprisonment, for the 
first offense, and for the second and each subsequent offense ’shall be 
imprisoned for one year. (Formerly § 343-p; renumbered and amended by 
L. 1939, ch. 210; amended by L. 1941, ch. 42.) 
§ 343-t. Abatement; sale of property; building closed; contempt. If the 
existence of the nuisance be admitted or established in an action as pro- 
vided in this article, or in a criminal proceeding in any court, an order of 
abatement shall be entered as a part of the judgment in the case, which 
order shall direct the removal from the building or place of all fixtures, 
furniture, musical instruments, or movable property used in conducting the 
nuisance and shall direct the sale of such in the manner provided for the 
sale of chattels under execution, and shall direct the effectual closing of 
the building, erection or place against its use for any purpose, and so Suppression of Certain Nuisances 
103 
keeping it closed for a period of one year, unless sooner released as here- 
inafter provided, (Formerly § 343-q; renumbered and amended by L. 1939, 
ch. 210; amended by L. 1941, ch. 42.) 
§ 343-u. Fees. For removing and selling the movable property, the officer 
shall be entitled to charge and receive the same fees as he would for levying 
upon and selling like property, on execution, and for closing the premises 
and keeping it closed a reasonable sum shall be allowed by the court. 
(Formerly § 343-r; renumbered and amended by L. 1939, ch. 210.) 
§ 343-v. Breaking closed building punished. If any person shall break 
and enter, or use a building, erection, or place so directed to be closed, he 
shall be punished as for contempt as provided in this article. (Formerly 
§ 343-s; renumbered and amended by L. 1939, ch. 210; amended by L. 1941, 
ch. 42.) 
§ 343-w. Duty of district attorney. In case the existence of such nuisance 
is established, in a criminal proceeding in a court other than the supreme 
court it shall be the duty of the district attorney to proceed promptly under 
this article to enforce the provisions and penalties thereof; and the finding 
of the defendant guilty in such criminal proceedings, unless reversed or set 
aside, shall be conclusive as against such defendant as to the existence of 
the nuisance. (Formerly § 343-t; renumbered and amended by L. 1939, ch. 
210; amended by L. 1941, ch. 42.) 
§ 343-x. Proceeds. All moneys collected under this article shall be paid 
to the county treasurer. The proceeds of the sale of the personal property 
as provided in the fourth preceding section, shall be applied in payment o£ 
the costs of the action and abatement or so much of such proceeds as may 
be necessary, except as hereinafter provided. (Formerly § 343-u; renumbered 
and amended by L. 1939, ch, 210; amended by L.'1941, ch. 42.) 
§ 343-y. Release of property on filing bond. If the owner of the premises 
in which said nuisance has been maintained appears and pays all costs of 
the proceeding and files a bond with sureties to be approved by the court in 
the full value of the property, to be ascertained by the court, or in vacation 
by the judge thereof, conditioned that he will immediately abate said nui- 
sance and prevent the same from being established, or kept therein within a 
period of one year thereafter, the court, or in vacation the judge, if satisfied 
of his good faith, may order the premises, closed or sought to be closed 
under the order of abatement, delivered to said owner, and said order of 
abatement cancelled so far as the same may relate to said real property. 
The release of the property under the provisions of this section shall not 
release it from the injunction herein provided against the property nor any 
of the defendants nor from any judgment, lien, or liability to which it 
may be subject by law. (Formerly § 343-v; renumbered and amended by 
L. 1939, eh. 210; amended by L. 1941, ch. 437.) 
§ 343-z. Advance payment of fees. In an action brought by a citizen or 
a corporation to enjoin and abate a nuisance, as defined in this act, no 
officer or witness shall be entitled to receive in advance fees for service or 
attendance. (Formerly § 343-bb; renumbered 343-ee and amended by L. 
1939, ch. 210; renumbered by L. 1941, ch. 437.) 
§ 343-aa. Rule of interpretation. Should any provision of this act be found 
to be unconstitutional, such finding shall not invalidate any other provision 
thereof. (Formerly § 343-cc; renumbered 343-ff and amended 1939, ch. 210; 
renumbered by L. 1941, eh. 437.) 104 
The Public Health Law 
ARTICLE XVII-B 
Regulation of certain contagious diseases 
Section 343-gs. Suspected persons. 
343-hh, Persons under arrest. 
343-ii. Treatment required. 
343-jj. Free treatment for infected persons. 
343-kk. Treatment only by physicians or on their prescriptions. 
343-11. Reports and information confidential. 
343-mm. Penalties. 
343-nn. Person, knowing himself to be infected with venereal disease, 
having sexual intercourse with persons in military or 
naval service. 
343-oo. Definitions. 
(Added by L. 1918, ch. 264) 
§ 343-gg. Suspected persons. Whenever the board of health or health 
officer of a health district shall have reasonable ground to believe that any 
person within the jurisdiction of such board or health officer is suffering from, 
or infected with, any infectious venereal disease and is likely to infect or 
to be the source of infection of any other person, such board of health or 
health officer shall cause a medical examination to be made of such person, 
for the purpose of ascertaining whether or not such person is in fact suffering 
from, or infected with, such disease, and every such person shall submit to 
such examination and permit such specimens of blood or bodily discharges 
to be taken for laboratory examinations as may be necessary to establish the 
presence or absence of such disease or infection, and such person may be 
detained until the results of such examinations are known, provided, that 
the required examination shall be made by the health officer, or, at the 
option of the person to be examined, by a licensed physician who, in the 
opinion of the health officer, is qualified for this work and is approved by 
him, and such licensed physician making such examination shall report thereon 
to the board of health, health department or health officer, but shall not 
issue a certificate of freedom from venereal disease to or for the person 
examined. Such suspected person may apply to a magistrate for an order 
restraining such examination and no examination shall then be made except 
upon order of such magistrate. Before such examination each suspected 
person shall be informed of this right and be given an opportunity to avail 
himself or herself thereof. (Amended by L. 1919, ch. 40; renumbered and 
amended by L. 1939, ch. 210.) 
§ 343-hh. Persons under arrest. Every person arrested for vagrancy as 
defined under subdivisions three or four of section eight hundred and eighty- 
seven of the code of criminal procedure or under section one hundred and 
fifty of the tenement house law or under any statute or ordinance for any 
offense of the nature specified in subdivision four of section eight hundred 
and eighty-seven of the code of criminal procedure, or arrested charged with 
a violation of section one thousand one hundred and forty-six or one thou- 
sand one hundred and forty-eight of the penal law, or any person arrested 
for frequenting disorderly houses or houses of prostitution, shall be reported 
within twenty-four hours by the court or magistrate before whom such person 
is arraigned to the board of health or health officer of the health district 
in which the alleged offense occurred, and shall be examined in accordance 
with the provisions of the jireceding section. For purpose of examination 
and diagnosis as provided in the preceding section, such person may be 
detained until the results of such examination are known. No such person 
jf convicted shall be released from the jurisdiction of such court or magis- Regulation op Certain Contagious Diseases 
105 
trate until the person so convicted has been examined as provided for in the 
preceding section. (Amended by L. 1919, ch. 40; renumbered and amended 
by L. 1939, ch. 210.) 
§ 343-ii. Treatment required. Every person who, by the examinations as 
provided for in section three hundred and forty-three-gg, is found to be 
suffering from, or infected with any venereal disease, or who is reported to 
the health officer as suffering from or infected with venereal disease, shall 
be required by the board of health, or the health officer of the health district 
in which such person resides, to conform to rules and regulations of the state 
sanitary code, and, in the city of New York of the sanitary code of the board 
of health of said city. Such rules and regulations may provide for the 
isolation and treatment of persons so infected and the local board or health 
officer shall in that case define the place and limits of the area within which 
such persons shall be isolated, and the conditions under which such isolation 
and treatment shall be terminated. Any of such rules and regulations may 
be reviewed in the courts and tested as to reasonableness in a proceeding 
instituted by any person directed to conform therewith pursuant to this 
article. (Amended by L. 1931, ch. 481, L. 1935, ch. 587, L. 1939, ch. 210, and 
L. 1940, ch. 371.) 
§ 343-jj. Free treatment for infected persons. Any person who is suffering 
from a venereal disease who is unable to pay for treatment may make appli- 
cation for care and treatment to the board of health or health officer of the 
health district in which such person resides and such board or health officer 
shall promptly institute treatment. It shall be the duty of each county 
and city board of health to provide facilities adequate for the diagnosis, 
care and treatment of persons suffering from venereal disease, who are 
unable to pay for treatment by a private physician, which facilities shall 
meet such standards as may be prescribed by the state commissioner of 
health. (Amended by L. 1931, ch. 481, and L. 1939, ch. 210.) 
§ 343-kk. Treatment only by physicians or on their prescriptions. No 
person, other than a licensed physician, shall treat or prescribe for a case 
of venereal disease, or dispense or sell a drug, medicine or remedy for the 
treatment of such a disease except on prescription of a duly licensed physi- 
cian. Such prescription shall be retained by the person dispensing or selling 
such drug, medicine or remedy, and no copy of such prescription shall be 
made by or delivered to any person, and such prescription shall be filled but 
once. (Renumbered and amended by L. 1939, ch. 210, and L. 1940, ch. 371.) 
§ 343-11. Reports and information confidential. All reports or information 
secured by a board of health or health officer under the provisions of this 
article shall be absolutely confidential except in so far as is necessary to 
carry out the purposes of the article. (Renumbered and amended bv L. 
1939" ch. 210.) 
§ 343-mm. Penalties. Any person who shall violate any of the provisions 
of this article or any rule or regulation made and approved under the pro- 
visions of section three hundred and forty-three-ii shall be guilty of a mis- 
demeanor. (Renumbered and amended by L. 1939, ch. 210, L. 1941, ch. 42, 
and L. 1943, ch. 343.) 
,§ 343-nn. Person, knowing himself to be infected with venereal disease, 
having sexual intercourse with persons in military or naval service. Any 
person who, knowing himself or herself to be infected with venereal disease, 
such as chancroid, gonorrhea or syphilis, in any variations or stages of such 
diseases, has sexual intercourse with a person in the military or naval service 
of the state or of the United States shall be guilty of a felony, punishable 106 
The Public Health Law 
by imprisonment for not less than one and one-half years nor more than 
three years. (Added by L. 1943, ch. 343.) 
§ 343-oo. Definitions. The term “health district” as used in this article 
shall mean a city, town, village or consolidated health district having a 
separate board of health. (Renumbered and amended by L. 1939, ch. 210; 
renumbered by L. 1943, ch. 343.) 
ARTICLE XVIII 
State institute for the study of malignant diseases 
(Added by L. 1927, ch. 48. Former article repealed by L. 1926, ch. 349) 
Section 344. Institute continued. 
345. Board of visitors, 
346. Investigations and treatment. 
347. Administration of gifts and trusts. 
348. Director. 
349. Division of cancer control. (Repealed.) 
§ 344. Institute continued. The state institution for the study of malignant 
diseases is continued under the management and control of the department 
of health. (Amended by L. 1931, ch. 481, and L. 1944, eh. 298.) 
§ 345. Board of visitors. There shall continue to be a board of visitors of 
such institute consisting of the commissioner of health, and six members 
who shall be appointed by and may be removed at the pleasure of the gov- 
ernor. The members of such board shall serve without compensation. The 
board of trustees of such institute shall hereafter be and be known as the 
board of visitors thereof. The present trustees of such institute shall con- 
stitute the board of visitors thereof and shall hold office until their suc- 
cessors are appointed and have qualified. Such board of visitors, from time 
to time, shall visit and inspect such institute. The board shall meet quarterly, 
and shall hold an annual meeting in November to consider the affairs of the 
institute and to prepare, for transmission to the commissioner of health, its 
report of the work of the institute for the preceding year. The board of 
visitors may meet at any time on call of the chairman, and shall be allowed 
their necessary traveling expenses in attending the fixed meeting or any 
special meetings. At least two of the members of the board of visitors shall 
be residents of the city of Buffalo or vicinity and one of them shall be a 
member of the medical faculty or of the council of the University of Buffalo. 
§ 346. Investigations and treatment. The institute shall conduct investi- 
gations of the cause, mortality rate, treatment, prevention and cure of 
cancer and allied diseases. There may be received free of charge in its 
hospital for study, experimental or other treatment, cases of cancer and 
allied diseases. The commissioner of health shall publish from time to time 
the result of its investigations for the benefit of humanity and he shall, from 
time to time collate its publications in a scientific report for distribution to 
scientific bodies and to medical scientists and qualified members of the 
medical profession. The direction of research work in whole or in part 
toward malignant diseases other than cancer shall not be a violation of the 
conditions of the grants made pursuant to the provisions of chapter one 
hundred and twenty-eight of the laws of nineteen hundred and eleven. 
§ 347. Administration of gifts and trusts. The commissioner of health as 
the successor of the board of trustees of such institute shall execute and 
administer any gift, transfer or trust heretofore made to or for the benefit 
Note.—Communications relating to the work of the Institute should be addressed t*. 
Director, State Institute for Study of Malignant Diseases, High Street, Buffalo, N. Y. State Institutions in the Department 
107 
of such institute and may receive gifts, legacies and bequests, and use the 
same for the advancement of the objects and purposes of the institute. 
§ 348. Director. There shall be a director of the institute who shall be 
appointed by the commissioner of health with the approval of the board of 
visitors. In case of disagreement, such director shall be appointed by the 
governor. The director shall be a trained scientist and shall be in the com- 
petitive class of the civil service. The director shall be the executive officer 
of such institute and be in immediate charge of its work, subject to the 
supervision and control of the commissioner of. health. He shall appoint 
and remove all members of the staff and all other employees of the insti- 
tute, subject to the approval of the commissioner of health. He shall annually 
in the month of January report to the commissioner of health as to his 
proceedings and the affairs of the institute for the calendar year ending 
with the preceding thirty-first day of December. (Amended by L. 1939, eh. 
168, L. 1941, eh. 42, and L. 1944, ch. 232.) 
§ 349. Division of cancer control. (Repealed by L. 1944, ch. 298.) 
ARTICLE XVIII-A 
Cancer control 
(Formerly part of Article XYIIT) 
(Added by L. 1944, ch. 298.) 
Section 349. General powers and duties of the commissioner. 
§ 349. General powers and duties of the commissioner. The commissioner 
of health shall conduct investigations of the cause, mortality rate, methods 
of treatment, prevention and cure of cancer, and allied diseases, including the 
nature and extent of the facilities available in the several counties and cities 
of the state, for the diagnosis and treatment of these diseases, and shall 
cooperate with local health authorities, physicians, hospitals, clinics and 
voluntary associations, in the development of suitable facilities for the 
diagnosis, treatment and control of cancer. 
ARTICLE XIX 
State institutions in the department 
(Added by L. 1931, ch. 481.) 
Section 350. Control of state institutions in department of health. 
351. -New York State Reconstruction Home. 
352. Admission to institution and charges for service and reimburse- 
ment. 
353. Qualifications of members of the board of visitors. 
354. Custody of property by the board of visitors; application 
and expenditure. 
355. Establishment and objects of New York State Hospital for the 
Treatment of Incipient Pulmonary Tuberculosis. 
356. Admission of patients, 
356-a. Designation of counties to be served by the tuberculosis hos- 
pital at Ray Brook; admission of patients. 
357. Qualifications of members of the board of visitors. 
358. Lands. 
359. Custody of property by the board of visitors; application 
and expenditure. 108 
The Public Health Law 
360. Qualifications of superintendent. 
361. Aid to county tuberculosis hospitals. 
362. Appointment and removal of boards of visitors. 
363. General powers and duties of boards of visitors. 
364. Superintendents of institutions. 
365. Powers and duties of the superintendent, generally. 
365- Designation of employees as special policemen; powers and 
duties. 
366. Treasurers of institutions; powers and duties. 
366- Use of laboratory service by municipal and county officials. 
367. Oaths and bonds. 
368. Admission to institutions. 
§ 350, Control of state institutions in department of health. Subject to 
the provisions of the state finance law and the constitutional right of visi- 
tation and inspection of the state board of social welfare, the state depart- 
ment of health shall have jurisdiction, supervision and control of the New 
York State Reconstruction Home at West Haverstraw and the New York 
State Hospital for the Treatment of Incipient Tuberculosis at Ray Brook. 
(Amended by L. 1941, ch. 42.) 
§ 351. New York State Reconstruction Home. The New York State Recon- 
struction Home at West Haverstraw is continued for the care and treat- 
ment of any children who may have resided in the state of New York for 
a period of not less than one year, who are crippled or deformed or are 
suffering from diseases from which they are likely to become crippled or 
deformed. The patients in such home shall be permitted to exercise and 
enjoy religious profession and worship freely and without discrimination 
or preference. 
§ 352. Admission to institution and charges for service and reimburse- 
ment. 1. The commissioner of health shall establish regulations governing 
the admission of patients to the institution. Such patients, however, shall 
be at the time of their admission under twenty-one years of age and residents 
of the state. In the case of minors whose parents, or those bound by law to 
maintain them, are unable to pay the charges provided by this section, 
admission shall be on the order of the judge of the children’s court of a 
county, or a city maintaining a special children’s court authorized by special 
act of legislature. 
2. The commissioner of health shall establish the rates to be paid for the 
maintenance, care and treatment of all patients admitted to the institution. 
The commissioner of health shall require that the superintendent of such 
institution shall render to each county or city or to those responsible for 
such patient, not oftener than once each month, a verified statement of the 
amount due for such treatment and maintenance. 
3. The charge for the maintenance, care and treatment of minors admitted 
to the institution by order of a judge of a children’s court shall be borne by 
the county or by the city in which such children’s court has jurisdiction or 
such minor has legal residence. Such county or city shall be entitled to a 
reimbursement of one-half of the charge of such maintenance, care and 
treatment of patients admitted by order of the judge of the children’s court 
of such county or city, pursuant to the provisions of sections twelve hundred 
and eleven and twelve hundred and twelve of the education law. 
4. The board of supervisors of siieh county, at its next meeting for audit- 
ing claims against the county, shall audit all such accounts received since 
the previous meeting for audit and shall cause the amount of such audited 
accounts to be paid from county funds to the state commissioner of health 
who shall pay the same into the state treasury pursuant to section thirty- 
seven of the state finance law. State Institutions in the Department 
109 
5. The legislature shall appropriate an amount sufficient to pay one-half 
of the amount paid by a county or city for the purposes and in the manner 
provided in this section. The clerk of the board of supervisors of each 
county or the chief fiscal officer of a city which has expended money for the 
purposes herein provided shall, not oftener than once in each month, trans- 
mit to the commissioner of health a certified statement in the form prescribed 
by him, stating the amount expended for such purposes, the date of each 
expenditure and the purpose for which it was made. Upon the receipt of 
such certified statement the commissioner of health shall examine the same 
and, if such expenditures were made as required by law, he shall approve it 
and transmit it to the comptroller for audit. The comptroller shall there- 
upon issue his warrant in the amount specified in such approved statement 
for the payment thereof of moneys appropriated therefor to the county 
treasurer of the county or chief fiscal officer of a city by which such pay- 
ments were made. 
§ 353. Qualifications of members of the board of visitors. At least two 
members of the board of visitors of such home shall be duly licensed physi- 
cians and at least two members shall be women. This provision shall not 
affect the offices of the present members; but appointments hereafter shall 
be so made as to comply herewith as soon as practicable. 
§ 354. Custody of property by the board of visitors; application and 
expenditure. The board of visitors of such home, as the agent of the depart- 
ment, is hereby authorized to take and hold, in the name of and for the 
people of the state, by grant, gift, devise or bequest, property to be applied 
for the benefit of the home or of any patient or patients therein. No such 
property shall be so held or taken except with the approval of the state com- 
missioner of health, unless the rules of the commissioner otherwise provide. 
Property so taken and held shall be applied or expended, for the purpose 
specified by the donor, subject to the rules of the commissioner. The expen- 
diture of moneys derived from any such source, including income, shall be 
under the immediate direction of the treasurer of the home, except as such 
rules otherwise provide. 
§ 355. Establishment and objects of New York State Hospital for the 
Treatment of Incipient Pulmonary Tuberculosis. The New York State Hos- 
pital for the Treatment of Incipient Pulmonary Tuberculosis, at Ray Brook, 
is hereby continued for the care and treatment of persons suffering from 
incipient pulmonary tuberculosis but no person shall be admitted to this 
ihospital who has not been a resident of the state for at least one year. 
§ 356. Admission of patients. Patients shall be admitted to the hospital 
in accordance with rules to be established by the state commissioner of 
health, but such rules shall provide that preference in the admission of 
patients shall be given to those unable to pay for their care in private 
institutions. 
At least once in each month the superintendent of the hospital shall fur- 
nish to the state comptroller and to the local authorities of each county, 
city or town, as the case may be, having charge of the relief of the poor, a 
list of all the free patients in the hospital that were received from said 
locality during the preceding month. He shall accompany such list with 
a bill of necessary charges covering items of expense of transportation of 
patients, fees of the examining physicians, and the actual cost of articles 
of clothing furnished by the hospital to such free patients at the time of 
admission which expenses shall be paid to the treasury of the hospital in the 
same manner as other expenses for the care of the poor are paid. The 
hospital may receive or collect from patients or persons responsible for the 
care of such patients moneys in payment wholly or in part for the care and 110 
The Public Health Law 
treatment of such patients in the hospital, subject to rules and regulations 
'established by the department in reference to such and shall 
transmit any moneys so received to the state treasury. 
