COLUMBIA LIBRARIES OFFSITE HX641 15828 RA121.A5N48 1919 ' : : Columbia Sinifcem'tp tntJjeCttpoflmjgork College of 3Pfesirian# attb £§mrg;eon£ lifcrarp Digitized by the Internet Archive in 2010 with funding from Open Knowledge Commons http://www.archive.org/details/publichealthmanu1919newy NEW YORK STATE DEPARTMENT OF HEALTH HERMANN M. BIGGS, M.D. Commissioner The Public Health Manual CONTAINING The Public Health Law The Sanitary Code AND The Provisions in Other General Laws Relating to Public Health Special Rules and Regulations of the State Commissioner of Health may be obtained from the Department upon request ALBANY J. B. LYON COMPANY, PRINTERS 19 19 H / v / A) NEW YORK STATE DEPARTMENT OF HEALTH Commissioner, Hermann M. Biggs, M.D., LL.D. Deputy Commissioner, Matthias Nicoll, Jr., M.D. Secretary, John A. Smith, M.D. Assistant to the Deputy Commissioner, B. R. Rickards, S.E., Executive Clerk, Fenimore D. Beagle Directors of Divisions Division of Sanitary Engineering. .Theodore Horton, C.E. Division of Laboratories and Research Augustus B. Wads worth, M.D. Division of Vital Statistics Otto R. Eichel, M.D. Division of Communicable Diseases . . Fred M. Meader, M.D. Division of Child Hygiene Henry L. K. Shaw, M.D. Division of Public Health Education Division of Tuberculosis. (Supervisor) M. Edgar Rose, M.D. Bureau of Venereal Diseases. . . (Chief) J. S. Lawrence, M.D. Consulting Staff Bacteriologist William H. Park, M.D. Director, Laboratories, New York City Dept. of Health Animal Pathology .Theobald Smith, M.D. Former Professor, Comparative Pathology, Harvard University ; Director, Division of Animal Pathology, Rockefeller Institute for Medical Research Communicable Disease Alvah H. Doty, M.D. Former Health Officer of the Port of New. York Surgeon George D. Stewart, M.D. Professor, Surgery, New York University and Bellevue Hospital Medical College Dermatologist Frederic C. Curtis, M.D. Former Professor, Dermatology, Albany. Medical College Pediatrician L. Emmett Holt, M.D., LL.D. Professor, Diseases of Children, Columbia University, New York City- Statistician Walter F. Willcox, Ph.D. Professor, Political Economy and Statistics, Cornell University Public Health Education C.-E. A. Winslow, S.B., M.S. Professor, Public Health, Yale University Orthopedic Surgeon Robert W. Lovett, M.D. Professor, Orthopedic Surgery, Harvard University Orthopedic Surgeon Royal Whitman, M.D. Attending Surgeon, Hospital for Ruptured and Crippled, New York City Hermann M. Biggs, M.D., LL.D., New York City, Chairman Joseph Warren, 61 Broadway, New York City, Secretary. Mrs. Elmer Blair Albany Chairman, Public Health Dept, General Federation of Women's Clubs Simon Flexner, M.D., LL.D New York City Director, Laboratories of Rockefeller Institute for Medical Research Homer Folks,, LL.D Yonkers Secretary, State Charities Aid Association Henry N. Ogden, C.E Ithaca Professor, Sanitary Engineering, Cornell University T. Mitchell Prudden, M.D., LL.D New York City Vice-President, Board of Scientific Directors, Rockefeller Institute for Medical Research Jacob Goldberg, M.D Buffalo Oculist, German Dispensary PUBLIC HEALTH MANUAL Table of Contents PAGE Officers of the Department 3 The Public Health Law 7 State Department of Health 7 Local Boards of Health 22 Adulterations 51 Potable Waters ." 58 Quarantine at Port of New York 78 (Act creating Commission to negotiate trans- fer of Quarantine Station to United States). 82 Health Officer of the Port of New York 84 Practice of Medicine 100 Dental Societies and the Practice of Dentistry. 115 Veterinary 'Medicine and Surgery 134 Pharmacy 146 Registration of Nurses 168 Chiropody 171 Embalming and Undertaking 181 Optometry 189 Vaccination of School Children 199 Sanitary Condition of Bathing Establishments. 201 Institutions for Children 204 Cadavers 206 Tuberculosis Law 211 Cold Storage 226 Cleanliness in Preparation and Service of Food . 232 Suppression of Certain Nuisances (Houses of Prostitution, etc.) 234 Regulation of Certain Contagious Diseases (Ve- nereal Disease Law) 237 State Institute for the Study of Malignant Dis- ease 241 Operations for the Prevention of Procreation. . 245 Sanitary Conditions in Hotels 248 Vital Statistics 249 County Mosquito Extermination Commission (Nassau County) 271 Narcotic Drug Control 279 Act establishing Bureau of Venereal Diseases. . 301 The Sanitary 'Code 302 Introductory Note 302 Chapter I. Definitions and General Provisions. 303 6 Contents. The Sanitary Code — (Continued) . page Chapter II. Communicable Diseases 304 Chapter III. Milk and Cream 333 Chapter IV. Midwives 344 Chapter V. Labor Camps 347 Chapter VI. Nuisances which may affect life and health 353 Chapter VII. Miscellaneous 355 Chapter VIII. Boarding Houses 360 Chapter IX. 362 Extracts from Other Laws Concerning Public Health and Public Health Authorities: Agricultural Law 363 Code of Criminal Procedure 399 Conservation Law 400 County Law 404 Domestic Relations Law 425 Education Law 439 Farms and Markets Law 447 Food Commission Law 451 General Business Law 451 General City Law 457 General Corporation Law 461 General Municipal Law 465 Insanity Law 470 Labor Law 483 Act providing for Registration and Supervision of Laboratories 504 Liquor Tax Law 505 Extermination of Mosquitoes, Suffolk County. . 507 Navigation Law 509 Penal Law 511 Poor Law 526 Prison Law 528 Public Officers Law 529 Public Service Commissions Law 530 Second Class Cities Law 532 State Charities Law 535 Tenement House Law 541 Town Law 542 Village Law 565 PUBLIC HEALTH LAW L. 1909, ch. 49, constituting chap. 45 of Cons. 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. 2-a. Public health council. 2-b. Sanitary code. 2-c. Enforcement of sanitary code. 3. Compensation of officers and employees. 3-a. Divisions. 4. General powers and duties of commissioner. 4-a. Sanitary districts ; sanitary supervisors ; public health nurses. 4-b. Duties of commissioner with respect to laboratories. 4-c. Duties of commissioner with respect to hospitals for contagious diseases. 5. Duties with respect to vital statistics. (Eepealed.) 5-a. Regulation and control of autopsies. 6. Nuisances. 7. Overflow of water from the canals. 8. Employment of local boards and experts. [7] The Public Health Manual Section 9. 10. 11. 12. 13. 14. 15. ■ 16. 17. Examination and inspection of public works. Acquisition of land- Power of commissioner where board of health fails to appoint health officer. Annual report. Tenement houses in cities. Approval of plans for certain works built by state and inspection of state institu- tions by state commissioner of health. State board of health to mean department of health. Pending actions and proceedings not af- fected. Violations of health laws or regulations. § 2. State department of health; commissioner of health; deputy." The state department of health and the office of commissioner of health are continued. The commissioner of health shall be the head of such department. Such commissioner shall be appointed by the governor, by and with the advice and consent of the senate, and 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 sani- tary science. During his term of office he shall not engage in any occupation which would conflict with the performance of his official duties. The term of office of the commissioner shall be six years, beginning on the first day of January of the year in which he is appointed. 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 pre- State Department of Health { scribed by the commissioner. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 2-a. Public health council. There shall be a public Public health council to consist of the commissioner of health, C ouncii and six members hereinafter called the appointive mem- bers, to be appointed by the governor, of whom at least three shall be physicians and shall have had training Q Ua iinca- or experience in sanitary science, and one shall be a tions sanitary engineer. Of the appointive members first Term of appointed one shall hold office until January first, offlce nineteen hundred and fourteen, one until January first, nineteen hundred and fifteen, one until January first, nineteen hundred and sixteen, one until January first, nineteen hundred and seventeen, one until Jan- uary first, nineteen hundred and eighteen, and one until January first, nineteen hundred and nineteen, and the terms of office of members thereafter appointed, except to fill vacancies, shall be six years. Vacancies shall be vacancies filled by appointment for the unexpired term. The public health council shall meet as frequently as its Meetings 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 commis- cbairman sioner of health upon the request of the public health council shall detail an officer or employee of the de- partment of health to act as secretary of the public secretary health council, and shall detail from time to time such other employees as the public health council may re- quire. 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 com- missioner of health shall each receive an annual salary of one thousand dollars and all members shall be reimbursed for their reasonable and necessary travel- Salaries ing and other expenses incurred in the performance of expenses 10 The Public Health Manual their official duties. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 2-b. Sanitary code. 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 sanitary sanitary regulations, hereinafter called the sanitary code, without discrimination against any licensed phy- sicians. The sanitary code may deal with any matters affecting the security of life or health or the preserva- tion and improvement of public health in the state of New York, and with any matters as to which juris- diction is hereinafter conferred upon the public health council. The sanitary code may include provisions regulating the practice of midwiferyt and for the pro- motion of health in any or all Indian reservations. copies of Every regulation adopted by the public health council to be filed, shall state the date on which it takes effect, and a ^ ent t0 copy thereof, duly signed by the secretary of the public officers and health council, shall be filed in the office of the secretary of state, and a copy thereof shall be sent by the com* missioner 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 provisions of the sanitary code shall have £he force violation an d effect of law and any violation of any portion of code thereof may be declared to be a misdemeanor.! No pro- a mis- ^ A demeanor vision of the sanitary code shall relate to the city of Not to New York or any portion thereof, and every provision New e York °^ ^ ne san it ar y c °de shall apply to and be effective in cit y all portions of the state except the city of New York unless stated otherwise. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 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 t See Chap. IV, Sanitary Code, p. 344 t See Sanitary Code, Chap. I, Reg. 2, p. 303 State Department of Health 11 public health council, supersede all local ordinances code super- s 6 d 6 s 1 <"' 3. 1 heretofore or hereafter enacted inconsistent therewith, ordinances Each city, town or village may, in the manner herein- after prescribed, enact sanitary regulations not incon- Local sani- sistent with the sanitary code established by the public ia t 7ons reSU health council. The public health council shall have power to prescribe by regulations the qualifications of council directors of divisions, sanitary supervisors, local health g° ri £e G officers hereafter appointed and public health nurses, quaiifica- . rr r tions 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 cases 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 regu- lations and proceedings to have been duly authorized unless the contrary be proved. The public health council shall have no executive, Powers of administrative or appointive duties. It shall, at the counci1 request of the commissioner of health, consider any mat- ter 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, eh. 559, in effect May 16, 1913.) § 3. Compensation of officers and employees. The salary and commissioner of health shall receive an annual salary ex P en . ses of J commis- of eight thousand dollars, and his expenses actually sioner and necessarily incurred in the performance of his official duties, to be paid monthly on the audit of the comptroller. The deputy commissioner of health shall of deputy receive an annual salary of five thousand dollars and his expenses actually and necessarily incurred in the 12 The Public Health Manual Divisions in state depart- ment of health performance of his official duties, to be paid monthly on the audit of the comptroller. The commissioner of health may employ such clerical and other assistants as are necessary for the proper performance of the powers and duties of the department, and fix their com- pensation within the amount appropriated therefor by the legislature. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 3-a. Divisions. There shall be in the state depart- ment of health the following divisions, together with such other divisions as the commissioner may from time to time determine: 1. Division of administration; 2. Division of sanitary engineering; 3. Division of laboratories and research; 4. Division of communicable diseases; 5. Division of vital statistics; 6. Division of publicity and education; 7. Division of child hygiene; 8. Division of public health nursing; 9. Division of tuberculosis.* Each such division shall be under the management of a director appointed by the commissioner. (Added by L. 1913, ch. 559, in effect May 16, 1913.). General § 4 - General powers and duties of commissioner. The powers and commissioner of health shall take cognizance of the duties of commis- interests of health and life of the people of the state, and of all matters pertaining thereto. He shall exer- cise general supervision over the work of all local health authorities except in the city of New York. He shall be charged with the enforcement of the public health law and the sanitary code. He shall make in- quiries in respect to the causes of disease, especially * See Bureau of Venereal Diseases, page 301 State Department of Health 13 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 mor- tality, disease and health as may be useful in the discharge of his duties or may contribute to the pro- motion of health or the security of life in the state. He may issue subpoenas, compel the attendance of wit- nesses 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 concerning a matter which in his judgment affects the public health beyond the territory over which such local board has jurisdiction; and may Right of exercise exclusive jurisdiction over all lands acquired by entrance the state for sanitary purposes. 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. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 4-a. Sanitary districts; sanitary supervisors; pub- lic 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. Sanitary He shall appoint for each of such districts a sanitary supervisor who shall be a physician. Each sanitary Sanitary supervisor, 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 14 The Public Health Manual Duties Sanitary super- visors' duties Public health nurses district in the performance of his duties, and particu- larly 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; 8. Inspect from time to time all labor camps within his 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 provisions of the sanitary code relating thereto; 10. Endeavor to enlist the cooperation of all the organizations of physicians within his district in the improvement of the public health therein; 11. Promote the information of the general public in all matters pertaining to the public health; 12. Act as the representative of the state commis- sioner 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 pub- lic health nurses as he may deem wise within the limits of his appropriation, and may assign them from time to time to such sanitarv districts and in such manner t See § 21-b, subd. 7, p. 34 t See Sanitary Code, Chap. V, p. 347 State Department of Health 15 as in his judgment will best aid in the control of con- tagious and infectious diseases and in the promotion of public health. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 4-b. Duties of commissioner with respect to labora- Labora- tories.* The commissioner of health shall establish and tories maintain one or more laboratories with such expert assistants and such facilities as are necessary for routine examinations and analyses, and for original investigations and research in matters affecting public health. He shall have authority to make, at the ex- pense 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 locali- ties accessible to the various portions of the state for the prompt examination of specimens received from local health officers or physicians and for the immedi- ate report thereon, at the expense of the state; pro- vided that all such laboratories shall conform to stand- Branch ards of efficiency established by the public health coun- labora- cil, and that no obligation shall be incurred by the commissioner in excess of the sums available tlierefor. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 4-c. Duties of commissioner with respect to hospi- Hospitals tals for contagious diseases. The commissioner of [°g io c °"~ health shall from time to time submit to the authorities leases for munici- of the several municipalities of the state such recom- paiities mendations as he may deem wise as to the establish- ment 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 commissioner to inspect from time to inspec- time all hospitals for contagious diseases maintained r 1 e < p I s rt and under the jurisdiction of any municipal authority and to. report as to the condition and needs of such hos- * See Sanitary Code, Chap. IX, Reg. 1, potency of serums, p. 362, and L. 1917, Chap. 411, p. 504 16 The Public Health Manual Record to be filed pitals to the authorities of the municipality, and to include an abstract of such reports in his annual re- port. The public health council may from time to time establish regulations for the maintenance of hos- pitals for contagious diseases. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 5. Duties with respect to vital statistics. (Re- pealed. See new Vital Statistics Law, article xx* herein. ) § 5-a. Regulation and control of autopsies. The commissioner of health shall prescribe and prepare the necessary methods and forms for obtaining and preserving records and statistics of autopsies which are conducted by the coroner or by his order within the state of New York, and shall require all those per- forming such autopsies, for the purpose of determining the cause of death, to enter upon such record the patho- logical appearances and findings embodying such infor- mation as may be prescribed, and to append thereto the diagnosis of the cause of death, and a copy thereof shall be duly filed, within ten days, with the coroner of the county in which such autopsy shall be held, and a transcript thereof shall be filed, within ten days thereafter, by the coroner, with the state commissioner of health, and it shall thereupon become a matter of public record which shall be open to the inspection and transcription of and by one affected or likely to be affected, in a civil or criminal action, by its contents, upon an order of a court of record or of a justice of the supreme court. It shall be the duty of any surgeon performing such an autopsy, under the provisions of this section, to per- mit the attendance, as a matter of right, of a person, or the medical representative of such person, likely to be the defendant or representative of such deceased per- son in a civil or criminal action, of which such autopsy * This reference relates to second article xx State Department op Health 17 and its findings and conclusions may prove to become a part, or in any way affected thereby. (Added by L. 1913, ch. 620, in effect May 21, 1913.) § 6. Nuisances.-j- The commissioner of health shall Nuisances have all necessary powers to make examinations into nuisances, or questions affecting the security of life and health in any locality. Whenever required by the governor of the state, he shall make such an examina- tion and shall report the results thereof to the gov- investiga- ernor, within the time prescribed by him therefor. The ordered by report of every such examination, when approved by the governor 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 exist- ence of such nuisance; and the governor may, by a pre- order for cept 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 abatement shall be paid Expense by the municipality where the nuisance occurs, and shall be a debt recoverable by such municipality of all per- sons, 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. § 7. Overflow of water from the canals. Whenever overflow water escaping or discharged from any of the canals of from canals t See Sanitary Code, Chap. VI, p. 353; Nuisances, Public Health Law, §26, p. 40, §31, p. 44, § 32, p.45; Penal Law, §§ 1530, 1531, p. 518 IS The Public Health Manual Employ- ment of local boards and experts 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 commis- sioner 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 ex- isted, which shall be accompanied by a verified certifi- cate of a practicing physician of the vicinity, stating the facts known to him, pertaining to the allegations of the complaint. 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 engineer to make such surveys as they may require for their information, who shall make the same without delay, and if such commissioner is satis- fied that such disease or sickness exists, and is caused by waters of the canal escaping or discharged therefrom, he shall so report to the superintendent of public works, without unnecessary delay, who shall forthwith abate the cause of such disease or sickness. § 8. Employment of local boards and experts. When- ever 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 dur- ing the examination of any nuisance, or for the pur- pose of determining whether a public nuisance exists. Such representative may take part in such examination, and sit with the commissioner during the conduct thereof, but the 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 super- vise practical and scientific investigations and examina- State Department of Health 19 tions requiring expert skill, and prepare plana and reports relative thereto. . § 9. Examination and inspection of public works. Examina- All persons having the control, charge or custody of any inspection public structure, work or ground, or of any plan, de- ^ f r ^ bllc scription, 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 or such copies. § 10. Acquisition of land. If the commissioner of Acquisi- health or the health officer of the port of New York land in shall certify to the commissioners of the land office that emergency by reason of sudden emergency the acquisition of any land is immediately necessary for quarantine or other purposes to prevent great danger to the public health, and such commissioners are satisfied that such action is necessary, such commissioners may acquire by pur- chase or by condemnation, in the name of the people of the state of New York, such land as in their judg- ment is necessary and suitable for such purposes. § 11. Power of commissioner where board of health p ower of fails to appoint health officer. If any local board of commi s- " sioner health shall fail to appoint a health officer, the com- where missioner of health may, in such municipality, exer- health fails cise the powers of a health officer thereof. The ex- , t0 a PP° int r _ health penses lawfully incurred by him in such municipality officer shall be a charge upon and paid by such municipality until such time as a local health officer shall be ap- pointed therein, whereupon the jurisdiction of the com- missioner of health conferred by this section shall Expenses cease. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 12. Annual report. The commissioner of health Annual r q d o r t Khali annually, on or before the first Monday in Feb- Tenement houses in cities 20 The Public Health Manual ruary, make a written report to the governor upon the vital statistics and sanitary conditions and prospects of the state. Such reports shall set forth the action of the department and of its officers and agents 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 expenditure 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. § 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. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) Approval of § 14. Approval of plans for certain works built by plans for s t a te and inspection of state institutions by state com- SLtllG msti~ tutions, missioner of health. In all buildings and institutions, water supply, owned, maintained or controlled by the state, the plans s e e t ^ erage ' for all water supply, sewerage, sewage disposal and garbage disposal works, shall be subject to the ap- proval of the state commissioner of health before being adopted or constructed. The state commissioner of health shall make from time to time and at least once inspec- in each year, an examination and inspection of the state ° f sanitary conditions of all state institutions and trans- institu- m it copies of his report and recommendations thereon to the president of the board of managers or trustees or other authority in charge of such institution and to the fiscal supervisor of state charities in case of institutions reporting to that official. It shall be the duty of the superintendents of said institutions to immediately report an outbreak of a contagious or in- State Department of Health 21 fectious disease to the state commissioner of liealth,f R ep0 rt of and upon receipt of such report the state commissioner conta - r r r gious dis- of health shall advise the superintendent of said insti- ease in tution as to the best means to effectually control said t ions disease. It shall be the duty of the state commissioner of health to make regular analyses of the water supplies Analyses of said institutions, at least twice in each year, and supplies furnish copies of his reports thereon to the president of instl - of the board of managers or trustees or other authority in charge of the institutions, and to the fiscal super- visor of state charities in case of institutions reporting to that official. (Anrd by L. 1910, ch. 92, and L. 1913, eh. 559, in effect May 16., 1913.) § 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 per- form 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. This article shall not affect actions or proceedings, civil or criminal, brought by or against the state board of health, and pending on February nineteenth, nineteen hundred and one, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the commissioner of health as if the foregoing provisions had not taken effect. Nor shall any of the foregoing provisions affect in any manner any order or recommendation made by, or any other matters or proceedings before such state board of health, and all such matters and proceedings pending before such board on the above date shall be continued before the commissioner of health. t See Sanitary Code, Chap. II, Reg. 3, p. 307 22 The Public Health Manual Viola- § 17. Violations of health laws or regulations. Any tions of person violating, disobeying or disregarding the terms laws of any lawful notice, order or regulation prescribed sanitary by the state commissioner of health or by the sani- code tary code, or any provision of the public health law or sanitary code,f for which a civil penalty is not other- wise expressly prescribed by law, shall be liable to the people of the state for a civil penalty 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 compe- tent jurisdiction. Nothing in this section contained shall be construed to alter or repeal any existing- pro-, vision of law declaring such violations or any of them misdemeanors or felonies or prescribing the penalty therefor. (Added by L. 1915, ch. 384, am'd by L. 1916, ch. 372, in effect May 1, 1916.) ARTICLE III Local boards of health Section 20. Local boards of health. 20-a. Expenses of consolidated health district. 21. General powers and duties of local boards of health. 21-a. Powers and duties as to sewers. 21-b. General powers and duties of health offi- cers. 21-c. Public health nurses. 22. Lake George health district. 23. Burial and burial permits. (Repealed.) 24. Regulating interments in cemeteries. 25. Infectious and contagious or communi- cable diseases. 26. Nuisances. t See Sanitary Code, Chap. I, Reg. 2, p. 304 Local Boards of Health 23 Section 27. Owner to bear all or part of expense of removal of waters wherein mosquito larvae 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. Expense of abatement of nuisances a lien upon the premises. 33. Manufactures in tenement houses and dwellings. 34. Jurisdiction of town boards. 35. Expenses, how paid. 36. Relief of indigent Indians in case of epi- demic. 36-a. Care and maintenance of carriers of disease. 37. Mandamus. 38. Exceptions and limitations as to city of New York. 39. Certain kinds of business and manufacture prohibited in cities or within three miles therefrom ; exceptions. § 20. Local boards of health. There shall continue Local to be local boards of health and health officers in the boards of health several cities, villages and towns of the state except as hereinafter provided. In the cities, except cities of the first and second class, the board shall consist of the mayor of the city who shall be its president, and at least six other persons, one of whom shall be a competent physician, who shall be appointed by the City ., ,, . . ~ , , boards of common council, upon the nomination of the mayor, health 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 24 The Public Health Manual Health officers in cities Town and village boards of health Health officers in towns and villages Graduates of public health course eligible Term of office Removal of health officer for just cause Residence Notice of member- ship and organiza- tion of board expire annually. In the cities, except cities of the first and second class, and such other cities whose charters otherwise provide, the board shall appoint, for a term of four years, a competent physician, not one of its members, 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 trus- tees 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, not a member of the local board of health, to be the health officer of the municipality. Notwithstanding the provisions of any general or local law or charter, a physician who has received the degree of doctor of public health in course from any institution of learning recognized by the regents of the university of the state of New York, or who has completed a course in public health approved by 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 depart- ment of health. The term " municipality," when used in this article, means the city, village, town or consolidated health district for which any such local board may be or is appointed. The provisions herein contained as to boards of health, and for the appoint- Local Boards of Health 25 ment of health officers, shall apply to all towns and villages, whether such villages are organized under gen- eral or special laws. The members of town boards and of village boards of trustees and of boards of health of consolidated health districts shall not receive addi- tional compensation by reason of serving as members of boards of health. Any matter within the jurisdic- Health tyi q t tsrs tion of a town or village board of health may be con- may be sidered and acted upon at any meeting of such town taken up f* r jo any meet- board or village board of trustees. ting of The state commissioner of health, on the request of board or the town board of any town and the board of trustees ? a ^ e of any village and the common council or other like of trustees authority of any city, may combine into one health district, hereinafter referred to as a consolidated consoli- dated health district, any two or more of such towns, vil- health lages 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 consoli- Board of * c health of dated health district there shall be a board of health consoii- which shall consist of the supervisor of each town, ^^^ the president of the board of trustees of each village, and the mayor of each city included in each district, provided that if the number of members so provided for is an even number, such members shall within thirty days after such district shall have been estab- lished by the state commissioner of health choose an additional member of such board of health to be known as the elective member. An elective member Elective n j member shall serve for a term of two years from the first day of January preceding his election and until his suc- cessor 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 mem- ber shall thereupon cease. 26 The Public Health Manual President and secretary Health officer Audit 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. Each board of health and each health officer of a consolidated health district shall have all the rights, powers, duties and obligations conferred and imposed by law upon boards of health and health officers respectively. When any consolidated health district is estab- lished, 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 consolidated 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 con- solidated health district. 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 payment as provided by this sec- tion they shall, prior to the annual meeting of the board of supervisors each year, make an abstract, to Local Boards or Health 27 be known as the consolidated health district abstract, Consoii- of the names of all persons who have presented to them health accounts to be audited, the amounts claimed by each district " abstract such person and the amounts finally audited and ap- proved 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 consolida- ted 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 ab- stract 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 prop- erty 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 suffi- cient 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 such 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 dis- Estimate trict may annually make an estimate of the expenses expenses of such board for the ensuing calendar year and, 28 The Public Health Manual 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 pre- ceding such year. If such consolidated health dis- trict 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 esti- mate 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 col- lected 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 consolidated health district, the board of health thereof shall deduct froim the estimate for the succeeding cal- endar 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 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 collection. (Am'd Local Boards of Health 29 by L. 1909, ch. 105, L. 1913, ch. 559, L. 1915, chs. 124 and 555, L. 1916,. ch. 3169, and L. 1918, ch. 275, in effect April 19, 1918.) § 20-a. Expenses of consolidated health district. A Expenses consolidated health district may adopt the estimate go^ ,^ system as provided by section twenty of this chapter, health 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, and may issue a certificate of indebtedness upon the credit of the district for such portion of such estimate as may be needed to pay the expenses of the board until the tax levied on account of such assessment shall have been collected and paid to the board as provided by section twenty of this chapter. Such tax when collected shall be applicable in the first instance to the payment of such certificate. (Added by L. 1917, ch. 182, in effect April 16, 1917.) § 21. General powers and duties of local boards of Local health. Every such local board of health shall meet £°*[ t d h S of at stated intervals to be fixed by it, in the municipal- ity. The presiding officer of every such board may call special meetings thereof when in his judgment the pro- Meetings tection 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 provisions of the public health law and of the sanitary code, shall prescribe the duties Pr scrIbe and powers of the local health officer, who shall be its duties of chief executive officer, and direct him in the perform- officer ance of his duties, and fix his compensation, which in comp^sa. case of health officers of cities, towns and villages, hav- tion of ing a population of eight thousand or less, shall not be officer 30 The Public Health Manual Expenses of health officer in attending confer- ence, etc. Extraor- dinary services, additional compensa- tion Publica- tion of orders and regula- tions less than the equivalent of ten cents per annum per inhabitant of the city, town or village according to the latest federal or state enumeration; and in cities, towns and villages having a population of more than eight thousand shall not be less than eight 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, at- tending and returning from, the annual sanitary con- ference of health officers, or equivalent meeting, held yearly within the state, and conferences called by the", sanitary supervisor of the district,* and whenever the services rendered by its health officer shall include the care of smallpox, the board of health shall allow, or whenever such services are extraordinary, by reason of infectious diseases, or otherwise, they may in their dis- cretion, allow to him such further sum in addition to said fixed compensation as shall be equal to the charges for consultation services 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 of the third class, which said expenses and said addi- tional compensation shall be a charge upon and paid by the municipality as provided in section thirty-five of this chapter. Every such local board shall make and publish from time to time all such orders and regula- tions, not inconsistent with the provisions of the sani- tary 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, sueh orders and regulations for th« suppression of nuisances and concerning all other matters in its judgment detri- mental to the public health in special or individual * See § 4a, subd. 4, p. 14; § 21b, subd. 7, p. 34 Local Boards of Health 31 cases, not of general application, and serve copies service .of orders thereof upon 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 posting to other premises, or cause the same to be conspicu- of orders ously posted thereon. The health officer may employ Health such persons as shall be necessary to enable him to officer carry into effect the orders and regulations of the employ board of health and the provisions of the public health per law and of the sanitary code, and fix their compensa- tion within the limits of the appropriation therefor. The board of health may issue subpoenas, compel the attendance of witnesses, administer oaths to witnesses Board and compel them to testify, and for such purposes it i SSU e shall have the same powers as a justice of the peace s ^^ &s ' of the state in a civil action of which he has jurisdic- attendance ' • >. of wit- tion. It may designate by resolution one of its mem- nesses, etc bers 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 com- pelled to testify upon matters not related to the public health. It may issue warrants to any constable or Board policeman of the municipality to apprehend and remove ™g^ e such persons as cannot .otherwise be subjected to its warrants 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 war- rant 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. Board Every such local board may prescribe and impose pen- ma y ■* •* r prescribe alties for the violation of or failure to comply with penalties any of its orders or regulations, not exceeding one hun- Maintain dred dollars for a single violation or failure, to be actions sued for and recovered by it in the name and for the benefit of the municipality; and may maintain actions 32 The Public Health Manual Powers and duties of local board as to sewers Recom- menda- tions to commis- sioner of health and approval by him Expenses in any court of competent jurisdiction to restrain by injunction such violations, or otherwise to enforce such orders and regulations. (Am'd L. 1909, ch. 480, and L. 1913, ch. 559.) § 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 altera- tions should in the judgment of such board of health be made, with its reasons therefor, to the state com- missioner of health for his approval, and if such recom- mendations shall be approved by the state commis- sioner of health, it shall be the duty of the board of trustees or other board of such village having juris- diction 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 resolution 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 bene- fited, as authorized by this section, it shall in the reso- lution making such determination fix the proportion of such expense to be borne by each, and the propor- tion 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 Local Boards of Health 33 hereby authorized to raise such sum as may be neces- sary for the payment of the expenses incurred, which are a village charge, if any, as herein provided, in addi- tion 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, rights 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, in effect May 16, 1913.) § 21-b. General powers and duties of health officers. General Health officers of towns and villages, in addition to and such other duties as may be lawfully imposed upon ^llth ° f them and subject to the provisions of the public health officers law and the sanitary code, shall perform the following dutieS: Sanitary 1. Make an annual sanitary survey and maintain a survey continuous sanitary supervision over the territory within their jurisdiction. 2. Make a medical examination of every school child as soon as practicable after the opening of each school year, except in those schools in which the authorities thereof make other provision for the medical examina- tion of the pupils. (Superseded in effect by Art. 20-a of Education Law, added by L. 1913, ch. 627, in effect Aug. 1, 1913.) 3. Make a sanitary inspection periodically of all ^^hooT school buildings and places of public assemblage, and buildings report thereon to those responsible for the maintenance places of of such school buildings and places of public assem- assem- blage. blage 4. Promote the spread of information as to the * nforma - r tion as causes, nature and prevention of prevalent diseases, to diseases, and the preservation and improvement of health. preserva- 5. Take such steps as may be necessary to secure jjeTith * 34 The Public Health Manual Prompt reports and registra- tion by physicians Enforce law and sanitary code Attend confer- ences Reports of health officers, inspectors nurses, etc. presump- tive evi- dence Exempt from personal liability Health officials not to be sued Action against municipal- ity for recovery of damages prompt and full reports by physicians of communicable diseases, and prompt and full registration of births and deaths. 6. Enforce within their jurisdiction the provisions of the public health law and the sanitary code. 7. Attend the annual conferences of sanitary officers called by the state department of health, and local con- ferences within his sanitary district, to which he may be summoned by the sanitary supervisor thereof.* The written reports of public health officers, inspect- ors, 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 regu- lation 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 repre- sentative of a health officer in good faith and with ordinary discretion on behalf or under the direction of such city, village or town or 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 in- jured 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 * Pee § 21, p. 30, and § 4a, subd. 4, p. 14 Local Boards of Health 35 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, in effect May 10, 1913.) § 21-c. Public health nurses. Each health officer or Health other official exercising similar duties, by whatever offi- ^y 6r cial designation he may be known, shall have power to employ employ such number of public health nurses as in his health judgment may be necessary within the limits of the nurses appropriation made therefor by the city, town or vil- lage. They shall work under the direction of the Nurses health officer and may be assigned by him to the reduc- ^°^ T tion of infant mortality, the examination or visitation direction of school children or children excluded from school, the officer discovery or visitation of cases of tuberculosis, the visitation of the sick who may be unable otherwise to Duties 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 appropriate. (Added by L. 1913, ch. 559, in effect May 16, 1913.) § 22. Lake George health district. All the territory Lake of Lake George and its water- shed within the town of j^ ^ 6 Queensbury, Warren county; the towns of Fort Ann, district Dresden and Putnam, Washington county, and the town of Ticonderoga, Essex county, south of the " Narrows " or original outlet of Lake George; and the entire ter- ritory of the towns of Hague, Bolton and Caldwell and the village of Lake George, Warren county; shall here- after not be deemed to be the whole or a part of any present local health district but shall be a separate health district to be known as the Lake George health district. Within thirty days after the passage of this Member- act the supervisor of each of such towns and the presi- board dent of such village shall meet and elect a board of health of three members for such Lake George health district. Of the board of health first elected one mem- 36 The Public Health Maxual Terms of members Rights, powers and duties of board Expenses of district Registra- tion districts not changed Interments in ceme- teries, third class cities her shall be elected to serve until January first, nine- teen hundred and nineteen, one until January first, nineteen hundred and twenty, and one until January first, nineteen hundred and twenty-one. Prior to December thirty-first each year such supervisors and village president shall meet and elect one member of the board of health who shall serve three years from the January first following or until his successor has been elected and has qualified. When the duly elected members of the board of health of such district have qualified such board of health shall have all the rights, powers and duties in such district as are conferred or imposed upon the board of health of any consolidated health district ; and the expenses of such district shall be defrayed in the manner set forth in section twenty of the public health law in its relation to consolidated health districts; or under the provision of section twenty-a of the public health law. This act shall not change the present districts for the registration of vital statistics nor the appointment, authority nor term of office of any of the registrars of vital statistics in any present district nor shall it change the administration of the health laws in the remainder of the towns of Queensbury, Warren county; Fort Ann, Dresden and Putnam, Washington county; and Ticonderoga, Essex county. (Added by L. 19 IS, ch. 174, in effect April 10, 1918.) § 23. Burial and burial permits. Repealed. (See new Vital Statistics Law, article xx* herein.) § 24. Regulating interments in cemeteries. When- ever the common council of any city of the third class shall deem that further interments in any cemetery 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 con- * This reference relates to second article xx Local Boards of Health 37 trolling such cemetery and published once in a 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 ceme- tery should not be prohibited. At the time and place specified in such notice the common council shall hear Hearing all persons desiring to be heard, and if upon such hear- common ing it appears that further interments in such cemetery council 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. § 25. Infectious and contagious or communicable dis- eases. Every local board of health and every health k° ca ] *■ u board officer shall guard against the introduction of such to guard infectious and contagious or communicable diseases as fnt^duc- are designated in the sanitary code,* bv the exercise of tion of . communi- proper and vigilant medical inspection and control of cable all persons and things infected with or exposed to such dlseases diseases, and provide suitable places for the treatment and care of sick persons who cannot otherwise be pro- vided for. They may, subject to the provisions of the sanitary code, prohibit and prevent all intercourse and communication with or use of infected premises, places Board and things, and require, and if necessary, provide the establish means for the thorough purification and cleansing of quarantine the same before general intercourse with the same or Sanitary Code, Chap. II, Reg. 1, p. 304 3S The Public Health Manual Physicians to report to health officer House- holder, etc. to report Report to health officer of result of exami- nations, in case of communi- cable disease Record of examina- tions Fee for reporting communi- cable disease to health officer Report by health officer to to depart- ment 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,f to the health officer of the 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 house keeper, or other person where such case occurs, to give such notice.! 