NYS Reporting Regulations

CHAPTER I STATE SANITARY CODE

Part 22
Environmental Diseases

(Statutory authority: Public Health Law, §§ 225[5][t], 206[1][j])

Sec   Sec  
22.4 Reporting of occupational lung disease 22.7 Reportable levels of heavy metals in blood and urine
22.5 Classification of occupational lung disease 22.11 Reporting of pesticide poisoning
22.6 Reporting of heavy metals in blood and urine 22.12 Reportable laboratory tests for pesticide poisoning

Historical Note
Part (§§ 221.-22.10) filed May 14, 1981 eff.
May 14, 1981. See sec. 22.10 for exceptions.

22.4 Report of occupational lung disease. Every physician, health facility and clinical laboratory in attendance on a person with clinical evidence of occupational lung disease, as categorized in section 22.5 of this Part, shall report such occurrence to the State Commissioner of Health within 10 days. Such report shall be on such forms as prescribed by the State Commissioner of Health.

Historical Note
Sec. filed May 14, 1981; amd. filed Aug. 14, 1990
eff. Aug. 29, 1990

22.5 Classification of occupational lung disease. For the purpose of reporting occupational lung disease as required by section 22.4 of this Part, occupational lung disease shall be categorized according to the following probable causative agents or nomenclature as applicable.

Coal workers lung disease
Silicosis
Asbestosis/Asbestos-related disease
Berylliosis
Talcosis
Hard metals disease (Tungsten, Cobalt)
Byssinosis
Bronchitis due to occupational exposure
Hypersensitivity Pneumonitis (occupational)
Occupational Asthma
Other occupational lung disease

Historical Note
Sec. filed May 14, 1981; repealed, new
filed Aug. 14, 1990 eff. Aug. 29, 1990

22.6 Reporting heavy metals in blood and urine. Every physician, clinical laboratory and health facility in attendance of a person with a blood or urine test resulting in a value at or above those listed in section 22.7 of this Part, shall report such occurrence to the State Commissioner of Health within 10 days of the receipt of the results of such test. The report shall be on such forms as prescribed by the State Commissioner of Health.

Historical Note
Sec filed May 14, 1981 eff. Dec. 1, 1981.

22.7 Reportable levels of heavy metals in blood and urine. For purposes of section 22.6 of this Part, the following levels of heavy metals in blood and urine samples are reportable to the State Commissioner of Health:

Metal Sample Reportable at
or above
Lead Blood 25 ug/dl*
Cadmium Blood 10 ng/ml
  Urine 5 ug/l
Mercury Blood 5 ng/ml
  Urine 20 ng/ml
Arsenic Urine 50 ug/l

Historical Note
Sec filed May 14, 1981, amd. filed Sept. 11, 1986
eff. Sept. 11, 1986

22.11 Reporting of pesticide poisoning. Every physician, health facility and clinical laboratory in attendance on a person with confirmed or suspected pesticide poisoning or with any of the clinical laboratory results as described in section 22.12 of this Part, shall report such occurrence to the State Commissioner of Health within 48 hours. This report shall be on such forms or in such manner as prescribed by the State Commissioner of Health.

Historical Note
Sec. filed Aug. 14, 1990 eff. Aug. 29, 1990

22.12 Reportable laboratory tests for pesticide poisoning. For the purposes of section 22.11 of this Part the following laboratory tests are reportable to the State Commissioner of Health:

  1. Blood cholinesterase levels which are below the normal range established by the clinical laboratory performing the test in accordance with quality assurance requirements established by the permit-issuing agency.
  2. Levels of pesticides in human tissue samples which exceed the normal range established by the clinical laboratory performing the test in accordance with quality assurance requirements established by the permit-issuing agency.

Historical Note
Sec. filed Aug. 14, 1990 eff. Aug. 29, 1990


PUBLIC HEALTH LAW
DEPARTMENT OF HEALTH

Article 2, Title I

§ 206. Commissioner; general powers and duties

  1. The commissioner shall:

    j.  cause to be made such scientific studies and research which have for their purpose the reduction of morbidity and mortality and the improvement of the quality of medical care through the conduction of medical audits within the state. In conducting such studies and research, the commissioner is authorized to receive reports on forms prepared by him and the furnishing of such information to the commissioner, or his authorized representatives, shall not subject any person, hospital, sanitarium, rest home, nursing home, or other person or agency furnishing such information to any action for damages or other relief. Such information when received by the commissioner, or his authorized representatives, shall be kept confidential and shall be used solely for the purposes of medical or scientific research or the improvement of the quality of medical care through the conduction of medical audits. Such information shall not be admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person.

    n.  by rule and regulation establish criteria for identification of areas and conditions involving high risk of lead poisoning, specify methods of detection of lead in dwellings, provide for the administration of prescribed tests for lead poisoning and the recording and reporting of the results thereof, and provide for professional and public education, as may be necessary for the protection of the public health against the hazards of lead poisoning.

Article 2, Title II

§225. Public health council; powers and duties; sanitary code

5.  The sanitary code may:

t.  facilitate epidemiological research into the prevention of environmental diseases, when such research is conducted pursuant to paragraph (j) of subdivision one of section two hundred six of this chapter, by establishing regulations designating as environmentally related diseases those pathological conditions of the body or mind resulting from contact with toxins, mutagens or teratogens in solid, liquid or gaseous form, or in the form of ionizing radiation or nonionizing electromagnetic radiation, and by requiring the reporting of these diseases or suspected cases of such diseases to the department by physicians, medical facilities and clinical laboratories. Any information provided to the department pursuant to such regulations shall be in the form required by the department, and shall be kept confidential and used by the commissioner pursuant to the provisions of paragraph (j) of subdivision one of section two hundred six of this chapter, and other applicable laws relating to the confidential treatment of patient and medical data.