§ 356-a. Designation of counties to be served by the tuberculosis hospital 
at Ray Brook; admission of patients. 1. The state commissioner of health 
is authorized to designate the counties to be served by the New York state 
hospital for the treatment of incipient pulmonary tuberculosis at Ray Brook 
for the same type of cases as are now provided for under article sixteen-a 
of this chapter. Any person who is a resident of a county so designated may 
apply in person to the superintendent of such hospital for admission, or 
he may apply to any reputable physician for examination, and if such 
physician advises that such person is suffering from tuberculosis in any 
form, the physician may apply to the superintendent of the hospital for 
the admission of such person thereto. The admission of and payment for 
expenses of all such patients shall be governed by the provisions of such 
article and the same rules and regulations of the commissioner as are estab- 
lished from time to time for admission into the other state tuberculosis 
hospitals referred to in such article. 
2. The superintendent may admit patients wrho are able to pay for their 
care and treatment from any county within the state, but he shall give 
preference to patients residing in the counties designated by the state com- 
missioner of health to be served by such hospital and who are unable to 
pay in whole or in part for their care and treatment. The superintendent 
also may admit to such state hospital patients from any public tuberculosis 
hospital within the state upon the request of the chief medical officer thereof, 
in order to permit such patients to receive the special medical or surgical 
care and treatment available at such state hospital which such other hospital 
is unable to provide. 
3. The provisions of this section shall not change or affect the present 
requirements for admission of incipient cases of pulmonary tuberculosis at 
the New York state hospital for the treatment of incipient pulmonary tuber- 
culosis at Ray Brook, (Added by L. 1938, ch. 628.) 
§ 357. Qualifications of members of the board of visitors. At least two 
members of the board of visitors of such hospital shall be fjhysicians duly 
licensed by the state of New York. 
§ 358. Lands. The lands to be held for the purposes herein mentioned 
shall not be taken for any street, highway, or railway without leave of the 
legislature. 
§ 359. Custody of property by the board of visitors; application and 
expenditure. The board of visitors of such hospital, as the agent of the 
department, may take and hold in trust for the state any grant or devise of 
land, or any gift or bequest of money or other personal property, or any 
donation, to be applied, principal or income, or both, to the maintenance and 
the general uses of the hospital. No such property shall be so taken or held 
except with the approval of the state commissioner of health, unless the 
rules of the commissioner otherwise provide. Property so taken and held 
shall be applied or extended subject to the rules of the commissioner. The 
expenditure of moneys derived from any such source, including income, shall 
be under the immediate direction of the treasurer of the hospital, except as 
such rules otherwise provide. 
§ 360. Qualifications of superintendent. The superintendent of the hos- 
pital shall be a physician, not a member of the board of visitors, a graduate 
of a legally chartered medical college, with administrative experience and 
experience in the diagnosis, care and treatment of persons suffering from 
pulmonary tuberculosis. State Institutions in the Department 
111 
§ 361. Aid to county tuberculosis hospitals. The superintendent shall give 
to superintendents of county tuberculosis hospitals courses in the diagnosis 
and treatment of tuberculosis and in hospital administration. The board 
and lodging of such superintendents of county hospitals, while actually in 
attendance at such courses, shall be charged as an expense of conducting 
said hospital. 
§ 362. Appointment and removal of boards of visitors. Subject to the 
other provisions of this chapter, each of said state institutions shall con- 
tinue to have a board of seven visitors, to be appointed by the governor by 
and with the advice and consent of the senate. The terms of office of such 
visitors shall be seven years, and they shall be so appointed that the terms 
of at least one of the members of such board shall expire on the first Tues- 
day of February of each year. All vacancies shall be filled by the governor 
in the same manner as original appointments, and the person appointed to 
fill a vacancy in the board of visitors of said institutions shall hold office 
for the remainder of the term of the person whom he succeeds. The governor 
may remove any member or members of a board of visitors for cause after 
an opportunity to be heard. This section shall not abridge the terms of 
the present members of such boards. 
§ 363. General powers and duties of boards of visitors. Boards of visitors, 
with respect to said institutions for which they are respectively appointed, 
shall have the powers and duties expressly conferred or imposed on them 
by this chapter and such other powers and duties not inconsistent with law, 
as may be prescribed by rules of the state commissioner of health. The 
visitors shall not receive any compensation for their services, but shall 
receive actual and necessary traveling and other expenses, to be paid after 
audit as other current expenditures of said institutions. Each such board 
shall, in October of each year, elect from among its members a president and 
secretary. The superintendents of said state institutions shall personally 
submit, at each monthly meeting of its board of visitors, a report showing 
changes in population, health of inmates, officers and employees; accidents, 
suicides, unusual sickness, infectious diseases; important occurrences relating 
to the welfare of the inmates and to the management and discipline of the 
employees, and such other matters as the board of visitors may specify. 
Each such board shall: 
1. Subject to such rules and the statutory powers of the commissioner, 
take care of the general interest of the institution and see that its design 
is carried into effect. 
2. Maintain an effective inspection of the institution, for which purpose 
the board, or a majority oft its members, shall visit and inspect the institu- 
tion at least once each month. Each board shall make a written report to 
the commissioner and to the governor within ten days after each inspection, 
such report to be signed by each member making the inspection. Such report 
shall state in detail the condition of the institution and of its inmates, 
and such other matters pertaining to the management and affairs thereof as 
in the opinion of the board of visitors should be brought to the attention of 
the commissioner of health or the governor, and may contain recommenda- 
tions as to needed improvement in the institution or in its management. 
Members of boards of visitors who fail to attend the meetings of their 
respective boards or fail to make such visitations for three successive months, 
shall be deemed to have vacated their membership in such boards of visitors, 
whereupon the governor shall fill the vacancies so created as provided by 
law, unless the absence of such visitors shall be excused by the governor. 
3. Keep in a book provided for that purpose, a fair and full record of 
their doings, which shall be open at all times to the inspection of the 
governor or of any person appointed by the governor or by either house of 112 
The Public Health Law 
the legislature, to examine the same, and of the state commissioner of health 
or his authorized representatives. 
4. Hold regular meetings at least once each month, and cause to be type- 
written within ten days after each such meeting, the minutes and proceed- 
ings of such meeting, and cause a copy thereof, to be sent forthwith to each 
member of the‘board of visitors, to the commissioner of health and to the 
governor. 
5. Enter in a book, kept at the institution for that purpose, the date of each 
visit of each visitor. 
6. Make to the state commissioner of health in January of each year, a 
detailed report of the results of their visits and inspection, with suitable 
suggestions and such other matters as may be required of them by the state 
commissioner of health for the year ending on the thirty-first day of December 
preceding the day of such report. Such report shall be prepared by a com- 
mittee of the board of visitors, subject to the approval of such board. 
7. Investigate, hear and ascertain the truth of all charges made against 
the superintendent or other officer or employee of the institution, issue sub- 
poenas, take and hear testimony in respect to such charges and make its 
recommendations thereon to the authority having the power to discharge 
or remove. A witness attending before such board shall be entitled to the 
same fees as a witness attending before a court of record or a judge thereof, 
which shall be paid as other institutional charges. The resident officers 
shall admit such visitors into every part of the institution and its buildings, 
and exhibit to them on demand all the books, papers, accounts and writings 
belonging to the institution, or pertaining to its business, management, dis- 
cipline or government, and furnish copies, abstracts and reports whenever 
required by them. (Amended by L. 1939, ch. 168, and L. 1941, ch. 42.) 
§ 364. Superintendents of institutions. There shall be a superintendent 
of each said state institution. Such superintendent shall be in the competitive 
class of the civil service, and shall be appointed by the state commissioner of 
health, whenever there is a vacancy. Such superintendent shall have the 
qualifications prescribed by law, or, if no such qualifications be prescribed, 
such qualifications as may be prescribed by the public health council. Before 
making the appointment, the commissioner of health shall give notice, by 
registered mail, to the members of the board of visitors, of his intended 
action, naming the person whom he proposes to appoint and his place of resi- 
dence, and shall specify a day, not less than ten days from the mailing of the 
notice, before which the board of visitors may submit to the state commis- 
sioner of health the objections of the board of visitors, if any, to such 
appointment; and the person named shall not be appointed before such day, 
except in the case of an express approval by the tboard of visitors. Superin- 
tendents of said institutions now in office are continued in office, subject to 
removal in the manner provided in this section. The superintendent may be 
removed by the state commissioner of health for cause stated in writing, 
after an opportunity has been given the superintendent to be heard thereon, 
and such action by such commissioner shall be final. The board of visitors, 
however, shall be notified of any such hearing and its members be given 
an opportunity to be heard thereat. Pending the investigation by the state 
commissioner of health or board of visitors of any charges against a super- 
intendent, the commissioner may suspend such superintendent. The state 
commissioner of health may prefer charges of misconduct or incompetency 
against any superintendent to the board of visitors, and the board of visitors 
shall thereupon investigate the truth of such charges and make its recom- 
mendations thereon to the commissioner or the commissioner may investi- 
gate, or cause the head of a division to investigate any charges of like nature 
made to the commissioner, and for that purpose the investigating authority 
may subpoena witnesses and take and hear testimony. State Institutions in the Department 
113 
§ 305. Powers and duties of the superintendent, generally. Subject to 
rules of the state commissioner of health, the superintendent of each such 
state institution shall have the management of the institution and, except 
as otherwise provided with respect to the treasurer, shall appoint all sub- 
ordinate officers of the institution; and they shall be removable by him in 
accordance with the civil service law and rules. In other respects, the super- 
intendent shall have the powers and duties prescribed by law for the super- 
intendent of the institution under his charge, to be exercised and performed, 
however, subject to rules of the state commissioner of health. Nothing in 
this chapter shall prevent the adoption by any superintendent of rules per- 
taining to duties of officers and employees of the institution under his charge 
or for the internal government, discipline and management of the institution, 
consistent with rules of the state commissioner of health, but any such 
rule of the superintendent shall be subject to revocation or suspension by the 
state commissioner of health. 
§ 365-a. Designation of employees as special policemen; powers and duties. 
The superintendent of each state institution in the department may designate 
attendants or other employees to act as special policemen whose duty it 
shall be under the orders of the superintendent to fully protect the grounds, 
buildings and patients of the institution and to eject therefrom disorderly 
persons. Such attendants and employees, acting as policemen, shall possess 
all the powers of peace officers on the grounds and premises and to the extent 
of one hundred yards beyond such grounds. The designation of such attendants 
and employees as special policemen, in pursuance hereof, shall not be deemed 
to supersede, on the grounds and premises of such institution, the authority 
of peace officers of the jurisdiction within which such institution is located. 
(Added by L. 1940, ch. 106.) 
§ 3C6. Treasurers of institutions; powers and duties. Each such state 
institution shall have a treasurer. The state commissioner of health ma}T 
appoint such an officer for such institutions, but the superintendent of an 
institution shall be its treasurer if such an appointment is not made, or 
pending an appointment to fill a vacancy, and he shall perform the duties 
of treasurer during the absence or disability of the person, if any, so 
appointed. Subject to rules and regulations of such state commissioner of 
health, the treasurer shall, 
1. Receive and have the custody of all moneys of the institution from 
whatever sources derived, except as otherwise provided in this chapter, and 
keep an accurate account thereof and have custody of all moneys, securities 
and obligations belonging to the institution. 
2. Deposit in his name as treasurer, in a bank approved by the comp- 
troller, all such moneys, and transmit each month to the comptroller, to 
the division of standards and purchase in the executive department and to 
the state commissioner of health, a statement showing the amount received 
and deposited, from whom and for what received and when such deposits 
were made. Such statement of deposits shall be certified by the proper 
officer of the bank receiving such deposits. The treasurer shall make an 
affidavit to the effect that the sum so deposited is all the money received 
by him from any source of institution income to the date of the last deposit 
appearing on such statement. 
3. Pay out the money deposited for the uses of the institution upon the 
voucher of the steward. Where the treasurer is a person other than the 
superintendent, said voucher shall be countersigned by the superintendent. 
4. Keep full and accurate account of all receipts and payments in the 
manner and according to books and forms prescribed by the state commis- 
sioner of health. 114 
The Public Health Law 
5. Balance all accounts on his books annually, for the preceding fiscal 
year, and make a statement thereof and an abstract of the receipts and 
payments for such year and transmit the same to the state commissioner of 
health on or before the following fifteenth day of August. 
6. Render an account of the state of the books and of the funds and property 
in his custody, whenever required by the state commissioner of health, 
7. Perform such other duties as the state commissioner of health may 
require. 
§ 366-a. Use of laboratory service by municipal and county officials. 
Subject to the approval of the state commissioner of health, the superin- 
tendent of any such state institution may enter into a contract with proper 
municipal or county officials under which the laboratory service of such insti- 
tution may be made available to municipalities or counties or parts thereof 
when in his judgment such a contract will be in the interest of public health 
and not prejudicial to the interest of the institution or its works. The treas- 
urer of such institution shall receive all moneys paid in consideration of 
such contract and pay the same into the general fund of the state. (Added 
by L. 1944, ch. 769.) 
§ 367. Oaths and bonds. Each visitor, superintendent and treasurer of 
such state institutions shall take the constitutional oath of office. The 
treasurer of each such institution shall give a bond in such amount as the 
comptroller may direct. An additional bond or bonds may be required at any 
time of a treasurer who disburses money accruing from gifts to secure his 
faithful discharge of that duty. The costs of any such bond shall be paid 
from funds appropriated to the use of the institution. 
§ 368. Admission to institutions. Subject to the provisions of this chapter 
relative to the said state institutions the department may establish rules and 
regulations governing the admission of inmates to such institutions. If in 
the judgment of its superintendent the number of inmates of any such insti- 
tution at any time so far exceeds its proper capacity that suitable care, 
training or discipline cannot be given to additional inmates, or for other 
reasons the admission of such additional inmates, is impracticable, the state 
commissioner of health, in his discretion, may suspend the admission of 
inmates to such institution until such time as they may properly be admitted. 
The commissioner of health shall promptly notify courts and other public 
officers empowered to commit persons to such institutions of any such sus- 
pension of admission and of its termination. A person committed to such 
institution before the court receives notice of such a suspension may be 
recommitted to another institution to which he or she might have been law- 
fully committed in the first instance. 
In the admission of inmates to the said state institutions the several 
counties and the city of New York shall, so far as practicable, be entitled 
to have in such institutions inmates in the ratio which their respective 
populations bear to the population of the state as ascertained by the latest 
federal census. 
ARTICLE XX 
Vital statistics 
(Added by L. 1913, ch. 619) 
Section 370. Registration of births and deaths ;f duties of state depart 
ment of health. 
371. Duties of state commissioner of health as to vital statistics. 
t See Domestic Relations Law for marriages. Vital Statistics 
115 
372. Registration districts. 
373. Registrar of vital statistics. 
374. Correction of defective registration. 
375. Permits for burial or removal of dead bodies. 
376. Registration of stillborn children. 
377. Certificate of death. 
378. Registration of deaths occurring without medical attendance. 
379. Duties of undertaker. 
380. Duties of undertakers; interment within the state. 
381. Interments. 
382. Registration of births. 
383. Certificate of birth. 
383-a. [Certificate; statement as to blood test.] 
384. Registration of name of child subsequent to filing of birth 
certificate. 
385. Registration of physicians, midwives, and undertakers. 
386. Registration of persons in institutions. 
387. Records to be kept by state commissioner of health. 
388. Certified copies of birth certificates evidence of age. 
389. District records to be kept by registrar. 
390. Fees of registrar for the prompt and correct return and filing 
of birth and death certificates. 
391. Certified copies of records; certifications of birth; state com- 
missioner of health to furnish. 
391-a, Refund of fees. 
392. Penalties. 
393. Enforcement. 
394. Exemptions. 
§ 370. Registration of births and deaths; duties of state department of 
health. The state department of health shall have charge of the registration 
of births and deaths, shall provide the necessary instructions, forms and 
blanks for obtaining and preserving such records, and shall procure the 
faithful registration of the same in each primary registration district as 
constituted by this article and in the division of vital statistics at the 
capital of the state. The said department shall be charged with the uni- 
form and thorough enforcement of this article throughout the state and 
shall from time to time recommend any additional legislation that may be 
necessary for this purpose. The public health council may establish such 
rules and regulations supplementary to the provisions of this article and not 
inconsistent therewith, as it may deem necessary from time to time, in 
relation to the registration of births and deaths. Such rules and regulation? 
shall be observed by all authorities upon whom duties are imposed by this 
article in connection with the registration of births and deaths. 
§ 371. Duties of state commissioner of health as to vital statistics. The 
state commissioner of health shall have general supervision of vital statistics. 
Offices shall be provided which shall be suitably equipped for the permanent 
and safe preservation of all records received or made under the provisions 
of this article. (Amended by L. 1944, eh. 298.) 
§ 372. Registration districts. The state shall be divided into registration 
districts as follows: Each city, each incorporated village, and each town, 
shall constitute a primary registration district, provided that the state com- 
missioner of health may combine two or more primary registration districts 
or divide one registration district into two or more primary districts to 
facilitate registration and he may establish any state hospital, charitable, or 116 
The Public Health Law 
penal institution as a primary district. When a district is divided into two 
or more primary registration districts, the appointment of a registrar for 
each shall be made by the same appointing authority which had jurisdiction 
over the original district, excepting in the instance of a state hospital, chari- 
table, or penal institution, the registrar for which shall be the superintendent 
or person in charge as provided in section three hundred and seventy-three 
of this chapter. When two or more primary districts are combined, the 
registrar for such combined district shall be appointed at a joint session of 
the authorities which heretofore made the appointment of registrars of the 
original districts. 
Remuneration and expenses of the registrars of districts which have been 
divided into two or more primary registration districts shall be paid by 
the municipality comprising the original district, except that the registrar 
of a state hospital, charitable, or penal institution shall receive no addi- 
tional remuneration for acting as registrar. 
Remuneration and expenses of registrars of combined districts shall be paid 
by the municipalities comprising such districts in proportion as each would 
be required to compensate a separate registrar for its own district, except 
that when such combined districts coincide with a consolidated health 
district the remuneration and expenses of the registrar shall be paid by the 
consolidated health board of such district as provided by section twenty of 
chapter three of the public health law. (Amended by L. 1917, ch, 321, L. 1919, 
ch. 213, and L. 1925, ch. 367.) 
§ 373. Registrar of vital statistics. In each primary registration district 
there shall be a registrar of vital statistics. Qualifications of registrars of 
vital statistics hereafter appointed may be prescribed by the public health 
council, and no licensed undertaker, or licensed embalmer, and no person 
employed in the business of embalming or undertaking, shall be eligible for 
appointment as a registrar of vital statistics, deputy registrar or subregistrar. 
A local health officer shall be eligible for appointment as registrar of vital 
statistics and if so appointed he shall serve as registrar of vital statistics 
without additional remuneration therefor. In towns and villages the regis- 
trar or registrars of vital statistics shall be appointed by the town board 
and by the village board of trustees respectively; a local town clerk shall 
be eligible for appointment as registrar of his town and of any village wholly 
within said town in which he has an office, and a village clerk shall be eligible 
for appointment as registrar of his village and of any town in which he 
resides; in the cities, unless otherwise provided by the charter, the registrar 
or registrars of vital statistics shall be appointed by the mayor. In each 
primary registration district consisting of a state hospital, charitable or 
penal institution, the registrar shall be the superintendent or person in charge 
of such institution, provided, however, that he shall receive no additional 
remuneration for acting as such registrar. The term of office of a registrar 
of vital statistics, unless the charter of the city or village shall provide 
otherwise, shall be four years, except that in a town or village of the first 
class operating under the general town or village law the term of office of 
registrar of vital statistics shall be coterminous with the term of office of 
the town or village clerk, as the case may be. Each registrar of vital 
statistics shall hold office until his successor shall have been appointed and 
shall have qualified. Any registrar of vital statistics who in the judgment 
of the state commissioner of health fails or neglects to discharge efficiently 
the duties of his office as set forth in this article, or to make prompt and 
complete returns of births and deaths as required thereby, shall be forth- 
with removed by the state commissioner of health, and such other penalties 
may be imposed as are provided by this article. Each registrar of vital 
statistics shall immediately upon his acceptance of appointment as such, 
appoint a deputy whose duty it shall be to act in his stead in case of his Vital Statistics 
117 
absence or inability and such deputy shall in writing accept such appointment 
and be subject to all rules and regulations governing registrars. When it 
appears necessary for the convenience of the people in any district, the 
registrar is authorized, with the approval of the state commissioner of health, 
to appoint one or more suitable persons to act as subregistrars, who shall 
be authorized to receive birth and death certificates and to issue burial or 
removal permits in and for such portions of the district as may be desig- 
nated, and each such subregistrar shall note on each certificate over his 
signature the date of filing and shall forward all certificates to the local 
registrar of the district within three days, and in all cases before the third 
day of the following month; provided, however, that each such subregistrar 
shall be subject to the supervision and control of the state commissioner of 
health and may be by him removed for negle'ct or failure to perform his 
duty in accordance with the provisions of this act or the regulations of the 
public health council, and shall be subject to the same penalties for neglect 
of duty as the local registrar. 
The registrar, deputy registrar or subregistrar of vital statistics in any 
town shall be appointed by the town board, which may also provide either 
that the compensation shall be the fees provided by this article or stipulate 
a daily, monthly or annual salary. If a stipulated salary is fixed all fees 
collected by them in the discharge of their duties shall be the property of 
the town and be paid to the supervisor. (Amended by L. 1917, ch. 321, 
L. 1919, ch. 213, L. 1923, eh. 487, L. 1930, ch. 569, L. 1937, ch. 217, L. 1939, 
ch. 129, L. 1942, ch. 815, L. 1943, ch. 555, and L. 1944, ch. 303, effective 
January 1, 1945.) 