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 infectious and contagious or com- municable disease, the person in charge of such labora- tory or the person making such examination shall im- mediately report the same, together with all the facts in connection therewith, to the health officer of the city, town or village where such laboratory is situated and also to the health officer of the city, town or village from which such specimen came and shall keep a permanent record of all the facts in connection with such exami- nation, including the identity of the person from whom the specimen is taken and the name of the physician, if any, sending such specimen. The physician or other per- son giving such notice shall be entitled to the sum of twenty-five cents therefor, which shall be a charge upon and paid by the municipality where such case occurs. Every local health officer shall report to the state de- partment of health, promptly, all cases of such infec- tious and contagious or communicable diseases, as may be required by the state department of health, and for such reporting the health officer of a village or town * Sanitary Code, Chap. II, Reg. 46-48, p. 328, and Public Health Law, § 324, p. 216 t Sanitarv Code, Chap. II, Reg. 2, p. 305 t See Sanitary Code, Chap. II, Reg. 3-7, p. 307 Local Boards of Health 39 skall be paid by the municipality employing him, upon Fee for the certification of the state department of health, a communi- sum not to exceed twenty cents for each case so re- ^, able -> disease ported. The reports of cases of tuberculosis made pur- t0 depart- suant to the provisions of this section shall not be Tuberei ,_ divulged or made public so as to disclose the identity losis re- ports con- oi the persons to whom they relate, by any person; fidentiai except in so far as may be authorized by the public health council.^: The board of health shall provide at Board to stated intervals, a suitable supply of vaccine virus, ^ccine of a quality and from a source approved by the state virus department of health, and during an actual epidemic of smallpox obtain fresh supplies of such virus at inter- vals not exceeding one week, and at all times provide thorough and safe vaccination for all persons in need of Board to the same.§ If a pestilential, infectious or contagious vaccination 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 inmates, the county superintendent of the poor may cause such in- mates or any of them to be removed to such other suit- Removal of . . inmates of able place m the county as the local board of health of almshouse, the municipalifty where the almshouse is situated may epidemic ° designate, there to be maintained and provided for at the 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, cities of first p^ss^ typhus and yellow fever and cholera and the facts to report relating thereto. (Am'd by Li. 1913, ch. 559, and L. ^Jg*" 1918, ch. 177, in effect April 10, 1918.) yellow' fever and cholera % See Sanitary Code, Chap. VII, Reg. 8, p. 358, and Reg. 14, p. 360 § See § 310, p. 199, and Sanitary Code, Chap. II, Reg. 31, p. 319 40 The Public Health Manual Nuisances § 26. Nuisances.f Every such board shall receive and examine into all complaints made by any inhabitant concerning nuisances, or causes of danger or injury to Right of iif e an d health within the municipality, and may enter entrance r J ' J 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 Board to and conclusions of any such examination. Every such pression UP or local board shall order the suppression and removal of removal a u nuisances and conditions detrimental to life and health found to exist within the municipality. When- ever the state department- of health shall by notice to Board to the presiding officer of any local board of health, direct be con _ vened upon him to convene such local board to take certain definite notice from proceedings concerning which the state department of ment, to health shall be satisfied that the action recommended definite DV them is necessary for the public good, and is within proceedings ^he jurisdiction of such board of health, such presiding officer shall convene such local board, which shall take the action directed. Mosquito § 2 ^- Owner to bear all or part of expense of removal breeding of waters wherein mosquito larvae breed.J Whenever the local board of health of a municipality shall deter- mine that any accumulation of water wherein mosquito larvae breed, constitutes a nuisance or a danger or in- jury to life or health, the owner or owners of the prem- ises on which the breeding place is located shall bear tSee Sanitary Code, Chap. VI, p. 353; Penal Law, §§ 1530, 1531, p. 518; Public Health Law, § 6, p. 17; § 31, p. 44; § 32, p. 45 J Extermination of mosquitoes in Suffolk county, L. 1916, Chap, 246, p. 507; county mosquito extermination commission, Public Health Law, §§ 400-418, pp. 271-279 Local Boards of Health 41 the expense of its suppression or removal, or so much thereof as the local board may have determined to be equitable as hereinafter provided, 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. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 28. Assessing cost on property benefited. If such local board shall determine, 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 condi- tions, some part or all of the expense of suppressing or removing a breeding place for mosquitoes 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 pro- vided, for the appointment of three commissioners, and Appoint- the county court of the county in which are situated the commission 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 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 bene- fited. Such appointment, apportionment, assessment Expenses 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 prem- ises on which such breeding place is located by means of ditches and channels constructed over lands belong- ing 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 42 The Public Health Manual Munici- pality may bear part of expense Board remove breeding place this article commissioners are to determine what prop- erty is benefited and to what extent said property is benefited by the suppression or removal of any such breeding place, such commissioners shall 'not be restricted in their determination to property immediately adjoining the premises whereon such breeding place is located ; and, in apportioning the bene- fit to any property, such commissioners may consider any circumstances by reason whereof any property will be benefited by the suppression 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 suppression 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 re- move such breeding place and shall be reimbursed by the municipality for such proportion of the reasonable ex- pense of such suppression or removal as the local' board shall have determined should be borne by the municipal- ity. 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 neces- sary or desirable for the purpose of ascertaining such may actual cost. If in any such case the owner of the prem- ises shall not, within a reasonable time, proceed to sup- press 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 Local Boards of Health 43 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 municipality 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 Appoint- -i i i i i ment of - commissioners to construct and complete such cnan- commission nels 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 ap- pointed, and shall proceed, when appointed, to construct and complete such channels and ditches, or do such other act or thing as may be necessary, and to appor- tion, assess and collect the cost of the same from the owners of the lands benefited by such suppression or removal, in the manner provided for the appointment of commissioners for the drainage of any swamp, bog, meadow or other low or wet land and the apportion- ment, assessment and collection of the cost of such Expenses drainage, by the drainage law, and this article shall be construed with the provisions of such drainage law. 44 The Public Health Manual 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 occu- pant of any premises whereon any nuisance or condi- tion 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 may board for the suppression and removal of any such premises nuisance or other matter, in the judgment of the board and sup- detrimental to the public health, made, served or posted press nuisance 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 re- Expense move 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 Board may f or such purpose any money in the hands of the board. advance . . .-,,. money for or may call on the city council for such money or it si'on-^of ma y borrow the same on the credit of the municipality. nuisance All such moneys so expended or borrowed shall be im- mediately repaid to the fund or source whence they were received on the recovery of the same by action or otherwise from the persons responsible for the expenses * Public Health Law, § 6, p. 17, § 26, p. 40, § 32, p. 45; Sanitary Code, Chap. VI, p. 353; Penal Law, §§ 1530, 1531, p. 518 Local Boards of Health 45 of suppression or removal. (Am'd L. 1913, ch. 559, in effect May 16, 1913.) § 32. Expense of abatement of nuisances a lien upon Expense of the premises.* If execution upon a judgment for the of au j- recovery of the expense of the suppression or removal sances a of a nuisance or other matter, pursuant to an order or upon the regulation of any such local board, is returned wholly P remises or in part unsatisfied, such judgment, if docketed in the place and manner required by law to make a judg- ment of a court of record a lien upon real property, shall be a first lien upon such premises, having prefer- ence over all other liens and incumbrances whatever. The board may cause such premises to be sold for a 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 successively, 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 secretary 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 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 expira- * Public Health Law, § 6, p. 17, § 26, p. 40, § 31, p. 44; Penal Law, §§ 1350, 1351, p. 518; Sanitary Code, Chap. VI, p. 353 46 The Public Health Manual tion 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 pur- chaser 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 costs and expenses in- curred 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, incum- brance or other lien, or if he have more than one to the oldest, and shall thereafter be a part of such mort- gage, lien or incumbrance and enforceable as such. Manufac- § 33. Manufactures in tenement houses and dwell- tenement i n gs.* No room or apartment in a tenement or dwelling houses and house, used for eating or sleeping purposes, shall be used for the manufacture, wholly or partly, of coats, vests, trousers, knee pants, overalls, cloaks, shirts, purses, feathers, artificial flowers or cigars, except by the members of the family living therein, which shall include a husband and wife and their children, or the * See Labor Law, § 103, p. 491 Local Boards of Health 47 children of either. A family occupying or controlling such a workshop shall, within fourteen days from the time of beginning work therein, notify the board of Notice to health of the city, village or town, where such work- h °^ th shop is located, or a special inspector appointed by such board, of the location of such workshop, the nature of the work carried on, and the number of persons em- ployed therein; and thereupon such board shall, if it deems advisable, cause a permit to be issued to such permit family to carry on the manufacture specified in the notice. Such board may appoint as many persons as it deems advisable to act as special inspectors. Such special special inspectors shall receive no compensation, but ins P ect0!S may be paid by the board their reasonable and neces- sary expenses. If a board of health or such inspector shall find evidence of infectious or contagious diseases infectious present in any workshop, or in goods manufactured or ^gious in process of manufacture therein, the board shall issue disease in workshop such orders as the public health may require, and shall . condemn and destroy such infectious and contagious articles, and may, if necessary to protect the public health, revoke any permit granted by it for manufac- turing goods in such workshop. If a board of health or any such inspector shall discover that any such goods are being brought into the state, having been manufac- Goods tured, in whole or in part, under unhealthy conditions, ^ctured such board or inspector shall examine such goods, and if under un- they are found to contain vermin, or to have been made conditions in improper places or under unhealthy conditions, the board may make such orders as the public health may require, and may condemn and destroy such goods. § 34. Jurisdiction of town boards. A town board of Tow " " board not Tiealth shall not have jurisdiction over any city or to have incorporated village or part of such city or village in yer S any ^such town. (Am'd by L. 1913, ch. 559, in effect May cit y or in " 17 ' ' J corporated 16, 1913.) village in town 48 The Public Health Manual Expenses of board, how paid Village not to be taxed to maintain town board of health Relief of indigent Indians in case of epidemic Expenses state charge Verified statement required Audit by state com- missioner of health § 35. Expenses, how paid. 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. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 36. Relief of indigent Indians in case of epidemic. Whenever an epidemic of a contagious or infectious dis- ease shall prevail among the Indians of any nation, tribe or band in this state, the overseer of the poor 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 com- missioner of health, cause needed medical attendance, provisions and maintenance to be/ furnished to any in- digent 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 overseer of the poor to the state commissioner of health. Such com- missioner shall examine into the matter, and if satis- fied that such expenses were properly and necessarily incurred in accordance with the rules and regulations of the state commissioner of health, shall audit and allow the same, and when so audited, the amount thereof shall be paid by the state treasurer on the war- rant of the comptroller to such overseer of the poor. Local Boards of Health 49 § 36-a. Providing for the care and maintenance of carriers of disease, t Whenever an individual is declared by the state commissioner of health as being a carrier of typhoid fever bacilli and whenever, for the protec- tion 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 adopted by the state commissoiner *$ of health a carrier of the germs of typhoid fever is pre- Typhoid vented from carrying on any occupation which would enable him to gain a livelihood, such individual may be given hospital or institutional care under the sur- institu- veillance 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 indi- vidual. When no sueh hospital or institution is available Medical 7 . care and and when in the opinion of the state commissioner of mainten- health such individual may be cared for at home or in • *"^ e at a private family with due regard to the protection of the public health the local charities commissioner or overseer of the poor shall, in accordance with rules and regulations adopted by the commissioner of health, furnish necessary medical attendance and maintenance. No expenditure for the purposes herein authorized Expendi- 1 ture to be shall be contracted for or incurred by any local overseer authorized of the poor or charities commissioner until after such h c y or ^ is , expenditure has been authorized and approved by the sioner state commissioner of health. A verified statement of any such approved expense incurred hereunder shall be transmitted by the local overseer of the poor or char- ities commissioner to the state commissioner of health. The commissioner of health shall examine this state- Verified ment and if satisfied that such authorized expenses of expenses * So in original t See Sanitary Code, Chap. 2, Reg. 40, p. 324 j May be obtained from State Department of Health, Albany 50 The Public Health Manual by poor official to be audited by com- missioner and paid by state treasurer Mandamus New York city ex- cepted Manu- facture of fertilizer, etc., pro- hibited within city or within three miles therefrom Health au- thorities to enforce Violation misde- meanor are correct and necessary in accordance 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 treasurer on the warrant of the comptroller to such institution or local poor officer. (Added by L. 1916, ch. 371, in effect May 1, 1916.) § 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 in- stance of the state department of health or its president or secretary, 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. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 39. Certain kinds of business and manufacture pro- hibited in cities or within three miles therefrom; ex- ceptions. 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 cor- porate limits of any incorporated city of this state, or within a distance of three miles from the corporate limits of any incorporated 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 misde- meanor. This section shall not apply to the counties Adulterations 51 of Fulton, Wayne, Tompkins, Chautauqua, Orange, Exceptions Dutchess, Erie, Monroe, Oneida, Onondaga, New York, Schoharie, Ulster, Greene, Cayuga, Cattaraugus, Niag- ara, Saratoga, Schenectady, Hamilton, Montgomery and Orleans. ARTICLE IV Adulterations! Section 40. Definitions. 41. Adulterations. 42. Duties of state department of health in respect to adulterations. 43. Analysis of spirituous, fermented or malt liquors. 44. Samples to be furnished. 45. Seizure of milk. 46. Adulteration of wines. 47. Pure wine defined. 48. Half wine and made wine defined; packages, how stamped or labeled. 49. Penalties. 50. Report to district attorney. § 40. Definitions. The term " food," when used herein, «. Food ., shall include every article of food and every beverage defined used by man and all confectionery; the term "drug," " Drug " when so used, shall include all medicines for external defined and internal use. § 41. Adulterations. No person shall, within the state, manufacture, produce, compound, brew, distill, have, sell cr offer for sale any adulterated food or drug. An article shall be deemed to be adulterated within the meaning of this chapter: A. In the case of drugs: 1. If when sold under or by a name recognized in the Aduiter- ated drugs denned t Sections 40-43 and 46-50 to be enforced by Department of Farms and Markets. Farms and Markets Law, § 100, p. 448 52 The Public Health Manual United States pharmacopeia, it differs from the stand- ard of strength, quality or purity laid down therein. 2. If, when sold under or by a name not recognized in the United States pharmacopeia, but which is found in some other pharmacopeia or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work. . 3. If its strength or purity fall below the professed standard under which it is sold. 4. If it contains methyl or wood alcohol, in any of its forms, or any methylated preparation made from it. B. In the case of food: 1. If any substance or substances has or have been mixed with it so as to reduce or lower or injuriously affect its quality or strength. 2. If any inferior or cheaper substance or substances have been substituted wholly or in part for the article. 3. If any valuable constituent of the article has been wholly or in part abstracted. 4. If it be an imitation or be sold under the name of another article. 5. If it consists wholly or in part of diseased or de- composed or putrid or rotten animal or vegetable sub- stance, whether manufactured or not, or in the case of milk, if it is the product of a diseased animal. 6. If it be colored, or coated, or polished, or powdered, whereby damage is concealed, or it is made to appear better than it really is, or of greater value. 7. If it contain any added poisonous ingredient, or any ingredient which may render such article injurious to the health of the person consuming it. Provided that an article of food which does not contain any ingredient injurious to health, shall not be deemed to have been adulterated, in the case of mixtures or com- pounds which may be now, or from time to time here- after, known as articles of food under their own dis- tinctive names, or which shall be labeled so as to Adulterations 53 plainly indicate that they are mixtures, combinations, compounds or blends, and not included in definition four of this subdivision. 8. If it contains methyl or wood alcohol in any of its forms, or any methylated preparation made from it. C. In the case of spirituous, fermented and malt liquors, if it contain methyl or wood alcohol in any of its forms, or any substance or ingredient not normal or Aduiter- healthful to exist in spirituous, fermented or malt ated x liquors liquors, or which may be deleterious or detrimental to defined health when such liquors are used as a beverage. In the case of ale or beer, if it contains any substitute for hops, or pure extract of hops, or if any such substitute is used in the manufacture thereof. D. In the case of confectionery, if it contains terra alba, barytes, talc or other mineral substance or poison- Adulter- ous colors or flavors, or other ingredients deleterious or * te ?. c °°," ' ° fectionery detrimental to health. If the standard of any article defined of food or any drug is not established in a national pharmacopeia, the state board of health shall, from time to time, fix the limit for variability permissible therein. The state board of health may, from time to time, with the approval of the governor, declare what articles or preparations shall be exempt from the pro- visions of this article, and publish a list of such articles which shall thereafter be so exempt. Every person vio- lating any provision of this section shall forfeit to the people of the state the sum of one hundred dollars for every such violation. § 42. Duties of state department of health in respect state ae- to adulterations. The state department of health shall ^health take cognizance of the interests of the public health as t0 enforce affected by the sale or use of food and drugs and the adulterations thereof, and make all necessary inquiries Appoint . and investigations relating thereto. It shall appoint ment of such public analysts, chemists and inspectors as it chemists may deem necessary for that purpose, and revoke any g p( f ctc and in- tors 54 The Public Health Manual Additional Yearly analysis liquors such, appointment whenever it shall deem the person appointed incompetent, or his continuance in the service for any reason undesirable. It shall, from time to time, adopt such measures and make such regulations and declarations, in addition to the provisions of this regulations ar ticle, as may seem necessary to enforce or facilitate deciara- the enforcement of this article, or for the purpose of tions making an examination or analysis of any food or drug- sold or exposed for sale in the state, and all such regu- lations and declarations made in any year shall be filed in the office of the secretary of state and published in the session laws first published after the expiration of thirty days from such filing. § 43. Analysis of spirituous, fermented or malt of liquors. The state department of health shall at least once in each calendar year cause samples to be pro- cured in the public market or otherwise of the spirit- uous, fermented or malt liquors, distilled, brewed, manu- factured, sold or offered for sale in each brewery and distillery located in this state. Such samples shall be kept in vessels in a condition to obtain a proper test and analysis thereof. Such vessels shall be properly labeled and numbered, and an accurate list kept of the names of the distillers, brewers 'and vendors of the liquors from which the samples were taken, and opposite each name shall appear the number which is written or printed on the label attached to the vessel containing the sample. Such lists, numbers and labels shall be exclusively for the information of such department and shall not be disclosed or published unless upon discovery of some deleterious substance therein prior to the com- pletion of the analysis or required in evidence in court. When listed and numbered, every such sample shall be delivered to an analyst, chemist or officer of the depart- ment and shall be designated and known to him. only by its number, and by no other mark or designation. A test or analysis of such sample shall be made by Adulterations 55 such analyst, chemist or officer, which will determine the ingredients or component parts thereof. The result of such test or analysis shall be immediately reported to the department by the person making the same, setting forth explicitly the nature of any deleterious substance, compound or adulteration found therein which may be detrimental to public health, and the number of samples in which it was found. Any brewer, distiller or vendor in whose samples any such substance, compound or adulteration is found upon any such test or analysis, shall be deemed to have violated the provisions of this article, prohibiting the manufac- turing, having, selling or offering for sale of adulterated food. § 44. Samples to be furnished. Every person selling, Samples to be or offering, or exposing for sale or manufacturing or furnished producing any article of food, or any drug, shall upon tender of the value thereof, furnish any analyst, chemist, officer or agent of the state department of health or of any local board of health, with a sample of any such article or drug,, sufficient for the purpose of analysis or test. For every refusal to furnish the same, the Penalt y person so refusing shall forfeit to the people of the state the sum of one hundred dollars. § 45. Seizure of milk. When a health officer or other Seizure of ° milk, official shall seize or destroy or cause to be seized or sample destroyed any milk, he shall take a sample of such milk t ° ken " by in the presence of at least one witness, and shall, in health r ' ' officer the presence of such witness, seal such sample and tender it to the vendor or person in charge of such milk, and if accepted, shall also deliver therewith a. statement in writing of the date and cause of such seizure or destruction. Any health officer or other official violating the provisions of this section, shall be liable to a penalty of fifty dollars, to be recovered by penalty the person aggrieved. 56 The Public Health Manual Adulter- § 46. Adulteration of wines. All wines containing ated wines alcohol, except such as shall be produced by the natural fermentation of pure undried fruit juices or compounded with distilled spirits, whether denominated as wines or by any other name, which may be used as a beverage or compounded with other liquors intended for such use, and all compounds of the same with pure wine, and all preserved fruit juices compounded with substances not produced from undried fruit in the nature of or intended for use as a beverage, or for use in the fermen- tation or preparation of liquors intended for such use, and all wines, imitations of wines or other beverages produced from fruit, which shall contain any alum, baryta salts, caustic lime, carbonate of soda, carbonate of potash, carbonic acid, salts of lead, glycerine, salic . acid, or any other antiseptic, coloring matter, not pro- duced from undried fruit, artificial flavoring, essence of ether, methyl or wood alcohol, in any of its forms, or any other foreign substance injurious to health, shall be known as or deemed to be adulterated wine, and shall not be sold, offered for sale or manufactured with intent to sell within this state; and all such wine and every such beverage shall be deemed a public nuisance and forfeited to the state and shall be summarily seized and destroyed by any health officer within whose juris- diction it shall be found, and the reasonable expense of such seizure and destruction shall be a county charge. Pure wine § 4 ?- Pure wine denned - For the purpose of this defined article, pure wine shall be deemed to mean the fer- mented juice of undried grapes or other undried fruits, but the addition of pure sugar to perfect the wine or of pure distilled spirits to preserve it, not to exceed eight per centum of its volume, or the use of things necessary to clarify and fine the wine not injurious to health shall not be construed as adulteration, if such pure wine shall contain at least seventy-five per centum of pure grape or other undried fruit juice. Adulterations 57 § 48. Half wine and made wine defined; packages, Half wine how stamped and labeled. For the purpose of this defined article, any wine which contains less than seventy-five and more than fifty per centum of pure grape or other undried fruit juice and is otherwise pure shall be known as half wine, and upon each and every package of such wine manufactured with the intent to sell, or sold or offered for sale by any person within this state, if con- taining more than three gallons, there shall be stamped on both ends of the package containing the same in black printed letters, at least one inch in height and of Marking proper proportion in width, the words " half wine " ; and if containing more than one quart and not more than three gallons, there shall be stamped on each package in plain printed black letters, at least one-half inch high and of proper proportion as to width, the words " half wine " ; and if in a package or bottle of one quart or less, there shall be placed a label securely pasted thereon, having the words " half wine " plainly printed in black letters at least one-quarter of an inch high and of proper proportion as to width. If any number of small packages is inclosed in a larger package, as a box, barrel, case or basket, such outside package shall have thereon the stamp " half wine " in letters of a size according to the size of such outer package. Every person who shall sell, offer for sale, or manufacture with the intent to sell, within the state any wine con- Made taining less than fifty per centum of pure grape or wine other undried fruit juice and otherwise pure, shall cause all the packages containing the same to be stamped, marked and labeled with the words " made wine " in the same manner as " half wine " is required in this Marking section to be stamped, marked and labeled, and all such wine shall be known and sold as " made wine." § 49. Penalties. Every person who manufactures with Penalties intent to sell, sells or offers for sale within the state, any wine of a kind or character, the manufacture, sale 58 The Public Health Manual or offering for sale of which is prohibited by this article, or which is not stamped, marked or labeled as required by this article, shall forfeit to the county wherein such manufacture, sale or offering for sale takes place, the sum of one-half dollar for each gallon thereof so sold or manufactured with the intent to sell. The provisions of the three preceding sections of this article shall not apply to medicated wines which are put up and sold for medical purposes only. Report to § 50. Report to district attorney. Upon discovering district at- an y violations of the provisions of the penal law relat- torney by J r r department ing to the adulteration of foods and drugs, the state department of health shall immediately communicate the facts to the district attorney of the county where the violation occurred, who shall thereupon forthwith commence proceedings for the indictment and trial of the person charged with such violation. Nothing in this article shall be construed to in any way repeal or affect any of the provisions of the agricultural law, nor to prohibit the coloring of butter made from milk, the product of the dairy, or the cream from the same with coloring matter which is not injurious to health. Note: — Since the enactment of similar section in Agricultural Law in 1893, this work has been carried on by the Department of Agricul- ture. ARTICLE V Potable waters Section 70. Rules and regulations of department. 71. Inspection of water supply. 72. Rules and regulations for water supplies legalized. 73. Sewerage. 73-a. Sanitary control of water supply of the city of New York, tributary to the Catskill aqueduct. 74. Discharge of sewage into Wallkill creek pro- hibited. Potable Waters 59 Section 75. Discharge of sewage into the Susquehanna near Binghamton prohibited. 76. Discharge of sewage and other matter into certain waters prohibited. 76a. Order to discontinue pollution of waters. 77. Permission to discharge sewage. 78. Permission to discharge refuse or waste mat- ter 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 estab- lishments. 83. Record of permits ; inspection of local boards of health. 84. Violations; service of notice; actions. 85. Penalties. 86. Constructions and limitations made by sec- tions seventy-six to eighty-five, inclusive. 87. Actions by municipalities to prevent dis- charge of sewage into waters. § 70. Rules and regulations of department. The water state department of health may make rules and regu- regulations lations for the protection from contamination of any auth(>rize,i or all public supplies of potable waters and their 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 Approval of the state department of health for the protection of x. y. c. rules and from contamination of any or all public supplies of regulations 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 60 The Public Health Manual Tempor- relates to a temporary source or act of contamination, ary con- anv p erson violating such rule or regulation shall be tion, 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 regu- Permanent lation relates to a permanent source or act of contami- timi tammar nation, said department may impose penalties for the penalty violation thereof or the noncompliance therewith, not exceeding two hundred dollars for every such violation Pubiica- or noncompliance. Every such rule or regulation shall tion of b e published at least once in each week for six con- secutive weeks, in at least one newspaper of the county where the waters to which it relates are located. The Expense of cost of such publication shall be paid by the corpora- pubiication ^ on or municipality • benefited by the protection of the water supply to which the rule or regulation published Affidavit of relates. The affidavit of the printer, publisher or pro- pubiica- prietor of the newspaper in which such rule or regula- in county tion is published may be filed, with the rule or regula- cierk'^ *i° n published, in the county clerk's office of such office 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. ( Am'd by 1911, ch. 695, and L. 1915, ch. 665, in effect May 20, 1915.) § 71. Inspection of water. The officer or board having by law the management and control of the potable water supply of any municipality, and in the city of New York, the commissioner of water sup- ply, gas and electricity, and the board of water supply of the city of New York, or the corporation furnishing inspections 8ucn su PPty> ma 7 make such inspection of the sources of such water supply as such officer, board or corpora- tion deems advisable and to ascertain whether the rules or regulations of the state department and of the commissioner of water supply, gas and electricity of the city of New York, and of the board of water Potable Waters 61 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. If any such. in- spection discloses a violation of any such rule or regula- violations, x j service of tion relating to a temporary or permanent source or act notice of contamination, such officer, board or corporation 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 vio- lated, such officer, board or corporation, 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 Notifica- the city of New York, shall notify the state depart- department ment of the violation, which shall immediately examine tLn °con- into such violation; and if such person is found by the tinues state department to have actually violated such rule or regulation, the commissioner of health shall order the local board of health of such municipality wherein the anT^rder violation or noncompliance occurs, to convene and en- to convene force 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 sup- ply or the municipality deriving its water supply from the waters to which such rule or regulation 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 inter- Action in ested in the protection of the purity of the water rec0 rd if supply, may maintain an action in a court of record }> oavi farls rsr * ' J to enforce which shall be tried in the county where the cause order of action arose against such person, for the recovery 10 days of the penalties incurred by such violation, and for 62 The Public Health Manual Penalties &n injunction restraining him from the continued viola- a unctioii ^ on °* sucn ru * e or regulation. If the person served does not comply within five days with the rule or regu- lation violated, in case such rule or regulation relates to a temporary or permanent source or act of contami- nation affecting the potable water supply of the city contam- of New York, the commissioner of water supply, gas matron ^of an( j e i ec tricity of said city, or the board of water sup- suppiy ply of the city of New York, may summarily enforce Summary compliance with such rule or regulation, and may sum- abatement marjiy abate or remove the cause of the violation of t)r eniorce- J ment after such rule or regulation or the nuisance so created, and to that end may employ such force as may be neces- sary and proper; provided, however, that no building or improvements shall be removed, disturbed or de- stroyed by the said commissioner of water supply, or the said board of water supply until he or they shall cause measurements to be made of the build- ings 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 and 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 violation and for an injunction restraining the person or persons violating such rule or regulation, or creating or con- tinuing such nuisance, from the continued violation of such rule or regulation or continuance of such nuisance; the remedy by abatement being not exclusive. (Am'd by L. 1911, ch. 695, and L. 1915, ch. 665, in effect May 20, 1915.) § 72. Rules and regulations for water supplies legal- ized. All rules and regulations heretofore duly made and published for the sanitary protection of public Potable Waters 63 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 Changes in health, or the commissioner of water supply, gas and tems re _ electricity of the city of New York, or the board of r ^ ed by 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 sewage,* or a change thereof, in or for any village or hamlet, whether incorporated or un- incorporated, or the execution of which will require the providing of some public means of removal or purifica- tion of sewage, the municipality or corporation owning the water works benefited thereby shalf, at its own expense, construct and maintain such system of sewage,* 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 ap- proved by the state department of health, and for that purpose said municipality or corporation may acquire, com- under the general condemnation law, the necessary real j? e r ns d a an° n estate or interest therein whether now used for public a s e t0 , build- or private purposes. When the execution of any such ings or regulations of the state department of health, or the occasioned commissioner of water supply, gas and electricity of by enforce- the city of New York, or the board of water supply of ru i es * So in original? The Public Health Manual the city of New York, will occasion or require the re- moval of any building or buildings, the municipality or corporation owning the water works 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 regula tion will injuriously affect any property the munici- pality or corporation owning the water works bene- fited thereby shall make just and adequate compensa- tion 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 building are so made by the munici- pality or corporation owning the water works to be benefited thereby at its own expense, and until, except in the case of a municipality, the corporation owning the water works 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 prop- erty, there sljall be no action or proceeding taken by any such municipality, officer, board, person or corpo- ration against any person or corporation for the viola- tion 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 regulation. 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 electricity 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 regula- Potable Waters 65 tion, shall have a cause of action against the munici- pality or corporation owning the water works bene- fited by the enforcement of such rule or regulation, for all damages occasioned or sustained by such removal or enforcement, including all injuries caused to the legitimate use or operation of such property, and an action therefor may be brought against such munici- pality or corporation in any court of record in the county in which the premises or property affected is situated and shall be tried thereon ; 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 commencement of condem- nation proceeding. 'Such municipality or corporation 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 peti- tion and answer, if any. Either party may, before the service of the petition or answer respectively, offer to take or pay a certain sum, and no costs shall be awarded against either party unless the judgment is more un- favorable to him than his offer. Provided, however, that in the case of a summary abatement by a munici- pality as hereinbefore provided, no costs shall be awarded against 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 munici- pality shall, within three calendar months after the confirmation of the report of the commissioners of ap- praisal, pay to the respective owners and bodies politio 3 66 The Public Health Manual or corporate, mentioned or referred to in said report, in whose favor any sum or sums of money shall be esti- mated and reported by said commissioners, the respec- tive 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 execu- tors, administrators or successors, at any time or times, after application first made by him, her, or them to such municipality for payment thereof, may sue for and recover the same, with lawful interest aa afore- said, and the costs of suit in any proper form of action against such municipality in any court having cog- nizance thereof, and it shall be sufficient to declare generally for so much money due to the plaintiff or plaintiffs therein by virtue of this act, and the report of said commissioners, with proof of the right and title of the plaintiff or plaintiffs to the sum or sums de- manded shall be conclusive evidence in such suit or action. (Am'd by L. 1911, ch. 695, and L. 1915', ch. 665, in effect May 20, 1915.) § 73-a. Nothing contained in this chapter shall ex- tend 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 sup- ply to the commissioner of water supply, gas and elec- tricity 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 san- itary control over the sources of potable water supply Potable Waters 67 tributary to the Catskill aqueduct. (Added by L. 1915, ch. 6*65, in effect May 20, 1915.) § 74. Discharge of sewage into Wallkill creek pro- Discharge hibited. No person or corporation shall permit the dis- of se ^ a f, e charge or escape of any sewage, or other matter dele- km creek terious 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 vio- lating 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 Discharge of S0WELS6 Binghamton prohibited. No person or corporation shall i nto the cause to fall, flow or discharge into the Susquehanna susque- ' ° ^ hanna near river or any of its tributaries, between the Rock Bottom Bingham- dam in such river at the city of Binghamton, and a hibited 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 ex- amine 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 for- feit 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 Discharge certain waters prohibited. No person, corporation or and^other municipality, shall place or cause to be placed, or dis- matter int0 charge or cause to be discharged into any of the waters waters of this state, in quantities injurious to the public pro health, any sewage, garbage, offal, or any decompos- 68 The Public Health Manual able 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 sys- tem, or from any shop, factory, mill or industrial estab- lishment; 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- Exceptions 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 industrial establishment, if such sewer system was in operation and was discharging sewage, or such shop, factory, mill or industrial estab- lishment 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 ex- emption 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, fac- tory, mill or industrial establishment, or reconstruc- tion thereof, provided the refuse or waste matter dis- charged therefrom is not materially changed or in- creased; but this exception shall not permit any in- crease in the discharge of such sewage, or in the dis- charge of refuse or waste matter from any shop, factory, mill or industrial establishment, nor shall it per- mit the discharge of sewage from a sewer system which shall be extended, modified or reconstructed subsequent to said date. (Am'd by L. 1911, ch. 553, in effect June 30, 1911.) § 76-a. Order to discontinue pollution of waters. Whenever the state commissioner of health shall de- Potable Waters 69 termine upon investigation that sewage from any city, Order to village, town, building, steamboat or other vessel, or t inue property, or any garbage, offal or any decomposable or P° llutl0n vf putrescible matter of any kind is being discharged into investiga- any of the waters of the state, which shall include all com mis- e streams and springs and all bodies of surface and f* 011 " of 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 dis- charge 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 dis- charge should not be discontinued. A notice shall be Notice to . munici- served on the municipality, corporation or person so paiity, cor- discharging sewage, refuse or other matter, directing pe™o n on to or such municipality, corporation or person to show cause show cause before the said state commissioner of health on a date should, not specified in such notice why an order should not be ]?? ™* de i "J directing made directing the discontinuance of such discharge, aiscon- Such notice shall specify the time when and the place discharge where a public hearing will be held by the state com- refusTor 6 ' missioner of health and notice of such hearing shall oth er be published at least twice in a newspaper of the city, village, town or county where such discharge occurs, and shall be served personally or by mail at least fifteen days before said hearing and in the case of a munici- pality or a corporation such service shall be upon an officer thereof. The state commissioner of health shall Evidence take evidence in regard to said matter and he may taken by issue an order to the municipality, corporation or per- st * te . com " " •> ' r r missioner son responsible for such discharge, directing that within ot health 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 adopted as will permanently obviate such pollu- 70 The Public Health Manual Order to be approved by the governor and the attorney- general Sewage defined Permission to dis- charge sewage tion of said waters by the municipality, corporation or person responsible therefor and as shall be approved by said commissioner. Such order shall not be valid until approved by the governor and the attorney-gen- eral, 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 substance, 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, fac- tory, mill or industrial establishment not containing sewage as hereinbefore defined. (Added by L. 1911, ch. 553, in effect June 30, 1911.) § 77. Permission to discharge sewage.* Upon appli- cation 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 com- missioner of health shall have power to consider the case of a sewer system otherwise prohibited by sec- tion 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 * Copy of the rules and regulations adopted by the Department governing the submission of plans for sewerage systems and disposal works may be had by writing the Department. Potable Waters 71 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, modifications, regulations and conditions on which such discharge may be permitted. Such ap- plication must be made in a form required by the state commissioner of health and he may require such plans Plans for and information to be furnished him as he deems ad- tems, sew- visable. The plans for the construction of any sewer age , dls " r J posal system or sewage disposal plant or for the extension, plants ana reconstruction or modification of sewers, sewer sys- skm.^re- tems or sewage disposal plants shall be so submitted construc- with application for their approval, and a permit as modifica- herein provided. Such permit before being operative s ^e to be shall be recorded in the county clerk's office of the submitted ^ for ap- county wherein the outlet of the said sewer system is provai located, and a copy of the permit shall be transmitted by the state commissioner of health to the board of health of the municipality wherein the outlet of said sewer system is located. (Am'd by L. 1911, ch. 553, in effect June 30, 1911.) § 78. Permission to discharge refuse or waste matter permis- . from industrial establishments. Upon application duly ^charge made to the state commissioner of health by the pro- refuse or waste prietor, lessee or tenant of any shop, factory, mill or matter industrial establishment from which the discharge of ^s^riaT 7 refuse or waste matter into any of the waters of the estabiisn- state is otherwise prohibited by section seventy-six, the state commissioner of health shall have power to con- sider the case of the said shop, factory, mill or indus- trial 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 modifications, regulations and conditions aa the public health may require. Such permit before 72 The Public Health Manual 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 s*tate 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 establish- ment shall be located. § 79-. Plans for refuse discharge pipes must be sub- mitted. Before any conduit or discharge pipe, or other Plans for refuse dis- charge pipes must means of discharging or casting any refuse or waste mitted matter from any shop, factory, mill or industrial estab- lishment not constructed or in process of construction on May seventh, nineteen hundred and three, shall be put in or constructed for the purpose of discharging any refuse or waste matter therefrom into any waters in this state, the plan or plans therefor, together with 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. No such con- duit, 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 constructed 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. Revoca- § 80. Revocation of permit.- Every such permit for permit the discharge of sewage from a sewer system or for the discharge of refuse or waste matter from a shop, fac- tory, mill or industrial establishment, shall when nece3- Potable Waters 73 sary to conserve the public health, be revocable or sub- ject to modification or change by the state commissioner of health on due notice after an investigation and hear- ing and an opportunity for all interested therein to be heard thereon being served on the public authorities of the municipality owning and maintaining the sewer system, or on the proprietor, lessee or tenant of the shop, factory, mill or industrial establishment. 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 per- mit, 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 establishment, 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 estab- lishment. On the expiration of the period of time pre- scribed after the service of a notice of revocation, modi- fication 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 hereinbefore pro- vided. § 81. Reports of municipal authorities to local boards Reports of , , , municipal of health. The report of the public authorities having authorities by law charge of the sewer system of every municipality boards* 11 of in the state, from which sewer system sewage was being health discharged into any of the waters of the state on May seventh, nineteen hundred 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 74 The Public Health Manual Reports of proprietors of indus- trial estab- lishments Records of permits; inspection of local boards of health 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 establish- ments. 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, nine- teen 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 estab- lishment from the prohibition of section seventy-six of this article. No shop, factory, mill or industrial estab- lishment 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 com- missioner 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 perma- nent 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 Potable Waters 75 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 mat- ter 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 officers, 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 violations; local board of health of each municipality shall no^ce*- promptly ascertain every violation of, or noncompli- actions 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 oc- cur within that municipality, or the state commissioner of health may ascertain such violations or noncompli- ance. The local board of health shall on the discovery of every violation of or noncompliance 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 noncom- pliance, the state commissioner shall at once give a hearing to and take the proof of persons charged with such violation or noncompliance and investigate the matter, and if he finds a violation or noncompliance 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 corporation responsible for the violation or non- compliance, for the recovery of the penalties incurred and for an injunction against the continuation of the 76 The Public Health Manual violation or noncompliance. (Am'd by L. 1911, eh. 553, in effect June 30, 1911.) Penalties § 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 indus- trial establishment 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 indus- trial establishment, without filing a report where a re- port 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. construe- r g6 Constructions and limitations made by sections tions and . . . limitations seventy-six to eighty-five, inclusive. Nothing in sec- sections 7 tions seventy-six to eighty-five inclusive shall be con- seventy- strued to diminish or otherwise to modify the common eighty-five, law rights of riparian owners in the quality of waters inclusive ^ g t reams CO vered by such rights, nor in the case 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 Potable Waters 77 in the state of New York, which has made such provi- Actions by ■ munici- sion for the disposal of its sewage as not to pollute or panties to contaminate therewith any river, stream, lake or other SJfSwge body of water, may have and maintain an action in the pf sewage 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 incorpo- rated city or village shall take or receive its water sup- ply, provided, that such river, stream, lake or other body of water is wholly, or in part, within the bounda- ries 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 su- preme court upon proof of the existence of facts justi- fying the bringing and maintenance of such action under the provisions of this section to render a judg- ment in which shall be incorporated a mandatory in- junction 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 sup- ply, 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 sub- stance 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 8 The Public Health Manual state department of health has examined and deter- mined 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 con- taminate said waters or any of them in such manner as to be of 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 pro- vided in this section shall be submitted to the state department of health for its approval. ARTICLE VI Quarantine at the port of New York* Section 100. Quarantine commissioners abolished; powers conferred on health officer. 101. Other officers and employees. 102. Meetings; report. 103. Custody of quarantine establishment. 104. Quarantine establishment. 105. Docks and wharves. 106. Anchorage. 107. Boarding station. 108. The Swinburne island hospital. 109. Crematory. 110. Remains of persons cremated. 111. Burying ground. Quaratine § 100. Quarantine commissioners abolished; powers commis- conferred on health officer. On and after June first, sioners m~ ^ abolished nineteen hundred and nine, the office of commissioner * See p. 82 Quarantine at the Port of New York 79 of quarantine at the port of New York and the board of commissioners of quarantine at the port of New powers York shall be abolished; and all the powers and duties ^"^heaith heretofore possessed by or imposed upon the commis- officer of sioners of quarantine at the port of New York, upon a commissioner of quarantine at the port of New York and upon the board of commissioners of quarantine at the port of New York shall on and after such date be conferred and imposed upon the health officer for the port of New York. (Am'd by L. 1909, ch. 375.) § 101. Other officers and employees. (Repealed.) § 102. Meetings; report. (Repealed.) § 103. Custody of quarantine establishment. The custody of health officer shall be the custodian of the quarantine establish- * establishment to be held by him in trust for the people ment of the state, in accordance with the provisions of this chapter. He may make such rules and regulations not inconsistent with law as they * shall deem necessary for the care and protection of each portion of the quaran- tine establishment; for the government of the em- ployees therein; for the regulation of the conduct of all quarantinable persons and shall pay all salaries of per- sons appointed by him at Hoffman and Swinburne islands from money appropriated by the state. He shall collect from the owners, agents or consignees of vessels all bills for the care and maintenance of persons detained in quarantine, and shall have power to enforce such payment by process of law against the vessel upon which such detained persons have arrived, or against the agents, or owners, or consignees of such vessels, and, in case of an emergency arising, shall use all means conducive to the protection of the public health, and if the balance in the contingent fund is insufficient therefor, may, with the approval of the governor and notwithstanding the provisions of section thirty-seven * So in original 80 The Public Health Manual Quarantine establish- ment Docks and wharves Anchorage Boarding station of the state finance law, expend such portion of the fees collected by him as may be needed. If such expendi- ture is made the health officer shall render to the state comptroller on or before the fifth day of the succeeding month a sworn itemized statement of all such expendi- tures made during the preceding calendar month. (Am'd by L. 1900, ch. 375 and L. 1910, ch. 425, in effect Oct 1, 1910.) § 104. Quarantine establishment. Quarantine for the protection of public health shall be maintained in and for the port of New York, for all vessels arriving thereat from other ports, and for ^the crews, passengers, equipage, cargoes and other property on board the same. The quarantine establishment at such port shall con- sist of: 1. Docks and wharves. 2. Anchorage for vessels. 3. Stationary hospital. 4. Boarding station. 5. Crematory. 6. Residence for officers and men. 7. Such other places and structures as have been or may be authorized by law for quarantine purposes. § 105. Docks and wharves. The existing docks and wharves with their appurtenances shall be maintained, and if any such additional structures are required, they shall be constructed at such expense and in such place in the lower bay of New York, as the health officer may determine, with the approval of the commissioners of the land office. (Am'd by L. 1909, ch. 375.) § 106. Anchorage. The anchorage for vessels under quarantine shall be within the waters of New York harbor at such place as may be designated by the health officer. (Am'd by L. 1909, ch. 375.) § 107. Boarding station. The boarding station for vessels from any place where disease subject to quaran- Quarantine at the Port of New York 81 tine existed at the time of their departure, or which shall have stopped at any such place during their voyage, or on board of which during the voyage any case of such disease shall have occurred, arriving be- tween the first day of April and the first day of November, shall be at such place as the health officer may designate. And all such vessels immediately on their arrival shall anchor where directed and there re- main with all persons arriving thereon until discharged by the health officer. (Am'd by L. 1909, ch. 375.) § 108. The Swinburne island hospital. The Swin- Swinburne burne island hospital in the lower bay of New York, ^ slan .^ with its docks, wharves and appurtenances, shall be kept in the discretion of the health officer in con- dition for use as a hospital for the reception of persons sick with infectious diseases, arriving in quarantinable vessels, and shall be provided with all necessary furniture, fixtures and other facilities for the care of the sick, and for the prompt and efficient discharge of the duties of the health officer. The ex- pense of the care and the support of every person received into such hospital shall be fixed and determined by the health officer, and shall be paid to him by the master, owner or consignee of the vessel in which such person shall have arrived, and the payment thereof may be enforced by the same remedies as the payment cf other quarantine charges. The structures on Hoffman island now used for that purpose shall continue to be used for the reception and temporary detention of persons under quarantine who have been exposed to infectious diseases and who may be sent there by the health officer pursuant to law. And the health officer shall use every effort to maintain this island and the buildings thereon in the best possible condition for the safe and comfortable occupancy of detained persons, and shall provide appliances for the cleansing and the disinfection of persons, baggage, and other goods. (Am'd 82 The Public Health Manual Crematory persons cremated by L. 1909, ch. 375, and L. 1917, ch. 344, in effect May 3, 1917.) § 109. Crematory. The health officer shall maintain upon Swinburne island, in the harbor of New York, a crematory of such form and construction as he may deem advisable. He shall cause to be incinerated therein the bodies of persons dying at the quarantine hospital from infectious diseases, except of persons whose religious views as communicated by them while living, or by their friends within twenty-four hours after their decease, are opposed to cremation. (Am'd by L. ^909, ch. 375.) Remains of § 110. Remains of persons cremated. The remains of persons cremated upon Swinburne island shall be placed in receptacles provided by the health officer for this purpose, and the same shall be properly labeled for identification and the health officer shall deliver such receptacles to the proper claimants, when such appear, and when no such claimant is known, shall place the receptacle in a proper place to be provided for thi9 purpose. (Am'd by L. 1909, ch. 375.) § 111. Burying ground. The health officer may make use of such parts of Swinburne island in the harbor of New York, as they* may find necessary for the inter- ment of the bodies of persons dying at the quarantine hospital from infectious diseases, which are not au- thorized to be cremated or which may not be designated for cremation. (Am'd by L. 1909, ch. 375.) Burying ground Creation of commission to negotiate transfer of quaran- tine station to United States. Commis- Section 1. A commission is hereby created consisting negotiate of the governor, lieutenant-governor, attorney-general, Quarantine 1 comptroller and state engineer and surveyor, to nego- station to tiate with the proper authorities of the United States United r States ; ~ " * So in original Quarantine at the Port of New York for the transfer of title or the surrender of the posses- sion and use to the United States, upon the payment of such compensation as may be agreed upon, of the quarantine establishment of this state, consisting of docks and wharves, anchorage for vessels, stationary hospital, boarding station, crematory, residence for officers and men, and such other places and structures as have been authorized by law for quarantine pur- poses. If such agreement be made, such commission shall have power to execute and deliver to the proper authorities of the United States, in behalf of this state, all deeds and other instruments necessary to effectuate such transfer or surrender. § 2. Upon the completion of such transfer or surren- der, such commission shall file a certificate thereof, in duplicate, in the offices of the secretary of state and state comptroller, and thereupon the office of health officer for the port of New York shall be abolished, and the terms of office of the health officer for the port of New Y"ork then in office and of all his subordinate officers and employees shall terminate. § 3. Upon the transfer of title or the surrender of the possession and use of the quarantine establishment to the United States pursuant to this act, jurisdiction of the land and water included in such establishment shall be ceded to the United States by this state, on condition that the jurisdiction so ceded shall not pre- vent the execution thereon of any process, civil or crim- inal, issued under the authority of the state, except as such process might effect the property of the United States therein, and that such jurisdiction shall con- tinue in the United States so long only as such land and water shall remain the property or in the posses- sion of the United States. (Added by L. 1916, ch. 342, in effect April 27, 1916.) 84 The Public Health Manual ARTICLE VII Health officer of the port of New York f Section 120. Appointment; salary. 121. Residence and general powers. 122. Appointment of assistants, nurses, boatmen and others employed. 123. Examinations; warrants for offenders. 124. Boarding vessels. 125. Bills of health. 126. Effects of deceased persons. 127. Department of health of the city of Xew York. 128. Power over master, owner or consignee of vessel. 129. Quarantinable diseases. 130. Quarantinable vessels and period of quar- antine. 131. Detention for examination of vessels. 132. Sanitary measures; admission to pratique. 133. The yellow flag. 134. Vaccination. 135. Duty of pilots. 136. Removal of vessels, persons and things from the city of New York. 137. Payment of expenses of quarantine. 138. Lien for services and expenses. 139. When master of vessel must provide for passenger. 140. Policemen. 141. Confinement of offenders. 142. Jurisdiction over offenses and in actions. 143. Special port warden. 144. Fees and compensation, of health officer; payment of salaries and expenses. 145. Annual report. t See p. 82 Health Officer of the Port of Xew York 85 § 120. Appointment; salary. There shall continue to Health be a health officer for the port of Xew York appointed por t of by the governor, by and with the advice and consent ™^ in ^° rk ' of the senate, whose term of office shall be four years, ment: and who shall be a doctor of medicine of good standing of at least ten years' experience in the practice of his profession and practically familiar with quarantinable diseases. He shall be paid by the state an annual salary of twelve thousand five hundred dollars. (Am'd by L. 1910, ch. 425, in effect Oct. 1, 1910.) § 121. Residence and general powers. The health Residence officer for the port of Xew York shall reside at quaran- ^ eral tine. He shall have the general supervision and control powers of the quarantine establishment, and the care and treat- ment of the sick thereat, and shall carry into effect the provisions of this and the preceding article. He shall, in the presence of immediate danger, of which he shall be the judge, take the responsibility of applying such additional measures as may be deemed indispensable for the protection of the public health. He may cause to be sold at public auction any personal property con- nected with the quarantine establishment or otherwise subject to his jurisdiction, which he deems useless. The proceeds of such sale after deducting the necessary expense thereof shall be paid by him into the state treasury. (Am'd by L. 1909, ch. 375 and L. 1912, ch. 109, in effect April 3, 1912.) § 122. Appointment of assistants, nurses, boatmen and A pp° lnt - iai ment of others employed. The health officer may appoint and assistants, dismiss at pleasure deputy health officers, a resident nurses^etc. physician and an engineer of the Swinburne island hos- pital, and a superintendent and engineer of Hoffman island, who may perform, subject to his direction, any duty required of the health officer, and for whose con- duct he shall be responsible. He may appoint and dis- miss at pleasure as many nurses, boatmen and other employees as may be necessary for the proper perform- 86 The Public Health Manual Examina- tions; war- rants for offenders Boarding vessels ance of the duties of his office. The compensation of all persons employed under this section shall be fixed by the health officer within the amounts appropriated therefor. (Am'd by L. 1909, ch. 375 and L. 1910, ch. 425, in effect Oct. 1, 1910.) § 123. Examinations; warrants for offenders. The health officer may administer oaths in all examinations to be conducted by him, or under his direction, pre- scribed by this article, and relative to any alleged viola- tion of quarantine law or regulations. He* may issue a warrant to any constable or other citizen for the pursuit and arrest of any person violating any quaran- tine law or regulation, or obstructing the health officer in the performance of his duty, and for the delivery of any person arrested to the health officer, to be detained in quarantine until discharged by him, not exceeding twenty days. Every constable or other citizen to whom any such warrant shall be delivered shall obey the direction thereof. § 124. Boarding vessels. The health officer shall board every quarantinable vessel as soon after her arrival as practicable, between sunrise and sunset; shall ascertain by the inspection of the bill of health, manifest, log book or otherwise, as to the health of all persons on board, and the condition of the vessel and cargo; shall examine on oath as many persons on board or elsewhere as he may deem expedient to enable him to determine the period of quarantine and the regulations to which the vessel and cargo shall be made subject. It shall be the duty of the health officers at the several ports of entry within the state of New York to require the masters of all merchant ships and vessels arriving at said ports from any foreign port, to present a bill of health, duly executed by the consul, vice-consul, or other consular officer of the United States, or by the medical officer attached to the United States consulate by appointment of the United States government, or the Health Officer of the Poet of New York 87 representative of the United States government resident at said port of departure, which shall set forth the sanitary condition and history of said vessel; also the sanitary condition of the cargo and of the crew and passengers; also the sanitary condition of the food, water and ventilation of said vessel; the number of cases at such port of yellow fever, plague, cholera, small-pox, typhus fever, relapsing fever, scarlatina, measles, diphtheria and other infectious diseases, the total number of deaths from each of these diseases, and from all causes the week preceding the date of said bill of health, as far as can be ascertained by the said consul, vice-consul or other consular officer of the United States, or the medical officer attached to such consulate. Said bill of health shall contain, in addition to the above, a statement of any circumstances affecting the public health in relation to infectious diseases at the port of departure, or the community adjacent thereto. Vessels that touch at other ports on the passage shall bring a bill of health from each and every port, or shall have indorsed upon the original bill of health by the consul, vice-consul, consular officer or medical officer of the consulate, the facts and conditions of those ports as to the existence and prevalence of the infectious diseases mentioned in this section. All persons coming from or through any foreign port or place who may arrive at the port of New York, shall be liable to an examination by the health officer or his deputies, as regards their protection from small-pox. In case any person so arriving shall refuse to submit to such exam- ination, or upon such examination shall be found not sufficiently protected from small-pox, or refuses to be protected by vaccination, such person, and in case such person be a minor, then also the .person having him or her under charge, shall be detained in quarantine until he or she shall have passed the incubative period from date of last possible exposure; and the expense of such S8 The Public Health Manual Bills of health Effects of deceased persons detention shall be chargeable by the health officer upon the consignees or owners of the vessel having such person on board, and such expenses as may be incurred shall be a lien upon such vessel. The master of a vessel who shall refuse or neglect to comply with the provisions of this section shall be guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars nor more than five hundred dollars. (Am'd by L. 1909, ch. 3i7S.) § 125. Bills of health. The health officer shall require the masters of all merchant ships and vessels at such port from any foreign port to present a bill of health, duly executed by the consul, vice-consul or other con- sular officer of the United States, or by the medical officer attached to the United States consulate, by ap- pointment of the United States government, or the representative of the United States government, resident at such port of departure, setting forth the sanitary condition of the vessel, its cargo, crew, passengers, food, waters and ventilation and the sanitary history of the vessel, the number of cases at such port of yellow fever, plague, cholera, small-pox, typhus fever, relapsing fever, scarlatina, measles, diphtheria and other infectious diseases, the total number of deaths from each of these diseases, and from all causes the week preceding the date of the bill of health, as far as can be ascertained by the officer executing such bill of health, and a state- ment of any circumstances affecting the public health in relation to infectious diseases at such port of de- parture or the community adjacent thereto. Vessels touching other ports on the passage shall also bring a bill of health from each port, or shall have indorsed on the original bill of health by one of such United States officers thereat, the facts and conditions of the ports touched, as to the existence or prevalence there of any such infectious disease. § 126. Effects of deceased persons. The health officer shall secure the effects of deceased persons in quaran- Health Officer of the Port of Xew York 89 tine from waste and embezzlement, make a true inven- tory thereof, and if the rightful claimants thereto do not appear within three months, deliver the same to the public administrator of the city of New York, unless they ought not to be removed or ought to be destroyed under the provisions of this article. § 127. Department of health of the city of New York. Depart- The health officer shall keep the department of health health of of the city of New York informed of the number of cases cit y of N 6 w Y o rk of quarantinable diseases and the character of the same held at quarantine and he may receive any vessel or merchandise sent to him by the health authorities of New York which in his opinion is dangerous to the public health. § 128. Power over master, owner or consignee of Power over vessel. If the master, owner or consignee of any quar- master > ° ,. r owner or antinable vessel shall neglect or refuse to do any act consignee or thing lawfully directed to be done by the health officer, or to comply with any lawful order or direction of the health officer, or with any regulation relative to such vessel or any person or thing on board thereof, the health officer may employ such assistance as may be necessary to enforce any such order, direction or regulation. (Am'd by L. 1909, eh. 375.) § 129. Quarantinable diseases. The quarantinable Quarantin- diseases are yellow fever, plague, cholera, typhus or diseases ship fever and small-pox, and any other infectious disease which has been or may be determined to be quarantinable by the health officer. Persons with in- sufficient evidence of vaccination and known to have been recently exposed to small-pox, shall be vaccinated as soon as practicable and detained until the vaccination shall have taken effect, under regulations prescribed by the health officer. § 130. Quarantinable vessels and period of quarantine. Quarantin- Every vessel arriving at the port of New York from S eis and any place where a quarantinable disease existed at the quarantine The Public Health Manual Sanitary- measures ; admission to pra- tique The flag yellow Vaccina- tion time of departure, or which shall have arrived at any such place and proceeded therefrom to New York, or on board of which during the voyage any case of any such disease shall have occurred, shall remain at quar- antine until the health officer grant a permit for the discharge of such vessel or cargo or both. Every vessel arriving at the port of New York from any foreign port and every vessel from a domestic port shall, on their arrival at the quarantine ground, be subject to visitation by the health officer. No quarantinable vessel shall depart from quarantine without the written per- mission of the health officer which shall be delivered by the master of the vessel to the department of health of the city of New York, according to the destination of the vessel within twenty-four hours after the permit is received by him. § 131. Detention for examination of vessels. If a vessel which has not had, during the voyage, a case of quarantinable disease, is found in a condition which the health officer deems dangerous to the public health, it shall be held and treated as the health officer may deem necessary. § 132. Sanitary measures; admission to pratique. The health officer may require before admission to pratique of any vessel, baths and other bodily care of the persons on board in addition to the treatment of the vessel and cargo. Admission to pratique shall be preceded by as many visits to the vessel by the health officer as he may deem necessary. § 133. The yellow flag. The health officer shall cause all vessels, warehouses and merchandise in quarantine to be designated by a yellow flag, and shall prohibit communication with or passage within range of the same, except under such restrictions as he may designate compatible with 'the public safety. § 134. Vaccination. All persons coming from oi through any foreign port or place, who may arrive at Health Officer of the Port of New Yop^k 91 the port of New York, shall be liable to an examination by the health officer or his deputies, as regards their protection from small-pox. If any such person shall refuse to submit to such examination or on such examination shall be found not sufficiently protected from small-pox, or shall refuse to be protected by vaccination, such person together with the person having him in charge if he be a minor, shall be detained in quarantine until he shall have passed the incubative period from the date of the last possible exposure; and the expense of such detention shall be charged by the health officer to the consignees or owners of the vessel having such person on board, and such expenses so incurred shall be a lien upon such vessel. (Am'd by L. 1909, ch. 375.) § 135. Duty of pilots. Every pilot belonging to the Duty of port of New York shall use his utmost endeavors to pilots supply the health officer with such information as may aid him in protecting the public health. § 136. Removal of vessels, persons and things from Removal of the city of New York. The health officer may, whenever persons in his judgment the public health requires it, order any ^ nd ^ in ss vessel at the wharves of the city of New York to the city of quarantine grounds and may require all persons, articles or things introduced into the city from such vessel to be seized, and returned on board thereof. If the master, owner or consignee of such vessel can not be found, or shall neglect or refuse to obey any such order of re- moval, the health officer may employ such assistance as may 7 be necessary to effect such removal at the expense of such master, owner or consignee. He shal.1 have the aid of the health and police departments of the city of New York in securing the return of the persons and things above referred to. Such vessel or person shall not return to the city without the written permission of the health officer. Any person employed to remove any such vessel, articles or things pursuant to this sec- 92 .The Public Health Manual Payment of quaran tine tion, shall have a lien on such vessel, its tackle, apparel and furniture for his services and expenses in effecting such removal, which may be enforced in the manner prescribed in the lien law for the enforcement of a lien upon vessels. § 137. Payment of expenses of quarantine. The of e examiner from office on proven charges of inefficiency, incompetency, immorality or unprofessional conduct. 2. Secretary of the board. The secretary shall be a Secretary licensed dentist who has been in practice in this state for at least five years with a degree of D.D.S. He shall be appointed by the regents, shall hold office dur- ing tbeir pleasure, and shall receive an annual salary of four thousand dollars, payable from moneys re- ceived under this article. He shall have such powers and shall perform such duties as are prescribed by the rules of the regents. (Am'd by L. 1910, ch. 137 and L. 1916, ch. 129, in effect Sept. 1, 1916.) 120 The Public Health Manual Examina- § 196. Examinations. The regents shall admit to examination any candidate who shall pay the fee herein prescribed and submit satisfactory evidence, verified by oath if required, that he: 1. Is more than twenty-one years of age; 2. Is of good moral character; 3. Has a preliminary education equivalent to grad- uation from a four year high school course registered by the regents, or an education accepted by the re- gents as fully equivalent. 4. Subsequently to receiving such preliminary edu- cation either has been graduated in course with a den- tal degree from a registered dental school, or else, having been graduated in course from a registered medical school with a degree of doctor of medicine, has pursued thereafter a course of special study of den- tistry for at least two years in a registered dental school and received therefrom its degree of doctor of dental surgery, or else holds a diploma or license con- ferring full right to practice dentistry in some other of the United States or in some foreign country and granted by some licensing board, college, school or uni- versity registered by the regents as maintaining an educational standard equal to that required of dental colleges of this state, or else has lawfully practiced den- tistry for more than twenty-five years without this state and within the United States; but the exami- nation for those who have lawfully practiced for twenty -five years in other states shall be a practical examination only. The regents may also in their dis- cretion on or after June first, nineteen hundred and sixteen, admit conditionally to the examination in anat- omy, physiology, chemistry and metallurgy and his- tology, applicants twenty years of age certified as hav- ing studied dentistry not less than two years, includ- ing two satisfactory courses in two different calendar years, in a dental school registered as maintaining at Dental Societies and the Practice of Dentistry 121 the time a satisfactory standard, provided that such applicants meet the second and third requirements of candidates for examination. If a candidate fails, on final examination, he may have a second examination without fee; but for every examination subsequent an additional fee of twenty-five dollars shall be required. Any member of the board may inquire of any appli- cant for examination concerning his qualifications and may take testimony of any one in regard thereto, under oath, which he is hereby empowered to administer. 5. Any dental dispensary or infirmary 'legally incor- porated and registered by the regents, and maintain- ing a proper standard and equipment may establish for women students a course of study in oral hygiene, all such students upon entrance shall present evidence of attendance of one year in the high school, and may be graduated in one year as dental hygienists, upon complying with the preliminary requirements to exam- ination by the board, which are: A. A fee of five dollars. B. Evidence that they are at least twenty years of age and of good moral character. C. That they "have : complied with and fulfilled the preliminary and professional requirements and the re- quirements of the statute. After having satisfactorily passed such examination they shall be registered" and licensed as dental hygien- ists by the regents under such rules as the regents shall prescribe. 6. Any licensed dentist, public institution or school authorities may employ such licensed and registered dental hygienists. Such dental hygienists may remove lime deposits, accretions and stains from the exposed surfaces of the teeth, but shall not perform any other operation on the teeth or tissues of the mouth. They may operate in the office of any licensed dentist, or in any public institution or in the schools under the 122 The Public Health Manual general direction or supervision of a licensed dentist, but nothing herein shall be construed as authorizing any dental hygienist performing any operation in the mouth without supervision. The regents may revoke the license of any licensed dentist who shall permit any dental hygienist operating under his supervision to perform any operation other than that permitted under the provisions of this section, and they may also re- voke the license of any dental hygienist violating the provisions of this act. (Am'd by L. 1911, ch. 786 and L. 1916, ch. 129, in effect Sept. 1, 1916.) Degrees § 197. Degrees. No degree in dentistry shall be conferred in this state except the degree of doctor of dental surgery. Said degree shall not be conferred upon any one unless he shall after January first, nine- teen hundred and twenty-one, have satisfactorily com- pleted a course of at least four years in a registered dental school, and prior to that date a course of at least three years, or having been graduated in course from a registered medical school with the degree of doctor of medicine shall have pursued satisfactorily thereafter a course of special study of dentistry for at least two years in a registered dental school; nor shall said degree be conferred upon any one matriculating after January first, nineteen hundred and sixteen, unless prior to matriculation in the institution conferring this professional education, he shall have filed a re- gents' certificate that he had the minimum education required by the regents; provided, further, however, that the regents may confer upon all persons who shall have received the degree of master of dental surgery under the laws of this state, prior to March twenty- eighth, nineteen hundred and one, the degree of doc- tor of dental surgery in lieu of said master's degree. (Am'd by L. 1916, ch. 129, in effect Sept. 1, 1916.) Licenses § 198. Licenses. 1. On certification 'by the board of dental examiners that a candidate has successfully Dental Societies and the Practice of Dentistry 123 passed its examinations and is competent to practice dentistry, the regents shall issue to him their license so to practice pursuant to the rules established by them. On the recommendation of the board, the re- gents may also, without the examination hereinbefore provided for, issue their license to any applicant there- for who shall furnish proof satisfactory to them that he has been duly graduated from a registered dental school and has been thereafter lawfully and reputably engaged in such practice for six years next preceding his application; or who holds a license to practice dentis- try in any other state of the United States granted by a state board of dental examiners, indorsed by the dental society of the state of New York, provided, that in either case his preliminary and professional education shall have been not less than required in this state. Every license so issued shall state on its face the grounds on which it is granted and the appli- cant may be required to furnish his proof on affidavit. 2. Upon recommendation of the board, the regents may issue a permit to graduates from the dental colleges of this state to be employed in registered dental dispensaries, infirmaries and public institutions while under the direction or supervision of a licensed dentist in the interim between graduation and one year thereafter. This permit may be revoked for cause. No such permit shall be issued except such graduate has definite offer of a position in such dental dispensaries, infirmaries or public institutions. (Am'd by L. 1916, ch. 129, in effect Sept 1, 1916.) § 199. Registration. 1. Every person practicing den- Registra- tistry in this state and not lawfully registered before April seventeenth, eighteen hundred and ninety- six, shall register in the office of the clerk of the county where his place of business is located, in a book kept by the clerk for such purpose, his name, age, office and post- office address, date and number of his license to practice 124 The Public Health Manual dentistry and the date of such registration, which regis- tration he shall be entitled to make only upon showing to the county clerk his license or a duly authenticated copy thereof, and making an affidavit stating name, age, birthplace, the number of his license and the date of its issue; that he is the identical person named in the license; that before receiving the same he complied with all the preliminary requirements of this article and the rules of the regents and board as to the terms and the amount of study and examination; that no money, other than the fees prescribed by this article and said rules, was paid directly or indirectly for such license; and that no fraud, misrepresentation or mistake in a material regard was employed or occurred in order that such license should be conferred. The county clerk shall preserve such affidavit in a bound volume and shall issue to every licentiate duly registering and making such affidavit, a certificate of registration in his county, which shall include a transcript of the registration. Such transcript and the license may be offered as pre- sumptive evidence in all courts of the facts stated therein. The county clerk's fee for taking such regis- tration and affidavit and issuing such certificate, shall be one dollar. Any person who having lawfully regis- tered as aforesaid shall thereafter change his name in any lawful manner shall register the new name with marginal note of the former name; and shall note upon the margin of the former registration the fact of such change and a cross reference to the new registration. A county clerk who knowingly shall make or suffer to be made upon the book of registry of dentists kept in his office any other entry than is provided for in this article shall be liable to a penally of fifty dollars to be recovered by the State Dental Society in a suit in any court having jurisdiction. 2. A county clerk having properly issued a certificate of registration to a licensed dentist, shall forward a Dental Societies and the Practice of Dentistry 125 duly attested copy of the same, and a copy of the affidavit and evidence upon which said certificate was issued to the secretary of the board within thirty days of such initial registration of a duly licensed dentist. On or before the first of May of each year the secre- tary of the board shall mail to every dentist regis- tered in the state of New York a blank application for re-registration, addressing the same in accordance with the post-office address given at the last previous registration. Upon receipt of such application blank, which shall contain space for the insertion of his name, office and post-office address, date and num- ber of his license, and such other information as the regents deem necessary; and he shall sign and swear to the accuracy of the same before a notary public, after which he shall forward this sworn statement and application for renewal of his regis- tration certificate to the secretary of the board together with the fee of two dollars. Upon receipt of such application and fee, and having verified the accu- racy of the same by comparison with the applicant's initial registration statements the secretary of the board shall issue a certificate of registration which shall render the holder thereof a legal practitioner of dentistry for the ensuing year. These certificates of registration shall all bear date of September first of the year of issue, and shall expire on the thirty-first day of August in the year following. Applications for renewal of regis- tration therefore must be made on or before the first day of September of each year, and if not so made an additional fee of one dollar for each thirty days of delay beyond the first day of September and up to the first day of January, shall be added to the regular fee. On the first day of January of each year, or within ten days thereafter, the secretary of the board shall pub- lish and mail to every registered dentist in the state of New York a printed copy of the dental law and a 126 The Public Health Manual printed list of the legally registered dentists within the state, and each such published list shall contain at the beginning thereof these words : " Each registered dentist receiving this list is requested to report to the secretary of the board the name* and addresses of any dentists known to be practicing dentistry, whose names do not appear in this registry. The names of persons giving such information shall not be divulged." Should any dentist continue to practice dentistry beyond the first day of January, despite the fact that his name does not appear in the registry, he shall be counted as an illegal practitioner, and his license may be suspended or revoked by the regents, in accordance with the pro- visions of section two hundred and one. All practi- tioners of dentistry already registered in this state at the time of the passage of this act, shall make applica- tion to the secretary of the board for the re-registra- tion blank upon receipt of which he shall, in like man- ner already described, make application for re-registra- tion, fowarding to the secretary of the board the re- registration blank properly filled in and accompanied by the fee of two dollars. Said application and fee must reach the secretary on or before the first day of December following the adoption of this statute; fail- ing which the delinquent shall be dealt with as outlined in section two hundred and one. (Am'd by L. 1915, ch. 54 and L. 1916, ch. 129, in effect Sept 1, 1916.) Examina- § 200. Examination fees; expenses. Every applicant tion fees ^ QT ii cense £ practice dentistry shall pay a fee of not more than twenty-five dollars. All fees, fines, penalties and other moneys derived from the operation of this article shall be applied by the regents in the payment of all proper expenses incurred by them under its pro- Expenses visions, including the salary and expenses of the secre- tary of the board, the compensation and expenses of * So in original Dental Societies Ax\d the Practice of Dentistry 127 the members of such board, and all other expenses per- taining to the enforcement of the provisions of this arti- cle. All expenses of the state dental society incurred by them in the prosecution of illegal practitioners of dentistry shall be paid out of the first year's receipts, upon the indorsement of the auditing committee of the state dental society. (Am'd by L. 1916, ch. 129, in effect Sept 1, 1916.) § 201. Revocation of licenses. 