§ 374., Correction of defective registration. If defects be found in the regis- 
tration under the supervision of a registrar of vital statistics, the state 
commissioner of health shall notify such registrar that such defects must 
be corrected within ten days of the date of the notice. If such defects are 
not so corrected the state commissioner of health shall take control of such 
registration and of the records thereof, and enforce the rules and regulations 
in regard thereto and secure a complete registration in such district, and 
such control shall continue until the registrar of vital statistics shall satisfy 
the commissioner of health that he will make such record and registry com- 
plete as required by law and by the rules and regulations of the public 
health council. The expenses incurred by the state commissioner of health 
or his authorized representative while in control of such registration shall 
be a charge upon the city, town or village comprising the registration district. 
§ 375. Permits for burial or removal of dead bodies. The body of any 
person whose death occurs in this state or which shall be found dead therein 
shall not be interred, deposited in a vault or tomb, cremated or otherwise 
disposed of or removed from or into any registration district, or be tempo- 
rarily held pending further disposition more than seventy-two hours after 
death, unless a permit for burial, removal, or other disposition thereof shall 
have been properly issued by the registrar of vital statistics of the registra- 
tion district in which the death occurred or the body was found. No such 
burial or removal permit shall be issued by any registrar until, wherever 
practicable, a complete and satisfactory certificate of death has been filed 
with him as heretofore provided; except, however, that verbal permission 
to remove a body from or into a registration district within the state of 
New York may where circumstances require it be issued by the said registrar 
of vital statistics upon request by telephone of a licensed undertaker who 
holds a certificate of death signed by the attending physician or the health 
officer showing the death resulted from natural causes, and was not a result 
of accidental, suicidal, homicidal or other external causes. If it is not 
possible for the undertaker to communicate with the registrar by telephone, 118 
The Public Health Law 
verbal permission to remove a dead body under the same conditions as those 
prescribed for the registrar may be issued by the state commissioner of health 
or person authorized by him. When a dead body is transported from outside 
of the state into a registration district in this state for burial, the transit 
or removal permit issued in accordance with the law and health regula- 
tions of the place where the death occurred shall be given the same force and 
effect as the burial permit herein provided for. No registrar of vital statistics 
shall receive any fee for the issuance of burial or removal permits under 
this act other than the compensation provided in this article. Provided, 
however, that the state commissioner of health shall have power to pro- 
mulgate rules with reference to the removal of bodies of persons whose 
deaths occur on trains, boats or other carriers engaged in the transportation 
of persons within this state. (Amended by L. 1932, ch. 267, L. 1938, ch. 466, 
and L. 1943, ch. 176.) 
§ 376. Registration of stillborn children. A stillborn child shall be regis- 
tered as a birth and also as a death, provided, that a certificate shall not 
be required for a stillborn child whose period of uterogestation is less than 
five months. The state commissioner of health shall furnish a combined 
birth and death certificate for the recording of stillbirths to be used instead 
of the separate birth and death certificates. The medical certificate of the 
cause of death shall be signed by the attending physician, if any, and shall 
state the cause of death as “stillborn,” with the cause of the stillbirth, if 
known, whether a premature birth, and, if born prematurely, the period of 
uterogestation, in months, if known, and a burial or removal permit of the 
prescribed form shall be required. Midwives shall not sign certificates of 
death for stillborn children; but such cases, and stillbirths occurring without 
attendance of either physician or midwife shall be treated as deaths without 
medical attendance, as hereinafter provided in this article. (Amended by 
L. 1925, ch. 367, L. 1930, ch. 569, L. 1936, ch. 263, and L. 1943, ch. 14.) 
§ 377. Certificate of death. The certificate of death shall contain such 
information and in such form as the state commissioner of health may 
prescribe. 
The personal particulars called for shall be authenticated by the signature 
of the informant who may be any competent person acquainted with the facts. 
The statement of facts relating to the disposition of the body shall be 
signed by the undertaker or person in charge of the corpse. 
The medical certificate shall be made, dated and signed by the physician, 
if any, last in attendance on the deceased. Indefinite terms, denoting only 
symptoms of disease or conditions resulting from disease, shall not be held 
sufficient for the issuance of a burial or removal permit. Any certificate 
stating the cause of death in terms which the state commissioner of health 
shall have declared indefinite, shall be returned to the physician or person 
making the medical certificate for correction and more definite statement. 
(Amended by L. 1930, ch. 569.) 
§ 378. Registration of deaths occurring without medical attendance. In 
ease of any death occurring without medical attendance, it shall be the 
duty of the undertaker or other person to whose knowledge the death may 
come to notify the local health officer of such death, and when so notified 
the health officer shall immediately investigate and certify as to the cause 
of death; provided that if the health officer has reason to believe that the 
death may have been due to unlawful act or neglect he shall then refer 
the case to the coroner or other proper officer for his investigation and 
certification. The coroner or other proper officer whose duty it is to hold 
an inquest on the body of a deceased person, and to make the certificate of 
death required for a burial permit, shall state in his certificate the name Vital Statistics 
119 
of the disease causing death, or if from external causes, the means of death; 
whether probably accidental, suicidal or homicidal; and shall, in any case, 
furnish such information as may be required by the state commissioner of 
health in order properly to classify the death. 
§ 379. Duties of undertaker. In each case the undertaker, or person having 
charge of the corpse, shall file the certificate of death with the registrar of 
the district in which the death occurred and obtain a burial or removal permit 
prior to any disposition of the body. He shall obtain the- required personal 
and statistical particulars from a person qualified to supply them, over the 
signature and address of his informant. He shall then present the certificate 
to the attending physician, who shall forthwith fill out and sign the medical 
certificate of death, or to the health officer or coroner, for the medical cer- 
tificate of the cause of death and other particulars necessary to complete the 
record for the registration of deaths, as specified in this article, if no physi- 
cian was in attendance upon the deceased. He shall then state the facts 
required relative to the date and place of burial, cremation or removal, over 
his signature and with his address, and present the completed certificate to 
the registrar in order to obtain a permit for burial, removal or other disposi- 
tion of the body. The undertaker shall deliver the burial permit to the 
person in charge of the place of burial, before interring or otherwise dis- 
posing of the body; or shall attach the removal permit to the box containing 
the corpse, when shipped by any transportation company; said permit to 
accompany the corpse to its destination, where if within the state of New 
York, it shall be delivered to the person in charge of the place of burial. 
§ 380. Duties of undertakers; interment within the state. If the inter- 
ment, or other disposition of the body is to be made within the state, the 
wording of the burial or removal permit may be limited to a statement by 
the registrar, and over his signature, that a satisfactory certificate of death, 
having been filed with him, as required by law, permission is granted to 
inter, remove or dispose otherwise of the body, stating the name, age, sex, 
cause of death, and other necessary details upon the form prescribed by the 
commissioner of health. 
§ 381. Interments. No person in charge of any premises on which inter- 
ments or cremations are made shall inter or permit the interment or other 
disposition of any body unless it is accompanied by a burial, cremation or 
transit permit, as herein provided. Such, person shall endorse upon the 
permit, the date of interment, or cremation over his signature, and shall 
return all permits so endorsed to the registrar of his district within seven 
days from the date of interment or cremation. He shall keep a record of 
all bodies interred or otherwise disposed of on the premises under his charge, 
in each ease stating the name of each deceased person, place of death, date 
of burial or disposal, and name and address of the undertaker; which record 
shall at all times be open to official inspection; provided that the under- 
taker or person having charge of the corpse, when burying a body in a ceme- 
tery or burial ground having no person in charge, shall sign the burial or 
Removal permit, giving the date of burial, and shall write across the face 
of the permit the words “No person in charge/’ and file the burial or removal 
permit within three days with the registrar of the district in which the 
cemetery is located. 
§ 382, Registration of births. The birth of each and every child born in 
this state shall be registered within five days after the date of birth by 
filing with the registrar of the district in which the birth occurred a cer- 
tificate of such birth, which certificate shall be upon the form prescribed 
therefor by the state commissioner of health. In each case where a physi- 120 
The Public Health Law 
cian, midwife or person acting as midwife, was in attendance upon the 
birth, it shall be the duty of such physician, midwife or person acting as 
midwife, to file said certificate. In each eqse where there was no physician, 
midwife, or person acting as midwife, in attendance upon the birth, it shall 
be the duty of the father or mother of the child, the householder or owner 
of the premises where the birth occurred, or the manager or superintendent 
of the public or private institution where the birth occurred, each in the 
order named, within five days after the date of such birth, to report to the 
local registrar the fact of such birth. In such case and in case the physi- 
cian, midwife or person acting as midwife in attendance upon the birth is 
unable, by diligent inquiry, to obtain any item or items of information 
required in this article, it shall then be the duty of the registrar to secure 
from the person so reporting, or from any other person having the required 
knowledge, such information as will enable him to prepare the certificate 
of birth herein required, and it shall be the duty of the person reporting 
the birth or who will be interrogated in relation thereto to answer cor- 
rectly and to the best of his knowledge all questions put to him by the 
registrar which may be calculated to elicit any information needed to make 
a complete record of the birth as contemplated by this article, and it shall 
be the duty of the informant as to any statement made in accordance here- 
with to verify such statement by his signature, when requested so to do by 
the local registrar. 
The report of the finding of a child whose parents are unknown, filed 
by the commissioner of public welfare or by the city public welfare officer 
in accordance with the provisions of subdivision two of section three hun- 
dred ninety-eight of the social welfare law, shall constitute the birth record 
of such child. The district wherein such child was found shall be considered 
as the place of birth, and the date of birth shall be that determined by the 
commissioner of public welfare or by the city public welfare officer as the 
approximate date of birth. Provided, that if such child be subsequently 
identified, and it should appear that a certificate of birth for this child has 
either before or following identification been filed, as otherwise provided in 
this article, the report of the commissioner of public welfare or of the city 
public welfare officer shall be placed under seal by the state commissioner 
of health, such seal not to be broken except upon order of a court of com- 
petent jurisdiction. (Amended by L. 1937, ch. 391, and L. 1941, ch. 172.) 
§ 383. Certificate of birth. The certificate of birth shall contain such 
information and be in such form as the state commissioner of health may 
prescribe. There shall be no specific statement on the birth certificate as to 
whether the child is born in wedlock or out of wedlock or as to the marital 
name or status of the mother. 
The personal particulars called for shall be obtained from a competent 
person acquainted with the facts. If the child dies without a given name, 
there shall be entered in the space provided for the name the words “died 
unnamed.” If the living child has not yet been named at the date of 
filing the certificate of birth, the space for the given name of the child is 
to be left blank, to be filled out subsequently by a supplemental report, as 
hereinafter provided. 
The name of the putative father of a child born out of wedlock shall not 
be entered without his consent but the other particulars relating to the 
putative father may be entered. 
The certificate shall be signed by the attending physician or midwife, 
with date of signature and address; if there was no physician or midwife 
in attendance, then by the father or mother of the child, householder, owner 
of the premises, manager or superintendent of public or private institution 
where the birth occurred, or other competent person whose duty it shall be 
to notify the local registrar of such birth. Vital Statistics 
121 
The registrar shall enter the exact date of filing of the certificate in his 
office attested by his official signature and registered number of birth. 
(Amended by L. 1930, ch. 569, L. 1935, ch. 125, and L. 1936, ch. 854.) 
§ 383-a. [Certificate; statement as to blood test.]* In reporting every 
birth and stillbirth, physicians and others permitted to attend pregnancy eases 
and required to report births and stillbirths shall state on the birth cer- 
tificate or stillbirth certificate, as the case may be, whether a blood test for 
syphilis has been made during such pregnancy upon a specimen of blood 
taken from the woman who bore the child for which a birth or stillbirth 
certificate is filed. If such test has been made during pregnancy, those 
required to report births and stillbirths shall state the date on which the test 
was made. In addition to the information provided to be contained in each 
certificate of birth by section three hundred eighty-three of this chapter, every 
certificate of birth shall state whether such test was made during pregnancy 
or at delivery and in the ease where no blood test has been made such fact 
shall be reported together with the reason why such test has not been taken 
in compliance with the provisions of section eighteen-d of this chapter. In 
no event shall the birth certificate state the result of the test. (Added by 
L. 1938, ch. 133; amended by L. 1939, ch. 439.) 
§ 384. Registration of name of child subsequent to filing of birth certificate. 
When any certificate of birth of a living child is presented without the state- 
ment of the given name, the local registrar shall make out and deliver to 
the parents of the child a special blank for the supplemental report of the 
given name of the child, which shall be filled out as directed, and returned 
to the local registrar as soon as the child shall have been named. The given 
name, supplied by the supplemental report, shall be entered on the original 
birth certificate. (Amended by L. 1935, ch. 125.) 
§ 385. Registration of physicians, midwives, and undertakers. Every physi- 
cian, midwife and undertaker shall, on or before the day on which this 
article takes effect, register his or her name, address and occupation with 
the registrar of the district in which he or she resides, and shall so register 
in any district in which he or she may hereafter establish a residence or 
maintain an office; and shall thereupon be supplied by the registrar with a 
copy of this article together with such rules and regulation as may he 
prepared by the public health council relative to its enforcement. No fee 
or other compensation shall be charged by registrars to physicians, midwives 
or undertakers for registering their names as provided by this section. 
(Amended by L. 1925, ch. 367, and L. 1943, ch. 54.) 
§ 386. Registration of persons in institutions. All superintendents or 
managers or other persons in charge of hospitals, almshouses, lying-in or 
other institutions, public or private, to which persons resort for treatment 
of diseases or confinement, or to which persons are committed by process of 
law, shall make a record of all the personal and statistical particulars 
relative to the inmates in their institutions wdien this act takes effect; 
which are required in the forms of the certificate provided for by this article 
as directed by the state commissioner of health; and thereafter such record 
shall be by them made for all future inmates at the time of their admittance. 
In the case of persons admitted or committed for treatment of disease, the 
physician in charge shall specify for entry in the record, the nature of the 
disease, and where, in his opinion, it was contracted. The personal particu- 
lars and information required by this section shall he obtained from the 
individual himself if it is practicable to do so; and when they cannot be 
* Section beading inserted by editor. 122 
The Public Health Law 
so obtained, they shall be obtained in as complete a manner as possible from 
relatives, friends, or other persons acquainted with the facts. 
§ 387. Records to be kept by state commissioner of health. The state com- 
missioner of health shall prepare, print, and supply to all registrars all 
blanks and forms used in registering, recording and preserving the returns, 
or in otherwise carrying out the purposes of this article, and shall prepare 
and issue such detailed instructions, not inconsistent with the regulations 
established by the public health council, as may be required to procure the 
uniform observance of its provisions and the maintenance of a perfect system 
of registration; and no other blanks shall be used than those supplied by 
the state commissioner of health. He shall carefully examine the certificates 
received monthly from the registrars, and if any such are incomplete or 
unsatisfactory he shall require such further information to be supplied as 
may be necessary to make the record complete and satisfactory. All physi- 
cians, midwives, undertakers or informants, and all other persons having 
knowledge of the facts, are hereby required to supply, upon a form pro- 
vided by the state commissioner of health or upon the original certificate, 
such information as they may possess regarding any birth or death upon 
demand of the state commissioner of health, in person, by mail, or through 
the registrar; provided that no certificate of birth or death, after its 
acceptance for registration by the registrar, and no other record made in pur- 
suance of this article, shall be altered or changed in any respect otherwise 
than by amendments properly dated, signed and witnessed. 
A new certificate of birth shall be made whenever; (a) proof is submitted 
to the state commissioner of health that the previously unwed parents of a 
person have intermarried subsequent to the birth of such person; (b) noti- 
fication is received by or proper proof is submitted to the state commis- 
sioner of health by the clerk of a court of competent jurisdiction or the 
parents, or their attorneys, or the person himself, of a judgment, order or 
decree relating to the parentage or adoption of such person regardless of the 
place of birth of such person. 
On every new certificate of birth made because of adoption a notation 
“by adoption” shall be entered. 
When a new certificate of birth is made the state commissioner of health 
shall substitute such new certificate for the certificate of birth then on file, 
if any, and shall notify the registrar of the district in which the birth 
occurred that a new certificate of birth has been made and such fact shall 
be noted on the copy of the certificate of birth there on file, if any. The 
state commissioner of health shall place the original certificate of birth and 
all papers pertaining to the new certificate of birth under seal. Such seals 
shall not be broken except by order of a court of competent jurisdiction. 
Thereafter when a certified copy of the certificate of birth of such a person 
is issued, it shall be a copy of the new certificate of birth, except when an 
order of a court of competent jurisdiction shall require the issuance of a 
copy of the original certificate of birth. 
The state commissioner of health shall arrange, and permanently preserve 
the certificates in a systematic manner, and shall prepare and maintain a 
comprehensive and continuous typewritten or printed index of all births 
and deaths registered; said index to be arranged, in the case of deaths, by 
the names of decedents, and in the case of births, by the names of fathers or 
mothers if the names of the fathers do not appear. He shall inform all 
registrars what diseases are to be considered infectious, contagious, or com- 
municable and dangerous to the public health, as decided by the public health 
council and when deaths occur from such diseases the registrar shall forth- 
with report to the local health officer, on a form provided for the purpose, 
the name, age, and address of the deceased, together with the disease, and Vital Statistics 
123 
the name of the physician who has certified the cause of death, so that proper 
precautions may be taken to prevent their spread. (Amended by L. 1922, 
ch. 415, L. 1925, ch. 367, L. 1930, ch. 854, L. 1937, ch. 391, L. 1939, chs. 150 
and 544, L. 1941, ch. 42, and L. 1944, ch. 589.) 
§ 388. Certified copies of birth certificates evidence of age. Certified copies 
of birth certificates, or of statements based on duly registered certificates of 
birth shall be accepted by public school authorities in this state as prima 
facie evidence of age of children, registering for school attendance, and by 
the legally constituted authorities as prima facie proof of age for the issuance 
of employment certificates, provided that when it is not possible to secure 
such certified copy of birth registration certificate for any child, the school 
authorities may accept as secondary proof of age any of the kinds of evi- 
dence specified in the labor law. 
§ 389. District records to be kept by registrar. Each registrar shall sup- 
ply blank forms of certificates to such persons as require them. Each 
registrar shall carefully examine each certificate of birth or death when 
presented for record in order to ascertain whether or not it has been made 
out in accordance with the provisions of this act and the instructions of 
the state commissioner of health; and if any certificate of death is incom- 
plete or unsatisfactory, it shall be his duty to call attention to the defects 
in the return, and he may withhold the burial or removal permit until such 
defects are corrected. All certificates, either of birth or death, shall be 
written legibly, in durable black ink, and no certificate shall be held to be 
complete and correct that does not supply all of the items of information 
called for therein, or satisfactorily account for their omission. If the cer- 
tificate of death is properly executed and complete, he shall then issue a 
burial or removal permit to the undertaker; provided, that in case the death 
occurred from some disease which is held by the public health council to be 
infectious, contagious, or communicable and dangerous to the public health, 
no permit for the removal or other disposition of the body shall be issued 
by the registrar, except to an undertaker licensed in accordance with the 
provisions of article fourteen of the public health law, under such condi- 
tions as may be prescribed by the state public health council. If a certifi- 
cate of birth is incomplete, the local registrar shall immediately notify the 
person who signed the record, and require him to supply the missing items 
of information if they can be obtained. 
He shall number consecutively the certificates of birth and death, in two 
separate series, beginning with the number one for the first birth and the 
first death in each calendar year, and sign his name as registrar in attest 
of the date of filing in his office. He shall also make a complete and accurate 
copy of each birth and each death certificate registered by him in a record 
book supplied by the state commissioner of health, and shall file the permit 
for each burial or cremation in his district, to be preserved permanently 
in his office as the local record, in such manner as directed by the state 
commissioner of health. 
Within ten days after receiving the certificate of birth he shall furnish 
without charge to the parents or guardian of the child or to the mother at 
the address designated by her for the purpose, a certificate of registration, 
to be made out on a form furnished by the state commissioner of health. 
A certificate of registration shall be accepted by public authorities in this 
state for the purposes indicated in section three hundred and eighty-eight 
of this chapter in the same manner as certified copies of birth certificates. 
The local registrar shall also make a notation on his copy of the original 
birth certificate indicating the date of issuance of such certificate of 
registration. 124 
The Public Health Law 
Upon request a certification of birth or a verified transcript of a death 
record shall be issued by the registrar under regulations prescribed by the 
state commissioner of health. A certification of birth shall contain only the 
name, sex, date of birth, place of birth, and date of filing of the certificate 
of birth of the person to whom it relates and none of the other data on the 
certificate of birth. A verified transcript of a birth record shall be issued 
only upon order of a court of competent jurisdiction or upon a specific 
request therefor by the person, if of age, or by a parent or other lawful 
representative of the person to whom the record of birth relates. The 
registrar shall be entitled to a fee of fifty cents for each certification of birth 
and fifty cents for each verified transcript of any record of a birth or of 
a death furnished by him to an applicant and he may charge a fee of 
twenty-five cents for a search of his files, except that no fee shall be charged 
for a search, certification of birth or verified transcript of a birth or a death 
record to be used for school entrance, employment certificate or for pui’poses 
of public relief or government compensation. 
All fees for searches, certification and verified transcripts collected by a 
registrar of vital statistics in a state hospital, charitable or penal institu- 
tion shall be transmitted by him to the executive department, having juris- 
diction, management and control of such hospital or institution, to be* paid 
into the state treasury as provided by section thirty-seven of the state 
finance law. 
Any copy of the record of a birth or of a death or any certificate of 
registration of birth or any certification of birth, when properly certified 
by the local registrar, shall be prima facie evidence of the facts therein 
stated in all courts and places and in all actions, proceedings, or applica- 
tions, judicial, administrative or otherwise, and any such certificate of 
registration of birth or any such certification of birth shall be accepted 
with the same force and effect with respect to the facts therein stated as 
the original certificate of birth or a certified copy thereof. 