1. If any practitioner Revoca- of dentistry should fail to register in time for the ap- ileuses pearance of his name in the published list of registered dentists, in accordance with the provisions of section one hundred and ninety-nine the regents shall notify said delinquent to appear before them at an appointed time and place, and if his explanation of his failure to have registered shall be satisfactory to the regents, he may be reinstated and his name added to the registry; and the regents may also at their option remit the additional fees accruing because of delay in registering. But should the delinquent's explanation prove unsatis- factory, the regents may suspend the person from the practice of dentistry for a limited season; or the re- gents may revoke the person's license. 2. If any practitioner of dentistry be charged under oath before the board, with unprofessional or immoral conduct, or with gross ignorance, or inefficiency in his jjrofession, or with fraud or deceit in procuring admis- sion to practice, the board shall notify him to appear before a committee of three of the board at an ap- pointed time and place, with counsel, if he so desires, to answer said charges, furnishing to him a copy there- of. Upon the report of the board to the regents that the accused has been guilty of unprofessional or im- moral conduct, or that he is grossly ignorant or in- efficient in his profession, or of fraud or deceit in pro- curing admission to practice, the regents may, without further hearing, suspend the person so charged from The Public Health Manual the practice of dentistry for a limited season, or may revoke his license. Upon the revocation of any license, the fact shall be noted upon the records of the regents and the license shall be marked as canceled, of the date of its revocation. Upon presentation of a certificate of such cancellation to the clerk of any county wherein the licentiate may be registered, said clerk shall note the date of the cancellation on the register of dentists and cancel the registration. A conviction of felony shall forfeit a license to practice dentistry, and upon presentation to the regents or a county clerk by any public officer or officer of a dental society of a certi- fied copy of a court record showing that a practitioner of dentistry has been convicted of felony, that fact shall be noted on the record of license and clerk's reg- ister, and the license and registration shall be marked " canceled." Any person who, after conviction of a felony shall practice dentistry in this state, shall be subject to all the penalties prescribed for the unlicensed practice of dentistry, providing that 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. (Am'd by L. 1916, ch. 129, in effect Sept 1, 1916.) § 202. Construction of this article. This article shall not be construed to prohibit an unlicensed person from performing merely mechanical work upon inert matter in a dental office or laboratory; or a student in an incorporated dental school or college, registered by the regents, from performing operations for purposes of clinical study under the supervision and instruction of preceptors; or a duly licensed physician from treat- ing diseases of the mouth or performing operations in oral surgery. But nothing in this article shall be con- strued to permit the performance of independent dental operations by an unlicensed person under cover of the Dental Societies and the Practice of Dentistry 129 name of a registered practitioner or in his office. (Am'd L. 1916, cli. 129, in effect Sept. 1, 1916.) § 203. Penalties and their collection. A. A person who, in any county of this state, practices dentistry, not being at the time of said practice a dentist licensed to practice as such in this state and registered in the office of the clerk of such county, pursuant to the gen- Penalties eral laws regulating the practice of dentistry, is guilty of a misdemeanor and punishable upon conviction of a first offense by a fine of not less than fifty dollars and upon conviction of a subsequent offense by a fine not less than one hundred dollars, or by imprisonment for not less than two months, or by both such fine and imprisonment. Any violation of this section by a per- son theretofore convicted under the then existing laws of this state of practicing dentistry without license or registration, shall be included in the term " a subsequent offense." Every conviction of unlawful practice subse- quent to a first conviction thereof shall be a conviction of a second offense. Every practitioner of dentistry must display conspicuously upon the house or in the dental office wherein he practices, his full name. If there are more dental chairs than one in any dental office the name of the practitioner practicing at each chair must be displayed conspicuously on or by said chair in plain sight of the patient. Any person who shall practice dentistry personally or by hiring or pro- curing another to practice and shall fail so to display or cause to be displayed the name, license and registra- tion certificate of himself and any person practicing or employed to practice as a dentist or dental hygienist in his dental office or any dental office under his con- trol, shall be guilty of a misdemeanor and punishable upon a first conviction by a fine of not less than fifty dollars or more than five hundred dollars or by im- prisonment for not more than one year, and upon every subsequent conviction by a fine of not less than one hun- 5 130 The Public Health Manual dred dollars, or by imprisonment for not less than sixty days, or by both fine and imprisonment. Any person who shall employ, hire, procure, or induce one who is not duly licensed and registered as a dentist to practice dentistry, or shall aid or abet one not so licensed and registered in such practice shall be guilty of a misdemeanor and punishable by a fine of not less than fifty dollars or more than five hundred dollars, or by imprisonment for not more than a year, or by both such fine and imprisonment; providing that a person practiced upon by an unlicensed or unregistered dentist shall not be deemed an accomplice, employer, hirer, procurer, inducer, aider, or abettor within the meaning of this section. B. A person shall be deemed guilty of a misdemeanor, and upon every conviction thereof shall be punished by a fine of not less than two hundred and fifty dollars, or by imprisonment for not less than six months, or by both fine and imprisonment, who 1. Shall sell or barter or offer to sell or barter, or, not being lawfully authorized so to do, shall issue or confer or offer to issue or confer any dental degree, license or any diploma or document conferring or pur- porting to confer any dental degree or license or any certificate or transcript made or purporting to be made pursuant to the laws regulating the license and regis- tration of dentists; or 2. Shall purchase or procure by barter any diploma, certificate or transcript, with intent that the . same shall be used as evidence of the qualifications to prac- tice dentistry of any person other than the one upon or to whom it was lawfully conferred or issued or in fraud of the laws regulating such practice; or, 3. Shall use or attempt to use any diploma, certifi- cate or transcript which has been purchased, fraudu- lently issued, counterfeited or materially altered either Dental Societies and the Pkactice of Dentistry 131 as a license or color of license to practice dentistry or in order to procure registration as a dentist; or, . 4. Shall practice dentistry under a false or assumed name or under the license of registration of another person of the same name or under the name of a cor- poration, company, association, parlor or trade name; provided that legally incorporated dental corporations existing and in operation prior to January first, nine- teen hundred and sixteen, may continue so operating while conforming to the provisions of this act. Their advertising subject to the rules of the regents, and employees of said corporations shall be licensed and registered dentists, and corporations that cease to exist or operate for any reason whatsoever shall not be per- mitted to resume operation; or, 5. Shall assume the degree of bachelor of dental surg- ery, doctor of dental surgery, or master of dental surg- ery, or shall append the letters B.D.S., D.D.S., M.D.S., D. M. D., to his name, or make use of the same or shall prefix to his name the title doctor or any abbreviation thereof, not having had duly conferred upon him by diploma from some college, school or board of examin- ers legally empowered to confer the same, the right to assume said titles; or shall assume any title or append or prefix any letters to his name with the intent to represent falsely that he has received a medical or dental degree or license; or shall represent that, not having been licensed to practice dentistry under the laws of this state, he is entitled so to practice; pro- vided that any licentiate may use the prefix to his name of " doctor " or " Dr."' ; or, 6. Shall falsely personate another at any examination held by the regents or by the board, of the preliminary x or professional education of candidates for dental stu- dent's certificates, dental degrees or licenses, or who shall induce another to make or aid and abet in the making of such false personation, or who shall know- 132 The Public Health Manual ingly avail himself of the benefit of such false per- sonation, or who shall knowingly or negligently make or induce another to make falsely any certificate required by the regents or board in connection with their examinations. C. Any person who in any affidavit or examination required of an applicant for examination, license or registration under the laws regulating the practice of dentistry, or under the laws, ordinances or regulation governing the regents' examinations of the preliminary education required for a dental student's certificate shall make wilfully a false statement in a material regard shall be guilty of perjury, and punishable upon conviction thereof by imprisonment not exceeding ten years. D. All courts of special sessions and police justices sitting as courts of special sessions shall have juris- diction in the first instance to hear and determine all charges of misdemeanors mentioned in this article com- mitted within their local jurisdiction, and to impose all the penalties provided for such misdemeanors; a judgment that the defendant pay a fine shall also direct that he be imprisoned until the fine be paid, specifying the extent of the imprisonment, which cannot exceed one day for every dollar of the fine imposed; provided, how- ever, that the power of said courts and justices to hear and determine such charges shall be divested, if before the commencement of a trial before such court or jus- tice, a grand jury shall present an indictment against the accused person for the same offense, or if a justice of the supreme court or a county judge of the county shall grant a certificate in the manner provided by law in cases of misdemeanor, that it is reasonable that such charge be prosecuted by indictment. Any misdemeanor mentioned in this article for which a punishment is not specifically imposed shall be punished by a fine of not more than five hundred dollars or by imprisonment for Dental Societies and the Practice of Dentistry 133 not more than one year, or by both fine and imprison- ment. Any person who shall violate any of the pro- visions of this article shall be subject to a penalty of one hundred dollars for each and every violation. Each act constituting a violation of this article shall be deemed to be a separate act, and the . person guilty thereof shall be subject to a penalty of one hundred dollars for each such act. Where a violation consists of the unlawful practice of dentistry by a person, each day during which such unlawful practice continues shall constitute a separate violation and shall be subject to such penalty. Such penalties shall be recovered in* an action brought therefor by the attorney-general in the supreme court in the county where the violation or any part thereof occurred. The provisions of the code of civil procedure and other laws relative to the recovery of penalties shall apply to actions brought for the recovery of penalties under this act. If judgment shall be recovered in an action brought for the recovery of such penalties, it shall be enforced by execution against the property and person of the judgment debtor, in the manner provided in the code of civil procedure. A right of action for the recovery of a penalty under this act may be settled or compromised by the attorney- general, either before or after proceedings are brought to recover such penalty and prior to the entry of judg- ment therefor. The penalties hereby imposed for a violation of the provisions of this article shall not in any way affect the liability of a person to punishment for a violation of this article upon prosecution therefor in a court of criminal jurisdiction. All prosecutions under this act shall be by the attorney-general in the name of the people of the state and all fines may be paid to the board or sued for and recovered in the name of the people of the state in an action brought therefor by the attorney-general. (Am'd by L. 1917, ch. 507, in effect May 16, 1917.) 134 The Public Health Manual E. All violations of this act when reported to the regents and duly substantiated by affidavits or other satisfactory evidence shall be investigated and if the report is found to be true and the evidence substanti- ated the regents shall report such violations to the attor- ney-general and request prompt prosecution, The re- gents may appoint such inspectors as are necessary to be paid from the funds received under this act at such salaries as they may determine for the purpose of the investigation of such violations. (Am'd by L. 1916, ch. 129, in effect Sept. 1, 1916.) ARTICLE X Veterinary medicine and surgery Section 210. Definitions. 211. Qualifications for practice. 212. State board of veterinary medical exam- iners, 213. Certificate of appointment; oath; powers. 214. Expenses. 215. Officers; meetings; quorum; committees. 216. Admission to examination. 217. Questions. 218. Examinations and reports. 219. Licenses. 220. Eegistry. 221. Registration in another county. 222. Certificate presumptive evidence; unauthor- ized registration and license prohibited. 223. Construction of this article. 224. Penalties and their collection. Defini- § 210. Definitions. As used in this article: tions 1. "University" means university of the state vf New York. 2. "Regents" means board of regents of the uni- versity of the state of New York. Veterinary Medicine and Surgery 135 3. "Board" means a board of veterinary medicar ex- aminers of the state of New York. 4. " Veterinary medical examiner " means a member of a board of veterinary medical examiners of the state of New York. 5. " Veterinary school " means any veterinary school, college or department of a university, registered by the regents as maintaining a proper veterinary medical standard and as legally incorporated. 6. The practice of veterinary medicine is defined as veterinary * follows : A person practices veterinary medicine within medicine , . •- j defined . the meaning of this article, except as hereinafter stated, who holds himself out as being able to diagnose, treat, operate, or prescribe for any animal disease, pain, injury, deformity or physical condition, and who shall either offer or undertake, by any means or methods, to diagnose, treat, operate or prescribe for any animal dis- ease, pain, injury, deformity or physical condition. 7. " Veterinarian " means a practitioner of veterinary ,, Veterl . medicine. (Am'd by L. 1917, ch. 648, in effect May narian " 24, 1917.) defmed § 211. Qualifications for practice. No person shall Qualifica- practice veterinary medicine after July first, eighteen tions for hundred and ninety -five, unless previously registered and prac lce legally authorized, unless licensed by the regents and registered as required by this article; nor shall any person practice veterinary medicine who has ever been convicted of a felony by any court, or whose authority to practice is suspended or revoked by the regents on recommendation of the state board. Any per- son, a citizen of the United States and of the state of New York, who matriculated in a reputable veteri- nary medical school prior to January first, eighteen hundred and ninety-five, and who received his degree therefrom prior to January first, eighteen hundred and ninety-seven, or any person who was engaged in the 36 The Public Health Manual of State board veteri- nary medical examiners practice of veterinary medicine prior to the year eigh- teen hundred and eighty-six, shall be admitted to the veterinary examination for license to practice, as con- ducted by the regents of the university of the state of New York. § 212. State board of veterinary medical examiners. There shall be a board of veterinary medical examiners of five members, each of whom shall hold office for five years from August first of the year in which ap- pointed. Beginning with August first, nineteen hun- dred and fifteen, the board shall be so appointed that the term of one member shall expire each year. The New York state veterinary medical society shall at each annual meeting nominate five examiners, The names of such nominees shall be annually trans- mitted under seal by the president and secretary prior to May first, to the regents who shall, prior to August first, appoint from such lists the examiners required to fill any vacancies that will occur from expiration of term on July thirty-first. Any other vacancy, however occurring, shall likewise be filled by the regents for the unexpired term. Each nominee before appointment, shall furnish to the regents proof that he has received a degree in veterinary medicine from a registered veteri- nary medical school and that he has legally practiced veterinary medicine in this state for at least five years. If no nominees are legally before them from the society, the regents may appoint from members in good standing in the veterinary profession without restriction. The regents may remove any examiner for misconduct, inca- pacity or neglect of duty. (Am'd by L. 1915, ch. 381, in effect April 26, 1915.) certin- § 213. Certificate of appointment; oath; powers, appoint Every veterinary medical examiner shall receive a cer- ment; oath tificate of appointment from the regents, and before beginning his term of office shall file with the secretary of state the constitutional oath of office. The board, Veterinary Medicine and (Surgery 137 or any committee thereof, may take testimony and proofs concerning all matters within its jurisdiction. The board may, subject to the regents' approval, make powers all by-laws and rules not inconsistent with law needed in performing its duties, but no by-laws or rules by which more than a majority vote is required for any specified action by the board shall be amended, sus- pended or repealed by a smaller vote than that required for the action thereunder. § 214. Expenses. From the fees provided by this arti- Expenses cle the regents may pay all proper expenses incurred by its provisions, except compensation to veterinary medi- cal examiners, and any surplus at the end of the aca- demic year shall be apportioned among the members of the board pro rata according to the number of candi- dates whose answer papers have been marked by each. § 215. Officers; meetings; quorum; committees. The officers board shall annually elect from its members a president and secretary for the academic year, and shall hold one or more meetings each year pursuant to the call of the regents. At any meeting a majority shall constitute a Meetings; quorum; but questions prepared by the board may be quorum grouped and edited, or answer papers of candidates may com- be examined and marked by committees duly authorized mittees by the board and by the regents. § 218. Admission to examination. The regents shall Admis- sion to admit to examination any candidate who pays a fee of examina- ten dollars and submits satisfactory evidence, verified tlon by oath if required, that he (first) is more than twenty- one years of ag«e; (second) is of good, moral character; (third) has the general education required in all cases after July first, eighteen hundred and ninety-seven, pre- liminary to receiving a degree in veterinary medicine; (fourth) has studied veterinary medicine not less than three full years, including three satisfactory courses, in three different academic years, in the veterinary medical school registered as maintaining at the time a satisfac- 138 The Public Health Manual Questions Examina- tions tory standard; (fifth) has received a degree as veteri- narian from some registered veterinary medical school. The degree in veterinary medicine shall not be conferred in this state before the candidate has filed with the institution conferring it, the certificate of the regents that three years before the date of the degree, or before or during his first year of veterinary medical study in this state, he has either graduated from a registered college or satisfactorily completed an academic course in a registered academy. or high school; or has a prelimi- nary education considered and accepted by the regents as fully equivalent; or has passed regents' examina- tions equivalent to the minimum requirement in such preliminary education for candidates for medical or dental degrees in this state. The regents may, in their discretion, accept as the equivalent for any part of the third and fourth requirement, evidence of five or more years' reputable practice in veterinary medicine, pro- vided that such substitution be specified in the license. The regents may also, in their discretion, admit to the examination graduates of duly incorporated veterinary schools, who matriculated in such schools prior to nine- teen hundred and ten, provided such graduates are now and have been for at least five years, residents of this state. (Am'd by L. 1917, ch. 648, in effect May 24, 1917.) § 217. Questions. Each member of the board shall submit to the regents, as required, lists of suitable ques- tions for thorough examination in comparative anatomy, physiology and hygiene, in chemistry, and in veterinary surgery, obstetrics, pathology and diagnosis and thera- peutics, including practice and materia medica. From these lists the regents shall prepare question papers for all these subjects, which at any examination shall be the same for all candidates. § 218. Examinations and reports. Examination for license shall be given in at least four convenient places Veterinary Medicine and Surgery 139 in this state and at least four times annually, in accord- ance with the regents' rules, and shall be exclusively in writing and in English. Each examination shall be conducted by a regents' examiner, who shall not be one of the veterinary medical examiners. At the close of each examination, the regents' examiner in charge shall deliver the questions and answer papers to the board, 'Reports or to its duly authorized committee, and such board, without unnecessary delay, shall examine and mark the answer3 and transmit to the regents an official report, signed by its president and secretary, stating the standing of each candidate in each branch, his gen- eral average and whether the board recommends that a license be granted. Such report shall include the questions and answers and shall be filed in the public records of the university. If a candidate fails on his first examination, he may, after not less than six months' further study, have a second examination with- out fee. If the failure is from illness or other cause satisfactory to the regents, they may waive the required six months' study. § 219. Licenses. On receiving from the state board Licenses an official report that an applicant has successfully passed the examination and is recommended for license, the regents shall issue to him if in their judgment he is duly qualified therefor, a license to practice veteri- nary medicine. Every license shall be issued by the university under seal and shall be signed by each act- ing veterinary medical examiner of the board and by the officer of the university who approved the credential which admitted the candidate to examination, and shall state that the licensee has given satisfactory evidence of fitness as to age, character, preliminary and vet- erinary medical education and all other matters re- quired by law, and that after full examination he has been found duly qualified to practice. Applicants exam- ined and licensed before Tuly first, eighteen hundred and 140 ' The Public Health Manual ninety- seven, by other state examining boards regis- tered by the regents as maintaining standards not lower than those provided by this article, and appli- cants who matriculated in a New York state veterinary medical school before July first, eighteen hundred and ninety-six, and who received the veterinary degree from a registered veterinary medical school before July first, eighteen hundred and ninety- seven, may without further examination, on payment of ten dollars to the regents, and on submitting such evidence as they may require, receive from them an indorsement of their licenses or diplomas conferring all rights and privileges of a regents' license issued after examination. If any person, whose registration is not legal or who is not registered, because of some error, misunderstanding or unintentional omission, shall submit to the state board of veterinary medical examiners or the regents of the university of the state of New York, satisfactory proof that he had all requirements prescribed by law at the time required for registration and was entitled to be legally registered, he may, on recommendation of the state board of veterinary medical examiners, by action of the board of regents, receive from the regents under seal a certificate of the facts which may be registered by any county clerk and shall make valid the previous imperfect registration, and such cer- tificate shall include the date on which such person could or should have registered, and his registration shall be deemed to have been valid and corrected from that date. And any veterinary practitioner in any county of this state who was registered in the county clerk's office between July first, eighteen hundred and ninety-five, and July first, nineteen hundred and fifteen, may, upon satisfactory evidence of such registration and of qualification to practice, and upon written appli- cation, receive from the board of regents a certificate of facts which may be registered in the office of the Veterinary Medicine and Surgery 141 county clerk where such practitioner was registered, and thus make valid his previous imperfect registration. Before any license is issued it shall be numbered and recorded in a book kept in the regents' office and its number shall be noted in the license. This record shall be open to public inspection, and in all legal proceed- ings shall have the same .weight as evidence that is given to a record of conveyance of land. (Am'd by L. 1912, ch. 178, L. 1916, ch. 505, and L. 1917, ch. 648, in effect May 24, 1917.) § 220. Registry. Every license to practice veterin- Registry ary medicine shall, before the licensee begins practice thereunder, be registered in a book .to be known as the " Veterinary Medical Register/' which shall be provided by and kept in the clerk's office of the county where such practice is to be carried on, with name, residence, place and date of birth, and source, number and date of his license to practice. Before registering, each licensee shall file, to be kept in a bound volume in the county clerk's office, an affidavit of the above facts, and also that he is the person named in such license, and had, before receiving the same, complied with all requisites as to attendance, terms and amount of study and examination required by law and the rules of the university as preliminary to the conferment thereof, and no money was paid for such license, except the regular fees, paid by all applicants therefor; that no fraud, misrepresentation or mistake in any material regard was employed by any one or incurred in order that such license should be conferred, and shall annually in the month of January report, under oath, to the state board of examiners, any facts required by the board, shall pay to the regents a registration fee of one dollar, and shall receive a certificate of registration that must be conspicuously displayed together with the original certificate of registration. Every license, or if lost, a copy thereof, legally certified so as to be 142 The Public Health Manual admissible as evidence, or a duly attested transcript of the record of its conferment, shall, before registering, be exhibited to the county clerk, who, only in case it was issued or indorsed as a license under seal by the regents, shall indorse or stamp on it the date and his name preceded by the words, " Registered as authority to practice veterinary medicine, in the clerk's office of county." The clerk shall thereupon give to every veterinarian so registered a transcript of the entries in the register, with a certificate under seal that he has filed the prescribed affidavit. The licensee shall pay to the county clerk a total fee of one dollar for registration, affidavit and certificate. (Am'd by L. 1915, ch. 381, in effect April 26, 1915.) Registra- § 221. Registration in another county. A practicing tion in veterinarian having registered a lawful authority to county practice veterinary medicine in one county, and remov- ing such practice or part thereof to another county, or regularly engaging in practice or opening an office in another county, or shall have his office, practice or any part thereof removed from one county to another by an act of legislature creating a new county from a then existing county, thereby causing his office or prac- tice to be situated in a new county, shall show or send by registered mail to the clerk of such other or new county, his certificate of registration. If such certifi- cate clearly shows that the original registration was of an authority issued under seal by the regents, or if the certificate itself is indorsed by the regents a^ entitled to registration, the clerk shall thereupon reg- ister the applicant in the latter or new county, on re- ceipt of a fee of twenty-five cents, and shall stamp or indorse on such certificate the date, and his name. preceded by the words " registered also in county." and return the certificate to the applicant (Am'd by L. 1915, ch. 52, in effect March 11, 1915.) Veterinary Medicine and Surgery 143 § 222. Certificate presumptive evidence; unauthorized registration and license *prohibitd. Every unrevoked certificate and indorsement of registry, made as provided in this article, shall be presumptive evidence in all courts and places that the person named therein is legally registered. Hereafter no person shall register unau- any authority to practice veterinary medicine unless it regfctra- has been issued or indorsed as a license by the regents. tiorL and " ° license pro- No diploma or license conferred on a person not actually Mbited in attendance at the lectures, instructions and examina- tions of the school conferring the same, or not possessed at the time of its conferment ,of the requirements then demanded of veterinary medical students in this state as a condition of their being licensed so to practice, and no registration not in accordance with this article shall be a lawful authority to practice veterinary medicine nor shall the degree of doctor of veterinary medicine be conferred causa honoris or ad eundem, nor if pre- viously conferred shall it be a qualification for such practice. § 223. Construction of this article. This article shall construc- not be construed to affect commissioned veterinary medi- article^ cal officers serving in the United States army, or in the United States bureau of animal industry while so commissioned; or any person for giving gratuitous services in case of emergency; or any lawfully qualified veterinarian in other states or countries meeting legally registered veterinarians in this state in consultation; or any veterinarian residing on a border of a neighbor- ing state and duly authorized under the laws thereof to practice veterinary medicine therein, whose practice extends into this state, and who does not open an office or appoint a place to meet patients or receive calls within this state; or any veterinarian duly registered in one county called to attend isolated cases in another So in original 144 The Public Health Manual county, but not residing or habitually practicing therein. This article shall be construed to repeal all acts or parts of acts authorizing conferment of any degree in veterinary medicine, causa honoris or ad eundem, or otherwise, than on students duly graduated after satis- factory completion of a preliminary and veterinary medical course, not less than that required by this article, as a condition of license. Nor shall anyone use the abbreviations, V.S., D.V.S., or D'.V.M., or doctor of veterinary surgery, or doctor of veterinary medicine unless he has been duly graduated from a legally incor- porated veterinary school. (Am'd by L. 1917, ch. 648, in effect May 24, 1917.)' § 224. Penalties and their collection. Every person who shall practice veterinary medicine within the state without lawful registration or in violation of any pro- vision of this article shall be guilty of a misdemeanor, and shall forfeit to the people of the state of New York, the sum of fifty dollars for each offense, which may be paid to the board or sued for and recovered in the name of the people of the state of New York in an action Penalties brought therefor by the attorney-general. Any person who shall practice veterinary medicine under a false or assumed name or who shall falsely personate another practitioner of a like or different name, shall be guilty of a felony; and any person guilty of violating any of the other provisions of this article, not otherwise specifically punished herein, or who shall buy, sell or fraudulently obtain any veterinary medical diploma, license, record or registration, or who shall aid or abet such buying, selling or fraudulently obtaining, or who shall practice veterinary medicine under the cover of a diploma, or license illegally obtained, or signed or issued unlawfully or under fraudulent representation, or mis- take of fact in material regard, or who, after conviction of a felony, shall attempt to practice veterinary medi- cine, and any person who shall, without having been Veterinary Medicine and Surgery 145 authorized so to do legally, append any veterinary title to his or her name, or shall assume or advertise any veterinary title in such a manner as to convey the im- pression that he is a lawful practitioner of veterinary medicine or any of its branches, shall be guilty of a misdemeanor. Any person who shall violate any of the provisions of this article shall be subject to a penalty of one hundred dollars for each and every violation. Each act constituting a violation of this article shall be deemed to be a separate act, and the person guilty thereof shall be subject to a penalty of one hundred dollars for each such act. Where a violation consists of the unlawful practice of veterinary medicine by a person, each day during which such unlawful practice continues .shall constitute a separate violation and shall be subject to such penalty. Such penalties shall be recovered in an action brought therefor by the attorney- general in the supreme court in the county where the violation or any part thereof occurred. The provisions of the code of civil procedure and other laws relative to the recovery or* penalties shall apply to actions brought for the recovery of penalties under this act. If judgment shall be recovered in an action brought for the recovery of such penalties, it shall be enforced by execution against the property and person of the judgment debtor, in the manner provided in the code of civil procedure. A right of action for the recovery of a penalty under this act may be settled or compromised by the attorney- general, either before or after proceedings are brought to recover such penalty and prior to the entry of judg- ment therefor. The penalties hereby imposed for a violation of the provisions of. this article shall not in any way affect the liability of a person to punishment for a violation of this article upon prosecution there- for in a court of criminal jurisdiction. (Am'd by L. * So in original 146 The Public Health Manual 1915, ch. 381, and L. 1917, ch. 648, in effect May 24, 1917.) ARTICLE XI. Pharmacy f Section 230. Definitions. Pharmacy 231. State board of pharmacy; appointments; nominations; examiners; secretary; ex- penses. 232. Powers and duties of the board; records; employees. 233. Licenses; certificates; examinations; rules. 234. Pharmacies; drug stores; stores. 235. Apprentices and employees. 236. Working hours and sleeping apartments, pharmacy or drug store. 236-a. Working hours and sleeping apartments, grocery Or provision store. 237. Adulterating; misbranding and substitut- ing. 238. Poison schedules; register; opium and other prescriptions. 239. Construction of article; temporary permits. 240. Revocation of license; misdemeanors; vio- lations and penalties. 240a. Proof required in prosecuting for certain violations. 241. Schedules A, B and C. Defini- tions § 230. Definitions. As used in this article: 1. "Asso- ciation " means the New York state pharmaceutical association. 2. " Board " when not otherwise limited, means the New York state board of pharmacy. 3. " Chemicals " when not otherwise limited, means the chemical materials of medicine. t Penalty for violation, Penal Law, § 1744, p. 521 Pharmacy 147 4. " Council " means the New York state pharmaceu- tical council with a secretary and at least one represen- tative from each school of the state appointed by the regents for a period of five years. 5. " Commissioner " means the commissioner of edu- cation of the state of New York ; " Department," the education department of the state of New York ; " Uni- versity," the university of the state of New York; " Regents," the board of regents of the university of the state of New York as provided by the education law. 6. " Drugs," where not otherwise limited, means all substances used as medicines or in the preparation of medicines. " Crude Drugs " means drugs that have not been changed by manufacture except by desiccation or comminution. 7. " Examiner " means a member of the state board of pharmacy. 8. " Formulary " means the latest edition of the national formulary. 9. " Medicine," where not otherwise limited, means a drug or preparation of drugs in suitable form for use as a curative or remedial substance. 10. " Pharmacy," where not otherwise limited, means the place registered by the board in which drugs, chemi- cals, medicines, prescriptions or poisons are compounded, dispensed or retailed. 11. "Pharmacology" is the science that treats of drugs and medicines; their nature, preparation, admin- istration and effect. 12. " Pharmacopoeia," when not otherwise limited, means the latest edition of the pharmacopoeia of the United States of America. 13. " Physician " means a practitioner of medicine as denned by article eight of this chapter ; " Dentist " means a practitioner of dentistry as denned by article nine, and " Veterinarian," means a practitioner of veteri- nary medicine as denned by article ten. 148 The Public Health Manual State board of pharmacy Appoint- ments 14. " Poisons," where not otherwise limited, means any drug, chemical, medicine or preparation liable to be destructive to adult human life in quantities of sixty grains or less. 15. " Rules," where not otherwise limited, means the rules of the board approved by the regents. 16. " School " means any college or school of phar- macy, or the department of pharmacy of a university, whatever the corporate title, registered by the regents as maintaining a proper educational standard and legally incorporated. 17. " Secretary " means the secretary of the state board of pharmacy. 18. "Syllabus" means the latest edition of' the sylla- bus adopted by the board. (Am'd by L. 1910, ch. 422, in effect Aug. 1, 1910.) § 231. State board of pharmacy; appointments; nomi- nations; examiners; secretary; expenses. The state board of pharmacy in office when this section takes effect shall remain in office until August first, nineteen hundred and ten. On and after that date such board shall consist of nine examiners, four of whom shall be residents of the city of New York. At the annual meet- ing of the association held in nineteen hundred and ten there shall be twenty-five licensed pharmacists nomi- nated by ballot whose names shall be submitted to the regents, immediately thereafter. Appointments. From the number thus submitted or from the other licensed pharmacists of the state the regents may appoint nine persons, who shall constitute the board of pharmacy, whose term of office shall begin on August first, nineteen hundred and ten, three of whom shall hold office for a term of one year, three for a term of two years and three for a term of three years. The successors of the members, whose terms of office have expired, shall be appointed, as hereinafter provided, for a term of three years. A vacancy in the Pharmacy 149 office of any member, caused otherwise than by expira- tion of term, shall be filled by the regents for the unexpired term of such member. Nominations. Thereafter, at each annual meeting of Nomina- the association, nine licensed pharmacists shall be nomi- 10ns nated by ballot, whose names shall be submitted to the regents in writing under the seal of the association by the president and secretary thereof, promptly after the adjournment of such meeting. From the number thus submitted or from the other licensed pharmacists of the state the regents may appoint three persons to succeed the members whose terms of office expire on the follow- ing July thirty-first. Examiners. No person shall be appointed as an exam- ex- iner unless he is a licensed pharmacist, and has legally aminers practiced as such for at least ten years in this state. Each of the candidates shall present proof of such qualifications to the regents. The regents may remove any examiner for misconduct, incapacity or neglect of duty. Each examiner shall receive a certificate, of appointment from the regents, and before beginning his term of office shall take and file with the secretary of state the constitutional oath of office. The board or any committee thereof may employ counsel, may compel the attendance of witnesses, and may take testimony and proofs concerning all matters within its jurisdiction. The board shall make such rules approved by the regents not inconsistent with the law, as may be necessary for the proper performance of its duty, but no rule by which more than a majority vote is required for any specific action by the board shall be amended, suspended, or repealed by a smaller vote than that required for action thereunder. Secretary. The secretary shall be a licensed pharma- Secretary cist who has legally practiced as a pharmacist for at least ten years in this state. He shall be appointed by the regents, shall hold office during their pleasure and 150 The Public Health Manual shall receive an annual salary of three thousand dollars, payable from the moneys received under this article. He shall be the executive officer of the board and shall have such powers and shall perform such duties as are prescribed by the rules. The secretary in office when this article takes effect shall continue in office until his successor has been appointed as above provided. Expenses Expenses. All fees, fines, penalties and other moneys derived from the operation of this article shall be paid into the state treasury and the legislature shall annu- ally appropriate for the department an amount suffi- cient to pay all proper expenses incurred pursuant to this article. All funds in the custody of the state board of pharmacy when this act takes effect shall be immediately turned over to the department and shall be available for the payment of all proper expenses of the board, until an appropriation is made by the legis- lature as above provided. When such appropriation is so made the unexpended balance of the funds so turned over to the department shall be paid into the state treasury, to be expended as in the case of other moneys derived from the operation of this article. (Am'd by L. 1910, ch. 422, reenacted by L. 1915, ch. 502, in effect May 3, 1915.) § 232. Powers and duties of the board; records; em- ployees. Prior to October first the board shall annually elect from its members a president and a vice-president for the academic year, and shall hold one or more meet- ings each year. At any meeting a majority shall con- stitute a quorum; but questions prepared by the board may be grouped and edited, or answer papers of candi- dates may be examined and marked by committees duly authorized by the board and approved by the regents. The board shall have power: Powers ( a ) To regulate the practice of pharmacology. (b) To regulate the sale of drugs, chemicals, medi- cines and poisons. Meetings Pharmacy 151 (c) To regulate the employment of apprentices and employees in pharmacies. (d) To regulate the working hours and sleeping apartments of employees in pharmacies. (e) To regulate and control the character and stand- ard of drugs and medicines compounded and dispensed in the state, to employ inspectors and chemists, to secure samples and to prevent the sale of such drugs, chemicals, medicines and poisons as do not conform to the formulae, standards and tests of the pharmacopoeia and formulary. (f) To regulate the retailing of poisons and to adopt schedules. (g) To issue temporary permits limited to definite areas. (h) To investigate alleged violations of the provi- sions of this article, to conduct hearings in respect thereto when, in its discretion, it appears to be neces- sary, and to bring the same to the notice of the attor- ney-general. Kecords. It shall be the duty of the board in its Records rooms provided by the regents to preserve a record of all licenses and certificates which shall be open to public inspection and shall have in all legal proceedings the same weight as evidence that is given to a record of conveyance of lands. It shall render annually to the regents and the association a report of all its proceed- ings during, the preceding year. Books, records, papers and properties of the state board of pharmacy and of each branch thereof abolished by this act shall on or before August tenth, nineteen hundred and ten, be transferred to the state board of pharmacy, organized under and in pursuance of the pro- visions of this act and shall be preserved by the board. Enrplovees. The clerks, stenographers, inspectors and Em- . ~5 ployees employees of the state board of pharmacy in office when this act takes effect shall be transferred to the depart- 152 The Public Health Manual ment. The rules of the board, made as hereinbefore pro- vided, shall specify the number of clerks, stenographers, inspectors and employees, necessary to carry out the provisions of this article. The clerks, stenographers, in- spectors and employees transferred to the department as above provided, or hereafter employed, shall be subject to the same rules as to appointment and service as the other employees of the department. (Am"d by L. 1910, ch. 422, in effect Aug. 1, 1910.) § 233. Licenses; certificates; examinations; rules. Satisfactory evidence verified by oath shall be required by the regents of all candidates for admission to the examinations. Pharmacist. They shall admit to the examination for pharmacist any candidate that pays a fee of ten dollars and Pharma- !• I s more than twenty-one years of age. cist 2. Is of good moral character. 3. Had prior to January first, nineteen hundred and eighteen, fifteen academic counts, or the equivalent, before beginning the first year of study in the school, and after that date had thirty academic counts, or the equivalent, before beginning such study. 4. Had studied pharmacology as outlined in the syl- labus not less than two years in a school. 5. Has either received the diploma of graduate in pharmacy or equivalent degree from a school, or a license conferring the full right to practice pharma- cology in some foreign country registered as meeting the minimum requirements of this article. The di- ploma of graduate in pharmacy or equivalent degree shall not be conferred on any one that did not file with the school at matriculation the pharmacy student cer- tificate required above. 6. Has had four years' experience in a registered pharmacy or drug store, under the personal super- vision of a pharmacist or druggist, one year of which Phaemacy 153 experience within five years of the date of application must have been in a pharmacy or drug store of the United States. Junior pharmacist. They shall admit to the examina- tion for junior pharmacist any candidate that pays a fee of ten dollars and 1. Is more than nineteen years of age. 2. Is of good moral character. 3. Had prior to January first, nineteen hundred and eighteen, fifteen academic counts, or the equivalent, before beginning the first yefar of study in the school, and after that date had thirty academic counts, or the equivalent, before beginning such study. 4. Has studied pharmacology as outlined in the syllabus not less than two years in a school. 5. Has received the diploma of graduate in pharmacy from a school. 6. Has had two years' experience in a registered pharmacy or drug store under the personal supervision of a pharmacist or druggist, all -A which experience must have been in a pharmacy or drug store in Xew York state. Druggist. They shall admit to the examination for Druggist druggist any candidate that pays a fee of five dollars and 1. Is more than eighteen years of age. 2. Is of good moral character. 3. Has the preliminary and professional education required by the rules. 4. Has had three years' experience in a registered pharmacy or drug store under the personal supervision of a pharmacist or druggist, one year of which exper- ience within five years of the date of application must have been in a pharmacy or drug store of the United States. Examinations. The board shall submit to the regents E xamina- as required suitable questions for thorough examination tions The Public -Health Manual in pharmacology", both written and practical, as out- lined in the syllabus. From these questions the secretary shall prepare question papers in accordance with the rules which at any examination shall be the same for all candidates. Examinations for license shall be given in at least three convenient places in the state and at least four times annually in accordance with the rules. The practical examinations shall be conducted by the exam- iners, the written by the regents. On receiving from the board an official report that an applicant has suc- cessfully passed the examinations and is recommended for license, the regents shall issue to him a license to practice according to the qualifications of the applicant. Every license shall be issued by the regents under seal and shall be signed by the commissioner, each examiner and by the secretary. Every certificate shall be issued by the board subject to rule and shall be signed by the secretary. Applicants examined and licensed by other state examining boards registered by the regents as maintaining standards not lower than those provided by this article may without further examination, on payment of twenty-five dollars to the regents and on submitting such evidence as they may require receive from them an endorsement of their licenses or diplo- mas conferring all rights and privileges of a regents' license after examination. Before any license or certificate is issued it shall be numbered and properly recorded and its number shall be noted in the license or certificate. The regents on the recommendation of the board may revoke a license or annul a certificate, for cause. The questions for examination for licensed pharmacist and junior licensed pharmacist shall be identical. An applicant for examination for junior licensed phar- macist shall be eligible to take the examination in theoretical subjects only. Such applicants may, subject Phasmacy 155 to the rules of the board, upon completing four years' actual experience in a pharmacy or drug store, provided such applicant is over twenty-one years of age, be admitted to the examination in practical pharmacy, and if successful, the board shall grant such applicant a pharmacist's license. Rules. The rules of the board and of the regents Rules affecting examination, registration and administration continue in force until revised by the board and approved by the regents. The board shall make rules subject to the approval of the regents: 1. For the certification and registration of appren- tices and storekeepers. 2. For the surrendering of licenses, issued prior to January first, nineteen hundred and one. 3. For the acceptance of licenses from other licensing boards issued prior to January, nineteen hundred and five, in lieu of a diploma. 4. For the accomplishment of the trusts reposed in them by this article and by any other law of the state. All licenses and certificates of examination, • issued to licensees by former boards of pharmacy, shall be in full force and effect in perpetuity for the section of the state for which they were issued, and all certifi- cates of registration issued during nineteen hundred and ten shall be valid until January first, nineteen hundred and eleven. (Am'd by L. 1910, ch; 422; L. 1915, ch. 502, L. 1916, ch. 327, and L. 1918, ch. 394, in effect April 30, 1918.) § 234. Pharmacies; drug stores; stores. Except as Phai -ma- prescribed in this article, it shall not be lawful for any stores;**™ 8 person to practice as a pharmacist, druggist, apprentice stores or storekeeper, or to engage in, conduct, carry on, or be employed in the dispensing, compounding or retailing of drugs, chemicals, medicines, prescriptions or poisons within this state. Every place in which drugs, chem- I5«i The Public Health Manual icals, medicines, prescriptions or poisons are retailed, or dispensed, or compounded, shall be a pharmacy, a drug store, or a store; shall be under the personal supervision of a pharmacist, a druggist, or a store- keeper and shall be annually registered in the month of January by the board as conducted in full compliance with law and the rules. Pharma- Pharmacies. It shall be lawful for a pharmacist in cies x conformity with the rules, to take, use and exhibit the titles pharmacist and registered pharmacy and to have charge of, engage in, conduct or carry on for himself or for another the dispensing, compounding, or sale of drugs, chemicals, medicines, prescriptions or poisons anywhere within the state, but he shall have personal supervision of not more than one pharmacy or drug store at the same time. Drug stores Drug stores. It shall be lawful for a druggist in conformity with the rules to take, use, and exhibit the titles druggist and registered drug store, and to have charge of, engage in, conduct or carry on for himself or for another the dispensing, compounding or retailing of drugs, chemicals, medicines, prescriptions or poisons anywhere within the state, in a place of not more than one thousand inhabitants, but he shall have charge of not more than one drug store at the same time. He may be employed for the purpose of dispensing or retail- ing drugs, chemicals', medicines, prescriptions and poisons in a registered pharmacy under the management and personal supervision of a licensed pharmacist; he may also perform such duties during the temporary absence of the pharmacist, except in cities of more than one million inhabitants. Tempo- Temporary permits. In places and villages of a thousand inhabitants or less that do not have within three miles a pharmacy or drug store; 1. Physicians may compound medicines, fill prescrip- tions and sell poisons labeled as required by this article. rary permits Pharmacy 157 2. Storekeepers may in accord with the rules sell medicines and poisons for a period not exceeding one year upon the payment of a fee of three dollars. The storekeeper's certificate is limited to the village or place where the storekeeper resides and may be limited to the sale of certain classes of poisons sold only in original packages and put up by a licensed pharmacist whose name and business address is displayed on the package. Stores. It shall be lawful for the storekeeper in con- stores formity with the rules to take, use and exhibit the titles certified storekeeper and registered store and to sell medicines and poisons for a period not exceeding one year in a village or place of the state with less than one thousand inhabitants that has no pharmacy or drug store within three miles of it. Every person practicing as a pharmacist or druggist must at all times display his license conspicuously in his place of business. The proprietor of every phar- macy, drug store or store shall annually in the month of January report under oath to the board any facts required by the board, shall pay the registration fee of two dollars and shall receive a certificate of registration that must be conspicuously displayed at all times in the pharmacy, drug store or store with all licenses. Every person, partnership, association or corporation doing business as the proprietor or proprietors of a pharmacy, drug store or store shall cause the name of such proprietor or proprietors to be displayed upon a sign conspicuously placed upon the exterior of the building and his sign shall be presumptive evidence of ownership of such pharmacy, drug store or store. The proprietor that opens a pharmacy, drug store or store subsequent to the month of January shall, within thirty days of opening, make this report, pay the fee and dis- play the certificate and the sign. Every proprietor of a wholesale or retail pharmacy, drug store or store is 158 The Public Health Manual Appren- tices and em- ployees "Working hours and sleeping apart- ments responsible for the strength, quality and purity of all drugs sold or dispensed by him, subject to the guaranty provisions of this article. (Am'd by L. 1910, ch. 422, in effect Aug. 1, 1910.) § 235. Apprentices and employees. Every person over fifteen years of age that shall enter a pharmacy or drug store with the intention of becoming a pharma- cist or druggist, shall pay the registration fee of one dollar, and receive a certificate as a registered appren- tice in accordance with the rules. Apprentices may be employed, in accordance with the requirements of this article and the rules, in reg- istered pharmacies and drug stores and may receive instruction in the practice of pharmacology. Apprentices may prepare or dispense receipts of prescriptions, may sell or furnish medicines or poisons in the presence of and under the immediate personal supervision of a pharmacist or druggist who must be either the proprietor or in the actual employ of the proprietor. The proprietor as principal shall be equally liable for violations of this article by his employees. Other unlicensed assistants may be employed in reg- istered pharmacies and drug stores for other purposes than the practice of pharmacology and the dispensing, compounding or retailing of drugs, chemicals, medi- cines, prescriptions or poisons. A junior pharmacist may, subject to the rules of the board, have temporary charge of a pharmacy or a drug store, but during such temporary charge shall not com- pound or dispense physicians' prescription. (Am'd by L. 1910, ch. 422, L. 1915, ch. 502, and L, 1918, ch. 394, in effect April 30, 1918*.) § 236. Working hours and sleeping apartments. No apprentice or employee in any pharmacy or drug store shall be required or permitted to work more than seventy hours a week. Nothing in this section prohibits working six hours overtime any week for the purpose Pharmacy 159 of making a shorter succeeding week, provided, how- ever, that the aggregate number of hours in any such two weeks shall not exceed one hundred and thirty-two hours. The hours shall be so arranged that an employee shall be entitled to and shall receive at least one after- noon and evening off in each week and in addition thereto shall receive one full day off in two consecutive weeks. No proprietor of any pharmacy or drug store shall require any clerk to sleep in any room or apart- ment in or connected with such store that does not com- ply with the sanitary regulations of the local board of health. The provisions of this section alone regulate working hours and sleeping apartments in pharmacies or drug stores. (Am'd by L. 1910, ch. 422, and L. 1911, eh. 630, and L. 1914, ch. 514, in effect April 23, 1914.) § 236-a. Working hours for male employees over the working , . , a r - a i. • hours for age of sixteen years, and sleeping apartments in grocery male e m- or provision stores. No male apprentice or employee P lQ y ees over the age of sixteen years in any grocery or pro- vision store located or lying within the boundaries of any city of the first class shall be permitted to work more than seventy hours a week or more than eleven hours in any one day, except that on the last day of the week such employees may be permitted to work fifteen hours for the purpose of eliminating work on the first day of the week. Nothing herein shall be so construed as to require male apprentices or em- ployees over the age of sixteen years in grocery or provision stores to work on seven days in the week. The work hours shall be consecutive, allowing one hour for each meal. Nothing herein shall be so con- strued as to affect minors under the age of sixteen years or females of any age, or in any way to repeal or modify chapter three hundred and thirty -one of the laws of nineteen hundred and fourteen. No pro- prietor of any grocery or provision store located within the boundaries of any city of the first class shall per- 160 The Public Health Manual sleeping mit any clerk to sleep in any room or apartment in or ments in connected with such store which does not comply with grocery ftie sanitary regulations of the local board of health, or provi- J ° ' sion. stores providing, however, that this act shall not affect any proprietor or the family of such proprietor who reside in an apartment connected with such store, which apartment at the time of its building or erection was in conformity with the sanitary regulations of the local board of health. Failure to comply with any of the provisions of this section shall be deemed a misde- meanor. (Added by L. 1915, ch. 343, in effect April 20, 1915.) Adui- § 237. Adulterating, misbranding and substituting. /j^g 6 A drug is adulterated in any of the following cases: defined 1. When sold under or by a name recognized in the pharmacopoeia it differs from the standard determined by the test or formula given. 2. When sold under or by a name recognized in the formulary the strength, quality or purity or percentage of the alkaloid or alkaloids or other potent ingredient or ingredients differs from the standard determined by the test or formula given. 3. Wlien sold under or by a name not recognized in or according to a formula not given in the pharma- copoeia or formulary that is found in some other stand- ard work on pharmacology recognized by the board, it differs in strength, quality or purity from the strength, quality or purity required, or the formula prescribed in the standard work. Provided, however, that all drugs sold by wholesalers when not sold to a consumer shall be in accordance with the provisions of the national food and drug act of June thirtieth, nineteen hundred and six. 4. When sold as a homeopathic drug it differs from the strength, quality or purity established by the test or formula given in the latest edition of the homeopathic Pharmacy 161 pharmacopoeia of the United States or the American homeopathic pharmacopoeia. 5. Its strength, quality or purity differs from the professed standard of strength, quality or purity under which it is sold. 6. It contains methyl or wood alcohol when intended for use as a medicine except when sold as a veterinary liniment for external use only and so labeled. Misbranding and substituting. A drug is mis- Mis- , j j •-• branding branded if and substi . 1. The package bears any statement, design or device tuti °s that is false or misleading in any particular regarding its contents, regarding the state, territory or county in which it is manufactured or produced. 2. It is an imitation or is offered for sale under the name of another substance. 3. The original contents of the package have been removed in whole or in part and other contents added. 4. The package fails to bear a statement of the per- centage contained therein by volume of alcohol and by quantity or proportion of morphine, opium, heroin, chloroform, cannabis indica, chloral hydrate, acetanilide or any derivative or preparation of any of these sub- stances. 5. The package containing a homeopathic drug fails to state that fact. These statements shall be made in type easily read, conspicuously displayed and described by their common or English names. Alcohol used as a solvent, preserva- tive or for any other purpose is contained in the drug . within the meaning of this article. Nothing in this paragraph applies to the compounding and dispensing of drugs and medicines on the written prescription of a physician, dentist or veterinarian, which prescription shall be kept on file by the pharmacist or druggist. Nor does it apply to unadulterated drugs recognized in the pharmacopoeia and the formulary and the homeopathic 6 162 The Public Health Manual Poison schedules Register pharmacopoeia sold under the names by which they are recognized therein, and not sold under a proprietary name, trade name or trade mark. All adulterated, mis branded or substituted drugs are forfeited to the board for destruction. (Am'd by L. 1910, ch. 422, in effect Aug. 1, 1910.) § 238. Poison schedules; register. It is unlawful for any person to sell at retail or to furnish any of the poisons of schedule A and B without affixing or caus- ing to be affixed to the bottle, box, vessel or package, a label with the name of the article and the word poison distinctly shown and with the name and place of business of the seller all printed in red ink together with the name of such poisons printed or written thereupon in plain, legible characters. Wholesale dealers in drugs, medicines, pharmaceuti- cal preparations, chemicals or poisons shall affix or cause to be affixed to every bottle, box, parcel and outer inclosure of any original package containing any of the articles of schedule A a suitable label or brand in red ink with the word poison upon it. Register. Every -person who disjjoses of or sells at retail or furnishes any poisons included in schedule A shall before delivering the same enter in a book kept for that purpose the date of sale, the name and ad- dress of the purchaser, the name and the quantity of the poison, the purpose for which it is purchased and the name of the dispenser. The poison register must be always open for inspection by the proper authori- ties and must be preserved for at least five years after the last entry. He shall not deliver any of the poisons of schedule A or B until he has satisfied himself that the purchaser is aware of its poisonous character and that the poison is to be used for a legitimate purpose. The provisions of this paragraph do not apply to the dispensing of medicines or poisons on physicians' pre- scriptions. Pharmacy 163 The board shall add to any of the schedules from time to time as such action becomes necessary for the protection of the public. Schedules A, B and C shall remain in force until amended by the rules. ( Am'd by L. 1910, ch. 422, and L. 1915, ch. 502, in effect May 3, 1915.) § 239. Construction of article; temporary permits, construe- This article shall not apply to the practice of a physi- ^ cLe 01 cian that is not the proprietor of a pharmacy, drug store or store, or that is not in the employ of such 'a proprietor. Except as to the quality of drugs dispensed it shall not prevent physicians from supplying their patients with such articles as the physician deems proper. This article shall not be construed as preclud- ing the ownership of a pharmacy or drug store by an unlicensed person, firm or corporation provided such pharmacy or drug store be conducted in accordance with the provisions of said article. Except as to the labeling of poison and to adulterating, misbranding and substituting, it shall not apply. 1. To the sale of drugs, medicines, chemicals, prescrip- tions or poisons at wholesale when not for the use or consumption of the purchaser. 2. To the sale of paris green, white hellebore and other poisons for destroying insects. 3. To the sale of any substance for use in the arts. 4. To the manufacture and sale of proprietary medi- cines. 5. To the sale by merchants of the articles in schedule C. (Am'd by L. 1910, ch. 422, in effect Aug. 1, 1910.) § 240. Revocation of license; misdemeanors; viola- Revoca- tions and penalties. No license or certificate shall be [5°^° granted to any applicant guilty of felony or gross im- after morality, or that is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to ren- der him unfit to practice pharmacology. Any license or certificate obtained by misrepresentation or fraud meanors 1(54 The Public Health Manual or that is held by any one unfit or incompetent from negligence, habits or other cause may be revoked after reasonable notice and an opportunity to be heard. The wilful and repeated violation of any of the provisions of this article or the rules is sufficient cause for the revocation of a license or certificate. The license or certificate revoked shall on formal notice be delivered immediately to the board. Misde- Misdemeanors. It is a misdemeanor for 1. Any person to procure or attempt to procure a license or certificate for himself or for any other person by making, or causing to be made, any false representa- tions. 2. Any pharmacist to permit the compounding and dispensing of prescriptions of medical practitioners in his pharmacy by any unlicensed person or persons, ex- cept in the presence of and under the immediate per- sonal supervision of. a pharmacist or druggist. 3. Any unlicensed person to prepare or to dispense a medical prescription or physician's prescription, or to dispense or to sell at retail poisons or medicines except under the immediate personal supervision of a phar- macist or druggist whose license is displayed in the pharmacy or drug store. 4. Any unlicensed person to open or to conduct or to have charge of, or to supervise any pharmacy, drug store or store for retailing, dispensing or compounding drugs, chemicals, medicines, prescriptions or poisons. 5. Any person to fraudulently represent himself to be licensed. 6. Any person to intentionally prevent or knowingly refuse to permit any examiner or inspector to enter a pharmacy, drug store or store for the purpose of law- ful inspection. 7. Any person whose license or certificate has been revoked, to refuse to deliver the certificate or license. 8. Any person to omit his name from the sign and any Pharmacy 165 holder of a license or certificate to fail to display the same. 9. Any proprietor of a pharmacy or drug store to require more than seventy working hours a week in other arrangement than that permitted by section two hundred and thirty-six; and for any proprietor of a pharmacy or drug store to violate the provisions of the same section in regard to sleeping apartments. (Anrd by L. 1911, ch. 630.) 10. Any person to adulterate, misbrand or substitute any drug knowing or intending that it shall be used, or sells, offers for sale or causes to be sold any adul- terated, misbranded or substituted drug. 11. Any person to violate any of the provisions of this article in relation to the wholesaling, retailing or dispensing of drugs, chemicals, medicines, prescriptions and poisons for which violations no other punishment is imposed. Violations and penalties. Any person that violates vioia- any of the provisions of this article who is not crimi- penalties' 1 nally prosecuted, on complaint of the board, as for a misdemeanor, shall forfeit to the people of the state of New York the sum of fifty dollars for every such violation, which may be paid to the board or sued for and recovered in the name of the people of the state of New York in an action brought therefor by the attorney-general. A person accused of violation of any of the pro- visions of this article relating to adulterating, mis- branding or substitution shall not be prosecuted or con- victed or suffer any of the penalties, fines or forfei- tures for such violation, if he establishes upon the hearing or trial that the drug or drugs alleged to be adulterated, misbranded or substituted were purchased by him under a guaranty of the manufacturer or seller to the effect that said drug or drugs were not adulter- ated or misbranded within the meaning of this article 16G The Public Health Manual and proves that he has not adulterated, misbranded or substituted the same. A guaranty in order to be a defense to a prosecution or to prevent conviction or to afford protection, must state that the drug or drugs to which it refers are not adulterated, misbranded or substituted within the meaning of the provisions of the statute of New York state and must state also the full name, and place of business of the manufacturer, wholesaler, jobber or other person from whom the drug or drugs were purchased. In construing and en- forcing the provisions of this article the word " person " shall import both the plural and singular and shall in- clude corporations, companies, partnerships, societies and associations, and the act, omission or failure of any officer, agent or other employee acting for or employed by any person within the scope of his authority or em- ployment shall in every case be the act, omission or failure of the person as well as that of the officer, agent or other employee, and such person shall be equally liable for violations of this article by a part- nership, association or corporation, every member of the partnership or association and the directors and general officer of the corporation and the general man- ager of the partnership, association or corporation, shall be individually liable and any action, prosecution or proceeding authorized by this article may be brought against any or all of such persons. When any prose- cution under this article or under section eleven hun- dred and forty-two, section eighty, section eighty-one, section eighty-two, section seventeen hundred and forty-two, section seventeen hundred and forty-three, sec- tion seventeen hundred and forty-five, section seventeen hundred and forty-six, section seventeen hundred and forty-seven, section seventeen hundred and forty-eight, section seventeen hundred and forty-nine and section' seveteen hundred and sixty of the penal law and any amendment thereto is made on the complaint of the Pharmacy 167 board, any fines collected shall be paid into the state treasury as provided by this article. (Am'd by L. 1910, ch. 422; L. 1911, ch. 630, and L. 1915, ch. 502, in effect May 3, 1915.) § 240-a. Proof required in prosecuting for certain vio- Proof re- lations. In an action or proceeding, civil or criminal, pro se- against any person for violating any provision of this cutm s article relating to retailing or dispensing drugs, chem- icals, medicines, prescriptions and poisons, or to mis- branding or substituting, it shall be necessary to prove at the trial or hearing that at the time and place of the taking of any sample of drugs, chemicals, medicines or poisons, to be analyzed, the person taking the same di- vided it into two substantially equal parts, hermetically or otherwise effectively and completely sealed, delivered one such sealed part to the seller, pharmacist, druggist or storekeeper from whose premises such sample was taken and delivered the other part so sealed to the chemist designated by the state board of pharmacy; and the facts herein required to be proven shall be alleged in the complaint or information by which such action or proceeding was begun. The rules of the board shall be proven prima facie by the certificate of the secretary. (Added by L. 1913, ch. 223, am'd by L. 1915, ch. 502, in effect May 3, 1915.) § 241. Schedules A, B and C. These schedules remain Schedules A B in force until revised by the board and approved by an ' d c the regents. Schedule A. Arsenic, atropine, corrosive sublimate, potassium cyanide, chloral hydrate, hydrocyanic acid, morphine, strychnine and all other poisonous vegetable alkaloids and their salts, oil of bitter almond contain- ing hydrocyanic acid, opium and its preparations, except paregoric and such others as contain less than two grains of opium to the ounce. Schedule B. Aconite, belladonna, cantharides, col- chicum, conium, cotton root, digitalis, ergot, hellebore. 16S The Public Health Manual henbane, Phytolacca, strophantus, oil of savin, oil of tansy, veratrum viride and their pharmaceutical prepara- tions, arsenical solutions, carbolic acid, chloroform, creo- sote, croton oil, white precipitate, methyl or wood alcohol, mineral acids, oxalic acid, paris green, salts of lead, salts of zinc, or any drug, chemical or preparation which is destructive to adult human life in quantities of sixty grains or less. Schedule C. Ammonia water, bicarbonate of soda, borax, camphor, castor oil, cream of tartar, dyestuffs, essence of peppermint, essence of wintergreen, non- poisonous flavoring esssences or extracts, glycerine, licorice, olive oil, sal ammonaic, saltpetre, sal soda, epsom salt, rochelle salt, sulphur, cod liver oil, vaseline, petrol- eum jellies, oil of origanum, oil of spike, flaxseed, rock candy, butter color, malt extract, extract of beef, beef, iron and wine, extract of witch hazel, quinine pills, cathartic pills, >seidlitz powders, bay rum, perfumes, toilet water, tumeric, talcum powder, composition powder, porous plasters, court plasters, copperas, alum, gum arabic, lithia water. (Am'd by L. 19'10, ch. 422, am'd by L. 1915, ch. 502, in effect May 3, 1915.) ARTICLE XI-A Habit forming drugs * ('Repealed by L. 1918, ch. 639, repeal to take effect Feb. 1, 1919. See herein Art, XXII of Public Health Law, p. 2790 ARTICLE XII Registration of nurses Section 250. Who may practice as registered nurses. 251. Board of examiners; examination; fees. 252. Waiver of examination. 253. Violations of this article. * See Article XXII, p. 279 Registration of Nurses 169 § 250. Who may practice as registered nurses. Any Regis- resident of the state of New York, being over the age nurses of twenty-one years and of good moral character, hold- ing a diploma from a training school for nurses con- nected with a hospital or sanitarium giving a course of at least two years, and registered by the regents of the university of the state of New York as maintaining in this and other respects proper standards, all of which shall be determined by the said regents, and who shall have received from the said regents a certificate of his or her qualifications to practice as a registered nurse, shall be styled and known as a registered nurse, and no other person shall assume such title, or use the abbre- viation R. N. or any other words, letters or figures to indicate that the person using the same is such a regis- tered nurse. Before beginning to practice nursing every such registered nurse shall cause such certificate to be recorded in the county clerk's office of the county of his or her residence with an affidavit of his or her identity as the person to whom the same was so issued and of his or her place of residence within such county. In every thirty-sixth month from the month of January, nineteen hundred and six, every registered nurse shall again cause his or her certificate to be recorded in the said county clerk's office, with an affidavit of his or her identity as the person to whom the same was issued, and of his or her place of residence at the time of such re-registration. Nothing contained in this article shall be considered as conferring any authority to practice medicine or to undertake the treatment or cure of dis- ease in violation of article eight of this chapter. § 251. Board of examiners; examination; fees. The Board of board of examiners of nurses appointed pursuant to of a ™u°ses laws of nineteen hundred and three, chapter two hun- dred and ninety-three, is continued. The New York state nurses' association at each annual meeting shall nominate for examiners two of their members who have 170 The Public Health Manual Examina- tion fee Revoca- of certifi- cate Waiver of examina- tion had not less than five years' experience in their profes- sion. Upon the expiration of the term of office of any examiner now in office the regents of the university of the state of New York shall from the candidates so nominated fill the vacancy for a term of five years and until his or her successor is chosen. An unexpired term of an examiner caused by death, resignation or other- wise, shall be filled by the regents in the same manner as an original appointment is made. The said regents, with the advice of the board of examiners above pro- vided for, shall make rules for the examination of nurses applying for certification under this article, and shall charge for examination and for certification a fee of five dollars to meet the actual expenses, and shall report annually their receipts and expenditures under the provisions of this article, to the state comptroller, and pay the balance of receipts over expenditures to the state treasurer. The said regents may revoke any such certificate for sufficient cause after written notice to the holder thereof and hearing thereon. No person shall thereafter practice as a registered nurse under any such revoked certificate. § 252. Waiver of examination. The regents of the university of the state of New York may upon the recommendation of said board of examiners, or upon evidence satisfactory to said regents, waive the exam- ination of any persons possessing the qualifications men- tioned in section two hundred and fifty, who shall have been graduated before, or who were in training on the twenty-fourth day of April, nineteen hundred and three, and shall thereafter be graduated, and of such persons now engaged in the practice of nursing and who have had six years' experience in the practice of nursing in a general hospital prior to nineteen hundred and three, who make application in writing for such certificate prior to July first, nineteen hundred and thirteen. (Am'dby L. 1913, ch. 390.) Chiropody 171 § 253. Violations of this article. Any violation of this violations article shall be a misdemeanor. When any prosecution under this article is made on the complaint of the New York state nurses' association, the certificate of incor- poration of which was filed and recorded in the office of the secretary of state on the second day of April, nineteen hundred and two, the fines collected shall be paid to said association and any excess in the amount of fines so paid over the expenses incurred- by said as- sociation in enforcing the provisions of this article shall be paid at the end of each year to the treasurer of the state of New York. ARTICLE XIII Chiropody Section 270. Pedic society of the state of New York. 271. Eligibility to practice without examina- tion. 272. Board of examiners. 273. Expenses. 274. Real and personal property. 275. Rules and regulations. 276. Privileges and immunities. 277. Falsely and knowingly claiming to have a certificate, or to be a member of such society, a misdemeanor. 278. Practicing without registering prohibited. 279. Person not entitled to register unless hold- ing a license. 280. Duty of county clerk. 281. Penalty for violations or neglect to comply with this article. 282. Construction of this article. Pedic § 270. Pedic society of the state of New York. The Estate pedic society of the state of New York is continued and Y 0r ^ ew 172 The Public Health Manual Eligi- bility to practice without examina- tion Examina- tions the officers thereof shall hold office until the expiration of their respective terms. § 271. Eligibility to practice without examination. All chiropodists practicing as such within the state of New York, on or before the third day of June, eighteen hundred and ninety-five, may, upon application to the regents of the university of the state of New York, and upon offering evidence satisfactory to said regents, re- ceive from them a certificate which shall entitle the person to whom it is issued to practice chiropody within this state, provided that said certificate be filed with the county clerk of the county in which such person desires to practice chiropody, and' provided further that application for such certificate be made to the regents of the university of the state of New York on or before January first, nineteen hundred and fourteen. (Am'd by L. 1912, ch. 199, and L. 1913, ch. 499.) § 272. Examinations. On and after September first, nineteen hundred and twelve, no person not heretofore legally authorized to practice chiropody in the state of New York shall be permitted to engage in such practice unless he shall have been duly licensed so to do by the regents of the university of the state of New York, on the recommendation of the state board of medical ex- aminers. The regents shall admit to examinations any candi- date who pays a fee of twenty-five dollars and submits evidence verified ny oath and satisfactory to the regents that he is (a) More than twenty-one years of age; (b) Is of good moral character: (c) Has a preliminary education satisfactory to the requirements of the board of regents; (d) Has graduated from a school of chiropody main- taining a standard satisfactory to the regents. Applicants from other states and countries, present- ing credentials accepted as satisfactory by the regents Chieopody 173 and showing that they have been legally practicing chiropody for five years, may he admitted to a licensing examination in chiropody. A school of chiropody shall not matriculate a student whose academic education is not equivalent to the stand- ard required by the board of regents. The state board of medical examiners, or a committee thereof, shall submit to the regents as required, lists of suitable questions for examination in anatomy and phy- siology of the feet, therapeutics, chemistry, minor sur- gery and bandaging. From these lists, the regents shall prepare question papers for all these subjects, which at any examination shall be the same for all candidates. Examinations for licenses in chiropody shall be given at the medical examinations whenever and wherever held in this state, in accordance with the regents' rules, and shall be exclusively in writing and in English. Such examinations shall be conducted by a regents' official, who shall not be one of the state medical exam- iners. At the close of each examination, the regents' official in charge shall deliver the questions and answer papers to the state board of medical examiners, or to its duly authorized committee, who, without unnecessary delay, shall examine and mark the answers and trans- mit to the regents an official report signed by the secretary of the state board of medical examiners, stat- ing the standing of each candidate in each branch and his general average, such report shall include the ques- tions and answers and shall be filed in the public rec- ords of the university. If a candidate fails on first examination, he may, after not less than six months' further study, have a second examination without fee. If the failure be from illness or other cause satisfac- tory to the regents, they may waive the required six months' study. On receiving from the state board of medical exam- iners an official report that an applicant has success- 174 The Public Health Manual fully passed the examination and is recommended for license, the regents shall issue a license to practice chiropody in keeping with the definition of chiropody, as given in this article. Every license -shall be issued by the university under seal and shall be signed by each acting examiner in chiropody, by the secretary of the state board of medical examiners and by the officer of the university who approved . the credentials which admitted the candidate to examination and shall state that the licensee has given satisfactory evidence of fitness as to age, character, preliminary and pro- fessional education and of any other matters required by law, and that after full examination he has been found properly qualified to practice chiropody. If any person whose registration is not legal, because of some error, misunderstanding or unintentional' omission, shall submit satisfactory proof that he had' all requirements prescribed by law, at the time of his imperfect regis- tration or irregular practice and was entitled to be legally registered, he may, on unanimous recommenda- tion of the state board of medical examiners, receive from the regents, under 'seal, a certificate of the facts which may be registered by any county clerk and shall make valid the previous imperfect registration or ir- regular practice. Before any license is issued, it shall be numbered and recorded in a book kept in the regents' office and its number shall be noted in the license and a photograph of the licensee filed" with the records This record shall be open to public inspection and in all legal proceedings shall have the same weight as evi- dence as is given to a record of conveyance of land. (Am'd by L. 1912, ch. 199.) Expenses § 273. Expenses. The fees derived from the operation of this article shall be paid into the state treasury, and the legislature shall annually appropriate therefrom for the education department an amount sufficient to Chiropody 175 pay all proper expenses incurred pursuant to this article. (Am'd by L. 1912, ch. 199.) § 274. Real and personal property. The said " The Real a pedic society of the state of New York " may purchase pr0 perty and hold such real and personal estate as the pur- poses of its corporation may require, but such prop- erty shall not exceed in value the sum of one hundred and fifty thousand dollars. § 275. Rules and regulations.! The said " The pedic Rules and society of the state of New York " may make all needful ^0^ by-laws, rules and regulations not inconsistent with any existing law, for the management of its affairs and property. The said " The pedic society of the state of 2vew York" shall adopt and from time to time re- vise, add to, alter, amend or annul rules and formulas for the proper use of antiseptics in the practice of chiropody for the .purpose of preventing diseases of the feet. And any chiropodist who performs any act of chiropody after receiving a copy of such rules and formulas without complying therewith and thereby causes septicemia or pyemia or other diseases shall on proof thereof be liable to the person so injured in dam- ages to be sued for and ascertained, in an action at law before any court of record of this state and proof of non-compliance with such rules and? formulas or any of them after notice shall in any such action, be pre- sumptive evidence of malpractice. § 276. Privileges and immunities. The said " The privi- pedic society of the state of New York" shall be enti- 5mmuni° a tied to all the privileges and immunities granted to ties medical, dental and veterinary societies of this state. § 277. Falsely and knowingly claiming to be a mem- ber of such society, a misdemeanor. Any person who shall knowingly and falsely and with intent to deceive the public, claim or pretend to be a member of said False claims mis- demeanor t See Sanitary Code, Chap. VII, Reg. 5 and 6, p. 357 176 The Public Health Manual pedic society, not being such member, shall be deemed guilty of a misdemeanor and punished accordingly. (Am'd by L. 1912, ch. 199.) Practic- § 278. Practicing without registering prohibited. Every without license to practice chiropody before the licensee begins register- practicing thereunder shall be registered in a book kept ing pro- i o o r hibitect in the clerk's office of the county where such practice is to be carried on, with the name, the residence, the place and date of birth, and the source, the number and date of his license to practice. Before registering, each licensee shall file, to be kept in a bound volume in a county clerk's office, an affidavit of the above facts, and also that he is the person named in such license and had before receiving the same complied with all requirements as to attendance and amount of study and examinations required by law and the rules of the uni- versity as preliminary to the conferment thereof; that no money was paid for such license except the regular fees paid by all applicants therefor; that no fraud, mis- representation or mistake in any material regard was employed by any one or occurred in order that such should be conferred. Every license, or if lost, a copy thereof, legally certified so as to be admissible as evi- dence, or a duly attested transcript of the record of its conferment shall, before registering, be exhibited to the county clerk, who, only in case it was issued or in- dorsed as a license under seal by the regents shall in- dorse or stamp on it the date and his name, preceded by the words " registered as authority to practice chiropody in the clerk's office of county." The clerk shall thereupon give to every chiropodist so registered, a transcript of the entries in the register with a certificate, under seal, that he has filed the pre- scribed affidavit. The regents may, in their discretion and for cause deemed by them to be satisfactory, in- dorse as a license a certificate issued by the Pedic So- ciety of the State of New York, prior to September first, Ohikopody 177 nineteen hundred and twelve, notwithstanding the fail- ure of the holder thereof to cause the same to be regis- tered prior to such date as required by the law then in force, provided application for such indorsement be made on or before August first, nineteen hundred and seventeen. (Am'd by L. 1912, ch. 199; L. 1914, ch. 317, and L. 1917, ch. 105, in effect Mar. 30, 1917.) § 279. Persons not entitled to register unless holding a Not en- license. No person shall be entitled to register as a regf s d ter to chiropodist unless he or she shall hold the license pro- without liCGns© vided for in section two hundred and seventy-two of this article, or a certificate issued by the Pedic Society of the State of New York, and indorsed by the regents as provided in the preceding section. Every unrevoked cer- tificate and indorsement of registry made as provided in this article, shall be presumptive evidence in all courts and places that the person named therein is legally regis- tered. After September first, nineteen hundred and twelve, no person shall register any authority to practice chiropody unless it has been issued or indorsed as a license by the regents. No such registration shall be valid unless the authority registered constituted at the time of the registration a license under the laws of the state then in force. (Am'd by L. 1912, ch. 199 and L. 1914, ch. 317, in effect April 14, 1914.) § 280. Duty of county clerk. The county clerk of Duty of each county shall provide a book to be known as the l™^ 7 register of chiropodists, in which shall be recorded the matters in section two hundred and seventy- eight of this article set forth, and shall thereupon give to every registrant a transcript of the entries in the register with a certificate under seal that he has filed the pre- scribed affidavits. Every applicant who shall have complied with the foregoing provisions and shall be admitted to registration shall pay to the clerk of said county the sum of one dollar, which shall be received as full compensation for such registration, affi- ITS The Public Health Manual davit and certificate. A practicing chiropodist having registered a lawful authority to practice chiropody in one county and removing such practice or a part thereof to another county or regularly engaged in practicing or opening an office in another county, or shall have his office, practice or any part thereof removed from one county to another by an act of legislature creating a new county from a then existing county, thereby caus- ing his office or practice to be situated in a new county, shall show or send by registered mail to the clerk of such other or new county his certificate of registration. If such certificate clearly shows that the original regis- tration was under the provisions of any law now or heretofore in effect or of an authority issued under seal by the regents, or if the certificate itself is indorsed by the regents as entitled to registration, the clerk shall thereupon register the applicant in the latter or new county on receipt of a fee of twenty-five cents, and shall stamp or indorse on such certificate the date and his name preceded by the words " registered also in county," and return the certificate to the applicant. (Am'd by L. 1912, ch. 199 and L. 1915, ch. 55, in effect March 11, 1915.) viola- § 281. Penalty for violations or. neglect to comply with penalty this article. Any person who shall present to any county clerk for the purpose of registration, any license which has been fraudulently obtained, or shall obtain any license under this article by any false or fraudulent statement or representation, or shall practice chiropody or any branch thereof within this state without con- forming to the requirements of this article, or shall otherwise violate or neglect to comply with any of the provisions of this article, shall be guilty of a misde- meanor, and shall on conviction, for each and everj offense be punished by a fine of not less than fifty dol- lars nor more than one hundred dollars, or by impris- onment for a term not less than thirty days and not Chiropody 179 more than one year, or by both fine and imprisonment. Any person who shall practice chiropody under a false or- assumed name or shall falsely personate another practitioner or former practitioner of a like or differ- ent name, shall likewise be guilty of a misdemeanor and punished accordingly. The regents may revoke the license of a chiropodist or annul his registration or do both in any of the following cases : (a) Conviction of a felony; (b) Fraud or deceit in practice; (c) If the practitioner be a habitual drunkard or be habitually addicted to the use of morphine, opium, cocaine, or other drugs having a similar effect; (d) If the practitioner undertakes or engages in any prac- tice beyond the privileges and rights accorded to him in his license; (e) If his license has been obtained through any false or fraudulent representations or ac- tions upon his part. Proceedings for the revocation of a license or the annulment of a registration shall be begun by filing the written charge or charges against the accused. These charges may be preferred by any person or cor- poration, or the regents may on their own motion direct the executive officer of the board of regents to prefer said charges. Said charges shall be filed with the ex- ecutive officer of the board of regents and a copy thereof shall be filed with the secretary of the board of medical examiners, which latter body shall designate • a com- mittee, of their number, to hear and determine said charges. The time and place for the hearing of said charges shall be fixed by said committee as soon as convenient, and a copy of the charges, together with a notice of the time and place when they will be heard and determined, shall be served upon the accused or his counsel at least ten days before the date actually fixed for such hearing. Service shall be in person or by publication and shall indicate a definite time and place for a hearing. At said hearing the accused shall have 180 The Public Health Manual the right to cross-examine the witnesses against him and to produce witnesses in his defense and to appear personally or by counsel. The said committee shall make a written report of its findings and recommenda- tions to be signed by all its members and the same shall be forthwith transmitted to the executive officer of the board of regents. If the said committee shall unan- imously find that said charges or any of them are sus- tained and shall unanimously recommend that the li- cense of the accused be revoked or his registration be annulled, the regents may thereupon, in their discre- tion, revoke said license or annul said registration, or do both. If the regents annul such registration, they shall forthwith transmit' to the clerk of the county or counties in which said accused is registered as a chiropodist, a certificate under their seal certifying that such registration has been annulled, and said clerk shall, upon receipt of such certificate, file the same and forth- with mark such registration "Annulled." Any person who shall practice chiropody, after his registration has been marked "Annulled," shall be deemed to have practiced chiropody without registration, and in viola- tion of this article. But nothing in this article shall be construed to prohibit any duly and legally licensed or authorized physician or surgeon from practicing chiropody or any branch thereof. When any prosecu- tion under this article is made on the complaint of " The pedic society of the state of New York," the fines when collected shall be paid to the said " The pedic society of the state of New York," and any excess of the amount of such fines over the expenses incurred by the said society in enforcing the law of this state relating to the practice of chiropody, shall be paid at the end of the year by the said society to the treas- urer of the state of New York for the common school fund. (Am'd by L. 1912, ch. 199, in effect Sept. 1, 1912.) Embalming and Undertaking J 81 § 282. Construction of this article. For the purpose of this article " chiropody " is understood to be the sur- gical treatment of abnormal nails, all superficial ex- crescenses occurring on the hands and feet, such as corns, warts or callosities, and the treatment of bunions; but it shall not confer the right to operate upon the hands or feet for congenital or acquired deformities, or for conditions requiring the use of ansesthetics other than local, or incisions involving structures below the level of the true skin. ARTICLE XIV Embalming and undertaking Section 290. Board of embalming examiners. 