He shall, on the fifth day of each month, unless otherwise ordered by the 
state commissioner of health as provided in this section, transmit to the 
state commissioner of health all original certificates, including reports of 
foundlings, as required by section three hundred ninety-eight of the social 
welfare law, registered by him for the preceding month, and also any 
delayed certificates registered by him during the month. If no births or 
no deaths occurred in any month, he shall on the fifth day of the following 
month, unless otherwise ordered by the state commissioner of health as 
provided in this section, report that fact to the state commissioner of 
health on a card provided for such purpose. When the state commissioner 
of health shall have so ordered, each registrar shall transmit forthwith to 
the county health commissioner or to the district state health officer of the 
respective county or state health district in which such registrar’s primary 
district is included, all original birth, still-birth and death certificates which 
have been registered in such primary registration district. Each county 
health commissioner and each district state health officer shall on the tenth 
day of each month transmit to the state commissioner of health all original 
certificates and reports received by him from such registrars in such county 
or state health district, for the preceding month, and also any delayed 
certificates received by him during the month. 
*In any town where the compensation of the registrar, deputy registrar 
or subregistrar is fixed by a stipulated salary, all fees collected by them in 
the discharge of their duties shall be the property of the town and be paid 
to the supervisor. (Amended by L. 1919, ch. 213, L. 1922, ch. 415, L. 1924, 
ch. 168, L. 1925. ch. 367, L. 1932, eh. 93, L. 1935, eh. 125, L. Ip36, chs. 263 
♦ So in original. [This paragraph probably should be paragraph 5 of this section,] Vital Statistics 
125 
and 854, L. 1937, ch. 391, L. 1939, ch. 150, L. 1941, ehs. 172 and 330, L. 1943, 
ch. 555, and L. 1944, ch. 303, effective January 1, 1945.) 
§ 390. Fees of registrar for the prompt and correct return and filing of 
birth and death certificates. Except as hereinbefore otherwise provided each 
registrar shall be paid the sum of fifty cents and each physician and each 
midwife shall be paid the sum of twenty-five cents for each birth certificate 
properly and completely made out and registered and twenty-five cents for 
each death certificate properly and completely made out in accordance with 
the international list of causes of death and returned and filed with the 
registrar and correctly recorded and promptly returned by him to the state 
commissioner of health, as required by this article; provided that the 
registrar shall be paid the sum of fifty cents for recording each stillbirth. 
And in case no births or no deaths were registered during any month, the 
local registrar shall report to that effect. Each local registrar shall be paid 
the sum of two dollars for a complete monthly report to be transmitted on 
the fifth day of the following month to the state commissioner of health on 
such form as may be provided or required by the commissioner. All amounts 
payable to the local registrar under the provisions of this article shall be 
paid by the municipality comprising the registration district, upon certifica- 
tion by the state commissioner of health and all amounts payable to physicians 
and midwives shall be certified to by the local registrar annually and paid 
to said physicians and midwives by said municipality. The state commis- 
sioner of health shall annually certify to the municipality the number of 
births and deaths properly registered, and of complete monthly reports 
promptly transmitted, with the name of the local registrar and the amount 
due him at the rate fixed herein. In addition thereto the local registrar shall 
be paid his actual and necessary expenses and a fee of twenty-five cents for 
each burial, removal or transit permit issued by him. A village clerk, unless 
the charter of the village provides otherwise, or a town clerk serving as 
registrar of vital statistics shall be entitled to the fees provided in this 
section. 
In any town where the compensation of the registrar, deputy registrar or 
subregistrar is fixed by the town board at a stipulated salary, the provisions 
herein as to the payment of fees or as to the certification by the state 
commissioner of health shall not applv. (Amended by L. 1915, ch. 385, 
L. 1917, ch. Ill, L. 1919, ch. 213, L. 1925, ch. 367, L. 1929, eh. 367, L. 1931, 
ch. 265, L. 1935, chs. 125 and 462, L. 1937, ch. 217, L. 1943, ch. 555, and 
L. 1944, ch. 303j effective January 1, 1945.) 
§ 391. Certified copies of records; certifications of birth; state commissioner 
of health to furnish. The state commissioner of health or person authorized 
by him shall, upon request, supply to any applicant a certified copy of the 
record of any death registered under the provisions of this act, unless he is 
satisfied that the same does not appear to be necessary or required for 
judicial or other proper purposes. He shall be entitled to a fee of one 
dollar for each certified copy of a record of any birth or death to be paid 
by the applicant. 
He shall issue certified copies of birth certificates or certifications of births 
under the following conditions: 1. A certified copy of the certificate 
of birth shall be issued only upon order of a court of competent jurisdiction 
or upon a specific request therefor by the person, if of age, or by a parent 
or other lawful representative of the person to whom the record of birth 
relates or by a department of a state or the federal government. 
2. Upon request in all other cases, a certification of birth shall be issued 
by the state commissioner of health unless in his judgment it does not appear 
to be necessary or required for a proper purpose. A certification of birth 
shall contain only the name, sex, date of birth and place of birth of the 126 
The Public Health Law 
person to whom it relates and none of the other data on the certificate of 
birth provided that additional information may be furnished whenever 
required for genealogical purposes. The state commissioner of health shall 
be entitled to a fee of fifty cents for each certification of birth furnished 
by him to an applicant. For any search of the files and records when no 
certified copy is made, or no certification of birth is issued, the state com- 
missioner of health shall be entitled to a fee of fifty cents for each hour or 
fractional part of an hour of time of search, said fee to be paid by the 
applicant. 
Any copy of the record of a birth or death or any certification of birth, 
when properly certified by the state commissioner of health or persons 
authorized to act for him shall be prima facie evidence in all courts and 
places of the facts therein stated. 
The United States census bureau may obtain, without expense to the state, 
transcripts of birth and death certificates without payment of fee here pre- 
scribed for use solely as statistical data. 
The United States social security board may obtain, without expense to 
the state, information from death certificates needed in the administration of 
old-age and survivors insurance benefits laws. 
No fee shall be charged for a search, certification or certified copy of a 
record to be used for school entrance, employment certificate or for purposes 
of public relief. Except as herein otherwise provided, the state commissioner 
of health is authorized to establish rules and regulations whereby searches 
may be made and certifications and certified copies furnished without fees to 
federal, state and municipal departments for official purposes. 
If at any time after the birth, or within one year of the death of any 
person within the state, a certified copy of the official record of said birth 
or death with the information required to be registered by this act, be 
necessary for legal, judicial, or other proper purposes, and, after search by 
the state commissioner of health or his representative, it should appear that 
no such certificate of birth or death was made and filed as provided by this 
act, then the state commissioner of health shall immediately require the 
physician, or midwife, who, being in attendance upon a birth since the date 
of the taking effect of this act, failed or neglected to file a certificate thereof 
or the undertaker, or other person who having charge of the interment or 
removal of the body of a deceased person since the date of the taking effect 
of this act, failed or neglected to file the certificate of death, if he or she be 
living to obtain and file at once with the local registrar such certificate in 
as complete form as the lapse of time will permit. 
With said certificate shall be filed such sworn statements, affidavits and 
other evidence as may be required by the state commissioner of health. The 
delinquent physician, midwife, undertaker, or other person may, in the 
discretion of the state commissioner of health be prosecuted as required by 
this article, without bar from the statute of limitations, if he or she shall 
neglect or fail to file promptly the certificate required by this section. If 
the physician, midwife, or undertaker responsible for the report, is deceased 
or cannot be located, then the person making application for the certified copy 
of the record may file such certificate of birth or death together with such 
sworn statements, affidavits and other evidence as the state commissioner 
of health may require. The state commissioner of health shall file such 
certificate and issue a certified copy thereof to said applicant without fee. 
The state commissioner of health shall keep a true and correct account of 
all fees by him received under this section, and pay the same into the state 
treasury, as provided in section thirty-seven of the state finance law, 
(Amended by L. 1921, ch. 398, L. 1925, ch. 367, L. 1932, ch. 113, L. 1936, 
eh. 854, L. 1937, ch. 391, L. 1939, ch. 150, L. 1940, ch. 501, and L. 1943, eh. 17.) Vital Statistics 
127 
§ 391-a. Refund of fees. Moneys received pursuant to this article may 
within one year from the receipt thereof be refunded on proof satisfactory 
to the commissioner that such moneys were in excess of amounts required 
by law. Such refund shall after audit by the comptroller be paid by the 
commissioner from any moneys in the custody of the commissioner received 
pursuant to this article. (Added by L. 1940, ch. 501.) 
§ 392, Penalties. Any person, who for himself or as an officer, agent, or 
employee of any other person, or of any corporation or partnership, shall 
inter, cremate, or otherwise finally dispose of the dead body of a human 
being, or permit the same to be done, or shall remove said body from the 
primary registration district in which the death occurred or the body was 
found, without the authority of a burial or removal permit issued by the 
local registrar of the district in which the death occurred, or in which the 
body was found; or shall refuse or fail to furnish correctly any information 
in his possession, or shall furnish false information affecting any certificate 
or record, required by this article; or shall wilfully alter, otherwise than is 
provided by this article, or shall falsify any certificate of birth or death, or 
any record established by this article; or being required by this article to 
fill out a certificate of death and file the same with the local registrar, or 
deliver it, upon request, to any person charged with the duty of filing the 
same, shall fail, neglect or refuse to perform such duty in the manner 
required by this article; or being a registrar, deputy registrar, or subregis- 
trar, shall fail, neglect or refuse to perform his duty as required by this 
article and by the instructions and direction of the state commissioner of 
health thereunder, shall be deemed guilty of a misdemeanor and upon con- 
viction thereof shall for the first offense be fined not less than five dollars 
nor more than fifty dollars and for each subsequent offense not less than 
ten dollars, or more than one hundred dollars or be imprisoned in the county 
jail not more than sixty days, or be both fined and imprisoned in the dis- 
cretion of the court. Whenever any physician, midwife, or other person 
shall fail or neglect to properly record and file a certificate of birth as 
required by this article such person shall be liable to a penalty of not less 
than five dollars nor more than fifty dollars for the first and second offenses, 
which penalty may be recovered by an action brought by the state commis- 
sioner of health in any court of competent jurisdiction, and for every subse- 
quent offense, such person shall be guilty of a misdemeanor, punishable by 
a fine of not less than ten nor more than one hundred dollars, or by imprison- 
ment for not more than sixty days, or both. (Amended by L. 1916, ch. 58.) 
§ 393. Enforcement. Each registrar is hereby charged with the strict and 
thorough enforcement of the provisions of this article, in his registration 
district, under the supervision and direction of the state commissioner of 
health. He shall make an immediate report to the state commissioner of 
health of any violation of any provision of this article coming to his knowl- 
edge, by observation or upon complaint of any person, or otherwise. 
The state commissioner of health is hereby charged with the thorough and 
efficient execution of the provisions of this article in every part of the state, 
and is hereby granted supervisory power over registrars, deputy registrars, 
and subregistrars, to the end that all of its requirements shall be uniformly 
complied with. The state commissioner of health, either personally or by 
an accredited representative, shall have authority to Investigate cases of 
irregularity or violation of law, and all registrars shall aid him, upon 
request, in such investigations. When he shall deem it necessary, he shall 
report cases of violation of any of the provisions of this article to the 
district attorney of the county, with a statement of the facts and circum- 
stances; and when any such case is reported to him by the state commis- 
sioner of health, the prosecuting attorney shall forthwith initiate and 128 
The Public Health Law 
promptly follow up the necessary court proceedings against the person or 
corporation responsible for the alleged violation of law. Upon request of 
the state commissioner of health, the attorney-general shall assist in the 
enforcement of the provisions of this article. 
§ 394. Exemptions, Nothing in this article shall be construed to affect, 
alter, or repeal laws now in force applying to the city of New York. 
ARTICLE XXI 
County mosquito extermination commission* 
(Added by L. 1916, ch. 408) 
Section 400. Establishment; appointment of commissioners. 
401. Chairman of board of supervisors ex officio member. 
402. The state commissioner of health to appoint one member of 
such commission. 
403. Members to serve without compensation. 
404. Commissions; terms of office. 
405. Official oath; officers. 
406. Commission a body corporate and politic; powers. 
407. Secretary of commission; salary. 
408. Clerks and assistants. 
409. Duties of clerks and assistants. 
409-a. Accumulation of water a miisanee. 
410. Powers and duties of commission. 
411. Publication of notice of entry, claims, damages and payments. 
412. Estimate of annual requirements; power and duty of state 
health commissioner. 
413. Powers and duties of board of supervisors. 
414. Disbursements by county treasurer. 
415. Annual report. 
416. Reservation of powers. 
417. Temporary provision for nineteen hundred and sixteen. (Re- 
pealed.) 
418. Obstructions; interferences. 
§ 400. Establishment; appointment of commissioners. In a county of the 
state of New York, adjacent to a county which contains not more than three 
towns and which is adjacent to a city of the first class, having a population 
of over three million, the board of supervisors shall act as the appointing 
board. The appointing board shall be known as “The (here shall be inserted 
the name of the county in and for which such appointing board shall act) 
County Board” for the appointment of a county mosquito extermination com- 
mission, as hereinafter provided. The members of such appointing board 
shall serve without pay, except that the necessary expenses of each member 
for actual attendance at any meeting of such board shall be allowed and 
paid. Within ten days after the presentation of a petition signed and 
acknowledged in the same manner as are deeds entitled to be recorded, by 
two hundred residents of such county, it shall be the duty of the chairman 
of the board of supervisors to convene the said board, at the most suitable 
and convenient place, or otherwise arrange for concerted action, for the 
appointment of four resident taxpayers in such county, who, with the chairman 
of the board of supervisors and one member, to be appointed by the state 
commissioner of health, as provided by sections four hundred and one and 
* This article, insofar as it related to Nassau County, was repealed by L. 1939, ch. 272, 
§ 2, which enacted the Nassau County Administrative Code. County Mosquito Extermination Commission 
129 
four hundred and two of this article, shall constitute a board of commissioners 
to be known as “The (here shall be inserted the name of the county in and 
for which the commissioners are to be appointed) County Mosquito Exterm- 
ination Commission.” (Amended by 1934, ch. 499, and L. 1939, ch. 722.) 
§ 401. Chairman of board of supervisors ex officio member. The chairman 
of the board of supervisors of the county in and for which a commission is 
appointed, shall be a member ex officio of such commission, and shall serve 
without compensation, except that the necessary expenses actually incurred 
by his attendance upon meetings of such commission shall be allowed and 
paid. He shall have equal powers, privileges and duties with the other 
members of such commission. (Amended by L. 1939, ch. 722.) 
§ 402. The state commissioner of health to appoint one member of such 
commission. The state commissioner of health shall appoint one member of 
such commission who shall have equal powers, privileges and duties with the 
other members of such commission. Such member shall be a resident of the 
county for which such commissioners are appointed, and he shall in addition 
to his powers, duties and privileges conferred, represent the state commis- 
sioner of health in all matters as the state commissioner of health may direct. 
§ 403. Members to serve without compensation. The members of such com- 
mission shall serve without compensation, except that the necessary expenses 
of each commissioner for actual attendance at meetings of such commission 
shall be allowed and paid. No person employed by such commission shall be 
a member thereof. 
§ 404. Commissions; terms of office. The commissioners first appointed by 
the county board in any district under the provisions of this article shall 
hold office respectively for the term of one, two, three and four years. The 
term of the member appointed by the state commissioner of health shall be 
four years. All such commissioners after the first appointment shall be 
appointed for the full term of four years. Vacancies in such commission, 
occurring by resignation or otherwise, shall be filled by the county board 
in the manner provided in section four hundred except any vacancy caused 
by resignation or otherwise of the member appointed by the state commis- 
sioner of health, which shall be filled by the state commissioner of health in 
the manner provided in section four hundred and two of this article, and the 
persons so appointed to fill such vacancies shall be appointed for the unexpired 
term only. 
§ 405. Official oath; officers. Before entering upon the duties of his office 
each commissioner shall take and subscribe an oath or affirmation before the 
clerk of the county in which is situated the district in and for which he is 
appointed to faithfully and impartially perform the duties of his office, which 
oath or affirmation shall be filed with such clerk. Such commission shall 
annually choose from among its members a president and treasurer, who 
shall serve without pay, and they shall respectively perform the duties ordi- 
narily incidental to such offices. (Amended by L. 1939, ch. 722.) 
§ 406. Commission a body corporate and politic; powers. From and after 
the appointment, qualification and organization of such commissioners, such 
mosquito extermination commission shall become and be a body corporate 
and politic, under the name given in such petition, and by such name and 
style may sue, be sued, execute contracts, have a corporate seal, and shall 
have all powers herein conferred upon it within the county wherein it is 
appointed. (Amended by L. 1939, ch. 722.) 
§ 407. Secretary of commission; salary. The commission may appoint a 
secretary, whose compensation shall be fixed by such commission, by and 
with the approval of the board of supervisors. (Amended by L. 1921, ch. 487.) 130 
The Public Health Law 
§ 408. Clerks and assistants. Said commission may, with the approval of 
the board of supervisors of the county, appoint and employ such clerks, 
assistants, inspectors and day laborers as may be necessary to carry out the 
provisions of this article. The compensation of such clerks and assistants 
shall be fixed by the board of supervisors of the county. 
§ 409. Duties of clerks and assistants. The commission shall prescribe the 
duties and hours of employment of clerks and assistants and make all rules 
and regulations respecting the same. The commission shall furnish them 
with necessary and proper facilities. 
§ 409-a. Accumulation of water a nuisance. Any accumulation of water 
in which mosquitoes are breeding, or are likely to breed, is hereby declared 
to be a nuisance. 
§ 410. Powers and duties of commission. Said commission shall use every 
means feasible and practicable to exterminate mosquitoes, of every variety, 
found within the county for which such commission is appointed. Such 
commission shall have power and authority to enter without hindrance upon 
any or all lands within the county for the purpose of draining or treating 
the same and to perform all other acts which in its opinion and judgment 
may be necessary and proper for the elimination of breeding places of 
mosquitoes or which will tend to exterminate mosquitoes of fresh water, salt 
water and every other kind of variety found within such counties, but 
such measures shall not be one injurious to wild life. (Amended by L. 1934, 
ch. 499, and L. 1939, ch. 722.) 
§ 411. Publication of notice of entry, claims, damages and payments. 
Before entering upon any such lands for such purposes as outlined under 
section four hundred and ten hereof, the commission shall publish each year 
at least once during the year, immediately following the approval by the 
board of supervisors of its plans for work during the ensuing year as pro- 
vided in this article, in at ledst one newspaper in every town of the county 
where work is to be performed and in which such a paper is published, a 
general description of the land with the names of the oAvners thereof as 
shown by the last assessment-rolls, if known, if the name of the owner or 
owners be unknown that fact must be stated and published; and in ease of 
a town where work is to be performed b}7 the commission and in which no 
newspaper is published, individual notices shall be first sent to every owner 
in such town upon whose land the commission proposes to enter for said 
purposes if the name of such owner be known, if unknown such notice shall 
be posted in not less than five conspicuous places in such town. Any person 
objecting to or who is aggrieved or who claims damages due to the execution 
of the work of the commission, shall file a protest with the commission 
setting forth his grievance or claim. The commission shall thereupon and 
within thirty days after the filing of such protest or claim, set a day for a 
public hearing thereof. In all such cases the decision of the commission as 
to the necessity of such work shall be final. Any damage claimed by any 
party on account of entry work of the commission upon his property shall 
be determined by an action in court to be tried in the county; and the amount 
of any damage that may be awarded such party shall be included in the 
next succeeding estimate of annual requirements of the commission and shall 
be included in the annual tax levy as provided for in this article, and be paid 
by the commission. (Amended by L. 1922, ch. 196.) 
§ 412. Estimate of annual requirements; power and duty of state health 
commissioner. Such county commission shall, on or before the first day of 
September in each year, file with the state commissioner of health and with 
the board of supervisors of such county, a detailed estimate of the moneys County Mosquito Extermination Commission 
131 
required for the ensuing year and a plan of the work to be done and the 
methods to be employed, together with a general description of such lands 
with the names of the owners thereof, as recorded by the last assessment-rolls 
if known, if unknown that fact shall be stated, as the commission proposes 
to enter upon and to execute such plans and work. (Amended by L. 1922, 
ch. 196, and L. 1939, ch. 722.) 
§ 413. Powers and duties of board of supervisors. The board of supervisors 
shall have power to approve, modify or alter such estimates, plans and 
methods, and it shall be the duty of the board of supervisors in the county 
in which a commission is appointed at its annual or other meeting held in 
the month of October of each year and on receipt of the said report from the 
county commission, to cause to be included in the annual tax levy of such 
county and added to the tax roll for the succeeding year the amount of 
money included in such estimate of moneys, as approved, modified or altered 
by it for the use and purposes of the mosquito extermination commission, in 
its said county, provided, however, that in no one year shall the amount 
so raised exceed the amount hereinafter specified to wit: in counties where 
the assessed valuations are not more than forty million dollars, a sum not 
greater than one mill on every dollar of assessed valuation; in counties where 
the assessed valuations are in excess of forty million dollars, a sum not 
greater than three-eighths of one mill on every dollar of assessed valuation. 
Provided, however, that any district which at the time when this section, as 
hereby amended, takes effect, shall have been legally established under 
chapter two hundred and forty-six of the laws of nineteen hundred and 
sixteen, as amended by chapter thirteen of the laws of nineteen hundred 
and twenty-six, shall be exempted from the provisions of this chapter and 
from taxation under it. (Amended by L. 1922, ch. 190, L. 1934, ch. 499, and 
L. 1939, ch. 722.) 
§ 414. Disbursements by county treasurer. The county treasurer of such 
county shall pay from time to time to the mosquito extermination commis- 
sion, on the requisition of such commission, duly signed and anoroved bv 
the president and secretary thereof, the amount of moneys so specified in 
the annual tax levy for the purposes and uses of such mosquito extermination 
commission. (Amended by L. 1939, ch. 722.) 