291. Corporate name; powers and duties of board. 292. Examination questions and appointments for examinations. 293. Application for license and examination. 294. Duty of state board of health concerning reports of examination. 295. License to practice as undertaker. 296. Reciprocal licenses; license not assignable. 297. Application of income derived from licenses ( repealed ) . 298. Prohibiting practice of embalming without a license. 299. Violations of article. § 290. Board of embalming examiners; compensation. Board of The board of embalming examiners of the state of New j™ 13 ^ 1 ™" York is continued. The members of said board now in aminers office shall continue in office until the expiration of their respective terms. The board shall consist of five members appointed by the governor, each of whom shall serve for a term of three years. Any vacancies occurring in said board shall be filled by the governor, 182 The Public Health Manual Compen- sation Corporate name Powers and duties of board for the unexpired term. The governor may remove from office any member of said board of examiners for continued neglect of any of the duties imposed upon him by this article, or for incompetency or improper conduct. No person shall be eligible to appointment as a member of said board unless he shall have had an experience of at least five years as undertaker and embalmer, and be duly licensed in each capacity. Each member of said board shall receive an annual salary of two hundred dollars and in addition thereto all neces- sary expenses incurred in the performance of his duties. The secretary shall receive an annual salary of one thousand dollars in addition to his salary as a member. (Am'd by L. 1911, ch. 841; L. 1913, ch. 71, and L. 1917, ch. 230, in effect April 20, 1917.) § 291, Corporate name; powers and duties of board Said board shall be known by the name " Board of embalming examiners of the state of New York/' Every person appointed to serve on said board shall receive a certificate of his appointment from the governor of the state of New York, and within fifteen days after receiving such certificate, shall take, subscribe and file, in the office of the secretary of state, the oath prescribed by the thirteenth article of the constitution of the state of New York. The board may adopt a common seal and shall elect from its membership a president and secretary. Said board shall ascertain what constitute the best tests for determining whether life is extinct, and shall prescribe the using of such tests, before em- balming, as they may deem necessary; and all persons thereafter embalming the dead shall apply such tests prescribed before injecting any fluid into any body. Said board by its presiding officer may issue subpoenas and administer oaths to witnesses, and a quorum of said board, which shall consist of not less than three mem- bers, and any committees thereof, is hereby authorized to take testimony concerning matters within its juris- Embalming and Undertaking 183 diction. Said board shall, from time to time, make and adopt rules, regulations and by-laws not inconsistent Rules and regula- ap- with law, whereby the performance of the duties of said t ions board and the transaction of the business and the prac- P roved b v state tice of embalming and undertaking shall be regulated health and performed, subject to the approval of the state de- ^ e e p n a t rt ' partment of health. A certified copy of any of said rules and regulations, attested as true and correct by the sec- retary of said board of embalmers, shall be presumptive evidence of the regular making, adoption and approval thereof. The said board may investigate all alleged vio- lations of the statutes relating to embalming and under- taking, and of all rules and regulations adopted as provided in this section. It may revoke any license of Revoca- an undertaker or embalmer upon proof that the same ij°ense f was procured 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 rules and regulations of the state board of embalming examiners, 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 statistics, which now is or may be enacted, pro- mulgated or established. (Am'd by L. 1913, ch. 71, and L. 1917, ch. 230, in effect April 20, 1917.) § 292. Examination questions and appointments for Examma- examinations. For the purpose of providing for and tlons securing uniform examination throughout the state, and requiring a proper standard of qualification for all can- didates, the said board of embalming examiners shall, from time to time, submit to the state department of health, lists of examination questions for the thorough examination of applicants for license as embalmers, in accordance with the rules and regulations made, adopted and approved as hereinbefore prescribed. Said exam- ination questions shall pertain to embalming, sanita- 184 The Public Health Manual state tion and disinfection. For the purpose of examining ment of applicants for license as embalmers the said state de- heaith to partment of health shall appoint the times and places appoint * ri r time and for holding examinations, which examinations shall be examina- ne ld at least once in each three months. Such appoint- tions, ment shall be made with due regard to the convenience examiner, ° and select of applicants and the public service. Said state depart- ques ions men i f nea ith shall also prescribe the mode and manner of such examinations and appoint the examiner to con- duct the same, and such examinations shall be had and taken upon questions selected by said state department of health from the lists hereinbefore required to be submitted by said board of embalming examiners, and upon such other questions as they shall deem proper. Appiica- § 293. Application for license and examination. Every license and! person desiring to engage in the business or practice of examma- embalming, within the state of New York, shall make a tion o' ' written application to the said board of embalming ex- aminers for an examination for an embalmer's license, accompanying the same with the application fee of live dollars, and with a certificate of some reputable person, that said applicant is more than twenty-one years of age, is of good moral character, and has obtained a common school education, whereupon the secretary of said board of embalming examiners 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 ex- amination, the questions submitted and the answers made thereto by the applicant, shall be forthwith de- livered, by the examiner conducting such examination, to the board of embalming examiners, who shall, with- out unnecessary delay, transmit to the state board of health an official report thereon, signed by its president and secretary, stating in detail the result of the exam- ination of each candidate. Such report shall embrace all the examination papers, questions and answers thereto, and shall be kept for reference and inspection Embalming and Undertaking 185 among the public records of the state board of health. (Arn'd by L. 1913, ch. 71, in effect March 11, 1913.) § 294. Duty of state board of health concerning re- state ports of examination. On receiving such official reports ^ a t rt " . of the examination of applicants for license, the state health, board of health shall examine and verify the same, and e xamina- C thereupon recommend for license by the board of em- tlons balming examiners, those applicants who shall, in their judgment, be duly qualified to practice embalming of human dead bodies in the state of New York, upon said applicant paying to the secretary of the board of embalming examiners an examining and licensing fee of ten dollars. Said license, when issued shall be re- corded by the board of embalming examiners, and such record shall be open to public inspection. (Am'd by L. 1913, ch. 71, in effect March 11, 1913.) § 295. Undertakers; examinations and licenses. I. under- After this section takes effect, no person, except as other- examina- wise provided in this section, shall engage in the busi- ness or practice of undertaking without a license either provided for or mentioned in this section or provided for in section two hundred and ninety-six. 2. Any person who, at the time this section takes effect, shall be actually engaged in the business and practice of undertaking and is desirous of continuing therein shall be entitled to a license therefor, without examination, by filing with the board on or before Sep- tember first, nineteen hundred and seventeen, a written verified application stating therein the fact of his hav- ing been so engaged and accompanying the same with the payment of a fee of ten dollars. 3. The holder of any license issued under any former provision of this chapter or by authority of any other law, for engaging in the business or practice of under- taker, shall not be required to obtain any other license therefor. 4. Applicants for undertakers' licenses whose exami- tions and licenses 186 The Public Health Manual nations were pending on October twenty-fourth, nineteen hundred and sixteen, upon successfully passing such examination, shall be licensed to engage in the business and practice of undertaking upon the payment of a license fee 'of five dollars. 5. Any other person desiring to engage in the busi- ness and practice of undertaking shall make a written application to the board of examination for an under- taker's license. The application shall be accompanied with the certificate of two reputable persons, not related to the applicant, that the applicant is over twenty-One years of age, is of good moral • character and has at least a common school education. The application shall also be accompanied with the payment of a fee of five dollars. The secretary of the board shall issue to the applicant a permit to enter any examination for the, license provided for in this subdivision. Upon the applicant's passing a satisfactory examination in sani- tation, 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, the board shall issue to said applicant, on payment of a further fee of ten dollars, a license to engage in the business and practice of undertaking. 6. If a firm or corporation shall desire to engage in the business or practice of undertaking at least one member of such firm and the manager of each place of business conducted by a corporation shall be a licensed undertaker; and no member of a firm 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 this article. 7. The provisions of this section shall not be con- strued to prohibit any person from engaging in the business or practice of undertaking, who complied with EMBALMING AND UNDERTAKING 187 former provisions of this section relating thereto or with chapter four hundred and ninety-eight of the laws of nineteen hundred and four, as amended by chapter five hundred and seventy-two of the laws of nineteen hundred and five, or by chapter eight hundred and forty- one of the laws of nineteen hundred and eleven, or chapter seventy-one of the laws of nineteen hundred and thirteen. ( Am'd by L. 1911, eh. 841 ; L. 1913, eh. 71, and L. 1917, ch. 230, in effect April 20, 1917.) § 296. Reciprocal licenses; license not assignable. Any Recip- b older of a license issued by state authority in any other j^"^^ state maintaining a system and standard of examination for licenses to engage in the business of undertaking, or of the practice of embalming which in the judgment of the board shall be substantially equivalent to those required in this state for the issue of licenses therefor, may obtain a license from the board under the provisions of this article without examination, in the discretion of the board, upon payment of the application and license fees provided for herein. A copy of any license issued by said board or of any rules, regulations, applications or other records or files of said board duly certified as correct by the secretary of the board of embalming ex- aminers 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 or place 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 Licenses board shall be assignable, and every such license shall not " assign- specify by name the person to whom it shall be issued, able and not more than one person shall practice embalming under one license. This section shall not apply to any personal representative of any deceased undertaker to 188 The Public Health Manual whom a license shall have been issued under this article, who engages in the business of undertaking and embalm- ing with a person duly authorized to practice the same under the provisions of this article. (Am'd by L. 1913, ch. 71, in effect March 11, 1913.) § 297. Application of income derived from licenses. (Section repealed by L. 1917, ch. 230, in effect April 20, 1917.) Pro- § 298. Prohibiting practice of embalming without a practice of license. No person to whom a license has not been embalm- issued as prescribed by laws of eighteen hundred and without ninety-eight, chapter five hundred and fifty-five, as amended, or who has not passed the examination for practicing embalming herein prescribed and been licensed as herein specified, shall transact or practice or hold himself or herself out as transacting or practicing the business or practice of embalming of dead human bodies within this state, except that nothing in this article con- tained shall apply to commissioned medical officers in the army of the United States, or in the United States marine hospital service while so commissioned, or any one actually serving as a member of the resident medical staff of any legally incorporated hospital, or to any person duly licensed to practice as a physician or sur- geon in this state. (Am'd by L. 1911, ch. 841, in effect July 28, 1911.) viola- § 299. Violations of article. Any person who shall engage in the business or practice of embalming or undertaking in violation of any provision of this article shall be liable to a penalty of one hundred dollars and shall also be guilty of a misdemeanor. Each day dur- ing 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. (Added by L. 1911, ch. 841 and amended by L. 1917, ch. 230, in effect April 20, 1917.) tions Optometry 189 ARTICLE XV Optometry Section 300. Definition; application of article. 301. State board of examiners. 302. Powers of board. 303. Examinations; certificates for practitioners. 304. Certificate to be recorded and displayed. 305. Fees. 306. Revocation of certificate. 307. Violations of article. 308. Construction of article. § 300. Definition; application of article. The practice optom- of optometry is defined to be the employment of any etry > means, other than the use of drugs, for the measurement of the powers of vision and the adaptation of lenses for the aid thereof. § 301. State board of examiners. The board of ex- state aminers in optometry is continued. The members of said . 1,oarc \ of 1 J examiners board now in office shall continue in office until the ex- piration of their respective terms. Such board of ex- aminers shall consist of five persons, appointed by the state board of regents, and shall possess sufficient knowl- edge of theoretical and practical optics to practice op- tometry and shall have been residents of this state actually engaged in the. practice of optometry for at least five years. The term of each member of said board shall be five years, or until his successor is appointed, and vacancies shall be filled for the unexpired term only. (Am'd L. 1917, ch. 176, in effect April 14, 1917.) § 302. Powers of board. Said board of examiners Powers of shall, subject to the approval of the regents, make such rules and regulations, not inconsistent with the law, as may be necessary for the proper performance of its duties; any member of the board may upon being duly board 190 The Public Health Manual Examina- tions; certifi- cates of practi- tioners 'designated by the board, or a majority thereof, adminis- ter oaths or take testimony concerning any matter within the jurisdiction of the board. § 303. Examinations; certificates of practitioners. Every person desiring to commence or to continue the practice of optometry after January first, nineteen hun- dred and nine, except as hereinafter provided, upon presentation of satisfactory evidence, verified by oath, that he is more than twenty-one years of age, of good moral character, has a preliminary education equivalent to at' least two years in a registered high school, and after January first, nineteen hundred and twenty, has a preliminary education equivalent to at least four years in a high school approved by the board of regents, and has also studied at least three years in a registered optometrist's office, or has graduated from a school of optometry, maintaining a standard satisfactory to said board of regents, shall take an examination before said board of examiners to determine his qualifications there- for. Students entering on the study of optometry in a registered optometrist's office shall file with the regents an application for, and on payment of fee of one dollar, receive a certificate of fact, and only candidates so registered shall be entitled to admission to the licensing examination without attendance upon a school of op- tometry as required by this act. Every candidate successfully passing such examination shall be regis- tered by said board of regents as possessing the qualifi- cations required by this article, and shall receive from said board of regents a certificate thereof, but any person who shall submit to said board of examiners satisfactory proof as to his character, competency, and qualifications, and that he has been continuously engiged in the practice of optometry in "(his state for more than two years next prior to the time that chapter four hun- dred and sixty of the laws of nineteen hundred and eight took effect, may upon the recommendation of Optometry 191 said board of examiners receive from the board of re- gents a certificate of exemption from such examination, which certificate shall be registered and entitle him to practice optometry under this article. Every person who was, on the twenty-first day of May, nineteen hun- dred and eight when section two hundred and nine-d of the public health law, as then known, took effect, entitled to a certificate of exemption as therein pro- vided, but who failed or neglected to make applica- tion therefor and present evidence to entitle him thereto, on or before January first, nineteen hundred and nine, as provided by said section, must make such application and present such evidence or or before July first, nineteen hundred and nine, or he shall be deemed to have waived his right to such certificate. If any person whose registration is not legal or who is not registered because of some error, misunderstanding or unintentional omission, shall submit to the state board of examiners in optometry, or to the regents of the university of the state of New York, satisfactory proof that he had all the requirements prescribed by law at the time required for registration and was entitled to be legally registered, he may, on unanimous recom- mendation of the state board of examiners in optometry, or by action of the board of regents, receive from the regents under seal a certificate of facts which may be registered by any county clerk and shall make valid the previous imperfect registration and such certificate shall include the date on which such person could or should have registered, and his registration shall be deemed to have been valid and corrected from that date. (Am'd by L. 1909, ch. 134, and L. 1917, ch. 176, in effect April 14, 1917.) § 304. Certificates to be recorded and displayed, certm- Every person to whom a certificate of either registration ^[^ded be or exemption shall be issued shall immediately cause and dis- the same to be recorded in the clerk^s office in the 192 The Public Health Manual county, of his residence, and also in the clerk's office of each other county wherein he shall then practice or thereafter commence the practice of optometry and no registration in a county clerk's office thereafter shall be necessary. Every person practicing optometry shall annually in the month of June report under oath to the state board of examiners any facts required by the board, shall pay to the regents a registration fee of two dollars and shall receive a certificate of registra- tion which must be conspicuously displayed together with his original certificate of registration or exemption in a conspicuous place in the principal office wherein he practices optometry and, whenever required, exhibit such certificate to said board of examiners or its author- ized representatives. Before the first day of June of each year the secretary of the board shall mail to every optometrist registered in the state of New York a blank application for re- registration, addressing the same in accordance with the post office address given at the last previous regis- tration. Upon receipt of such application blank, which shall contain space for the insertion of his name, office and post office address, date and number of his license, and such other information as the regents may deem necessary, he shall sign and forward this statement and application for renewal of his registration certificate to the secretary of the board together with a fee of two dollars. Upon receipt of such application and fee, and having verified the accuracy of the same by compari- son with the applicant's initial registration statements the secretary of the board shall issue a certificate of registration which shall render the holder thereof a legal practitioner of optometry for the ensuing year. These certificates of registration shall all bear date of July first of the year of issue, and shall expire on the thirtieth day of June in the year following. Ap- plications for registration therefor must be made dur- Optometry 193 ing the month of June of each year, and if not so made an additional fee of one dollar for each thirty days of delay beyond the first day of July and up to the first day of January, shall be added to the regular fee. On the first day of October of each year, or within ten days thereafter, the secretary of the board shall publish and mail to every registered optometrist in the state of New York a printed list of the legally registered op- tometrists within the state, and each published list shall contain at the beginning thereof these words: " Each registered optometrist receiving this list is requested to report to the secretary of the board the name and address of any persons known to be practicing optometry, whose names do not appear in this registry. The names of persons giving such information shall not be divulged." If any optometrist continues to Revoca- practice optometry without registration as herein incense provided his license may be suspended or revoked by the regents, in accordance with the provision of this section. If any practitioner of optometry should fail to register in time for the appearance of his name in the published list of registered optometrists, in accord- ance with the provisions of this act the regents shall notify said delinquent to appear before them at t an appointed time and place, and if his explanation of his failure to have registered shall be satisfactory to the regents, he may be reinstated and his name added to the registry; and the regents may also at their option remit the additional fees accruing because of delay in registering. But should the delinquent's explanation prove unsatisfactory, the regents may suspend the per- son from the practice of optometry for a limited season ; or the regents may revoke the person's license. An optometrist who has been heretofore duly licensed and registered to practice in this state whose license shall not have been revoked or suspended, and who either before or after re-registration as required by this 7 194 The Public Health Manual section as hereby amended, shall have temporarily abandoned the practice of optometry or removed from the state, may re-register within this state, upon com- plying with the provisions of this section for re-regis- tration, and also filing with the secretary of the board his affidavit of such facts. Whenever practicing said profession of optometry outside of, or away from, said office or place of busi- ness, he shall deliver to each customer or person so fitted with glasses, a bill of purchase, which shall con- tain his signature, home post office address and the number of his certificate of registration or exemption, together with a specification of the lenses furnished and the price charged therefor. (Am'd by L. 1917, ch. 176, in effect April 14, 1917.) Fees § 305. Fees. The fee for such examination shall be fifteen dollars; for a certificate of registration, ten dollars; for a certificate of exemption, five dollars; for annual registration, two dollars ; for any certificate of fact required of a student apprentice, "one dollar ; and all fees and fines required or imposed by the provisions of such article or rules shall be paid to the board of regents and constitute a fund for expenses made neces- sary by this article. All fees, fines and penalties shall be paid into the state treasury and the legislature shall annually appropriate therefrom for the education department an amount sufficient to pay all proper ex- penses incurred pursuant to this article. The fee to be paid to the county clerk for recording an original certificate shall be fifty cents. (Am'd by L. 1917, ch. 176, in effect April 14, 1917.) Revoca- § 306. Revocation of certificate. The board of regents tion of shall have power to revoke any certificate of registration cate or exemption granted by it under this article, the holder of which is guilty of any fraud or deceit in his practice, has been convicted of crime, or is an habitual drunkard, or grossly incompetent to practice optometry. Proceed- Optometry 193 Lass for revocation of a certificate or the annulment of registration shall be begun by filing a written charge or charges against the accused. These charges may be pre- ferred by any person or corporation, or the regents may on their own motion direct the executive officer of the board of regents to prefer said charges. Said charges shall be filed with the executive officer of the board of regents, and a copy thereof filed with the secretary of the board of optometry examiners. The board of op- tometry examiners, when charges are preferred, shall designate three of their number as a committee to hear and determine said charges. A time and place for the hearing of said charges shall be fixed by said committee as soon as convenient, and a copy of the charges, to- gether with a notice of the time and place when they will be heard and determined, shall be served upon the accused or his counsel, at least ten days before the date actually fixed for said hearing. Where personal service or service upon counsel cannot be effected, and such fact, is certified on oath by any person duly authorized to make legal service, the regents shall cause to be pub- lished for at least seven times for at least twenty days prior to the hearing, in two daily papers in the county in which the optometrist was last known to practice, a notice to the effect that at a definite time and place a hearing will be had for the purpose of hearing charges against the optometrist upon an application to revoke his certificate. At said hearing the accused shall have the right to cross-examine the witnesses against him and to produce witnesses in his defense, and to appear personally or by counsel. The said committee shall make a written report of its findings and recommenda- tions, to be signed by all its members, and the same shall be forthwith transmitted to the executive office of the board of regents. If the said committee shall smanimously find that said charges, or any of them, are sustained, and shall unanimously recommend that the 196 The Public Health Manual certificate of the accused be revoked or his registration be annulled, the regents may thereupon, in their discre^ tion, revoke said certificate or annul said registration, or do both. If the regents shall annul such registration, they shall forthwith transmit to the clerk of the county or counties in which said accused is registered as an optometrist, a certificate under their seal certifying that such registration has been annulled, and said clerk shall, upon receipt of said certificate, 'file the same and forth- with mark said registration " annulled." Any person who shall practice optometry after his registration has been marked " annulled " shall be deemed to have prac- ticed optometry without registration. Where the cer- tificate of any person has been revoked, or his registra- tion has been annulled as herein provided, the regents may, after the expiration of one year, entertain an application for a new certificate, in like manner as original applications for certificates are entertained; and upon such new application they may in their discretion exempt the applicant from the necessity of undergoing any examination. vioia- § 307. Violations of article. No person not a holder of a certificate of registration or exemption duly issued to him and recorded as above provided shall after Janu- ary first, nineteen hundred and nine, practice optometry within this state. No person shall falsely personate a registered optometrist of a like or different name, nor buy, sell or fraudulently obtain a certificate of registra- tion or exemption issued to another. Practicing or offering to practice optometry, or the public representa- tion of being qualified to practice the same by any per- son not authorized to practice optometry, shall be suffi- cient evidence of a violation of this article. And the holder of a certificate of registration of exemption prac- ticing optometry and having one or more places of busi- ness shall be equally liable for violations of this article by any apprentices or unlicensed employees. No person tions Optometry 197 practicing or offering to practice optometry shall pub- licly represent himself to be a doctor, or shall assume the title of doctor or use such title or any abbreviation thereof in his practice, unless the right to use the same has been conferred upon him by some duly authorized college or university, prior to the taking effect of this act. Any violation of a provision of this article shall be a misdemeanor and courts of special sessions shall have jurisdiction of all such violations, and any person violating any of the provisions of this article or any rule of the regents of the university relating to the practice of optometry and not inconsistent with the law shall be guilty of a misdemeanor and shall on con- viction thereof be punished by o fine of fifty dollars or by imprisonment for six months or both, or shall for- feit to the people of the state of New York the sum of fifty dollars, for each such offense. All prosecutions under this act shall be made by the attorney-general in the name of the people of the state and all fines and penalties may be paid to the board and such penalties may be sued for and recovered in the name of the people of the state in an action brought therefor by the attorney-general. All violations of this act when reported to the regents and duly substantiated by affidavits or other satisfactory evidence shall be investi- gated and if the report is found to be true and the evidence substantiated the regents shall report such violations- to the attorney-general and request prompt prosecution. The regents may appoint such inspectors as are necessary to be paid from the funds received under this act at such salaries as they may determine for the purpose of the investigation of such violations. (Am'd by L. 1913, ch. 498, and L. 1917, eh. 176, in effect April 14, 1917.) § 308. Construction of article. Nothing in this article shall be construed to apply to duly licensed physicians authorized to practice medicine under the laws of the 198 The Public Health Manual state of New York nor to persons who neither practice nor profess to practice optometry, who sell spectacles, eyeglasses or lenses either on prescription from such physicians or from such duly qualified optometrists, or as merchandise from permanently located and established places of business. ARTICLE XVI Preservation of life and health Section 310. Vaccination of school children. 311. Vaccination, how made; reports. 312. Regulating the sanitary condition of bath- ing establishments and the preservation of life at bathing places. 313. Examination and quarantine of children admitted to institutions for orphan, desti- tute or vagrant children or juvenile delin- quents. 314. Monthly examination of inmates and reports. 315. Beds; ventilation. 316. Cadavers. 317. Cadavers in certain counties. 318. Prescription of opium, morphine, cocaine and chloral ( 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. 321. Examination of sputum. 322. Protection of records. 323. Disinfection of premises. 324. Health officer to direct disinfection, cleans- ing or renovation. 325. Prohibiting occupancy until order of health officer is complied with. Preservation of Life axd Health 199 Section 326. Prohibiting carelessness of a person having tuberculosis. 326a. Control of dangerous and careless patients. 327. Protection of patient's family. 328. Providing that physicians shall make a complete statement of procedure and pre- cautions on a blank to be furnished by the health officer. 329. Penalty for failure of physician to perform duties or for making false reports. 330. Eeporting recovery of patient. 331. General penalty. 332. Application of provisions. 333. Like privileges in hospitals to be granted to matriculated students cf medical colleges. 334. Iron stairways on outside of hospital build- ings. § 310. Vaccination of school children* 1. A child or vaccma- person not vaccinated shall not be admitted or received sch00l into a school in a city of the first or second class. The children board, officers or other person having charge, manage- First and ment or control of such school shall cause this pro- li^ss^ cities vision 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 vaccina- tion 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 certifica- school authorities in charge of any school or schools in commis- such city or district, it shall become the duty of such sioner of health school authorities to exclude from such schools every * See § 25, p. 39, and Sanitary Code, Chap. II, Reg. 31, p. 319 200 The Public Health Manual Expense child or person who does not furnish a certificate from a duly licensed physician to the effect that he has successfully vaccinated such child or person with vaccine virus in the usual manner or that such child or person shows evidence by scar of a successful pre- vious vaccination. Whenever school authorities having the charge, management and control 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 municipality 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 pay- ment of additional compensation to health officers per- forming such viccination.* (Am'd by L. 1915, ch. 133, in effect March 30, 1915.) § 311. Vaccination how made; reports. 1. No per- tion, how son shall perform vaccination for the prevention of made i 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.f 2. No physician shall use vaccine virus for the pre- vention of smallpox unless such vaccine virus is pro- duced under license issued by the secretary of the treasury of the United States and is accompanied by a certificate of approval by the state commissioner of Vaccina- Only ap- proved virus to be used * So in original t Circular No. 12, 1918 edition, "Vaccination and the new Vac- cination Law " Preservation of Life axd Health 201 health, and such vaccine virus shall then be used only within the period of time specified in such approval. 3. Every physician performing a vaccination shall Report of within ten days make a report to the state commis- [; a o c n c s ina t ' sioner of health upon a form furnished by such com- state com - missioner missioner setting forth the full name and age of the of health person vaccinated and, if such person is a minor the name and address of his parents, the date of vaccina- tion, the date of previous voccination* if possible, the name of the maker of the vaccine virus and the lot or batch number of such vaccine virus. (Am'd by L. 1915, ch. 133, in effect March 30, 1915.) § 312. Regulating the sanitary condition of bathing Bathing establishments and the preservation of life at bathing estabiish- ments places. It shall be unlawful for any person to main- tain, either as owner or lessee, any bathing establish- ment 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 connection 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 water-closets properly provided with sani- tary 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 thoroughly 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 main- taining, 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 202 The Public Health Manual and strong manilla or hemp rope, not less than one inch in diameter anchored at some point above high water, at the same distance apart as the line3 of bathing houses, or space fronting on such beach occu- pied by him or them, is in width; and from 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 enclosing a space within such lines and the beach within which bathing is believed to be safe; and in addition thereto there shall be sufficient 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 promi- nent place upon the beach near such bathing houses the following words: "Bathing beyond the lines dan- gerous." Such lines so placedj 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 Preservation of Life axd Health 203 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 hundred feet in length, with a life-belt attached thereto, kept in good order and in 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 Life boats hundred bathers or more, said surf or life-boat shall guar a s 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 per- sons 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 re- covered 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 col- lected 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 204 The Public Health Manual Institu- tions for orphans, etc., ex- amination and quar- antine of children admitted persons maintaining the said bathing establishments, shall have kept the same open for the use 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 the 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 establish- ment thereof. Nothing in this section shall be con- strued in any way to affect any bathing establishments in any city or municipality, at which there is main- tained at public expense a life saving guard. § 313. Examination and quarantine of children ad- mitted to institutions for orphan, destitute or vagrant children or juvenile delinquents. Every institution in this state, incorporated for the express purpose of re- ceiving or caring for orphan, vagrant or destitute chil- dren or juvenile delinquents, except hospitals, shall have attached thereto a regular physician of its selection 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 law. The officer of every such institution upon receiving a child therein,, by commitment or otherwise, shall, before ad- mitting it to contact with the other inmates, cause it to be examined by such physician, and a written cer- tificate 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 communicated to other inmates and specifying the physical and mental condition of the child, the presence of any indication of hereditary or other constitutional disease, and any Institutions for Children 205 deformity or abnormal condition found upon the ex- amination 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, institu- Such physician shall at least once a month thoroughly monthly examine and inspect the entire institution, and report ™ min !" r ' r tion of in writing, in such form as may be approved by the inmates state board of health, to the board of managers or rep0 rts directors of the institution, and to the local board of the district or place where the institution is situated, Monthly its condition, especially as to its plumbing, sinks, water- 1 ^f^ t ^' closets, urinals, privies, dormitories, the physical con- tions and dition of the children, the existence of any contagious 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 suffi- cient 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 Action the improvement thereof as he may deem proper. Such £0^°^ boards of health shall immediately investigate any com- health plaint 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 dormi- Dormi- tory in such institution shall be separated by a passage- *°^ es ' way of not less than two feet in width, and so arranged tiiation that under each the air shall freely circulate and there 206 The Public Health Manual shall be adequate ventilation of each bed, and such dormitory shall be furnished with such means of venti- lation as the local board of health shall prescribe. In every dormitory six hundred cubic feet of air apace 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 permit by ventilation exist approved by the local board of health, bold of and a special permit in writing therefor be granted by health such board, specifying the number of beds or cubic air space which shall, under special circumstances, be al- lowed, 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. Cadavers § 316. Cadavers. The persons having lawful control and management of any hospital, prison, asylum, 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 con- ditions 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 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 conferred, 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 if desired for interment by relatives or friends within forty-eight hours after Institutions for Children 207 death, or if known to have relatives or friends without the assent of such relatives or friends; or of a person who shall have expressed a desire in his last illness that his body be interred, but the same shall be buried in the usual manner. If the remains of any person so delivered or received shall be subsequently claimed by any relative or friend, 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 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 or friend, and the facts and circumstances upon which the claim that he is such relative or friend is based, the expense of which affidavit shall be paid by the per- sons requiring 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 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 hereto- fore specified, and such undertakers and other persons having any such corpse in their possession, custody or control in the county where such college, school or university is situated, and in any other county in the state in which no medical college, school or university is situated, or in which no such medical college, school 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 or university whenever there is any corpse in their possession, custody or control, which may be delivered to a medical college, school or university under this section, and shall deliver the same to such coHege, school or university. If two or more medical 208 The Public Health Manual colleges, schools 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 or university who are pursuing courses of anatomy and surgery at the time of making the apportionment. 