§ 415. Annual report. It shall be the duty of such mosquito extermination 
commission, on or before the first day of September in each year, to submit 
to the state commissioner of health and to the board of supervisors in the 
county comprised within a mosquito extermination district, a report setting 
forth the amount of moneys expended during the previous year showing each 
item of expenditure, the methods employed, the work accomplished and any 
other information which in its judgment may seem pertinent, or which the 
board of supervisors may demand. Such report shall be published in at 
least one newspaper published in the county. (Amended by L. 1939, ch. 722.) 
§ 416. Reservation of powers. Nothing in this article shall be construed 
to alter, amend, modify or repeal sections twenty-six to thirty-two inclusive, 
of this law, or of any of the provisions of the drainage law* except to the 
extent that the provisions of this article are inconsistent therewith 
§ 417. Temporary provision for nineteen hundred and sixteen. (Repealed 
by L. 1941, ch. 42.) 
§ 418. Obstructions; interferences. Any pei’son who obstructs or interferes 
with the entry of the commission or its employees upon land or who obstructs 
or interferes with, molests, or damages any of the work performed by the 
commission shall be guilty of a misdemeanor. 
* Subject covered in Conservation Law. 132 
The Public Health Law 
ARTICLE XXII 
Uniform narcotic drug actf 
(Added by L. 1933, ch. 684) 
(Former Article XXII relating to habit forming drugs repealed) 
Section 420. Short title. 
421. Definitions. 
421-a. Powers and duties of the commissioner. 
422. Acts prohibited. 
423. Manufacturers and wholesalers. 
424. Qualification for licenses. 
424-a. Approval of hospitals, laboratories and dispensaries. 
425. Sale on written orders. 
426. Sales by apothecaries. 
427. Professional use of narcotic drugs. 
428. Preparations exempted. 
428-a. Dispensaries; approval respecting certain narcotic preparations. 
429. Record to be kept. 
430. Written orders for and records of cannabis indica and cannabis 
sativa. (Repealed.) 
431. Labels. 
432. Authorized possession of narcotic drugs by individuals. 
433. Persons and corporations exempted. 
434. Common nuisances. 
435. Disposition of forfeited narcotic drugs. 
436. Notice of conviction to be sent to licensing authority. 
437. Records confidential. 
438. Fraud or deceit. 
439. Commitment of addicts; procedure; discharge. 
440. Exceptions and exemptions not required to be negatived. 
441. Possession of apparatus for use of opium. 
442. Obtaining drugs from one physician while under treatment from 
another. 
443. Enforcement and cooperation. 
444. Penalties. 
445. Effect of acquittal or conviction tinder federal narcotic laws. 
446. Constitutionality. 
447. Interpretation and construction of article. 
448. Repeal of inconsistent laws. 
§ 420. Short title. This article shall be known as the uniform narcotic 
drug law. 
§ 421, Definitions. The follotving words and phrases, as used in this article, 
shall have the following meanings, unless the context otherwise requires: 
1. ‘‘Person’’ includes any corporation, association, co-partnership, or one 
or more individuals. 
2. ‘ ‘ Physician ’ ’ means a person authorized by law to practice medicine in 
this state and to use narcotic drugs in connection with such treatment. 
3. “Dentist’’ means a person authorized by law to practice dentistry in 
this state. 
4. “ Veterinarian” means a person authorized bj' law to practice veterinary 
medicine in this state. 
5. * ‘ Manufacturer ’ ’ means a person who by compounding, mixing, culti- 
vating, growing, or other process, produces or prepares narcotic drugs, but 
t See Penal Law and Code of Criminal Procedure. Uniform Narcotic Drug Act 
133 
does not include an apothecary who compounds narcotic drugs to be sold 
or dispensed on prescriptions. 
6. “Wholesaler” means a person who supplies others than consumers 
with narcotic drugs or preparations containing narcotic drugs that he himself 
has not produced or prepared. (Amended by L. 1936, ch. 498.) 
7. “Apothecary” means a licensed pharmacist as defined by the laws of 
this state and, where the context so requires, the owner of a store or other 
place of business where narcotic drugs are compounded or dispensed by a 
licensed pharmacist; but nothing in this article shall be construed as con- 
ferring on a person who is not registered nor licensed as a pharmacist any 
authority, right, or privilege, that is not granted to him by the pharmacy 
laws of this state. 
8. “Hospital” means an institution for the care and treatment of the sick 
and injured, approved by the department of health as proper to be entrusted 
with the custody of narcotic drugs and the professional use of narcotic drugs 
under the direction of a physician, dentist or veterinarian. 
9. “Laboratory” means a laboratory approved by the department of health 
as proper to be entrusted with the custody of narcotic drugs and the use 
of narcotic drugs for scientific and medical purposes and for purposes of 
instruction, 
10. “Sale” includes barter, exchange, or gift, or offer therefor, and each 
such transaction made by any person, whether as principal, proprietor, agent, 
servant or employee. 
11. “Coca leaves” includes cocaine and any compound, manufacture, salt, 
derivative, mixture, or preparation of coca leaves, except derivatives of 
coca leaves which do not contain cocaine, ecgonine, or substances from which 
cocaine or ecgonine may be synthesized or made. 
12. “Opium” includes morphine, codeine and heroin, and any compound, 
manufacture, salt, derivative, mixture or preparation of opium, including 
apomorphine or any of its salts. 
13. “Cannabis” includes the following substances under whatever names 
they may be designated: all parts of the plant cannabis sativa L., whether 
growing or not; the seeds thereof; the resin extracted from any part of 
such plant; and every compound, manufacture, salt, derivative, mixture or 
preparation of such plant, its seeds or resin; but shall not include the mature 
stalks of such plant, fiber produced from such stalks, oil or cake made from 
the seeds of such plant, any other compound, manufacture, salt, derivative, 
mixture, or preparation of such mature stalks (except the resin extracted 
therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is 
incapable of germination. 
14. “Narcotic drugs” means coca leaves, opium, isonipecaine, cannabis 
and every substance neither chemically nor physically distinguishable from 
them. 
15. “Federal Narcotic Luavs” means the laws of the United States relating 
to opium, coca leaves, and other narcotic drugs. 
16. “Official written order” means an order written on a form provided 
for that purpose by the United States commissioner of narcotics, under any 
laws of the United States making provision therefor, if such order forms 
are authorized and required by federal law, and if no such order form is 
provided, then on an official form provided for that purpose by the depart- 
ment of health. 
17. “Dispense” includes distribute, leave with, give aAvay, dispose of, or 
deliver. 
18. “Registry number” means the number assigned to each person regis- 
tered under the federal narcotic laws. 
19. “Department” means the state department of health. 
20. “Bureau” means the bureau of narcotic control. (Repealed.) The Public Health Law 
21. “Isonipecaine’' means the substance identified chemically as 1-methyl- 
4-phenyl-piperidine-4-carboxylic acid ethyle ester, or any salt thereof by 
whatever trade name identified. (Amended by L. 1936, ch. 498, L. 1937, chs. 
413 and 914, L. 1938, ch. 457, L. 1939, ch. 131,‘and L. 1944, chs. 298 and 374.) 
§ 421-a. Powers and duties of the commissioner. The commissioner of 
health, with the approval of an advisory board to consist of five members, 
one member to be designated by the medical society of the state of New 
York, one by the New York state pharmaceutical association, one by the 
dental society of the state of New York, one by the New York state veterinary 
medical society, and one by the New York board of trade, drug and chemical 
section, is hereby authorized and empowered to make all needful or helpful 
rules, regulations and determinations which in his judgment may be neces- 
sary or proper to supplement the provisions of this article or to effectuate the 
purposes and intent thereof or clarify its provisions so as to provide the 
procedure or details, requisite in his judgment to secure effective and proper 
enforcement of its provisions, which rules, regulations and determinations, 
when made and promulgated by the commissioner of health, shall be the 
rules, regulations and determinations of the department and, until modified 
or rescinded, shall have the force and effect of law. It shall be the duty 
of the department, to enforce all of the provisions of this article and all 
of • the rules, regulations and determinations made thereunder. The com- 
missioner of health may for cause deemed by him to be sufficient, after 
having given reasonable notice and opportunity to be heard, revoke or 
suspend any license or approval issued or to be issued pursuant to this article 
and revoke, cancel or withhold official blanks issued or applied for. The 
commissioner of health shall obtain data and information relative to the 
extent of drug addiction and the means by which it can be controlled, reduced 
or eradicated and the means or methods employed in the treatment, cure 
and rehabilitation of persons addicted to the use of narcotics. He shall 
have the power to inspect and examine any hospital, sanatorium, institution 
or other place in which persons addicted to the use of drugs are received, 
cared for and treated. He and any representative authorized by him shall 
have the power to administer oaths, compel the attendance of witnesses and 
the production of books, papers and records and to take proof and testi- 
mony concerning all matters within the jurisdiction of the department, and 
for such purposes, no communication made to a physician shall be deemed 
confidential within the meaning of the provision of the civil practice act 
relating to confidential communications between physician and patient. For 
the purposes of this article, each representative of the commissioner shall 
possess, all of the powers of a peace officer. (Amended by L. 1944, ch. 298.) 
§ 422. Acts prohibited. It shall be unlawful for any person to manufacture, 
possess, have under his control, sell, prescribe, administer, dispense or com- 
pound any narcotic drug, except as authorized in this article. 
§ 423. Manufacturers and wholesalers. No person shall manufacture, com- 
pound, mix, cultivate, grow or by any other process produce or prepare 
narcotic drugs, and no person as a wholesaler shall supply the same, with- 
out having first obtained a license so to do from the department. 
§ 424. Qualification for licenses. No license shall be issued under the 
foregoing section unless and until the applicant therefor has furnished proof 
satisfactory to the department: 
(a) That the applicant is of good moral character, or, if the applicant be 
an association or corporation, that the managing officers are of good moral 
character. 
(b) That the applicant is equipped as to land, buildings, and paraphernalia 
properly to carry on the business described in his application. Uniform Narcotic Drug Act 
135 
No license shall be granted to any person who has within five years been 
convicted of a wilful violation of any law of the United States, or of any 
state, relating to opium, coca leaves, or other narcotic drugs, or to any 
person who is a narcotic drug addict. 
The department may suspend or revoke any license for cause. (Amended 
by L. 1937, ch. 914.) 
§ 424-a. Approval of hospitals, laboratories and dispensaries. Upon appli- 
cation to the department for approval by it of an institution as a hospital, 
or of a laboratory as such, or of an establishment or place as a dispensary, 
for the several purposes, relating to narcotic drugs or exempt narcotic 
preparations, specified in the definitions of hospital and laboratory and in the 
provisions of section four hundred and twenty-eight-a, r»ert aiming to dis- 
pensaries, the department shall grant and certify such approval if satisfied, 
but not otherwise, from the application and/or other information that it has 
or may require, that such approval is proper. (Added by L. 1937, ch. 413.) 
§ 425. Sale on written orders. 1. A duly licensed manufacturer or whole- 
saler may sell and dispense narcotic drugs to any of the following persons, 
but only on official Avritten orders: 
(a) To a manufacturer, wholesaler, or apothecary. 
(b) To a physician, dentist or veterinarian. 
(c) To a person in charge of a hospital, but only for use by or in that 
hospital. 
(d) To a person in charge of a laboratory, but only for use in that labora- 
tory for scientific and medical purposes. 
2. A duly licensed manufacturer or wholesaler may sell narcotic drugs 
to any of the following persons: 
(a) On a special written order accompanied by a certificate of exemption, 
as required by the federal narcotic laws, to a person in the employ of the 
United States government or of any state, territorial, district, county, 
municipal, or insular government, purchasing, receiving, possessing, or dis- 
pensing narcotic drugs by reason of his official duties. 
(b) To a master of a ship or a person in charge of any aircraft upon 
Avhich no physician is regularly employed, or to a physician or surgeon duly 
licensed in any state, territory, or the District of Columbia to practice his 
profession, or to a retired commissioned medical officer of the United States 
army, navy, or public health service, employed upon such ship or aircraft, 
for the actual medical needs of persons on board such ship or aircraft, Avhen 
not in port. Provided: Such narcotic drugs shall be sold to the master of 
such ship or person in charge of such aircraft, or to a physician, surgeon, or 
retired commissioned medical officer of the United States army, navy, or 
public health service, employed upon such ship or aircraft, only in pursu- 
ance of a special order form approved by a commissioned medical officer or 
acting assistant surgeon of the United States public health service. (Amended 
by L. 1940, ch. 108.) 
(c) To a person in a foreign country if the provisions of the federal 
narcotic laws are complied with. 
3. An official written order for any narcotic drug shall be signed in dupli- 
cate by the person giving said order or by his duly authorized agent. The 
original shall be presented to the person who sells or dispenses the narcotic 
drug or drugs named therein. In event of the acceptance of such order by 
said person, each party to the transaction shall preserve his copy of such 
order for a period of two years in such a way as to be readily accessible 
for inspection by any public officer or employee engaged in the enforcement 
of this article. It shall be deemed a compliance with this subdivision if 
the parties to the transaction have complied with the federal narcotic laws, 
respecting the requirements governing the use of order forms. 136 
The Public Health Law 
4. Possession of or control of narcotic drugs obtained as authorized by 
this section shall be lawful if in the regular course of business, occupation, 
profession, employment or duty of the possessor. 
5. A person in charge of a hospital or of a laboratory, or in the employ 
of this state or of any other state, or of any political subdivision thereof, 
or a master of a ship or a person in charge of any aircraft upon which no 
physician is regularly employed, or a physician or surgeon duly licensed in 
some state, territory, or the District of Columbia, to practice his profession, 
or a retired commissioned medical officer of the United States army, navy, 
or public health service, employed upon such ship or aircraft, who obtains 
narcotic drugs under the provisions of this section or otherwise, shall not 
administer, nor dispense, nor otherwise use such drugs, within this state, 
except within the scope of his employment or official duty, and then only for 
scientific or medicinal purposes and subject to the provisions of this article. 
(Amended by L. 1940, ch. 108.) 
§ 426. Sales by apothecaries. 1. An apothecary, in good faith, may sell 
and dispense narcotic drugs to any person upon a written prescription of a 
physician, dentist or veterinarian, dated and signed by the person prescribing 
on the day when issued and bearing the full name and address of the 
patient for whom, or of the owner of the animal for which, the drug is 
dispensed, and the full name, address and registry number under the federal 
narcotic laws of the person prescribing, if he is required by those laws to 
be so registered. If the prescription be for an animal it shall state the 
species of animal for which the drug is prescribed. The person filling the 
prescription shall write the date of filling and his own signature on the 
face of the prescription. The prescription shall be retained on file by the 
proprietor of the pharmacy in which it is filled for a period of two years, 
so as to be readily accessible for inspection by any public officer or employee 
engaged in the enforcement of this article. The prescription shall not be 
refilled. 
2. The legal owner of any stock of narcotic drugs in a pharmacy, upon 
discontinuance of dealing in said drugs, may sell said stock to a manufac- 
turer, wholesaler or apothecary, but only on an official written order. 
3. An apothecary, only upon an official written order, may sell to a 
physician, dentist or veterinarian, in quantities not exceeding one ounce at 
any one time, aqueous or oleaginous solutions of which the content of 
narcotic drugs does not exceed a proportion greater than twenty per cent 
of the complete solution, to be used for medical purposes. 
§ 427. Professional use of narcotic drugs. 1. A physician or a dentist, in 
good faith and in the course of his professional practice only, may prescribe, 
administer and dispense narcotic drugs, or he may cause the same to be 
administered by a nurse or interne under his direction and supervision. 
2. A veterinarian, in good faith and in the course of his professional 
practice only, and not for use by a human being, may prescribe, administer 
and dispense narcotic drugs, and he may cause them to be administered by 
an assistant or orderly under his direction and supervision. 
3. Any person who has obtained from a physician, dentist or veterinarian 
any narcotic drug for administration to a patient during the absence of 
such physician, dentist or veterinarian, shall return to such physician, 
dentist or veterinarian any unused portion of such drug, when it is no 
longer required by the patient. 
§ 428. Preparations exempted. Except as otherwise in this article specifi- 
cally provided, this article shall not apply to the administering, dispensing or 
selling at retail of Stokes expectorant or Browns mixture in a quantity of 
not more than four ounces to one person at one time, or any medicinal Uniform Narcotic Drug Act 
137 
preparations other than Stokes expectorant or Browns mixture that contains 
in one fluid ounce, or if a solid or semi-solid preparation, in one avoirdupois 
ounce, not more than one grain of codeine or of any of its salts. 
1. The exemption authorized by this section shall be subject to the fol- 
lowing conditions: (1) that the medicinal preparation administered, dispensed, 
or sold, shall contain, in addition to the narcotic drug in it, some drug or 
drugs conferring upon it medicinal qualities other than those possessed by 
the narcotic drug alone; and (2) that such preparation shall be administered, 
dispensed, and sold in good faith as a medicine, and not for the purpose of 
evading the provisions of this article. 
2. Nothing in this section shall be construed to limit the quantity of 
codeine or of any of its salts that may be prescribed, administered, dispensed 
or sold to any person or for the use of any person or animal, when it is 
prescribed, administered, dispensed or sold in compliance with the general 
provisions of this article. (Amended by L. 1939, ch. 131, L. 1941, ch. 225, 
and L. 1942, ch, 426.) 
§ 428-a. Dispensaries; approval respecting certain narcotic preparations. 
Notwithstanding the provisions of section four hundred and twenty-eight, 
the narcotic preparations therein described shall not be possessed, dispensed 
or sold after July first, nineteen hundred thirty-seven, by or at an establish- 
ment or place commonly known as a “ dispensary, ’ ’ except it shall have been 
approved as proper to be entrusted with the custody of such preparations 
and their professional use under the direction of an authorized person. (Added 
by L. 1937, ch. 413.) 
§ 429. Record to be kept. 1. Every physician, dentist, veterinarian or 
other person who is authorized to administer or professionally use narcotic 
drugs, shall keep a record of such drugs received by him and a record of 
all such drugs administered, dispensed or professionally used by him other- 
wise than by prescription. It shall, however, be deemed a sufficient com- 
pliance with this subdivision if any such person using small quantities of 
solutions or other preparations of such drugs for local application, shall 
keep a record of the quantity, character and potency of such solutions or 
other preparations purchased or made up by him and of the dates when pur- 
chased or made up, without keeping a record of the amount of such solution or 
other preparation applied by him to individual patients. Provided: That 
no record need be kept of narcotic drugs administered, dispensed or 
fessionally used in the treatment of any one patient, when the amount 
administered, dispensed or professionally used for that purpose does not 
exceed in any forty-eight consecutive hours, (a) four grains of opium, or (b) 
one-half of a grain of morphine or of any of its salts, or (c) two grains of 
codeine or of any of its salts, (d) one-fourth of a grain of heroin or of 
any of its salts, or (e) a quantity of any other narcotic drug or any com- 
bination of narcotic drugs that does not exceed in pharmacologic potency 
any one of the drugs named above in the quantity stated. (Amended by 
L. 1939, ch. 131.) 
2. Manufacturers and wholesalers shall keep records of all narcotic drugs 
compounded, mixed, cultivated, grown or by any other process produced or 
prepared, and of all narcotic drugs received and disposed of by them, in 
accordance with the provisions of subdivision five of this section. 
3. Apothecaries shall keep records of all narcotic drugs received and dis- 
posed of by them, in accordance with the provisions of subdivision five of 
this section. 
4. Every person who purchases for resale, or who sells narcotic drug 
preparations exempted by section four hundred twenty-eight of this article, 
shall keep a record showing the quantities and kinds thereof received and 138 
The Public Health Law 
Bold, or disposed of otherwise, in accordance with the provisions of subdivision 
five of this section. 
5. The form of records shall be prescribed by the department. The record 
of narcotic drugs received shall in every case show the date of receipt, the 
name and address of the person from whom received, and the kind and 
quantity of drugs received; the kind and quality of narcotic drugs produced 
or removed from process of manufacture; and the date of such production 
or removal from process of manufacture; and the record shall in every case 
show the proportion of morphine, cocaine or ecgonine contained in or pro- 
ducible from crude opium or coca leaves received or produced and the 
proportion of resin contained in or producible from the plant cannabis 
sativa L. from which the resin has not been extracted, received or produced. 
The record of all narcotic drugs sold, administered, dispensed or otherwise 
disposed of, shall show the date of selling, administering or dispensing, the 
name and address of the person to whom, or for whose use, or the owner 
and species of animal for which the drugs were sold, administered or dis- 
pensed, and the kind and quantity of drugs. Every such record shall be 
kept for a period of two years from the date of the transaction recorded. The 
keeping of a record required by or under the federal narcotic laws, containing 
substantially the same information as is specified above, shall constitute 
compliance with this section, except that every such record shall contain a 
detailed list of narcotic drugs lost, destroyed or stolen, if any, the kind and 
quantity of such drugs, and the date of the discovery of such loss, destruction 
or theft. (Amended by L. 1939, ch. 131.) 
§ 430. Written orders for and records of cannabis indica and cannabis 
sativa. (Repealed by L. 1939, eh. 131.) 
§ 431. Labels. 1. Whenever a manufacturer sells or dispenses a narcotic 
drug, and whenever a wholesaler sells or dispenses a narcotic drug in a 
package prepared by him, he shall securely affix to each package in which 
that drug is contained a label showing in legible English the name and 
address of the vendor and the quantity, kind and form of narcotic drug 
contained therein. No person, except an apothecary for the purpose of filling 
a prescription under this article, shall alter, deface or remove any label so 
affixed. 
2. Whenever an apothecary sells or dispenses any narcotic drug on a 
prescription issued by a physician, dentist or veterinarian, he shall affix 
to the container in which such drug is sold or dispensed, a label showing 
his own name, address and registry number, or the name, address and registry 
number of the apothecary for whom he is lawfully acting; the name and 
address of the patient or, if the patient is an animal, the name and address 
of the owner of the animal and the species of the animal; the name, address 
and registry number of the physician, dentist or veterinarian by whom the 
prescription was written; and such directions as may be stated on the pre- 
scription, No person shall alter, deface or remove any label so affixed. 
§ 432. Authorized possession of narcotic drugs by individuals. A person 
to whom or for whose use any narcotic drug has been prescribed, sold or 
dispensed by a physician, dentist, apothecary or other person authorized 
under the provisions of section four hundred twenty-five of this article, and 
the owner of any animal for which any such drug has been prescribed, sold 
or dispensed by a veterinarian, may lawfully possess it only in the con- 
tainer in which it was delivered to him by the person selling or dispensing 
the same. 
§ 433. Persons and corporations exempted. The provisions of this article 
restricting the possession and having control of narcotic drugs shall not Uniform Narcotic Drug Act 
139 
aPPly to common carriers or to warehousemen, while engaged in lawfully 
transporting or storing such drugs, or to any employee of the same acting 
within the scope of his employment; or to public officers or their employees 
in the performance of their official duties requiring possession or control of 
narcotic drugs; or to temporary incidental possession by employees or agents 
of persons lawfully entitled to possession, or by persons whose possession is 
for the purpose of aiding public officers in performing their official duties. 
§ 434. Common nuisances. Any store, shop, warehouse, dwelling house, 
building, vehicle, boat, aircraft or any place whatever, which is resorted to 
by narcotic drug addicts for the purpose of using narcotic drugs or which 
is used for the illegal keeping or selling of the same, shall be deemed a 
common nuisance. No person shall keep or maintain such a common nuisance. 
§ 435. Disposition of forfeited narcotic drugs. All narcotic drugs, the 
lawful possession of which is not established or the title to which can not 
be ascertained, which have come into the custody of a peace officer, shall be 
forfeited, and disposed of as follows: 
(a) Except as in this section otherwise provided, the court or magistrate 
having jurisdiction shall order such narcotic drugs forfeited and destroyed. 
A record of the place where said drugs were seized, of the kinds and quantities 
of drugs so destroyed, and of the time, place and manner of destruction, shall 
be kept, and a return under oath, reporting said destruction, shall be made 
to the court or magistrate and to the United States commissioner of narcotics, 
by the officer who destroys them. 
(b) Upon written application by the commissioner of health, the court or 
magistrate by whom the forfeiture of narcotic drugs has been decreed may 
order the delivery of any of them, except heroin and its salts and derivatives, 
to such commissioner for distribution or destruction, as hereinafter provided. 
(c) Upon application by any hospital within this state, not operated for 
private gain, the commissioner of health may in his discretion deliver any 
narcotic drugs that have come into his custody by authority of this section 
to the applicants for medicinal use. The commissioner may from time to 
time deliver excess stocks of such narcotic drugs to the United States com- 
missioner of narcotics or shall destroy the same. 
(d) The commissioner of health shall keep a full and complete record of 
all drugs received and of all drugs disposed of, showing the exact kinds, 
quantities and forms of such drugs; the persons from whom received and to 
whom delivered; by whose authority received, delivered and destroyed; and 
the dates of the receipt, disposal or destruction, which record shall be 
open to inspection by all federal or state officers charged with the enforce- 
ment of federal and state narcotic laws. 
§ 436. Notice of conviction to be sent to licensing authority. On the 
conviction of any person of the violation of any provision of this article, 
a copy of the judgment and sentence, and of the opinion of the court or 
magistrate, if any opinion be filed shall be sent by the clerk of the court, 
or by the magistrate, to the board or officer, if any, by whom the convicted 
defendant has been licensed or registered to practice his profession, or to 
carry on his business. On the application of any person whose license or 
registration has been suspended or revoked, and upon proper showing and 
for good cause, such board or officer may reinstate such license or registration. 
§ 437. Records confidential. Prescriptions, orders and records, requited by 
this article, and stocks of narcotic drugs, shall be open for inspection only 
to federal, state, county and municipal officers, whose duty it is to enforce 
the laws of this state or of the United States relating to narcotic drugs. 
No officer having knowledge by virtue of his office of any such prescription, 140 
The Public Health Law 
order or record shall divulge such knowledge, except in connection with a 
prosecution or proceeding in court or before a licensing or registration board 
or officer, to which prosecution or proceeding the person to whom such pre- 
scriptions, orders or records relate is a party. 
§ 438. Fraud or deceit. 1. No person shall obtain or attempt to obtain 
a narcotic drug, or procure or attempt to procure the administration of a 
narcotic drug, (a) by fraud, deceit, misrepresentation or subterfuge; or 
(b) by the forgery or alteration of a prescription or of any written order; 
or (c) by the concealment of a material fact; or (d) by the use of a false 
name or the giving of a false address. 
2. Information communicated to a physician in an effort unlawfully to 
procure a narcotic drug, or unlawfully to procure the administration of any 
such drug, shall not be deemed a privileged communication. 
3. No person shall wilfully make a false statement in any prescription, 
order, report or record required by this article. 
4. No person shall, for the purpose of obtaining a narcotic drug, falsely 
assume the title of, or represent himself to be, a manufacturer, wholesaler, 
apothecary, physician, dentist, veterinarian or other authorized person. 
5. No person shall make or utter any false or forged prescription or false 
or forged written order. 
6. No person shall affix any false or forged label to a package or receptacle 
containing narcotic drugs. 
7. The provisions of this section shall apply to all transactions relating 
to narcotic drugs under the provisions of section four hundred twenty-eight 
of this article, in the same way as they apply to transactions under all 
other sections. 
§ 439. Commitment of addicts; procedure; discharge. 1. At request of 
addict. A magistrate upon the voluntary application to him of any habitual 
user of any narcotic drug, may commit such person to any hospital or 
charitable institution maintained in whole or in part thereof by the state or 
any political subdivision thereof which is willing to receive such addict. 
2. Person accused of crime. Any trial court having jurisdiction of a 
defendant who is a prisoner in a criminal action or proceeding, if it appears 
that the defendant is an habitual user of any narcotic drug and is suffering 
as a result of such use, may likewise so commit such defendant, at any stage 
of such action or proceeding and direct a stay of proceedings or suspend 
sentence pending the period of such commitment but not exceeding sixty days 
without a further order of the court. 
3. Discharge. Whenever the medical officer of the institution, or if there 
be no medical officer, the superintendent, shall certify to the committing 
magistrate or court that any person so committed has been sufficiently treated, 
or give any other reason which is deemed by the magistrate or court to be 
adequate and sufficient, he may in accordance with the terms of commitment 
discharge the person so committed, or return such person to await the further 
action of the court, provided however, that when such commitment is to an 
institution under the jurisdiction of the department of correction, or other 
similar department in a city of the first class, where there is a parole com- 
mission established pursuant to law, such commission shall act in the place 
and stead of a chief medical officer for the purpose of making such a cer- 
tificate, except that in the city of New York the chief medical officer of the 
department of correction shall make such certificate. (Amended by L. 1942, 
ch. 748.) 
§ 440. Exceptions and exemptions not required to be negatived. In any 
complaint, information or indictment, and in any action or proceeding brought 
for the enforcement of any provision of this article, it shall not be necessary 
to negative any exception, excuse, proviso or exemption contained in this Live Pathogenic Microorganisms or Viruses 
141 
article, and the burden of proof of any such exception, excuse, proviso, or 
exemption shall be upon the defendant. 
§ 441. Possession of apparatus for use of opium. Any person who smokes 
or inhales opium or possesses any opium pipe, opium lamp or other device 
or apparatus designed or generally used for the purpose of preparing opium 
for smoking, or smoking or inhaling opium, or any article capable of being 
used as or as part of any such pipe, lamp or other device or apparatus 
shall be guilty of a violation of this article. This section shall not apply 
to an opium pipe, lamp or other such device or apparatus when possessed 
for exhibition purposes. 
§ 442. Obtaining drugs from one physician while under treatment from 
another. Any person who in the course of treatment, is supplied with 
narcotic drugs or a prescription therefor by the treating physician and who, 
without disclosing the fact to such physician is supplied during such treatment 
with narcotic drugs or a prescription therefor by another physician shall be 
guilty of a violation of this article. (Amended by L. 1939, ch. 131.) 
§ 443. Enforcement and cooperation. It is hereby made the duty of the 
department, its officers, agents, inspectors and representatives, and of all 
peace officers within the state, and of the judicial and police authorities 
of the state and of the political subdivisions thereof to enforce all provisions 
of this article, except those specifically delegated, and to cooperate with all 
agencies charged with the enforcement of the laws of the United States, of 
this state, and of all other states relating to narcotic drugs. Such authorities 
and their agents shall have access at all times to all orders, prescriptions or 
records to be kept under this article. 
§ 444. Penalties. A violation of any provision of this article shall be 
punishable as provided in the penal law. 
§ 445. Effect of acquittal or conviction under federal narcotic laws. No 
person shall be prosecuted for a violation of any provision of this article 
if such person has been acquitted or convicted under the federal narcotic laws 
of the same act or omission which, it is alleged, constitutes a violation of 
this article. 
§ 446. Constitutionality. If any provision of this article or the application 
thereof to any person or circumstances is held invalid, such invalidity shall 
not affect other provisions or applications of the article which can be given 
effect without the invalid provision or application, and to this end the 
provisions of this article are declared to be severable. 
§ 447. Interpretation and construction of article. This article shall be so 
interpreted and construed as to effectuate its general purpose, to make 
uniform the laws of those states which enact it. 
§ 448. Repeal of inconsistent laws. All acts or parts of acts which are 
inconsistent with the provisions of this article are hereby repealed. 
ARTICLE XXIII* 
Live pathogenic microorganisms or viruses 
(Added by L. 1932, ch. 151) 
Section 450. Handling of live pathogenic microorganisms or viruses. 
451. Registration of places where live pathogenic microorganisms are 
handled. 
452. Sale or other disposal of live pathogenic microorganisms or 
viruses. 
453. Violation of article. 
• Article derived from L. 1917, ch. 411 as amended by L. 1921, ch. 269. 142 
The Public Health Law 
§ 450. Handling of live pathogenic microorganisms or viruses. No person 
other than a licensed practitioner of medicine, dentistry, or veterinary 
medicine or a person under the direct supervision of a licensed practitioner of 
medicine, dentistry, or veterinary medicine shall possess or cultivate live 
pathogenic microorganisms or viruses other than vaccine virus unless he has 
satisfied the state commissioner of health that such microorganisms or viruses 
in his possession will not become a menace to the public health and unless 
he shall hold a permit issued within the preceding twelve months by the 
state commissioner of health or his authorized representative so stating. 
The commissioner is authorized to rescind such a permit at any time for a 
cause. (Added by L. 1937, ch. 412.) 
§ 451. Registration of places where live pathogenic microorganisms are 
handled. All places where live pathogenic microorganisms or viruses other 
than vaccine virus are handled or cultivated, shall be registered with the state 
department of health, and a registration number shall be issued to each place 
so registered. Registration and application for this registration number shall 
be made by the person in charge of the place where such microorganisms or 
viruses are handled. The registration number shall be valid for one year, 
at the expiration of which time it may be renewed upon application. A 
registration fee of one dollar shall be charged to cover the cost of issuing 
the registration number. (Renumbered and amended by L. 1937, ch. 412.) 
§ 452. Sale or other disposal of live pathogenic microorganisms or viruses. 
All live pathogenic microorganisms or viruses other than vaccine virus when 
given away or sold shall bear a label on the container showing the registra- 
tion number of the distributor which has been issued by the state depart- 
ment of health for the handling of pathogenic microorganisms or viruses, 
the name of the person obtaining the material, and the destination of the 
pathogenic microorganisms or viruses, and no person shall sell or convey 
any live pathogenic microorganisms or viruses other than vaccine virus to 
any other person without permission of the state commissioner of health. 
(Renumbered and amended by L. 1937, ch. 412.) 
§ 453. Violation of article. Any violation of this article shall be deemed a 
misdemeanor punishable by a fine of two hundred dollars, six months’ 
imprisonment or both. (Renumbered and amended by L. 1937, ch. 412.) INDEX 
(This index has been prepared on a noun basis. Whenever possible, each item 
has been cross indexed by person concerned, action to be taken and subject matter,) 
PAG* 
Action: attorney general, violation Art. XIV 71 
cause of, for damages 37, 60 
enjoin nuisance (house of prostitution) 99, 100 
in court 48, 130 
local board of health 35 
municipalities; sewage discharge 66 
municipality, mosquito breeding place 42 
riparian owners 56 
to restrain violation 35, 54, 56, 78 
violation; health laws or regulations 16 
water rules 48 
Addicts: commitment, procedure, discharge 140 
not to be licensed 135 
resort of, common nuisance 139 
Aid, state: 19, 33 
county 18, 30 
laboratory, city 32 
laboratory service 33 
Allotments, federal-aid 21 
Almshouse: county, removal of inmates 39 
dissection 84 
fire alarm boxes 93 
registration of persons in 121 
Analyses: request of health officer or physician 10 
Animal: prescription narcotic drug for 136 
Apartments vacated by person having tuberculosis 89 
Apothecaries: record narcotic drugs received and disposed of 137 
sales narcotic drugs 136 
Appeal: commission, laboratory 33 
tuberculosis hospital site, town 87 
Apprentice in embalming, register with department 68 
Assistants: commissioner of health may employ 8, 12 
county commissioner of health may employ 28 
Asylums, fire alarm boxes 93 
Attorney, district, certify hospital buildings fireproof 92 
Attorney general: 14, 15, 16 
approval order to discontinue pollution; enforce 53 
assist enforcement vital statistics law 128 
enforcement undertaking and embalming law 71, 76, 77 
violations of health laws or regulations 16 
Autopsies: .•• 85 
regulation and control; repeal provision 11 
Bacteriologist in charge, county laboratory 31 
qualifications 10 
Bathing establishments, sanitary condition; preservation of life .. 81 
Bedding, sheets, towels, in hotels 79 
Bequests, grants, gifts.... 11, 21, 96, 106, 109, 110 
Birth registration 119 
Births and deaths, registration 9, 36, 115 
Blindness, prevention of 17 
Blood donor, certificate, physical examination 38 
Blood tests, pregnant women, syphilis 17 
Board: county, for appointment mosquito extermination commission 128 
of appeal, county tuberculosis hospital site, town 87 144 
The Public Health Law 
Board of health: page 
city 13 
city first class; smallpox, typhus, yellow fever and cholera 39 
city 50,000; provide vaccination 80 
consolidated health district 24 
county; establishment, compensation, expense, powers and duties 26, 27 
removal health officer, deputy, assistant 28 
county and city; provide treatment venereal disease 105 
local: 22 
actions, may maintain 35 
appointment; membership 22 
bathing establishments 81 
compensation of members 23 
disease, infectious and contagious or communicable 38 
infectious venereal suspects 104 
reports confidential 105 
dormitory ventilation; permit 84 
expenses .. 44 
general powers and duties 34 
health officer appointment 22 
compensation, duties 23 
executive officer of board 34 
failure to appoint 15 
hotels, sanitary condition ; 79 
institutions for children; inspection; complaints as to management.... 83 
licensed persons to register with 69 
mandamus 45 
meetings 34 
membership; organization 23 
mosquito breeding places 41 
nuisance, removal of 13, 41, 43 
order, regulation, ordinance; commissioner of health may reverse or 
modify 9 
order to convene 41 
orders and regulations 34 
penalties, prescribe and enforce 35 
relation to county board of health 27 
reports of municipal authorities 55 
right of entrance 41 
school children, vaccination 80 
sewage discharge; record of permits 55 
into Susquehanna river 51 
subpoenas; witnesses; oaths 35 
vaccination; expense; vaccine virus 39, 81 
warrants 35 
weeds and noxious growths 45 
state park health district 9 
town, jurisdiction 23, 44 
tuberculosis hospital site 87 
town or village, jurisdiction 23 
village, power as to sewers 36 
Board of managers: county health district coterminous with county 29 
county laboratory, right of appeal 33 
county tuberculosis hospital 29 
Board of supervisors: certificate of consent, county health district 26 
expenses, consolidated health district 25 
county health district 29 
laboratory supply station, county 11 
statement by clerk ’ ' ’ jg 
Board of trustees, village: ” 23 
expense of sewers 3g Index 
145 
PAGE 
Bodies: dead, permits for burial or removal ...117, 119 
from institutions, retained for relatives 85 
interred, record 119 
removal, deaths occurring on common carriers 118 
Bond issues, county 60 
Budget, director, approval of divisions, bureaus 8 
Buffalo, excepted 93 
Buildings, damages for removal for protection water supply 50 
Bureau of narcotic control 133 
Burial ground, burial permit required 119 
Cadavers 84, 85 
Camp, tuberculosis; approval of site, town 87 
Canals, overflow of water from 13 
Cancer: control 107 
free treatment 106 
reporting to health officer 40 
state institute for study of malignant diseases, Buffalo 106 
Cannabis, defined 133 
Carrier, disease 45, go, 104 
Cemeteries: burial permit required 119 
interments in, cities 3rd class 37 
Certificate: birth; certified copies 125 
certified copies evidence of age 123 
furnished parent 123 
information required 120 
new; filing; seal; certification, adopted child 122 
no statement marital status mother 120 
registrar to obtain missing items 117, 120, 122, 123 
registration 119, 120, 121 
supplemental report given name of child 121 
unrecorded 126 
coroner’s, death without medical attendance........ 118 
for discharge of drug addict 140 
of: amount, state aid 18 
approval; apprenticeship credits, embalming and undertaking 68 
hospitals, laboratories, dispensaries (narcotic drugs) 135 
laboratories 10 
state aid to counties 18 
vaccine virus 81 
commissioner of health, federal-aid funds 21 
polluted water supply 57 
rabies, existence of 35, 39 
smallpox, existence of 80 
consent, county health district 26 
crippled children expense 108 
death, information required 118 
disease carriers, necessity of continued quarantine 45 
examination and quarantine, commitment of children 83 
exemption, fireproof hospital buildings 92 
physician, physical examination of blood donor 33 
vaccination 80 
water escaping or discharged from canals 13 
registration, birth 123 
sale 43 
Certification of: birth 124, 125 
births and deaths properly registered 125 
communicable diseases reported by health officer 39 
Certiorari, review by 66 
Chief medical officer: report discharge committed carrier of disease 90 
Child: adopted 122 
stillborn 118 146 
The Public Health Law 
PAGE 
Children: crippled 17, 108 
federal-aid moneys 19 
institutions for; beds, ventilation, dormitories, permit 83 
examination and quarantine 83 
school, vaccination 80 
with impaired hearing 88 
Cholera, first class city, report 39 
Cities: board of health 22 
business and manufactures prohibited 46 
consent required, inclusion in county health district 26 
laboratory area 30 
first class 9, 39, 140 
> health officer 22 
laboratories 32 
rendering plants prohibited 46 
tenement houses in 16 
City: chief fiscal officer, certified statement crippled children expense 109 
excepted, water and sewerage 57 
more than 50,000 population, full-time health officer 37 
more than million population, excepted 79 
patients at West Haverstraw 108 
representation on county board of health 26 
sanitary regulations 7 
third class, cemeteries 37 
weeds, removal, destroy and abate 45 
Civil service: dairy and milk inspectors 8 
operators, public sewage and water treatment plants 8 
superintendents of hospitals (state tuberculosis) 96 
Cleansing and renovation after tuberculosis, expense owner or agent 89 
Clerk: county; certificate exemption fireproof buildings filed with 92 
oath county mosquito extermination commissioners 129 
village or town, fees 125 
Clinic, venereal disease 36 
Coco leaves, defined 133 
Code, sanitary, authorized, scope, effect, supersedes local ordinances 7 
College, school or university, cadavers for dissections 85 
Commission, sanitary district: appointment, organization, employees 59 
bond issues, tax assessments 60 
Commissioner: assistant 9 
education, state; report children with impaired hearing 88 
county health; appointment, qualifications, term, powers and duties 27 
absence or disability 28 
certificates, births and deaths 124 
deputies, assistant deputies, employees 28 
nuisances 41 
nurse employed by town, work under direction of 28 
reports of communicable diseases 29 
state health; (See also Department of health, state) 
acquisition of land in emergency 14 