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 science and study, in accordance with the regulations of the local board of health where the college, school or uni- versity is situated. Every person neglecting to comply with or violating 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 benefit. (Am'd by L. 1913, ch. 335, in effect April 19, 1913.) cadavers § 317. Cadavers in certain counties. The governors, counties" 11 ^ ee P ers ^ wardens, managers, or persons having lawful control and management of any hospital, prison, alms- house, asylum, morgue or other receptacle for corpses not interred, in the counties of Onondaga, Oswego, Madi- son and Cortland, and the warden of the Auburn state prison, in the county of Cayuga, and every undertaker cr other person in the counties of 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 Cadavers 209 said counties of Onondaga, Oswego, Madison and Cort- land, 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 pro- fessors and teachers in every such college, school or uni- versity 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 de- livered or received of any person known to have rela- tives, 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 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 inter- ment, they shall be given up to such relative or friend for interment. Any person claiming any corpse or re- mains 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 cir- cumstances 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 requiring it. If such person shall refuse to make such affidavit, such corpse or remains shall not be delivered to him, but he 210 The Public Health Manual 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 pos- session, charge, custody or control, which may be deliv- ered 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 pro- visions 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 university with a suitable bookjfor 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 name 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 university furnishing the same and to the officers and agents of any other TUBEECULOSIS LAW 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 coun- ties are entitled to receive corpses from the same or from said adjoining counties, they shall receive the same in proportion to the number of matriculated students in each college. The professors and teachers in every col- lege, 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 regu- lations of the local board of health where the college, school or university is situated. Any person neglecting to comply with or violating any provision of this section, ehall forfeit and pay a penalty of twenty-five dollars for each and every such non-compliance 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-com- pliance with, or violation of, any provision, or provi- sions, of this section, to sue for and recover, in his name of office, the aforesaid penalty, and to pay over the amount so recovered, less the cost and expenses of the action, to the health board of said locality, for its use and benefit. § 318. Prescriptions of opium, morphine, cocaine and chloral. (Repealed by L. 1910, ch. 422. See herein article XXII of the Public Health Law.) § 318-a. Sale of hypodermic syringes and needles. (Repealed by implication. See herein article XXII, § 433 of the Public Health Law.) § 319. Consents requisite to the establishment of Estab- hospitals or camps for the treatment of pulmonary tuberculosis. A hospital, camp or other establishment camps, for the treatment of patients suffering from the disease tube'rcu- known as pulmonary tuberculosis, shall not be estab- *°^ in lishment hospitals, 212 The Public Health Manual Petition describ- ing site Notice of hearing Publica- tion of notice lished in any town by any person, association, corpora- tion or municipality except when authorized as pro- vided by this section. The person, association, corpo- ration or municipality proposing 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 describing the site in such town for such proposed hospital, camp or other establishment, 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 dis- approve the establishment of such hospital, camp or other establishment in accordance 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 specify- ing the date and place thereof and briefly describing the proposed site for such hospital, camp or other estab- lishment shall be mailed to the person, association, corporation or municipality proposing to establish the same and to the health officer and each member of the board of health of the town in which it is proposed to establish such hospital, camp or other establishment at least twenty days before the hearing, and also pub- lished 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 pursuance of law to publish the session laws. 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 Tuberculosis Law 213 they are able to agree, approve or disapprove of the . location thereof and shall notify the person, association, corporation or municipality of their determination. The Notmca- determination of the state commissioner of health, or ^"g^ 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 if unable within such thirty days notify the person, association, t0 agree corporation or municipality proposing to establish such hospital, camp or other establishment that they are un- able to agree. Within ten days after the receipt of such notice, such person, association, corporation or munici- Notice of pality may file in the office of the state commissioner of board 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 loca- tion 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, Decision or without a hearing, upon the evidence, papers and bearing documents 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 Notifica- health and cause a copy thereof to be mailed to the ^sion person, association, corporation or municipality propos- ing to establish such hospital, camp or other establish- ment and to the health officer of the town in which it is proposed to establish the same. Such determination Determ shall be final and conclusive. (Am'd by L. 1909, ch. 171 £*ai° n and L. 1916, ch. 291, in effect April 24, 1916.) § 320. Reports of tuberculosis by physicians and Tubercu- others. Tuberculosis is hereby declared to be an infec- l osis ? in " J fectious 214 The Public Health Manual and com- muni- cable Report- ing by physi- cians and others Report by institu- tion to health officer of munici- pality where patient resided within this state Report of apparent cases by nurses, teachers, etc. Registrar to report deaths tious and communicable disease, dangerous to the public health.* It shall be the duty of every physician in the state of New York, to report by telephone or in person or in writing on a form to be furnished as hereinafter provided, the name and address, of every person known by said physician to have tuberculosis, to the health officer of the city, town or village in which said person resides or may be, within twenty-four hours after such fact comes to the knowledge of said physician.! It shall also be the duty of the chief officer having charge for the time being of any hospital, dispensary, asylum or other similar private. or public institution to report the name, age, sex, color, occupation, -place where last employed if known and the previous address of every patient having tuberculosis who comes into his care or under his observation, within twenty-four hours there- after to the health officer of the city, town or village in which said patient resided immediately previous to admission to said institution; except that if such resi- dence be outside of the state of New York then such report shall be made to the state commissioner of health. Any physician, nurse, employer, teacher, head of a family, landlord, or other person may report in writing the name and address of any person coming under his observation who appears to be suffering from tubercu- losis! to the health officer of the city, town or village in which such person is, and the health officer shall thereupon take such steps as may be prescribed by the sanitary code provided the person making such report signs his own name and address thereon. Each registrar of vital statistics shall promptly report to the health officer the name and address of every per- son reported to him as having died§ from tuberculosis. * Sanitary Code, Chap. II, Reg. 1, p. 304 t Sanitary Code, Chap. II, Reg. 42, p. 325 % Sanitary Code, Chap. II, Reg. 42a, p. 325 | Sanitary Code, Chap. II, Reg. 42b, p. 326 Tuberculosis Law 215 The health officer shall ascertain whether such person Health has been previously reported as having tuberculosis by ° fflcer r J r ° •'to ascer- the physician signing the death certificate, and if it tain appears that such physician has not so reported such ^ 1 s e e the ^ i person, the health officer shall call the attention of reported such physician to the provisions of this section. In case of repeated violations of the provisions of this Viola - x x tions section by any physician the health officer shall report such repeated violations to the board of health or other local health authorities, who shall cause such steps to be taken as may be necessary to enforce the penalty provided for such violation. (Am'd by L. 1913, ch. 559; L. 1914, ch. 318 and L. 1918, ch. 370, in effect May 1, 1916.) § 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 Free microscopical examination of the sputum forwarded to examina- him as that of a person having symptoms of tubercu- tions losis, which shall be forwarded to such officer accom- panied by a blank giving name, age, sex, Color, occu- pation, place where last employed if known and address of the person whose sputum it is. It shall be the Health duty of said health officer promptly to make a report o fflcer J r xr j i i report of the results of such examination free of charge, to result to the physician or person upon whose application the fame is made. § 322. Protection of records. It shall be the duty ^ alth J officers of every health officer of a city, town or village to to keep cause all reports made in accordance with the pro- jolig 011 visions of section three hundred and twenty, and also register all results of examinations, 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 cus- todian. Such register shall not be open to inspection 216 The Public Health Manual Protec- tion of records Health officer to be notified vacation premises Health officer to visit premises Disinfec- tion at public expense 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 author- ized in the sanitary code.* (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 323. Disinfection of premises.! In case of the vaca- tion of any apartment 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 offi- cer 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 apartments 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 au- thorities determine that disinfection is sufficient to render them safe and suitable for occupancy, such * Sanitary Code, Chap. VII, Reg. 8, p. 358, and Reg. 14, p. 360 t Sanitary Code, Chap. II, Regs. 45-49, pp. 327-330 t Sanitary Code, Chap. II, Reg. 45, p. 327 Tuberculosis Law 217 apartments or premises together with all infected ar- ticles therein, shall immediately be disinfected by the health authorities at public expense, or provided, how- Except in ever, that in any locality which in the judgment of persons f ° r the state commissioner of health may be considered having a resort for persons having tuberculosis, such disinfec- losis tion 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 Cleansing determine that such apartments or premises are in vation e at need of thorough cleansing and renovation, a notice in ex P ense of ° ° ' owner or writing to this effect shall be served upon the owner agent 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 accord- ance 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 denning the methods and precautions to be observed in disinfecting, cleansing, or renovating premises under the provisions of this section. f In any case in which Expense the owner is liable for the expense of such disinfection, pr0 perty 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 disin- fected, 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. (Am'd by L. 1909, ch. 240; L. 1910, ch. 427 and L. 1913, ch. 559, in effect May 16, 1913.) t See Sanitary Code, Chap. II, Regs. 45 and 46, pp. 327-328 218 The Public Health Manual Occupancy of premises for- bidden Notice to be posted Careless patient declared to be guilty of a nuisance Complaint to health officer Health officer to investi- gate and serve notice § 325. Prohibiting occupancy until order of health officer is complied with„$ In case the orders or direc- tions of the local health officer requiring the disin- fection, cleansing or renovation of any apartments or premises or any articles therein as hereinbefore pro- vided, shall not be complied with within 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 upon 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 renovation has been complied with. This notice must not be removed under penalty of the law except by the health officer or other duly authorized official." § 326. Prohibiting carelessness of a person having tuberculosis. Any person 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 apart- ment, 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 per- sons 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 receiving such complaint to investigate and if it appears that the nuisance complained of is such as to cause offense or danger to any person occupy- ing the same room, apartment, 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 t Sanitary Code, Chap. II, Reg. 49, p. 329 Tuberculosis Law 219 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 Penalty for person failing or refusing to comply with orders or ^mpiy t0 regulations of the local health officer of any city, town witn ord er .„ . . , . . . , , . of health or village, requiring him to cease to commit such nui- officer sance, shall be deemed guilty of a misdemeanor and en conviction thereof shall be fined not more than ten dollars. § 326-a. Control of dangerous and careless patients, complaint Whenever a complaint shall be made by a physician offlcer to a health officer that any person is afflicted with anv ™ ga - rd \ ns „ «/ i j carrier infectious, contagious or communicable disease or is a or care- carrier of typhoid fever, tuberculosis, diphtheria or other patient 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 whom he may be associated to danger of infection, the health officer shall forthwith investigate the cir- cumstances alleged. If he shall find that any such person is a menace to others, he shall lodge a complaint Complaint against such person with a magistrate, and on such ffl cei ea t0 complaint the said person shall be brought before such ma s is - magistrate. The magistrate after due notice and a hearing, if satisfied that the complaint of the health Commit- ofiicer is well founded and that the person is a source ■■ carrier of danger to others, may commit him to a county ° r care " hospital for tuberculosis or to any other hospital or patient by institution established for the care of persons suffering ™ate S from any such disease or maintaining a room, ward or wards for such person. Such person shall be deemed to be committed until discharged in the manner author- ized in this section. In making such commitment the Provi- magistrate shall make such order for payment for the care and care and maintenance of such person as he may deem mainte - L J nance proper. The chief medical officer of the hospital or other institution to which any such person has been 220 The Public Health Manual Discharge .by chief medical officer Report to health officer and board of managers, of each patient dis- charged by Com- plaint chief medical officer to trate, of dis- orderly conduct of patient Commit- ment for six months, for dis- orderly conduct committed, upon signing and placing among the per- manent records of such hospital or institution a state- ment 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 liis 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 hos- pital 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 insti- tution 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 per- son for disorderly conduct and the magistrate, after a hearing and upon due evidence of such disorderly con- duct, 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 Tuberculosis Law 221 court having jurisdiction, for a review of the evidence Right of on which commitment was made. (Added by L. 1913, a PP eal ch. 559, in effect May 16, 1913.) § 327. Protection of patient's family. It shall be Duty of the duty of a physician attending a patient having officer tuberculosis to take all proper precautions and to give ^Y hei ! no proper instructions to provide for the safety of all cian is in individuals occupying the same house or apartment, and a nc e e n ~ r if no physician be attending such patient this dutv shall fails t0 , ," ox j perform devolve upon the local health officer, and all duties im- duties posed upon physicians by any sections of this article shall be performed by the local health officer in all cases 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 com- Blanks plete statement of procedure and precautions on a blank phy n s 1 f- hed to be furnished by the health officer. It shall be the ^ ians by » . - - health duty of the local health officer to transmit to a phy- officer sician reporting a case of tuberculosis as provided in section three hundred and twenty, a printed statement and report, in a form approved by the state commis- sioner of health, naming such procedure and precautions as in the opinion of the said commissioner are necessary or desirable to be taken on the premises of a tubercu- losis patient. The state department of health shall Blanks print an ample supply of such statements and reports health and furnish the same in sufficient numbers to health °?° ers by SLcLlG officers for all physicians. Upon receipt of such state- depart- ment and report the physician shall either cany into effect all such procedure and precautions as are therein prescribed, and shall thereupon sign and date the same and return it to the local health officer without delay, or, if such attending physician be unwilling or unable to carry into effect the procedures and precautions speci- fied, he shall so state upon this report and immediately return the same to the local health officer and the duties 222 The Public Health Manual When phy- sician unwilling to care for case, duty falls upon health officer, who receives fee Fee to phy- sician unless salaried officer Health officer may require addi- tional pre- cautions Visits by public health nurse therein prescribed shall thereupon devolve upon said local health officer who shall receive the fee hereinafter provided as payment of the services of the physician if he comply with the duties herein prescribed. Upon the receipt of this statement and report the local health officer shall carefully examine the same, and if satisfied that the attending physician has taken all necessary and desirable precautions to insure the safety of all persons living in the apartments or premises occupied by the persons having tuberculosis, the said local health officer shall issue an order upon the treasurer of the city, town or village in favor of the attending physician, except where such physician is employed by and re- ceives a salary from the state of New York, or is em- ployed by and receives a salary from a hospital, sana- torium, or other similar private or public institution in the state of New York, for the sum of one dollar thereupon to be paid out of a fund which shall be pro- vided by said city, town or village. But no such pay- ment shall be made to any physician for reporting cases of tuberculosis elsewhere than in the city, town or vil- lage where such patient resides. If the precaution taken or instructions given by the attending physician are, in the opinion of the local health officer, not such as will remove all reasonable danger or probability of danger to the persons occupying the said house or apart- ments or premises, the local health officer shall return to the attending physician the . report with a letter specifying the additional precautions or instructions which the health officer shall require him to take or give; and the said attending physician shall immedi- ately take the additional precautions and give the addi- tional instructions specified and shall record and return the same on the original report to the local health officer. A health officer shall have authority to cause all reported cases of tuberculosis within his jurisdic- tion to be visited from time k> time by a public health Tuberculosis Law 223 nurse. In every case in which a physician reporting Nurse the case has elected to carry into effect the procedure g" d g r r vl . and precautions required by this section, the public sion of in i n t j- i physician health nurse shall act under the direction and super- vision of the physician. It shall further be the duty of the health officer -to transmit to the physician report- ing any case of tuberculosis a printed requisition, to be supplied by the state commissioner of health, and issued in sufficient number to health officers to supply physicians. Upon this requisition blank shall be named Requisi- the materials kept on hand by the local health officer b i an k S for for the prevention of the spread of tuberculosis and it suppifes shall be the duty of the local health officer to supply such materials as may be specified in such requisition. Any physician may return a duly signed requisition to the local health officer for such of the specified materials and in such amount as he may deem necessary to aid him in preventing the spread of the disease, and all local health officers shall honor, as far as possibfe, Health the requisition signed by the attending physician in f urn ^ h such case. It shall be the duty of every local health materials officer to transmit to every physician reporting any sicians case of tuberculosis, or to the person reported as suffer- ing from this disease, provided the latter has no attend- ing physician, a circular of information approved by Health the state commissioner of health and which shall be officer t0 supply provided in sufficient quantity by- the local health au- circular of thorities. This circular of information shall inform tion re "_ ' the consumptive of the best methods of treatment of g ardin s L tubercu- his disease and of the precautions necessary to avoid losis transmitting the disease to others. (Am'd by L. 1909, ch. 426; L. 1911, ch. 490, and L. 1913, ch. 559, in effect May 16, 1913.) § 329. Penalty for failure of physician to perform penalty for false state- ment or duties or for making false reports. Any physician or person practicing as a physician who shall wilfully reports make any false statement concerning the name, age, sex, 224 The Public Health Manual Recovery of tuber- culosis patient to be reported health officer Penalties for viola- tions New York city excepted Privi- leges to matricu- lated students medical colleges of 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 infec- tion, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to a fine of not more than one hundred dollars. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.) § 330. Reporting recovery of patient. Upon the re- covery 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 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 sec- tion 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. (Am'd by L. 1909, ch. 240, in effect April 22, 1909.) § 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 state, shall grant to matriculated students of any legally incorporated medi- cal college in said city or county, privileges of admission Tuberculosis Law 225 to such hospital for hearing clinics or lectures, or re- ceiving medical or surgical instruction therein, the like privileges and advantages shall be granted to the ma- triculated 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 to all. Nothing in this sec- tion shall prevent the managers of hospitals from limit- ing the attendance of students in such hospitals to ft 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 buildings. Fire All hospital buildings used for general hospital pur- hospital f ° r poses, or hospitals or asylums for the insane, or any buildings hospital buildings which are more than two stories high, other than those which are fireproof in their con- struction, shall have properly constructed iron stairways on the outside thereof, with suitable doorways leading thereto from each story above the first, for use in case of fire. It shall be the duty of the trustees, managers, owners or proprietors of such hospitals or asylums to cause such stairways to be constructed and maintained. If the trustees or owners of any hospital as herein de- scribed, except those owned and maintained by a city, a county, or the state, shall fail to provide such stairways before the first day of October, eighteen hundred an'l ninety-six, then the local authorities shall proceed to erect such stairways, and the cost thereof may be recov- ered by an action at law from the property of said hospital. The district attorney of each county is hereby charged with the execution of this statute, except in the case of hospitals erected or maintained by the state, city or by a county. 8 226 The Public Health Manual Excepting fire proof buildings The provisions of this section shall not apply to any institution in any of the cities or counties of this state, which the fire department of said city or district attor- ney of the county shall certify in writing to be fire- proof to an extent which will not require the appliances and fixtures provided for in this section. The certificate exempting institutions from the operations of this sec- tion shall be filed during the month of January in each year, in the office of the county clerk of the county. ARTICLE XVI-A* Cold storage (Added by L. 1911, ch. 335, in effect June 15, 1911) Section 335. Definitions. 336. Cold storage food to be marked. 336-a. Licenses to be secured. 337. Time that cold storage food may be kept. 338. Powers of state commissioner of health. 338-a. Food to be condemned. 339. Reports of warehousemen. 339-a. Transfers from one warehouse to another. 339-b. Prohibits return of food to cold storage when once released for purpose of plac- ing same on market for sale. 339-c. Prohibits sale of food kept in cold storage without representing said fact. 339-d. Penalties. § 335. Definitions. The term food as used in this article shall include any article, except nuts, fruits, cheese and vegetables, used for food by man or animal and every ingredient of such article. § 336. Cold storage food to be marked. It shall here- food °to be after be unlawful for any person or persons, corporation marked or cor p 0ra ti onS) engaged in the business of cold storage warehousemen or in the business of refrigerating, to re- * To be enforced by Department of Farms and Markets under Farms and Markets Law, § 100, p. 448 Food denned Cold storage Cold Storage 227 ceive any kind of food unless the said food is in an appa- rently pure and wholesome condition, and the food or the package containing the same is branded, stamped or Marking marked, in some conspicuous place, with the day, month i^eived and year, when the same is received in storage or refrigeration. It shall be unlawful for any person or persons, corpo- ration or corporations, engaged in the business of cold storage warehousemen or in the business of refrigerating to permit any article of any kind whatsoever used for food in the possession of any person or persons, corpo- ration or corporations, engaged in the business of cold storage warehousemen or refrigerating, to be taken from their possession without first having branded, stamped or marked on said food stuffs or the package containing same, in a conspicuous place, the day, month and year, Marking when said food stuffs or package was removed from cold ™^o Ved storage or refrigeration. It shall also be unlawful for any person or persons, corporation or corporations, to offer for storage in a cold storage warehouse or to place in storage in a cold storage warehouse any article of food unless the same is Food t0 be in pure in an apparently pure and wholesome condition. (Am d and whoie- by L. 1914, cK414, in effect April 17, 1914.) s ™ e n CCIi " § 336-a. License to be secured. On and after the L iC ense first day of October, nineteen hundred and thirteen, no rec i uirecl person or persons, firm, corporation or corporations other than those engaged solely and exclusively in the business of storing nuts, fruit, cheese or vegetables only, shall operate a cold storage or refrigerating warehouse without a license to be issued by the state department of health. Any person or persons, firm, corporation or Appiica- corporations desiring such a license shall make written tlon application to the department on or before the first day of September, nineteen hundred and thirteen, stating the location of its plant or plants. On receipt of the Examina- application the department shall cause an examination 228 The Public Health Manual License fee Renewal oi license Renewal license fee Closing of warehouse or sus- pending of license to be made into the sanitary condition of such plant or plants and if they are found to be in a sanitary con- dition and otherwise properly equipped for the business of cold storage, the department shall cause a license to be issued authorizing the applicant to operate a cold storage or refrigerating warehouse for and during the period of one year. The license shall be issued upon payment by the applicant of a license fee of twenty-five dollars to the state treasurer. On or before the first day of September in each subsequent year all person or persons, firm, corporation or corporations, engaged in the business of cold storage or refrigerating ware- housing, shall make a renewal application to the state department of health, stating the location of its plant or plants. If the state department of health is satisfied that the plant or plants continue in a sanitary con- dition and are otherwise properly equipped for the busi- ness of cold storage, the department shall on or before the first day of October in each subsequent year issue a renewal license for one year on the payment of the license fee of twenty-five dollars. Should any person or persons, firm, corporation or corporations, desire to begin the business of cold storage or refrigerating ware- housing after the first day of October, nineteen hundred and thirteen, it or they shall file an application with the state department of health stating the location of its plant or plants, and the state department of health after an examination on payment of the license fee may then issue a license to such applicant, for a period up to and including the first day of October next fol- lowing. In the event that any warehouse licensed under the provisions of this section, or any portion thereof, shall be deemed by the state department of health to be conducted in an unsanitary manner, it shall be the duty of the department to close such warehouse, or portion thereof, until it shall be put in satisfactory condition, and the department shall have power also to Cold Storage 229 suspend the license in case the needed changes shall not be made within a reasonable time. (Added by L. 1913, ch 560, in effect May 16, 1913.) § 337. Time that cold storage foods may be kept. It Time that cold shall hereafter be unlawful for any person, corporation storage or corporations, engaged in the business of cold storage b ° e od k ep ™ ay warehousemen or refrigerating, or for any person placing food in a cold storage warehouse, to keep in stor- age for preservation or otherwise any kind of food or any article used for food a longer period than twelve calendar months. (Am'd by L. 1914, ch. 414, and L. 1918, ch. 433, in effect May 2, 1918.) § 338. Powers of state commissioner of health. The Powers of sts+G com - state commissioner of health is hereby vested with full m i SS ioner power and authority to inspect and supervise all places of health in this state now used or hereafter to be used for cold storage or refrigerating purposes; the state commis- sioner of health or his duly authorized agents or em- ployees shall be permitted access to such place or places Right of and all parts thereof at all times for the purpose of seeing that said place or places are kept and maintained in a clean and sanitary manner, and for the purpose of determining whether or not the provisions of this article or any other act relating to food stuffs are being com- plied with. The commissioner of health shall have the power by subpoena or subpoena duces tecum, issued and attested by him in his official capacity to require the attendance and testimony before him, or the deputy commissioner,, of any person who he may have reason May issue to believe has knowledge of any alleged violation of this su poenas article, and the production before him, or the deputy commissioner, of any records, books, papers and docu- ments for the purpose of investigating any alleged vio- lation of this article. Such subpoenas or subpoenas duces tecum may be served by any person over the age of twenty-one years. No person shall be excused from attending and testifying or producing any records, books, 230 The Public Health Manual papers or other documents before said commissioner of health, or the deputy commissioner, upon such investiga- tion upon the ground or for the reason that the testi- mony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing con- cerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any crimi- nal action, investigation or proceeding. Any person who shall omit, neglect or refuse to attend and testify or to produce any records, books, papers or documents, if in his power so to do, in obedience to such subpoena or subpoena duces tecum shall be guilty of a misdemeanor. False Any person who shall wilfully and knowingly make any ments false statement under oath before the commissioner of health, or the deputy commissioner, concerning a mate rial matter shall be guilty of perjury. The commissioner of health and the deputy commissioner are hereby au- thorized and empowered to administer oaths and affir- mation in the usual appropriate forms to any person in any matter or proceedings authorized as aforesaid and in all matters pertaining or relating to this article and to take and administer oaths and affirmations in the usual appropriate forms, in taking any affidavit or deposition which may be necessary or required by law or by any order, rule or regulation of the commissioner of health for or in connection with the official purposes, affairs, powers, duties or proceedings of said commis- sioner of health, or the deputy commissioner, or for any official purpose lawfully authorized by said commissioner of health. The power of supervision hereby granted shall extend to enable the state commissioner of health Rules ana to adopt such reasonable rules and regulations as may tions la " be determined upon from time to time as essential to Cold Storage 231 the proper protection of the consumer of the commodi- ties kept and preserved in such place or places, and the state commissioner of health may appoint and designate from time to time such person or persons as he deems fit for the purpose of making such inspections. (Am'd inspec- by L. 1914, ch. 414, in effect April 17, 1914.) tors § 338-a. Food to be condemned. The state commis- Food to be sioner of health may seize and condemn any articles of ^ on " ned food in cold storage warehouses which are found to be unfit for use and such articles of food shall be de- stroyed or otherwise disposed of under such conditions as the state commissioner of health may prescribe. (Added by L. 1913, ch. 560, in effect May 18, 1913.) § 339. Reports of warehousemen. All persons or Reports of corporations engaged in the business of cold storage ^ a Js e " men warehousemen, or in the business of refrigerating, shall t0 com - i ii . missioner submit reports to the state commissioner of foods and of foods markets, upon printed forms to be provided by such Markets commissioner, setting forth in itemized particulars the quantity of each and every food stuff in storage or in the control of said person or persons, corporation or corporations; said report shall be filed on or before the fifth day of each month, and reports so rendered shall show conditions existing upon the first day of the month in which said repoKt is filed. (Am'd by L. 1918, ch. 433, in effect May 2, 1918.) § 339- a. Transfers from one warehouse to another. Transfers The transfer of any food from one cold storage or from one " & ware- refrigerating warehouse to another for the purpose of house to evading any provisions of this article is hereby pro- hibited. § 339-b. Prohibits return of food to cold storage „ *» Food not when once released for purpose of placing same on mar- to be re- ket for sale. When food has been in cold storage or t^™ refrigeration and is released therefrom for the purpose stora s e of placing the same on the market for sale it shall 232 The Public Health Manual Sale of food kept in cold storage without represent- ing said fact pro- hibited Penalties be a violation of the provisions of this article to again place such food in cold storage or refrigeration. § 339-c. Prohibits sale of food kept in cold storage without representing said fact. It shall be a violation of the provisions of this article to sell any article or articles of food that have been kept in cold storage or refrigeration, without representing the same to have been so kept. § 339-d. Penalties. Any person or persons, corpora- tion or corporations, or officer or officers thereof, vio- lating any of the provisions of this article shall be guilty of a misdemeanor. The conviction of any cor- poration shall not operate to relieve any officer or of- ficers, agents or employees of such corporation from prosecution under the provisions of this article. ARTICLE XVII Pasteur institute and the prevention of hydrophobia Section 340. Persons to be sent to Pasteur institute, and by what officers. 341. Transportation, sustenance and treatment. 342. Charges for services of Pasteur institute. 343. Inspection of the institute. (Article repealed by L. 1917, ch. 110, in effect March 30, 1917.) ARTICLE XVII-A Cleanliness in the preparation- and service of food (Added by L. 1913, ch. 552, in effect Sept. 1, 1913; Section 343-a. Cleanliness in the preparation and service of food. 343-b. Powers of the state commissioner of health. 343-c. Penalties. Cleanliness in Prepakation and Service of Food 233 § 343-a. Cleanliness in the preparation and service of Prepara- food. A person or corporation engaged in the prepara- service of tion and sale of food in any hotel, public restaurant, food public dining-room, dining-car or steamboat in this state or an officer of any public, penal or charitable institution in this state, shall not use in the prepara- tion or service of any food utensils, dishes, or other containers which have not been previously cleansed in a sanitary manner. In such cleansing the use of water which has become unsanitary by previous use is pro- hibited. § 343-b. Powers of the state commissioner of health, inspec- The state commissioner of health is hereby vested S u°p er . an ' with full power and authority to inspect and supervise vision all public places in this state above enumerated in which food is prepared, sold or served. Such commis- sioner or his duly authorized agents or employees shall be permitted access to the kitchens of all hotels, public ^f^ance* restaurants, public dining-rooms, dining-cars and steam- and in- boats in this state and to the kitchens of all public, penal and charitable institutions in this state for the purpose of ascertaining whether the provisions of this article are being observed and he may adopt such rules re g U ia- and regulations as may be determined upon from time tlons to time for the proper enforcement of this article. The state commissioner of health may appoint and designate from time to time persons to make the inspections au- Ins P ec - r x tors thorized by this article. § 343-c. Penalties. Any person or corporation, or offi- Penalties cer thereof, violating any of the provisions of this arti- cle 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 prosecu- tion under the provisions of this article. 234 The Public Health Manual ARTICLE XVII -A* Suppression of certain nuisances (Added by L. 1914, ch. 365, in effect April 14, 1914) Section 343-a. Nuisance denned. 343-b. Action to enjoin nuisance. 343-c. Jurisdiction and procedure. 343-d. Trial of action. 343-e. Discontinuance of action; substitution. 343-f. Costs. 343-g. Permanent injunction. 343-h. Violation of injunction. 343-i. Effect if portion of article unconstitu- tional. Houses of prostitu- tion declared nuisance Action enjoin nuisance to § 343-a.f Nuisance defined. For the purpose of this article any house, building, place or any separate part or portion thereof, or the ground itself, in or upon which assignation or prostitution is conducted, practiced, permitted, carried on or exists is declared a nuisance, and whoever knowingly shall erect, establish, permit, continue, maintain, own, lease or sublease any house, building, erection, place or any separate part or portion thereof, used for such purposes, shall be guilty of main- taining a nuisance. § 34)3^4 Action to enjoin nuisance. When a nuisance is created, conducted, kept, maintained, permitted or exists in any county, the district attorney of the county, any taxpayer residing in the immediate neighborhood of the alleged nuisance, or any domestic corporation organ- ized for the suppression of vice, subject to or which submits to visitation by the state board of charities, and possesses a certificate from such board of such fact and * Two articles have been numbered XVII- a by the Legislature t Two sections have been numbered 343-a by the Legislature J Two sections have been numbered 343-b by the Legislature Suppression of Certain Nuisances 23 of conformity with its regulations, may maintain an action in the name of the people of the state of New York, upon the relation of such taxpayer, corporation or district attorney, to perpetually enjoin such nuisance by any owner, agent, lessee, occupant or employee, of the house, building, erection, place or any separate part or portion thereof or ground, in or upon which such nuisance is alleged to be conducted, kept, permitted or exists. § 343-c.f Jurisdiction and procedure. Such action shall Jurisdic- be brought in the supreme court of the county in which pro . the- property is situated. At or before the commence- cedure ment of the action a complaint alleging the facts con- stituting the nuisance shall be filed in the office of the clerk of the county, together with a notice of the pend- ency of the action, containing the names of the parties, the object of the action and a brief description of the property affected thereby. Such notice shall be imme- diately recorded by the clerk in accordance with the provisions of section sixteen hundred and seventy-two of the code of civil procedure. After the filing of the complaint, application for a temporary injunction may be made to the supreme court or a judge thereof who shall grant a hearing thereon if satisfied of the good faith of the application and shall direct the service upon the owner, agent or occupant of the property in or upon which a nuisance is alleged to exist, of a copy of the complaint, together with a notice of the time and place of the hearing of the application. Such notice shall be served at least five days before the hearing. If Hearing the hearing be continued at the instance of the defend- ant, a temporary injunction restraining any person from continuing such nuisance shall issue as a matter of course. If upon the hearing, the allegations be sus- tained to the satisfaction of the court or judge, such " ! " Two sections have been numbered 343-c by the Legislature 236 The Public Health Manual court or judge shall issue a temporary injunction, with- out bond, restraining any person from continuing the nuisance. § 343-d. Trial of action. The action for the permanent injunction shall be triable at the term of the supreme court immediately following the issuance of the tem- porary injunction as provided in this article. In such action evidence of the common fame and general reputa- tion of the place, of the inmates thereof, or of those resorting thereto, shall be competent evidence to prove the existence 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. § 343-e. Discontinuance of action; substitution. If the action be commenced by a taxpayer it shall not be discontinued, except upon the sworn statement of the relator, or his attorney, stating the reason why the action should be discontinued, and no application for discontinuance shall be granted nor shall the action be dismissed upon default, unless approved in writing or in open court by the ' district attorney of the county wherein the action is pending. If the court rejects the application for discontinuance, it shall direct the district attorney to prosecute such action to judgment. If any such action be continued more than one term of court, any taxpayer or the district attorney of the county wherein the action is pending may, on order of the court, be substituted for the relator, and prosecute such action to judgment. § 343-f. Costs. If the action be brought by a tax- payer or a corporation and the court finds that there were no reasonable grounds for such action, the costs thereof shall be taxed against the relator. § 343-g. Permanent injunction. If the existence of the nuisance be established upon the trial, a judgment shall be entered which shall permanently and perpetually /Regulation of Certain Contagious Diseases 237 enjoin the defendant or defendants and any other owner, agent, lessee, occupant or employee from conducting, keeping, maintaining, permitting or continuing the nuisance complained of on the premises in or on which the nuisance was maintained. § 343-h. Violation of injunction. A violation of a violation judgment entered under this article shall constitute a ° un( !"io n contempt of court punishable by imprisonment for not less than ten days nor more than twelve months. If there be a violation of such judgment, an order shall issue directing the closing and vacating of the premises and enjoining the use thereof for not less than thirty days nor more than one year from the entry of the order and the court or judge shall direct the sheriff to enforce such order and shall allow him a reasonable fee, which shall be a lien upon the premises. A person who breaks, enters or uses any house, building, erection, place or any separate part or portion thereof, or ground vacated or closed in accordance with this article, except for the purpose of removing personal property and trade fixtures owned by or mortgaged to such person, or the corporation, association, or partnership represented by such person, shall be guilty of contempt of court punish- able as provided in this section. § 343-i. Effect if portion of article unconstitutional, constitu- If any part of this article be held unconstitutional the constitutionality of the other parts thereof shall not be affected or impaired. ARTICLE XVII-B Regulation of certain contagious diseases* (Added by L. 1918, ch. 264, in effect April 17, 1918) Section 343-m. Suspected persons. 