action to recover penalties, vital statistics law 127 
appointment, qualifications, term, vacancy 5, 6 
appraisal, land and structures 15 
apprentice in embalming, registration 68 
approval: abolishment board of managers, county tuberculosis hospital 29 
state aid to counties 18 
laboratory service for county 30 
laboratory service, state hospitals 98, 114 
site, tuberculosis hospital, camp, etc., town 87 
assistants, employ 8, 12, 98 
autopsies 11 
births and deaths, preservation of records 122 
properly registered, annual certificate 125 Index 
147 
PAGE 
boards, local, and experts, employments 13 
bodies, rules for removal, death on common carrier 118 
canals, overflow of water 13 
cancer control 106, 107 
carriers of disease, medical care and maintenance „ 45 
certificate; federal-aid funds 21 
of approval, laboratories 10, 33 
vaccine virus 81 
of consent, county health district 26 
polluted water supply 57 
quarantine disease carriers 45 
rabies, existence of 31, 39 
smallpox, existence of 80 
state aid to counties 18 
certified copies; of records 125 
sanitary code 7 
children with impaired hearing 88 
compensation; expenses; assistants 8 
consolidated health districts 23 
contagious disease hospitals 10 
county health district, abolishment, notice of hearing 29 
county mosquito extermination commission; appoint members.... 128, 129 
estimate 130 
deputize responsibility 9 
deputy, appoint 6 
deputy duties prescribed by commission 6 
director, division laboratories and research, representative 33 
district state health officers act as representative 10 
districts, sanitary; district state health officers 9 
divisions and bureaus, determine 8 
embalming and undertaking; 66, 71 
apprenticeship schools 68 
reciprocal license , 69 
epidemics, inquiries as to cause 8 
examinations and analyses, request health officer or physician 10 
federal-aid administration 21 
fees and fines to state treasury 70 
fees to state treasury 126 
food in public places, supervision of cleanliness 98 
grants, gifts and bequests 11 
health; authorities, supervision local 8 
district board, ex-officio member 9 
districts, state park 9 
officer, furnish copy sanitary code regulations ...,.■ 7 
local board fails to appoint 15 
removal for cause 23 
by county board subject to review 28 
require to report on midwives 64 
hearing, order to discontinue pollution of waters 53 
Indians, relief in epidemics, audit expenses 44 
industrial establishments; permission to discharge refuse 53 
revocation of permit 54 
inspections and standards, laboratories 33 
inspectors, employ 99 
laboratories, contracts with; duties with respect to 10 
permits to handle live pathogenic germs 142 
state aid, approval in writing 30, 33 
laboratory substations, approval establishment 11 
supply stations, district 11 
maternity, infancy and child hygiene; 17 
federal-aid 21 148 
The Public Health Law 
Commissioner (Cont.) page 
midwife, withhold license 63 
midwifery license; rules and regulations practice of 62 
milk and cream, permit for importation 12 
contamination of supply, emergency measures 13 
control and inspection 12 
specialists and other employees, appoint 12 
mortality, investigate sources of 8 
narcotic: control, rules, regulations and determinations 134 
drugs, forfeited, applications for delivery 139 
record of receipt, disposal, distribution 139 
New York city excepted from supervision 8 
nuisances, examination upon order of governor 11 
nurses, public health; employment 10 
instruction 17 
occupation, conflicting, not to engage in 6 
order, regulation or ordinance, local, reverse or modify 8 
persons procuring blood donors, prescribe form of license 38 
poliomyelitis, suppression and control 19 
powers and duties 6, 8, 15, 17, 21 
prescribe form; application for permit to discharge sewage 53 
certificate of birth 120 
certificate of death 118 
certified statement, expense crippled children 108 
license, procuring blood donors 38 
record of permit, sewage discharge 55 
prescribe method vaccination; reports 81 
preservation of records, births and deaths 122 
prosecution delinquent physician, midwife, undertaker 127 
public health council; detail secretary; member 7 
qualifications established, approve 7 
public health law and sanitary code, enforcement 8 
publish scientific reports regarding cancer 106 
rabies, certify existence 39 
radium, rules for supply to staff for private patients 106 
Ray Brook, annual report board of visitors 112 
counties designated to be served 110 
superintendent, appoint, remove 113 
supervision and control 8, 108 
suspension of admissions, notify courts and officers 114 
realty subdivision, plat to be filed with 57 
refuse discharge pipes, plans 54 
registration; defective, correction 116 
districts, establish 116 
report, annual 15 
reports industrial establishments 55 
right of entrance and inspection 9 
salary, expenses 8 
sanitary code regulations, approve; enforce 7 
sewage and water pollution 52 
sewage, permit to discharge, transmit copy 53, 54 
hearing, action for injunction 52, 56 
sewers, sewage disposal; approve plans except state institutions 6 
village, recommendations 36 
smallpox, certify existence of 81 
state aid; certification for 18 
limitations upon 18 
state institute for study of malignant diseases 106 
state institutions; inspection 16, 99 
outbreak of disease 16 
right of entrance to kitchens 98 
under control commissioner of health, Ray Brook and West Haver- 
straw 108 Index 
149 
PAGE 
state tuberculosis hospitals 94 
consulting staff 97 
determine charge, care and treatment 95 
establish maintenance rate 95 
rules regarding admission of patients 94 
subpoenas, issue 9 
tenement houses in cities 16 
term of office 6 
tests for determining whether life is extinct 65 
typhoid carriers 45 
undertaker or embalmer suspend license 70 
undertakers; examinations and licenses 67 
vacancy in office 6 
vaccination, approve virus, prescribe method, furnish report form 81 
venereal diseases, standard of treatment 105 
violations, health laws 16 
violations, sewage discharge 56 
vital statistics law enforcement 127 
water and sewerage, realty subdivisions 57 
water; supplies, orders to protect ' 49, 57 
supply, inspection, prescribe 48 
West Haverstraw; establish rates 108 
regulations regarding admission of patients 108 
rules, bequests, etc 109 
superintendent; appoint, remove 112 
supervision and control 8 
witnesses, compel attendance and testimony 9 
Commissioner of health, deputy: appointment, duties, qualifications 6 
certify copies of sanitary code 7 
hearing tuberculosis hospital site, town 87 
power and authority, mid wives 64 
revocation license, midwife 6.3 
Commissioners, mosquito control 41 
Commitment: addicts, narcotic drugs 140 
carriers of disease 90 
dangerous and careless patients, tuberculosis 90 
Common carriers, deaths on; removal of bodies 118 
Communications to physicians not deemed confidential, narcotic drugs 134, 140 
Compensation: members board of health 23 
and expense, officers and employees, state department of health 8, 33 
health officer 24, 34 
public health council 7 
Comptroller, state: acquisition of lands in emergency 14, 15 
monthly list of free patients, Ray Brook 109 
state aid: to counties 19 
to laboratories 33 
warrant 21 
Condemnation proceedings 14, 32, 61 
protection water supplies 51 
Conference: expenses of health officer attending 34 
health officer to attend 37 
health officers with district officer 9 
Consolidated health district, compensation members board of health 24 
Consultants, state tuberculosis hospital, appointment; duties 98 
Consultations for mothers and children 17 
Corporation counsel, service certificate water pollution 57 
Coroner: deaths without medical attendance 118 
Council, public health: appointment, compensation, qualifications, powers and 
duties 6, 7 
carriers of disease 45 
county health commissioner, prescribe qualifications 27 
health officers, prescribe qualifications 23, 24 150 
The Public Health Law 
PAGE 
hospitals for contagious diseases, regulations 11 
laboratories, standards and qualifications 10 
sanitary code 7 
tuberculosis reports, authorize use 39 
Counties, state aid to 18 
County: admission state institutions in ratio to population 114 
board for appointment mosquito extermination commission 128 
bond issues ‘ 60 
clerk: affidavit, publication water supply rules and regulations 48 
certificate, fireproof hospital buildings 92 
certified copy; determination of vote, sanitary district 59 
map and certificate filed with, acquisition of land 14 
permit to discharge sewage, recorded 53, 54 
department of health, excepted water and sewerage 58 
health district authorized 26 
laboratory: in health district coterminous with county 29 
state aid 30, 32 
supply stations, district 11 
medical society, county health district 26 
mosquito extermination commission 128 
officer, abatement of nuisances 12 
patients at West Haverstraw 108 
state aid, public health work 18 
subdivision map, water supply, sewage 58 
treasurer; certified statement crippled children expense 109 
report state aid, refund 20 
tuberculosis hospitals; annual survey 95 
board of managers may be abolished, county health district 29 
courses for superintendents 96 
maintenance at state hospital 95 
Courses for superintendents of county tuberculosis hospitals 96 
Court: of claims, jurisdiction, lands taken in emergency 15 
certificate of birth, certified copy 122 
forfeited narcotic drugs 139 
Cremation 119 
Cultures, diphtheria release, additional compensation health officer 34 
Custodian, laboratory supply station 11 
Custody and payment of funds, federal aid 21 
Damages, buildings removed 50 
confining or killing dog 40 
destruction or injury to property 37 
Death certificate 118 
certified copies of records 125 
from tuberculosis, report 89 
registration 115, 123, 124 
Deaths without medical attendance 118 
Definitions: : 15, 53, 132 
county board of health, department, health districts, etc 26 
funeral directing, undertaking, embalming 71 
health district 106 
juvenile delinquents 83 
laboratory, approval 18 
municipality 11, 23 
narcotic drug act 132 
nuisance (house of prostitution) 99 
owners, suppression of nuisances 100 
sewage 53 
state department of health 16 
tuberculosis as communicable disease 90 
undertaker 67, 71 
Dentist: live pathogenic germs 142 
narcotic drugs 132, 135, 136 Index 
151 
Department of health: page 
county 26 
excepted, water and sewerage 58 
state (See also commissioner of health, state) 5, 16 
actions, proceedings and authority judicial 8 
acting health officer, report 35 
compensation officers, employees 8 
continue in state government 5 
disease; communicable, reports county health district 29 
infectious, contagious or communicable, reports 39 
smallpox, typhus, yellow fever and cholera, first class cities 39 
divisions and bureaus authorized 8 
embalmers and undertakers, examinations 66 
embalming and undertaking, forms furnished for registration 68, 69 
functions, powers and duties 6 
grants, gifts, bequests 11 
head to be health commissioner 5 
hospitals, state tuberculosis, under jurisdiction 94 
institutions; for children, approve inspection form 83 
state, jurisdiction supervision and control 108 
laboratories, expense of supervision and inspecting 33 
laboratory supply station, certification 11 
mandamus 45 
narcotic drugs; enforcement and cooperation..." 141 
prescribe record form 138 
order to convene local board 41 
poliomyelitis cases, certified for treatment 20 
registration, places where live pathogenic microorganisms are handled.. 142 
reorganization 6 
sewage, examination into discharge 57 
sewer system modification 54 
sewers, etc., approve plans except state institutions 6 
sewers and sewerage 6, 36, 49$ 51, 52, 54, 55, 56, 57 
water rules, notified of violation 49 
water supplies, rules and regulations for protection.. 48 
Department of taxation and finance, custodian federal-aid funds 21 
Departments of health, city 46 
Dining car, food preparation and service 98 
Dining room, food preparation and service 98 
Diphtheria carriers: 90 
release cultures, additional compensation 34 
Director: approved laboratory, qualifications 10 
county laboratory 32 
division of laboratories and research, inspection and standards of labora- 
tories outside New York City 33 
laboratories receiving state aid (excepting New York City) 33 
Directors, division 79 
Disease: blood donor to present certificate of freedom from; penalty 38 
carriers of; care and maintenance, expenses 45, 90 
committed cases, control of 90 
cities, first class (smallpox, typhus fever, yellow fever, cholera) 39 
communicable; case and death reports, county health district 29 
reports by physicians 36 
laboratory examination discloses 39 
contagious or infectious; outbreak in institutions 83 
relief of Indians, epidemic 44 
designated in sanitary code 38 
fees for reporting 39 
infectious, contagious or communicable, general provisions 38 
commissioner to inform registrars 122 
death from, burial or removal permit 122 
registrar to report 122 152 
The Public Health Law 
PAGE 
infectious venereal; detention of suspects; free treatment - 104 
isolation and treatment 105 
magistrate, order restraining examination of suspect 104 
medical examination, person convicted certain offenses 104 
reports confidential 105 
rules and regulations 105 
treatment only by physicians or on their prescriptions 105 
treatment required 105 
pestilential, infectious or contagious in almshouse 39 
venereal, additional compensation health officer 34 
exception, municipality having clinic 36 
sexual intercourse with person in naval or military service a felony.. 105 
Diseases: certain contagious (venereal) 104 
communicable, reports laboratory examinations 39 
contagious and infectious; public health nurses 10 
relief of indigent Indians 44 
malignant, state institute for study, Buffalo: 106 
board of visitors, membership, duties, expenses 106 
director, appointment, qualifications 107 
gifts and trusts 106 
investigations and treatments 106 
prevalent, duty of health officers 36 
Dishes or containers for fpod 98 
Disinfection, cleansing or renovation of premises, tuberculosis 89 
Dispensary, approval, narcotic drugs 135, 137 
Dissection, cadavers 84 
District: consolidated health; establishment, powers 24 
expenses 25, 26 
in county health district 28 
county health; 26 
city not to be included without consent 26 
expenses 29 
local health districts within 28 
registration vital statistics 124 
supervisors may abolish after three years 29 
village boards of health 28 
withdrawal of city 28 
health, authorized 9 
defined 106 
sanitary 58 
cities of first class excepted 9 
joint disposal of sewage 58 
petition for election 58 
right of way 61 
state park health 9 
Districts less than 50,000 population, reports infectious and contagious or 
communicable disease 39 
registration, vital statistics 115 
Divisions, state department of health 8 
Dogs 39 
Dormitory permits; beds; ventilation 83 
Drainage, removal mosquito breeding places 42 
Drugs, narcotic (Art. XXII): 
acquittal, conviction under federal laws, effect 141 
acts prohibited 134 
addicts; commitment, procedure, discharge !!.!.!!! 140 
in first class city 140 
not to be licensed !!!..!!.!.! 135 
not to be funeral director, embalmer or undertaker 75 
resorts of, deemed commion nuisance I39 
advisory board 1 ! * I34 
apothecary 133, 130' 137 i38 
8ale V Index 
153 
PAGE 
apparatus for use of opium, possession 141 
certificate of approval, hospital, laboratory, dispensary 135 
official, discharge committed addict 140 
communication to physician not deemed confidential 134, 140 
constitutionality 141 
conviction, notice of, to licensing authority 139 
definitions 132 
dentist 132, 135, 137, 138, 140 
dispensary; approval 137 
drugs, authorized possession by individuals; limited 136, 138 
definitions 132 
excepted (heroin and its salts) 137 
exempted 136 
forfeited, disposition 139 
lost, destroyed or stolen . 138 
obtaining from one physician while under treatment from another.... 141 
professional use 136 
return of unused portions 136 
employees, state and other 135 
enforcement and cooperation 141 
exceptions and exemptions not required to be negatived 140 
fraud or deceit 140 
hearing, revoke or suspend license 134 
interne 136 
interpretation and construction of article 141 
labels 138 
laboratory, person in charge 135 
license, qualifications for. . . 134 
laws, inconsistent, repeal of 141 
manufacturers and wholesalers 134 
master of ship or aircraft 135 
nurse 136 
order forms 133 
orderly, administer under supervision veterinarian 136 
orders: hospitals 136, 139 
sale on 135 
penalties 141 
persons and corporations exempted 138 
physicians 132, 134, 135, 136, 137, 138, 140, 141 
prescriptions; not to be refilled.. 136 
written, sale on 135, 138 
record to be kept 137 
records confidential 139 
reinstatement, license or registration 139 
rules and regulations and determinations, commissioner of health 134 
sales on written orders 135 
upon written prescriptions 136, 138 
supervisor and investigators, powers of peace officers 134 
cooperate with federal and state officers 141 
uniform act 132 
veterinarian 132, 135, 136, 137, 138, 140 
Drug store, cleanliness in preparing food 98 
Dwellings boarding tuberculosis cases, certification 92 
Election, petition for, sanitary district 59 
Embalmer and undertaker: registration; penalty default 69, 74 
not eligible as registrar, deputy registrar or subregistrar 116 
registration with board of health 69 
Embalming and undertaking; additional fee for undertaker license 68 
apprenticeship, technical training 68 
definitions 71 
disposition of fees, fines and penalties 70, 74 154 
The Public Health Law 
PAGE 
examination questions 66, 72 
penalties 70 
qualifications for licenses . . . 66, 72 
reciprocal licenses ' 67, 73 
record of license 67 
revoking or suspending license 75 
Enforcement public health law and code 7, 8, 9 
Engineer and surveyor, state, former powers, assign to health department.... 6 
Engineer, sanitary, on public health council 6 
Entrance and inspection 11, 41, 42, 48, 55, 93, 98, 130, 134, 139, 141 
Epidemic, relief of indigent Indians 44 
Epidemics, commissioner to inquire into cause 8 
Examination and inspection, public works 14 
Examinations, laboratory, tuberculosis, results confidential 39, 89 
upon request health officer or physician 10 
Expense of abatement public nuisance 12 
disinfection, cleansing or renovation 90 
nuisance removal . 43 
removal mosquito breeding place 41 
Expenses: consolidated health district 25, 26 
correction defective registration 117 
county health district 29 
disease carriers, care 45 
health officers attending conferences 34 
Indians, indigent 44 
laboratory, board of managers 31 
supply station 11 
local board fails to appoint health officer 15 
local board of health 44 
members public health council 7 
mosquito extermination commission 129 
rabies 35 
registrar of vital statistics 116 
removal mosquito breeding places 41 
sanitary district commissioners, employees 59 
sewers, village 36 
smallpox 34 
typhoid carriers 45 
Experts, sanitary, employment 14 
Factory wastes - 54 
Federal-aid, administering 20 
Fee: certified copies of records 124, 125 
default of registration, embalming and undertaking 70 
dogs, seized, confined and killed 40 
embalming and undertaking, apprenticeship 68 
license to practice embalming, undertaking 66 
registration, embalmers and undertakers 69 
undertaking firm 69 
reporting births and deaths 124, 127 
infectious and contagious or communicable disease 39 
Fees, consultants, sanitary district commission * 61 
Fertilizer plants, prohibited in cities 46 
Fire: alarm boxes, hospitals, schools, etc 93 
department, certify buildings fireproof 92 
written notices 93 
escapes, hospitals, sanatoria, etc 92 
Food, cleanliness in preparation and service 98 
Funeral: directing, practice of 71 
establishment, operating 75 
Gifts, and trusts, grants, bequests 11, 21, 96, 106, 109, 110 Index 
155 
PAGE 
Governor: annual report to 15 
appoint; commissioner of health 5 
public health council 6 
state institutions, board of visitors 106, 111 
approval, acquisition of land in emergency 14 
order to discontinue pollution of waters 53 
nuisances declared 12 
public health counoil, designate chairman 7 
tenement houses, cities 16 
Grants: federal-aid funds 20 
gifts and bequests 11, 21, 96, 106, 109, 110 
Health officer: absence not exceeding three months 35 
acting 35 
additional compensation 34, 81 
annual sanitary survey - 36 
appointment; qualifications; term; removal 22 
assistants; compensation 35 
assistants or deputies, cleansing and disinfection 89 
births and deaths, registration 36 
carriers of disease under surveillance • 45 
chief executive officer of board 34 
cities; first class, smallpox, typhus, yellow fever, cholera 39 
second and third class 32 
city more than 50,000 population, full time 37 
commissioner of health to act where board fails to appoint j 15 
communicable disease; deaths from 104 
guard against introduction 38 
reporting 29, 39 
secure prompt and full reports 36 
compensation, expenses 34 
conference attendance 34, 37 
consolidated health district 24 
county health district 26 
custodian laboratory supply station 11 
daily reports to county health commissioner 29 
deaths without medical attendance 100 
disinfection of premises (tuberculosis) 89 
district state; appointment and duties 9 
certificates, births and deaths 105 
conferences with health officers 9, 37 
qualifications 7 
representative of commissioner of health 10 
entrance and inspection, right of 41 
examinations and analyses upon request 10 
exemption from personal liability 37- 
failure of local board to appoint 15 
general powers and duties 36 
jurisdiction, district health officer to adjust questions of 9 
laboratory, report to, communicable disease 39 
local, powers and duties, compensation 34 
medical certificate of death 101 
midwives, report conduct of 63 
not to be sued 37 
nuisances, investigate and report 41 
nurses, public health, employ 37 
penalty, recover 86 
persons procuring blood donors, license 38 
places of public assemblage; inspection, report 36 
poliomyelitis, suppression and control 19 
powers and duties, general 36 
qualifications 7, 15, 24 156 
The Public Health Law 
PAGE 
rabies; prevention of spread 39 
report, confining or killing dog 40 
suppression, expense 35 
registrar, serve without additional compensation 116 
removal 28 
reports; cancer and malignant tumor 40 
confidential 105 
infectious and contagious or communicable disease 38, 39 
sanitary code regulations to 7 
sanitary supervision 32 
secretary consolidated health board 24 
spread health information 36 
state park health district 9 
town, hearing tuberculosis hospital site 87 
tuberculosis: 
cleansing, renovation and disinfection 89 
dangerous and careless patient; notice; commitment 90 
duties imposed upon physicians 91 
placard infected premises 90 
recovery of patient, report 91 
* register 89 
require physician to take additional precautions 91 
sputum examinations, report 88 
vacation of premises reporting 89 
vaccination; how made; reports 81 
additional compensation 81 
written reports presumptive evidence 37 
Hearing: abolish county health district 29 
bond issue 60 
commitment dangerous and careless tuberculosis patient 90 
order to discontinue pollution of water 53 
petition, sanitary sewer 59 
removal; county health commissioner 27 
health officer, county health district *. 28 
member board of visitors, Ray Brook Ill 
revocation license; embalming, undertaking 76 
midwife 63 
revocation permit to discharge sewage 54 
revoke or suspend license (narcotic drugs) 134 
site tuberculosis hospital or camp, town 87 
violation sewage discharge 56 
withdrawal of city from county health district 28 
Hermann M. Biggs memorial hospital 94 
Homer Folks tuberculosis hospital 94 
Hospital: buildings, iron stairways; fireproof certificate 92 
camp, etc., tuberculosis; approval of site, town 87 
cancer and other malignant tumor 40 
cancer control, facilities 107 
county tuberculosis, board of managers may be abolished, county health 
district 29 
defined 133 
dissection; cadavers 84 
drugs; application for forfeited narcotic 139 
approval, narcotic 134 
narcotic, sale to 136 
fire alarm boxes 93 
for contagious diseases; recommendations and inspection by commissioner.. 10 
public health council may regulate 11 
infectious and contagious or communicable diseases 38 
iron stairways 92 
like privileges to matriculated students medical colleges 93 
medical staff excepted 70 
or dispensary, request sputum examination 88 Index 
157 
PAGE 
or sanatoria, tuberculosis, report infectious and contagious or communicable 
disease 39 
registration of persons in 121 
state, for crippled children, West Haverstraw 108 
for incipient tuberculosis, Ray Brook 109 
for treatment of cancer and allied diseases 106 
registrar vital statistics 115, 116 
tuberculosis, aid to county hospitals 96 
admission of patients 94 
authorized 94 
consulting staff 97 
control in the department of health 94 
custody of property 96 
laboratories, use by municipalities 98, 114 
superintendent, powers and duties 96 
typhoid carriers, care 45 
Hotels: bedding, sheets, towels 79 
cleanliness, food preparation and service 98 
sewers and drainage; ventilation 79 
Indian reservations, inspections 10 
sanitary code may include provisions 7 
Indians, indigent, relief in epidemic 44 
Industrial establishments: penalty discharge without permit 56 
permission to discharge refuse 54 
reports evidence of exemption 55 
revocation of permit 54 
Information, health 17, 36 
Inquest, coroner’s 118 
Inspection: hospitals for contagious disease 10 
hotels 79, 98 
institutions for children 83 
public, penal or charitable 98 
laboratories, supply stations and substations 11 
places of public assemblage 36 
public eating places 98 
public works 14 
records, etc., narcotic drugs, by officials. 139 
right of entrance and 11, 41, 42, 48, 55, 93, 98, 130, 134, 139, 141 
sewage and waste discharge 55 
watersheds 48 
Inspectors: dairy and milk; qualifications 8 
not subject to suit 37 
written reports presumptive evidence 37 
Institute for study of malignant diseases, state 106 
Institutions: charitable or penal, registrar vital statistics 115 
children’s monthly examinations, reports 83 
dissection 85 
examination and quarantine children admitted (except hospitals) 83 
public, state aid for 18 
public, penal or charitable, food preparation and service 98 
registration of inmates 121 
report infectious, contagious or communicable disease 38 
state; employees as special policemen 113 
examination and inspections 16 
excepted, sewer and sewage disposal plants 6 
in the department (Ray Brook and West Haverstraw) 108 
report infectious and contagious or communicable disease.. 16, 38 
sewage 50 
supervision and control commissioner of health 8 
water supply and inspection 48 
United States, sewage 50 
water supply and inspection 48 158 
The Public Health Law 
PAGE 
Interments 119 
in cemeteries, 3rd class cities 37 
Interne, administer narcotic drugs under direction physician 136 
Judge of children’s court, admission West Haverstraw on order of 108 
Justice Supreme Court, petition for election 58 
Juvenile delinquents: defined 83 
institutions for ... 83 
Label: live pathogenic microorganisms or viruses 142 
narcotic drugs 138 
Labor camp, inspection 10 
Laboratories: approval, narcotic drugs 135 
blood test of pregnant woman for syphilis 18 
branch, authorized 32 
certificate of approval, examinations and analyses 10 
contracts with, standards, approval 10 
county, area to be served; fee 29 
board of managers: expenses 31 
may be abolished, county health district 29 
establishment; referendum 30 
cultures, live pathogenic germs; registration places handling 142 
defined 18, 133 
director or bacteriologist in charge; powers 31 
qualifications 10 
employees, appointment, removal 32 
establishment; duties of commissioner 10 
examinations, persons suspected, infectious venereal disease 104 
examinations, reports communicable disease 39 
tuberculosis confidential 39 
except New York City, inspection and standards 33 
in cities '. 32 
narcotic drugs only for use by or in, on written order 136 
powers; of boards of managers 31 
of supervisors 30 
records 39 
service county authorized 30 
serving less than county, expenses 29 
standards established by public health council 10 
state aid 33 
state hospitals, use, municipalities 98, 114 
supervision, except New York City ' 33 
supply station; distribution supplies to physicians; custodian 11 
viruses other than vaccine virus 142 
Land, acquisition of 14 
Lands 96 
Liability, personal exemptions from 37 
License: embalming and undertaking 66 
manufacturers and wholesalers, narcotic drugs 135 
persons procuring blood donors 38 
practice midwifery 62 
Lien upon premises: abatement of nuisance 12, 43 
removal mosquito breeding places 41 
Lieutenant governor, appeal board, hospital site, town 88 
Life, preservation of, seashore bathing places 82 
Lifelines, seashore, bathing places 82 
Magistrate, commitment of narcotic drug addict 140 
Mandamus 45 
Manufacturers and wholesalers, narcotic drugs, license 134 
Marihuana 138 
Maternity, infancy and child hygiene: 17 
federal-aid moneys 20 Index 
159 
PAGE 
Mayor, service certificate, water pollution 57 
Medical attendance, disease carriers 45 
Medical college: cadavers 85 
graduate as health commissioner 5 
like privileges in hospitals 92 
Midwife: annual registration , 121 
birth, registration of 119 
failure to file birth certificate; fee; prosecution 126 
fees 124, 125 
licensing and registration 62 
New York City and Rochester excepted 64 
not to practice 63 
not to sign death certificate, stillbirths 118 
practice limited, normal labor only 63 
qualifications 62 
renewal of licenses 64 
required to supply information regarding birth or death 122 
sanitary code may regulate practice 7 
supervision and training 17 
withholding license; revocation 63 
Milk and cream: importation 12 
investigation, study and survey 12 
Milk: control and inspection 12 
specialists and other employees 12 
supply, emergency measures to protect 13 
misdemeanor, violation sanitary code 7 
Mosquito breeding places 41 
Mosquitoes, extermination 128 
Mothers and children: consultations in rural districts 17 
information through instruction by physicians, nurses, publications 17 
Municipalities, actions by, sewage discharge 56 
Municipality defined 11 
Narcotic drug act (see also Drugs) 132 
New York City: admissions state institutions, ratio to population. 114 
bathing places 82 
excepted 7, 8, 45, 64, 82, 92, 93, 105, 140 
exempted 128 
federal-aid funds 20 
inspection of water 48 
poliomyelitis, suppression and control 20 
rules and regulations protection water supply 48 
venereal disease 18, 105 
New York State hospital for the treatment of incipient tuberculosis, Ray Brook 108 
New York State reconstruction home, West Haverstraw 108 
Notice: injunction, house of prostitution 100 
of membership, local board of health 23 
posting and publication, hearing, sanitary district 59 
publication, hearing tuberculosis hospital site 87 
service; owner of property, abatement of nuisance 43 
person violating water rules 48 
upon careless tuberculosis patient 73 
Nuisances H> 41 
carelessness of person having tuberculosis 90 
cities • • 46 
common, resort of drug addicts 139 
expense of abatement lien upon premises .. 41 
house of prostitution 99 
investigation ordered by governor 12 
member of board to assist in examination, cities 13 
mosquito breeding place 130 160 
The Public Health Law 
PAGE 
orders and regulations for suppression 34 
removal 41, 43 
weeds and noxious growths 46 
Nurse: administer narcotic drugs under direction physician 136 
employment, maternity and child hygiene 17 
exemption from personal liability 37 
instruction of 17 
of mothers by 17 
not to be sued 37 
public health, commissioner may employ and assign 10 
employment by health officer 36 
by town board in county health district 28 
work under direction health officer 37 
report child with impaired hearing 88 
written reports presumptive evidence 37 
Officer, administrative 9 
county, abatement public nuisance 12 
Opium, apparatus for use.; 141 
defined 133 
Order or ordinances, local, commissioner of health may reverse 9 
to discontinue pollution of waters 52 
Orderly, administer narcotic drugs under supervision veterinarian 136 
Orders, local board of health 34 
prescription narcotic drugs, records confidential 139 
written, sale of narcotic drugs 135 
Ordinance, local, sanitary code supersedes 7 
Orphanage, examination and quarantine children admitted 83 
fire alarm boxes 93 
Orthopedic hospital, state, medical supervision and control 8 
(see New York state reconstruction home, West Haverstraw) 
Parent or guardian, report children with impaired hearing 88 
Park; state, bathing beaches excepted... 83 
health districts 9 
Pathologists, qualifications 10 
Penalty: carelessness person having tuberculosis 90 
failure to register, embalming or undertaking 70, 77 
false statement or report by physician, tuberculosis 91 
food, preparation and service, public places 98 
health officer, recover from medical colleges, etc 86 
house of prostitution 102 
sanitary code violation 7 
sanitary conditions, hotels 79 
violation; health law or regulation 16 
order or regulation local board 35 
state sanitary code 7, 35 
tuberculosis law 91 
venereal disease law 105 
vital statistics law 127 
Permit: burial or removal 117, 119 
discharge sewage 53, 54 
importation milk and cream 12 
industrial establishment, refuse or waste 54 
Physician: 
acting health officer, three months 35 
admission of patient to state tuberculosis hospital 95 
annual registration 121 
birth and death, required to supply information regarding . . 122 
birth, registration of 120 
blood test of pregnant woman; syphilis : 18 
cancer control, cooperation 107 Index 
161 
PAGE 
certificate; 13 
employment 126 
physical examination, blood donor 38 
vaccination 80 
commissioner shall be 5 
communication to, not deemed confidential 134, 140 
complaint careless tuberculosis patient 91 
death, medical certificate 118, 119 
deaths from infectious, contagious or communicable disease 122 
defined * 132 
deputy commissioner shall be 6 
failure to file certificate; fee; prosecution 126 
fees 124, 125 
in charge, institutions, specify disease 121 
laboratory; examinations and analyses upon request 10 
county, on board of managers 31 
supplies 11 
licensed and approved; examinations and treatment venereal disease suspects 104 
institutions for children 83 
members of county board of health 27 
live pathogenic germs 142 
midwife to secure, other than normal delivery 63 
narcotic drugs; 136 
obtaining from one, under treatment from another 141 
notice vacation of premises by tuberculosis case 89 
on local board of health 22 
on public health council 6 
or surgeon, excepted 70 
organizations of, district health officer to enlist cooperation 10 
report; cancer and other malignant tumors 40 
children with impaired hearing 88 
infectious or contagious and communicable disease 38 
recovery of tuberculosis patient 91 
vaccination 81 
violation 84 
sanitary code regulations not to discriminate against 7 
stillbirths 118 
superintendent state tuberculosis hospital 96 
tuberculosis; complaint, careless tuberculosis patient 90 
examination of patients for Ray Brook hospital 110 
failure to perform duty; false reports 91 
health officer to report results of examination 89 
penalty false report 91 
protection patient’s family 91 
report recovery patient 91 
request sputum examination 88 
statement procedure and precautions 91 
vacation of premises by case 89 
Places of public assemblage, inspections, report 36 
Plans: and specifications, water, sewerage, realty subdivisions 57 
public works 14 
refuse discharge pipes 54 
sewage and sewage disposal 63 
Plumbing and drainage: hotels 79 
institutions for children 83 
Poliomyelitis: suppression and control 19 
Potable waters 47 
Powers, functions and duties, commissioner of health 12 
Practice prohibited, embalming or undertaking 70 
midwives 63 
Pregnant women, blood tests for syphilis * 17 162 
The Public Health Law 
PAGE 
Prescription: dating and cancellation, narcotic drugs 136 
not to be refilled 105, 136 
orders, records confidential 139 
Property destroyed, action for damages 37, 50 
Prostitution, bouses of 99 
Public works, examination and inspection . 14 
Publication: notice; of hearing 53, 59, 60, 76, 87 
of sale 43 
of notice 14, 100, 130 
orders and regulations 34 
rabies notice 35 
regulations sanitary code 7 
water rules and regulations 48 
Publications, instruction of mothers through 17 
Quarantine: acquisition of land for 14 
establishment 39 
typhoid carriers 45 
Rabies: certification of existence 40 
expenses of health officer 34 
prevention of spread; expenses 40 
Ray Brook, state hospital for incipient pulmonary tuberculosis 8, 108, 110 
Realty, subdivisions, water and sewerage service 57 
Record: certified, prima facie evidence 126 
confidential; laboratory examinations tuberculosis 39 
narcotic drugs 139 
venereal disease 105 
district 123 
drugs, narcotic received, dispensed, etc 137 
tuberculosis 88 
Referendum, county laboratory 30 
Refuse discharge pipes 55 
Register, tuberculosis 89 
Registrar of vital statistics: appointment, qualifications 116 
birth registration . 120 
bodies removal, death on common carrier 118 
burial or removal permits 117, 119, 123 
certification of birth . 124 
certified copies of records, prima facie evidence 126 
combined districts; appointment, remuneration, expenses 115 
commissioner of health to provide blanks, forms, instructions 122 
consolidated health district 25, 116 
correction of defective registration; expense 117 
county or state health district 124 
death certificate 118, 123 
deaths from; communicable disease 29 
infectious, contagious or communicable disease 123 
deputy appointment 117 
district records kept by 123 
enforcement vital statistics law 127 
expenses 116, 125 
fees 118, 124, 125 
health officer eligible without additional remuneration 116 
interment within state 119 
midwife, licensed, register with 62 
penalties 127 
physicians; midwives, undertakers or informants to supply information 
regarding birth or death 122 
mid wives, undertakers, registration 121 
record book 122 
registration districts 115 Index 
PAGE 
removal by commissioner of health 116 
report monthly 124 
rules and regulations public health council 117 
state hospital, charitable or penal institutions 116, 124 
stillborn children 118 
subregistrars, appointment, duties, removal 116 
supplemental report, given name of child 121 
term of office 116 
town board may appoint 117 
town clerk eligible 116 
undertaker or embalmer not eligible 116 
Regulations: for cleansing, disinfecting, renovating 73 
local board of health; 7, 34 
commissioner of health may reverse or modify 9 
sanitary (sanitary code) authorized 7 
Rendering plants prohibited, cities 41 
Report: annual; 15 
abstract of reports regarding contagious disease hospitals .. 10 
cancer institute 107 
county laboratory 31 
county mosquito extermination commission; publication 130 
county fiscal officer, state aid 19 
Ray Brook and West Haverstraw, boards of visitors 112 
treasurer 114 
cancer and malignant tumors, confidential 41 
communicable disease 29, 36, 39 
health officers and employees, regarding midwives, prima facie evidence 63 
laboratory examinations confidential, tuberculosis „ 39 
poliomyelitis cases, persons 21 and over 20 
scientific, regarding cancer 106 
venereal disease, confidential 39 
written, of health officials, presumptive evidence 37 
Restaurant, food preparation and service . 98 
Right of entrance: 9, 14, 38, 42, 48, 93, 97, 130 
and inspection 55, 134 
Rights, riparian 58 
Rochester excepted 64, 93 
Rules and regulations: admission to Ray Brook and West Haverstraw 108 
county laboratory ....'. 31 
embalming and undertaking 66, 76 
epidemic among Indians 44 
federal aid 21 
food, preparation and service 99 
for cleansing, disinfecting, renovating 89 
laboratory supply stations 11 
midwifery 63 
public health council, registration, births and deaths 115 
sanitary (sanitary code) authorized 7 
sanitary district 61 
typhoid carriers 45 
. venereal disease 105 
violations 16 
water supplies; protection of , 43 
legalized 49 
Rules, removal of bodies, death on common carrier 118 
Sanitary code; authorized, scope, copies, effect 7 
examinations approved laboratory 10 
of New York City excepted 41 
violations 7, 16, 66 
School authorities accept birth certificate as evidence of age 123 164 
The Public Health Law 
PAGE 
Schools: certificate of vaccination 80 
embalming and undertaking apprenticeship 68 
fire alarm boxes 93 
for deaf 88 
medical, like privileges in hospitals 92 
Secretary: county health district 27 
public health council 6 
sanitary district commission 59 
Secretary of state: report of nuisance 12 
state park health district 9 
Senate, consent to appointment of health commissioner 5 
Sewage: 49 
action by municipalities to prevent discharge 56 
defined 53 
discharge; into certain waters prohibited 52 
into Susquehanna near Binghamton prohibited 51 
into Wallkill Creek prohibited 51 
joint disposal of; ... .’ 58 
acquiring property rights of way 61 
bond issues, taxes 60 
commission, appointment, organization 59 
duties, employees 60 
election 59 
partial invalidity of article 61 
rules and regulations authorized 61 
supreme court justice to fix boundaries 59 
territory included in sanitary district 58 
permission to discharge 54 
revocation of permit 54 
treatment plants, public; qualifications of operators 8 
Sewerage, state department of health, powers and duties. .36, 48, 49, 50, 52, 53, 57 
Sewers: and drainage, hotels 79 
approval of plans, except state institutions 6 
bathing establishments 81 
in public streets, roads and highways 61 
sanitary district 58 
systems exempt 55 
village 36 
Sheets, bedding and towels, hotels 79 
Slaughter houses and rendering plants 46 
Smallpox, additional compensation 34 
existence, certification by commissioner 80 
report, first class city 39 
vaccination, cities 50,000 80 
vaccine virus 39 
Soda fountains: cleanliness in preparing food 98 
Social security assistance 20 
Speaker of assembly, appeal board tuberculosis hospital site 88 
Sputum examinations 88 
Stairways, iron, on hospital buildings 92 
Standards: of construction, equipment, etc., state aid 18 
of service 21 
State aid: counties engaged in public health work 18 
institutions, public 18 
laboratories 30, 33 
poliomyelitis, suppression and control 19 
sanitary districts, duties of commissioner 9 
Steamboat, food preparation and service 98 
Stillbirths: midwives not to sign death certificates 118 
registration 118 
Subdivisions, realty, sewer and water service 57 
Subpoenas 9, 35, 66, 76 Index 
165 
PACK 
Subregistrar, appointment, duties, removal 116 
Superintendent, county tuberculosis hospital, courses at state hospital 96 
public works, acquisition of land in emergency 14 
overflow of water from canals 13 
survey upon request of commission 14 
state tuberculosis hospitals 96 
Supervisors, board of, annual report county laboratory 31 
chairman ex officio member mosquito extermination commission 129 
clerks and assistants mosquito extermination commission 130 
consolidated health district 24 
county bonds 60, 61 
county health district 25 
county health district coterminous with county 29 
county tuberculosis hospitals 95 
laboratory or laboratory service, state aid 10, 29, 30, 31 
patients West Haverstraw, accounts of 108 
petition for bond issues 60 
Supreme court, action to enjoin nuisance 100 
approval certiorari , 54 
injunction to stop discharge of sewage 57 
Surgeon, excepted 70 
Survey, annual, county tuberculosis hospital 95 
annual sanitary, by health officer 9, 36 
source of supply, milk and cream 12 
Surveys and studies 17 
Suspects, venereal disease, treatment 104 
Susquehanna river, discharge of sewage prohibited 51 
Tenement houses in cities 16 
Towels, individual, in hotels .. ., 79 
Town, sanitary regulations 7 
Towns, town board 23 
Transfusion; blood donor; certificate; license; penalty f 38 
Treasurer, county: certified statement crippled children expense 109 
fees, fines and penalties 70 
funds from county, West Haverstraw 108 
laboratory expenses, county not having purchasing agent 32 
report state aid, refund 19 
state refunds, state aid to counties 19 
Tuberculosis: carelessness prohibited 90 
carrier ...' 90 
control dangerous and careless patient 90 
disinfection of premises 89 
disorderly patient 91 
health officer 89, 90, 91 
hospital; commitment dangerous patient; discharge. 90 
in county health district - 29 
laboratories, use, municipalities 98 
site in town 87 
state, admission of patients .. . 94 
maintenance of patients 95 
penalty failure physician to perform duties; false report 91 
placarding premises 90 
protection; of patient’s family 91 
of records 88 
Ray Brook, admission 109, 114 
register of cases 89 
reporting recovery of patient 91 
reports confidential 39 
sputum examination 88 
Typhoid fever carrier 45, 90 
Typhus fever, report, first class cities 39 166 
The Public Health Law 
PAGE 
Undertaker; annual registration 121 
deaths without medical attendance 118 
defined 67 
dissection; cadavers 84 
duties 126 
embalming, practice of 66 
examination 67 
failure to file certificate; fee; prosecutions . 119 
interment within state 119 
licensing, etc . 66 
qualifications 66 
required to supply information regarding death 119, 122 
suspension of license 70 
Undertaker or embalmer, not eligible as registrar, deputy or sub-registrar 116 
University of Buffalo 106 
United States medical officer, excepted 70 
Vaccination: additional compensation 81 
state commissioner of health to prescribe method 81 
vaccine virus, board of health to provide 39 
Venereal disease: clinic 36 
pregnant women, blood tests for syphilis 17 
reports, confidential 39 
suspects, treatment required 105 
Ventilation: hotels 79 
institutions for children 83 
Veterinarian: certificate, importation milk and cream 13 
live pathogenic germs 142 
narcotic drugs; record 136, 137 
Village: in health district 28 
sanitary regulations 7 
Viruses, handling (other than vaccine virus) 142 
Vital statistics: division of 115 
provisions relating to (see also registrar) 115 
Wallkill Creek, discharge of sewage prohibited 51 
Warrants, board of health 35 
Water: and sewerage, realty subdivisions 57 
inspection .... 48 
supplies, orders by commissioner of health 57 
supply; New York City, limitations on sanitary control 51 
removal of buildings 50 
right of entrance 49 
rules and regulations; protection of water 48 
legalized 49 
of department 48 
sewage 49 
treatment and purification plants, public, qualification of operator.... 8 
Waters, potable 47 
Weeds, danger to public health, removal 45 
Welfare officer: epidemic of contagious or infectious diseases 44 
report children with impaired hearing 88 
Westchester county: rabies suppression, expense 35 
trunk sewer plans (footnote) 53 
West Haverstraw, New York State Reconstruction Home 108 
supervision and control state commissioner of health 8 
Witnesses: board of health may compel to attend and testify 35 
commissioner of health ...9, 72 
Yellow fever, report first class cities 39 
9-S-44-(4M)-4 H 2-40