343-n. Convicted persons. 343-o. Treatment required. * See Chap. 342, Laws of 1918, p. 301, establishing a bureau of venereal diseases tionality 238 The Public Health Manual Sus- pected persons Medical examina- tion by health officer or other physician Order re- straining examina- tion Section 343-p. Free treatment for indigent persons. 343-q. Treatment only by physicians or on their prescriptions. 343-r. Reports and information confidential. 343-s. Penalties. 343-t. Definitions. § 343-m. 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 infec- tion 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, pro- vided, 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 certiiica/te 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 in- formed of this right and be given an opportunity to avail himself or herself thereof. Regulation of Certain Contagious Diseases 239 § 343-n. Convicted persons. Every person convicted Convicted of vagrancy under subdivision three or four of section reported eight hundred and eighty-seven of the code of criminal author- 11 procedure* or under section one hundred and fifty of ties for examina- the tenement house lawj or under any statute or ordi- tion nance for any offense of the nature specified in sub- division four of section eight hundred and eighty-seven of the code of criminal procedure, or any person con- victed of frequenting disorderly houses or houses of prostitution, shall be reported by the court or magis- trate before whom such conviction is had to the board of health or health officer of the health district in which the offense occurred, and shall not be released from the jurisdiction of such court or magistrate until the person so convicted has been examined as provided for in the preceding section. § 343-o. Treatment required. Every person who, by infected the examination as provided for in section three hun- conform dred and forty-three-m, is found to be suffering from, t0 rules J ' ° and regu- or infected with any infectious venereal disease, shall lations be required by the board of health, or the health officer of the district in which such person resides, to conform to all the rules and regulations made and approved by such board of health or health officer for persons so diseased, such rules and regulations, except as to the city of New York, to be first approved by the state Rules and department of health. Such rules and regulations shall tions provide that such person shall submit to a prescribed approved course of treatment by a duly licensed physician, en- depart- gaged by the infected person, who has been approved health by such board of health, health officer or the state de- partment of health. Such rules and regulations may Treat- provide for the isolation and treatment of persons so Squired infected and the local board or health officer shall in that case define the place and limits of the area within * See page 399 t See page 542 240 The Public Health Manual Isolation may be required Free treat- ment for indigent persons, at expense of district Treat- ment tonly by li- censed phy- sicians or on their prescrip- tions Prescrip- tion re- tained and filled but once Reports and in- formation confidential Penalties which such person shall be isolated, and the conditions under which such isolation and treatment shall be termi- nated. Any of such rules and regulations may be re- viewed in the courts and tested as to reasonableness in a proceeding instituted by any person directed to con- form therewith pursuant to this article. § 343-p. Free treatment for indigent persons. Any person who is suffering from a venereal disease in an infectious stage and who is unable to pay for treat- ment may make application for care and treatment to the board of health of the health district in which such person resides and such board shall promptly institute treatment. If such board or health officer after investi- gation finds that such person is in fact unable to pay for such treatment, such treatment shall be continued for such perseon without cost at the expense of the said district. § 343-q. Treatment only by physicians or on their prescriptions. No person, other than a licensed physi- cian, shall treat or prescribe for a case of venereal disease, or dispense a drug, medicine or remedy for the treatment of such a disease except on prescription of a duly licensed physician. Such prescription shall be retained by the person dispensing such drug, medicine or remedy, and no copy of such prescription shall be made by or delivered to any person, and such prescrip- tion shall be filled but once. § 343-r. 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 neces- sary to carry out the purposes of the article. § 343-s. Penalties. Any person .who shall violate any of the provisions of this article or any rule or regula- tion made and approved under the provisions of section three hundred and forty-three-o shall be guilty of a misdemeanor. Any person who, knowing himself or State Institute foe Study of Malignant Disease 241 herself to be infected with venereal disease, such as chancroid, gonorrhea or syphilis, in any of the varia- tions 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. § 343-t. Definitions. The term "health district" as "Health used in this article shall mean a city, town, village or district " J • ° defined consolidated health district having a separate board of health, ARTICLE XVIII State institute for the study of malignant disease (Added by L. 1911, ch. 128, in effect May 10, 1911) Section 344. Establishment of institute. 345. Management and control; board of trustees. 346. Objects and purposes of the institute. 347. Director of the institute. § 344. Establishment of institute. There shall be gtate In _ established in the city of Buffalo an institute, to be f, titu *t f or J ' the Study known as the state institute for the study of malignant of Maiig- disease, for the objects and purposes hereinafter set disease forth. § 345. Management and control; board of trustees. Manage- The general management and control of said institute J^mtroi" 1 shall be vested in a board of trustees consisting of seven members, one of whom shall be the state commissioner of health, ex officio. The remaining members shall, as often as the positions of the several original members constituted by the act of which this article is a part, become vacant, be appointed by and may be removed at the pleasure of the governor. Said trustees shall serve Bo ard of without compensation, and said board shall meet quar- trustees terly and shall hold an annual meeting in November to receive the annual report of the director and to prepare for transmission to the legislature its report upon the work of the preceding year. The board shall audit the 242 The Public Health Manual Objects and pur- poses of institute Gifts to institute Director of institute annual expenses of the institute and appoint the director. The board of trustees shall, within the limits of the annual appropriation made therefor, fix all sal- aries of officers and employees of the institute and authorize all disbursements. The board may meet any time on the call of the chairman and shall be allowed necessary traveling expenses in attending the fixed meetings or any special meetings. At least two of the trustees shall be residents 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. Objects and purposes of the institute; gifts to institute in aid thereof. The institute shall conduct investigations into the cause, nature, mortality rate, treatment, prevention and cure of cancer and allied diseases, and may receive in its hospital for study, experimental or other treatment, cases of cancer and allied diseases free of charge. It shall publish from time to time the results of its investigations for the benefit of humanity and shall from time to time collect its publications into the form of 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 vio- lation of the conditions *of the grants made under the provisions of which this article is a part. The institute may receive gifts, legacies and bequests, and use the same in such manner as the board of trustees may deter- mine for the advancement of its objects and purposes. (Am'd by L. 1913, ch. 91, in effect March 20, 1913.) § 347. Director of the institute. A director of the institute shall be appointed by the board of trustees and shall serve until his successor shall have been duly appointed and qualified. He shall be a trained scientist and shall have sole executive direction of the work of the institute. He shall appoint all members of the staff, State Institute for Study of Malignant Disease 243 subject to the approval of the board of trustees, and he shall appoint and dismiss at will all other employees of the institute. § 2. The sum of sixty-five thousand dollars ( $65,000 ) , Appropria- or so much thereof as may be needed, is hereby appro- building priated out of any money in the treasury not otherwise ancl ^un- appropriated, for the purpose of constructing and equip- ping a suitable building for a state hospital for research purposes, as hereinafter particularly described, upon ground adjoining the Gratwick laboratory at Buffalo, New York; such hospital and the Gratwick laboratory building shall be used by and for the state institute for the study of malignant disease, established by article eighteen of the public health law, as added by this act, • but the laboratory building shall continue to be known as the Gratwick laboratory. Before any part of such appropriation shall be or become available, the land on which the hospital building provided for in this act is to stand, consisting of the plot adjoining the Gratwick laboratory on the -west, extending about one hundred and fifty feet to the corner of Oak street, with a depth of about one hundred and seventy-nine feet, shall be con- veyed to the people of the state by the owners thereof, and the conveyance approved as to form and manner of execution by the attorney -general ; and the land upon which the Gratwick laboratory stands, together with the building thereon, and all of its appointments and equip- ment (heretofore for the purpose of medical research provided for the use of the state by Mrs. William H. Gratwick of Buffalo, New York), shall be by like deed, similarly approved, conveyed to the people of the state. The deeds may contain a condition that the grant is made subject to the agreement on the part of the state that there shall be thereafter maintained thereon an institute for the study of malignant and allied diseases, according to the provisions of this act and that upon the determination by the legislature that such institute shall 244 The Public Health Manual be no longer maintained at the expense of the state, all of such land with all buildings and improvements thereon and equipment therein shall revert to the university of Buffalo, its successors or assigns, but in that case such reversion to the university of Buffalo shall not include the hospital building except upon the payment by the university of Buffalo to the state of the then duly appraised value of the hospital building. Board of § 3. The original members, other than the state corn- trustees, missioner of health, of the board of trustees of the state member- ' ship institute for the study of malignant disease, as estab- lished by section three hundred and forty-four of the public health law, as added by this act, shall be the fol- lowing persons: Roswell Park, M. D., Buffalo, who shall be chairman ; William H. Gratwick, Buffalo ; Charles • Gary, M. D., Buffalo; John G. Milburn, New York; Frederick C. Stevens, Attica, New York; Charles S. Fairchild, New York. § 4. The amount hereby appropriated shall be paid by the treasurer upon the warrant of the comptroller upon vouchers approved as hereinafter provided. The plans and specifications for the building herein provided for shall be prepared or approved by the state architect and he may, with the approval of the board of trustees of the institute, employ an architect or architects to pre- pare the plans and specifications and to locally supervise the work of construction herein provided. All plans and specifications shall be subject to the approval of the director of said institute, appointed as provided by sec- tion three hundred and forty-seven of the public health law, as added by this act, and of its board of trustees. The work under this act shall be done by contract except work which in the opinion of the comptroller and the state architect can be done in whole or in part more advantageously by the employment of labor and the purchase of material in the open market. All expendi- tures under this act shall be made in pursuance of the Operations for Prevention of Procreation 245 estimates or pursuant to contracts the form of which ehall be prescribed by the state architect. The estimates shall be made to the comptroller in the usual form by the board of trustees of said institute. Where the work estimated for is upon drawings and specifications of the state architect, the estimates shall be subject to his approval also. No item of such appropriation shall be available except for necessary advertising and the prepa- ration of plans until a contract or contracts for the completion of the structure authorized to be erected within the appropriation shall be made. All contracts greater in amount than one thousand dollars shall have the performance thereof secured by a sufficient bond or bonds to be approved by and filed with the comptroller. In the case of any Work which shall amount to less than one thousand dollars covered by contract, no surety bond shall be required, provided payment is to be made only after the work has been satisfactorily completed. All payments on contracts shall be made on the certificate of' the state architect and the voucher of the board of trustees of said institute after audit of the state comp- troller. ARTICLE XIX Operations for the prevention of procreation (Added by L. 1912, ch. 445, in effect April 16, 1912) Section 350. Board of examiners; compensation and ex- penses. 351. General powers and duties of the board; persons to be operated upon. 352. Appointment of counsel to persons to be operated upon. 353. Unauthorized and illegal operations. § 350. Board of examiners; compensation and expenses. e x am iners Immediately after the passage of this act, the governor «***- shall appoint one surgeon, one neurologist and one prac- criminals other titioner of medicine, each with at least ten years defectives 246 The Public Health Manual Examina- tions experience in the actual practice of his profession, for a term of five years, to be known as the board of exam- iners of feeble-minded, criminals and other defectives, which board is hereby created. The compensation of the members of such board shall be ten dollars per diem for each day actually engaged in the performance of the duties of the board, and their actual and necessary traveling expenses. Any vacancies occurring in said board shall be filled by appointment of the governor for the unexpired term. § 351. General powers «ind duties of the board; per- sons to be operated upon. It shall be the duty of the said board to examine into the mental and physical con- dition and the record and family history of the feeble- minded, epileptic, criminal and other defective inmates confined in the several state hospitals for the insane, state prisons, reformatories and charitable and penal institutions in the state, and if in the judgment of the majority of said board procreation by any such person would produce children with an inherited tendency to crime, insanity, feeble-mindedness, idiocy or imbecility and there is no probability that the condition of any such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physical or mental condition of any such person will be substantially improved thereby, then said board shall appoint one of its members to perform such opera- of^procrea- tion for the prevention of procreation as shall be decided by said board to be most effective. The criminals who shall come within the operation of this law shall be those who have been convicted of the crime of rape or such succession of offenses against the criminal law as in the opinion of the board shall be deemed to be sufficient evidence of confirmed criminal tendencies. § 352. Appointment of counsel to person to be oper- ated upon. The board of examiners shall apply to anj Opera- tions for prevention Persons to be operated upon Operations foe Prevention of Procreation 247 judge of the supreme court or county judge of the county Appoint- ment of counsel to in which said person is confined, for the appointment of counsel to represent the person to be examined. Said P erson counsel to act at a hearing before the judge and in any operated subsequent proceedings and no order made by said board upon shall become effective until five days after it shall have been filed with the clerk of the court and a copy shall have been served upon the counsel appointed to represent the person examined and proof of service of said copy of the order to be filed with the clerk of the court. All orders orders made under the provisions of this act shall be review subject to review by the supreme court or any justice thereof, and said court may upon appeal from any order grant a stay which shall be effective until such appeal shall have been decided. The judge of the court appoint- ing any counsel under this act may fix the compensation to be paid him. No surgeon performing an operation surgeon under the provisions of this act shall be held to account £°j d t0 b therefor. The record taken upon the examination of account every such inmate signed by the said board of examiners ehall be preserved by the institution where said inmate is confined and one year after the performance of the operation the superintendent or other administrative officer of the institution wherein such inmate is con- Records to fined shall report to the board of examiners the condi- tion of the inmate and the effect of such operation upon such inmate, and a copy of the report shall be filed with the record of the examination. § 353. Unauthorized and illegal operations. Except as unauthor- authorized by this act, every person who shall perform, fJegai" encourage, assist in or otherwise permit the performance operations ° ' •*■ . misde- of the operation for the purpose of destroying the power meanor to procreate the human species or any person who shall knowingly permit such operation to be performed upon such person unless the same shall be a medical necessity, shall be guilty of a misdemeanor. 248 The Public Health Manual ARTICLE XX Sanitary conditions in hotels (Added by L. 1913, ch. 630, in effect Sept. 1, 1913) Section 354. Sewers and drainage. 355. Bedding, sheets and towels. 356. Violation a misdemeanor. Enforcement. Hotels, sewers drainage Bedding, sheets and towels Minimum length of sheets Enforce- ment § 354. Sewers and drainage. Every hotel in this state and shall be well drained and ventilated and every hotel con- nected 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, man- ager, agent or other person in charge of said hotel. § 355. 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 suffi- cient width to completely 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. § 356. Violation a misdemeanor. Enforcement. All departments of health and the commissioner or commis- sioners thereof shall have power to enforce the provi- sions of this article. The commissioners of health and the respective local boards of health and any person au- thorized by either of them so to do, may enter any hotel or any part thereof at any reasonable time to inspect Vital (Statistics 249 and examine the same, to determine whether or not the laws relating to hotels are being complied with. Any Violation hotel proprietor or manager violating any of the pro- demeanor visions of this article is guilty of a misdemeanor. This Certain article shall not apply to cities having a population of ^ one million inhabitants or over. ARTICLE XX* Vital statistics (Added by L. 1913, ch. 619, in effect Jan. 1, 1914) Section 370. Registration of births and deaths; duties of state department of health. 371. Duties of state commissioner of health as to vital statistics. 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. 384. Registration of name of child subsequent to filing of birth certificate. 385. Registration of physicians, midwives and undertakers. * Two articles have been numbered XX by the Legislature 250 The Public Health Manual Section 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. 391. Certified copies of records; state commis- sioner of health to furnish. 392. Penalties. 393. Enforcement. 394. Exemptions. Registra- tion of births and deaths Duties of state de- partment of health Duties of state com- missioner of health § 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 con- stituted by this article and in the division of vital sta- tistics at the capital of the state. The said department shall be charged with the uniform and thorough enforce- ment 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 sup- plementary to the provisions of this article and not in- consistent therewith, as it may deem necessary from time to time, in relation to the registration of births and deaths. Such rules and regulations shall be ob- served 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 the division of vital statis- Vital Statistics • 251 tics which shall be established by the department of health, and which shall be under the immediate direc- tion of a director to be appointed by the commissioner, who shall possess such qualifications as may be pre- scribed by the public health council. The state commis- Director, sioner of health shall detail to the division of vital sta- f vital tistics such clerical and other assistants as may be statlstic * necessary to carry into effect the provisions of this act. The trustees of public buildings shall provide suitable offices in the capitol or elsewhere for the division of vital statistics, which shall be suitably equipped for the per- manent and safe preservation of all records received or made under the provisions of this act. . . § 372. Registration districts. The state shall be tion divided into registration districts as follows: Each dlstricts city, each incorporated village, each town, and each state hospital, charitable or penal institution shall constitute a primary registration district, provided that the state commissioner of health may combine two or more primary registration districts or divide one registration district into two or more primary districts to facilitate registration. (Am'd by L. 1917, ch. 321, in effect May 2, 1917.) § 373. Registrar of vital statistics. In each primary Registrar registration district there shall be a registrar of °J T* tal ° ° statistics vital statistics. Qualifications of registrars of vital statistics hereafter appointed shall be prescribed by the public health council. A local health officer Health shall be eligible for appointment as registrar of °Hgibie vital statistics and if so appointed and if receiving a salary equivalent to not less than fifteen cents per year per inhabitant of such registration dis- trict, he shall serve as registrar of vital statistics without additional remuneration therefor. In towns Appoint- and villages the registrar or registrars of vital ment 252 The Public Health Manual Institu- tions Term of office Removal and penalties Deputy Subregis- trars statistics shall be appointed by the town board and by the village board of trustees respectively; 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 con- sisting of a state hospital, charitable or penal institu- tion, 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. Each regis- trar of vital statistics shall hold office until his suc- cessor 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 return 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 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 rural district, the registrar is authorized, with the approval of the state commissioner of health, to appoint one or more suitable persons to act as sub- registrars, 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 designated, 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 Vital Statistics 253 the district within three days, and in all eases before the third day of the following month; provided, however, that each subregistrar shall be subject to the supervision and control of the state commissioner of health and may be by him removed for neglect or failure to per- form his duty in accordance with the provisions of this Removal act or the regulations of the public health council, and p ena ities shall be subject to the same penalties for neglect of duty as the local registrar. (Am'd by L. 1917, ch. 321, in effect May 2, 1917.) • § 374. Correction of defective registration. If defects correction be found in the registration under the supervision of a t f ve regis- registrar of vital statistics, the state commissioner of tratlon 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 regula- tions in regard thereto and secure a complete registra- tion 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 complete as required by law and by the rules and regulations of the public health council. The Expenses 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. Permits The body of any person whose death occurs in this state r re- m or which shall be found dead therein shall not be in- mova -i of dead terred, deposited in a vault or tomb, cremated or other- bodies wise disposed of or removed from or into any registra- tion district, or be temporarily 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 254 The Public Health Manual Registra- tion of stillborn children Data re- quired on certificates Midwife not to sign cer- tificates of vital statistics of the registration district in which the death occurred or the body was found. No such burial or removal permit shall be issued by any regis- trar until, wherever practicable, a complete and satis- factory certificate of death has been filed with him as heretofore provided; provided that when a dead body is transported from outside of the state into a registra- tion district in this state for burial, the transit or re- moval permit issued in accordance with the law and health regulations 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 sta- tistics shall receive any fee for the issuance of burial or removal permits under this act other than the com- pensation provided in this article.* § 376. Registration of stillborn children. A stillborn child shall be registrated as a birth and also as a death, and separate certificates of both the birth and the death shall be filed with the registrar of vital statistics in the usual form and manner, the certificate of birth to contain in place of the name of the child, the word "stillbirth;" provided, that a certificate of birth and a certificate of death shall not be required for a child that has not advanced to the fifth month of uterogesta- tion. 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 cf 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. * See § 390, p. 267 Vital Statistics 2-35 § 377. Certificate of death. The certificate of death Data re- shall contain the following items, which are hereby de- a e ath clared necessary for the legal, social and sanitary pur- certlficates poses subserved by registration records. 1. Place of death, including state, county, township, village or city. If in a city, the ward, street and house number; if in a hospital or other institution, the name of the same to be given instead of the street and house number. If in an industrial camp, the name of the camp to be given. 2. Full name of decedent. If an unnamed child, the surname preceded by " unnamed ". 3. Sex. 4. Color or race — as white, black, mulatto ( or other negro descent), Indian, Chinese, Japanese, or other, 5. Conjugal condition — as single, married, widowed ^r divorced. 8. Date of birth, including the year, month, and day„ 7. Age, in years, months and days. If less than one day, the hours or minutes. 8. Occupation. The occupation to be reported of any person, male or female, who had any remunerative em- ployment, with the statement of trade, profession, or particular kind of work; general nature of industry, business or establishment in which engaged or employed. 9. Birthplace; at least state or foreign country, if known. 10. Name of father. 11. Birthplace of father; at least state or foreign country, if known. 12. Maiden name of mother. .13! Birthplace of mother; at least state or foreign country, if known. 14. Signature and address of informant. 15. Official signature of registrar, with the date when certificate was filed, and registered number. 16. Date of death, year, month and day. 256 The Public Health Manual 17. Certification as to medical attendance on decedent, fact and time of death, time last seen alive, and the cause of death, with contributory, that is to say, second- ary cause of complication, if any, and duration of each, and whether attributed to dangerous or insanitary conditions of employment ; signature and address of physician or official making the medical certificate. 18. Length of residence at place of death and in the state, together with the place where disease was contracted, if not at place of death, and former or usual residence. 19. Place and date of burial, cremation or removal. 20. Signature and address of undertaker or person in charge of the corpse. The particulars called for by items one to thirteen inclusive 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 certificates shall be made and signed by the physician, if any, last in attendance on the deceased, who shall specify the time in attendance, the time he last saw the deceased alive and the hour of the day at which death occurred. He shall further state the cause of death, so as to show the cause of disease or sequence of causes resulting in the death, giving first the name of the disease causing death, that is to say, the primary cause, and the contributory, that is to say, the secondary cause, if any, and the duration of each. Indefinite terms, denoting only symptoms of disease or conditions result- ing 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 Vital Statistics 257 the medical certificate for correction and more definite statement. Causes of death which may be the result of either disease or violence shall be explicitly defined; and if from violence, the means of injury shall be stated, and whether apparently accidental, suicidal, or homi- cidal. For deaths in hospitals, institutions, or of non- residents, the physician shall supply the information required under Item 18, if he is able to do so, and may state where, in his opinion, the disease was contracted. § 378. Registration of deaths occurring without med- Deaths oc- ical attendance. In case of any death occurring with- ^Ynout out medical attendance, it shall be the duty of the medical 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 Health immediately investigate and certify as to the cause of ^be death; provided that if the health officer has reason to notified believe that the death may have been due to unlawful Health act or neglect he shall then refer the case to the coroner ^ t «y t0 or other proper officer for his investigation and certifica- coroner in CBrtciin tion. The coroner or other proper officer whose duty cases it is to hold an inquest on the body of a deceased per- son, and to make the certificate of death required for a Data for burial permit, shall state in his certificate the name of coroner's r certificate 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 infor- mation 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 under- Duties of taker, 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 258 The Public Health Manual shall then present the certificate to the attending phy- sician, who shall forthwith fill out and sign the medical certificate of death, or to the health officer or coroner, for the medical certificate 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 physician 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 sig- nature and with his address, and present the completed certificate to the registrar in order to obtain a permit for burial, removal or other disposition of the body. The undertaker shall deliver the burial permit to the person in charge of the place of burial, before interring or otherwise disposing 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. interment § 380. Duties of undertakers; interment within the state n the state. If the interment, 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 state- ment 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. interments § 381. Interments. No person in charge of any prem- ises on which interments or cremations are made shall inter or permit the interment or other disposition of any body unless it is accompanied by a burial, crema- Permits tion or transit permit, as herein provided. Such person rf'istrar t0 sna11 endorse upon the permit, the date of interment, Vital Statistics 259 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 cre- mation. He shall keep a record of all bodies interred Record of or otherwise disposed of on the premises under his terred or charge, in each case stating the name of each deceased d i s P° secl 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 undertaker or person having charge of the corpse, when burying a body in a cemetery 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 per- Exception, ~~rson irge son in charge," and file the burial or removal permit in char within three days with the registrar of the district ° e f mete in which the cemetery is located. § 382. Registration of births. The birth of each and Registra- cvery child born in this state shall be registered within births five days after the date of each birth, there shall be filed with the registrar of the district in which the birth occurred a certificate of such birth, which cer- tificate shall be upon the form prescribed therefor by the state commissioner of health. In each case where a physician, 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 case 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 man- ager or superintendent of the public or private institu- tion 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 physician, midwife or person acting 2(50 The Public Health Manual as midwife in attendance upon the birth is unable, by diligent inquiry, to obtain any item or items of infor- mation 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 may be interrogated in relation thereto to answer correctly 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 herewith to verify such statement by his signature, when requested so to do by the local registrar. certificate § 383. Certificate of birth. The certificate of birth of birth shall contain the following items, which are hereby de- clared necessary for the legal, social and sanitary pur- poses subserved by registration records. 1. Place of birth, including state, county, town, vil- lage or city. If in a city, the ward, street and house number; if in a hospital or other institution, the name of the same to be given, instead of the street and house number. 2. Full name of child. If the child dies without a name, before the certificate is filed, enter the words '■ Died unnamed." If the living child has not yet been named at the date of filing certificate of birth, the space for " full name of child " is to be left blank, to be filled out subsequently by a supplemental report, as hereinafter provided. 3. Sex of child. 4. Whether a twin, triplet, or other plural birth. A separate certificate shall be required for each child in case of plural births. Vital Statistics 261 5. For plural births, number of each child in order of birth. 6. Whether legitimate or illegitimate. 7. Date of birth, including the year, month and day. 8. Full name of father; provided, that if the child is illegitimate, the name of the putative father shall not be entered without his consent, but the other par- ticulars relating to the putative father may be entered if known, otherwise as "unknown." 9. Residence of father. 10. Color or race of father. 11. Age of father at last birthday, in years. 12. Birthplace of father; at 'least state or foreign country, if known. 13. Occupation of father. The occupation to be re- ported if engaged in any remunerative employment, with the statement of trade, profession, or particular kind of work; general nature of industry, business or establishment in. which engaged or employed. 14. Maiden name of. mother. 15. Residence of mother. 16. Color or race of mother. 17. Age of mother at last birthday, in years. ' 18. Birthplace of mother; at least state or foreign country, if known. 19. Occupation of mother. The occupation to be re- ported if engaged in any remunerative employment, with the statement of trade, profession, or particular kind of work; general nature of industry, business or establishment in which engaged or employed. 20. Number of children born to this mother, includ- ing present birth. 21. Number of children of this mother living. 22. The certification of attending physician or mid- wife as to attendance at birth, including statement of year, month, day and hour of birth,, and whether the child was born alive or stillborn. This certification 262 The Public Health Manual Supple- mental • report of name Registra- tion of physicians, midwives and under takers Duties of registrar Nb fee for regis- tration 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 prem ises, manager or superintendent of public or private institution where the birth occurred, or other com- petent person, whose duty it shall be to notify the local registrar of such birth. 23. Exact date of filing in office of local registrar, attested by his official signature, and registered number of birth, as hereinafter provided. § 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 statement 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. § 385. Registration of physicians, midwives, and un- dertakers. Every physician, 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; and shall thereupon be supplied by the registrar with a copy of this article, together with such rules and regulations as may be prepared by the public health council rela- tive to its enforcement. Within thirty days after the close ©f each calendar year each registrar shall make a return to the state sommissioner of health of all physicians, midwives, or undertakers who have been registered in his district during the whole or any part of the preceding calendar year; provided, that no fee or other compensation shall be charged by registrars Vital Statistics 263 to physicians, midwives or undertakers for registering their name under this section or making returns thereof to the state commissioner of health. § 386. Registration of persons in institutions. All Registra- superintendents or managers or other persons in charge p^ons in of hospitals, almshouses, lying-in or other institutions, institu- 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 when 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 ad- mitted or committed for treatment of disease, the phy- sician in charge shall specify for entry in the record, the nature of the disease, and where, in his opinion, it was contracted. The personal particulars and infor- mation required by this section shall be obtained from the individual himself if it is practicable to do so; and when they cannot be 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 Records health. The state commissioner of health shall prepare, kept by print, and supply to all registrars all blanks and forms st ^ te . eom " L ' r r ti o missioner used in registering, recording and preserving the re- of health turns, or in otherwise carrying out the purposes of this article, and shall prepare and issue such detailed instructions, not inconsistent with the regulation estab- lished by the public health council, as may be required to procure the uniform observance of its provision 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 care- 21)4 The Public Health Manual and records, alterations fully examine the certificates received monthly from the registrars, and if any such are incomplete or un- satisfactory he shall require such further information to be supplied as may be necessary to make the record complete and satisfactory. All physicians, midwives, undertakers, or informants, and all other persons hav- ing knowledge of the facts, are hereby required to supply, upon a form provided by the state commissioner of health or upon the original certificate, such informa- tion 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, certificates that no certificate of birth or death, after its acceptance for registration by the registrar, and no other record made in pursuance of this article, shall be altered or changed in any respect otherwise than by amendments properly dated, signed and witnessed. The state com- missioner of health shall arrange, and permanently pre- serve the certificates in a systematic manner, and shall prepare and maintain a comprehensive and continuous card index of all births and deaths registered; said index to be arranged alphabetically, in the case of deaths, by the names of decedents, and in the case of births, by the names of fathers or mothers if born out of wedlock. He shall inform all registrars what dis- eases are to be considered infectious, contagious, or communicable and dangerous to the public health, as decided by the public health council in order that when deaths occur from such diseases proper precautions may be taken to prevent their spread. § 388. Certified copies of birth certificates evidence of age. Certified copies of birth certificates, or of state- ments 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, regis- tering for school attendance, and by the legally con- stituted authorities as prima facie proof of age for Certified copies of birth cer- tificates evidence of age Vital Statistics 265 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 evidence specified in the labor law. § 389. District records to be kept by registrar. Each Duties of registrar registrar shall supply 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 incomplete or unsatisfactory, it shall be his duty to call attention to the defects in the return, and to with- hold 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 certificate of death is properly executed and com- plete, he shall then issue a burial or removal permit to the undertaker; provided, that in case the death P eath ' r ' from com- OCCUrred from some disease which is held by the public municabie health council to be infectious, contagious, or com- municable and dangerous to the public health, no per- mit for the removal or other disposition of the body shall be issued by the registrar, except to an under- taker licensed under section two hundred and ninety- five of the public health law, under such conditions as may be prescribed by the state public health council. If a certificate of birth is incomplete, the local registrar ^^mcates shall immediately notify the informant, and require him to supply the missing items of information if they can be obtained. He shall number consecutively the Numbering certificates certificates of birth and death, in two separate series, 266 The Public Health Manual Record book Pees of registrar 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, to be preserved permanently in his office as the local record, in such manner as directed by the com- missioner of health. He shall, on the fifth day of each month, transmit to the state commissioner of health all original certificates registered by him for the preced- ing month. If no births or no deaths occurred in any month, he shall on the fifth day of the following month, report that fact to the state commissioner of health on a card provided for such purpose. § 390. Fees of registrar for the prompt and correct return and filing of birth and death certificates. Except as hereinbefore otherwise provided each registrar and each physician shall be paid the sum of twenty-five cents for each birth certificate properly and completely made out and registered and 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. And in case no births or no deaths were registered during any months, the local registrar shall be entitled to be paid the sum of twenty-five cents for each report to that effect, but only if such report be made promptly as required by this article. All amounts payable to the local registrar under the provisions of this article shall be paid by the municipality comprising the registration district, upon certification by the state commissioner of health and all amounts payable to physicians shall be certified to by the local registrar annually and paid to said physicians by said municipality. The state commissioner of health Vital Statistics 267 shall annually certify to the municipality the number of births and deaths properly registered, with the name of the local registrar and the amount due him at the rate fixed herein. In addition thereto the local registrar Burial, re- shall be paid a fee of twenty-five cents for each burial, transit 01 removal or transit permit issued by him. (Am'd by P ermits L. 1915, ch. 385, and L. 1917, ch. Ill, in effect Mar. 20, 1917.) § 391. Certified copies of records; state commissioner certified of health to furnish. The state commissioner of health ^coras ° f may, upon request, supply to any applicant a certified copy of the record of any birth or death registered under the provisions of this act, for the making and certification of which he shall be entitled to a fee of one dollar, to be paid by the applicant; provided that the United States census bureau may obtain, without expense to the state, transcripts of certified copies of births and deaths without payment of the fee here prescribed, for use solely as statistical data. Any certified copy of the record of a birth or death, when properly c °P ie s of r * 7 ' r r J records certified by the state commissioner of health, shall be prima facie evidence in all courts and places of the facts therein stated. For any search of the files and records when no certified copy is made, 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 Search lime of search, said fee to be paid by the applicant. If any time within ten years of the birth, or one year of the death of any person within this 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 commis- sioner of health, it should appear that no such certifi- cate of birth or death, was made and filed as provided by this act, then the person asking for such certified 268 The Public Health Manual Failure to file cer- tificate Prosecu- tions Penalties copy may file a sworn statement, to be accompanied by the affidavits of two competent witnesses, as to the fact of birth or death, with as many particulars of the standard certificate supplied as possible, and the state commissioner of health shall file it and issue a certified copy thereof to said applicant without fee and without charge for time of search; and 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, together with a fee of five dollars, which shall be transmitted to the state commissioner of health and accounted for as a fee for certified copies. With said certificate shall be filed the sworn statements and affidavits hereinabove mentioned. The delinquent physician, midwife, undertaker, or other person may also, in the discretion of the state commissioner of health be prosecuted as required by this article, and shall be prosecuted without bar from the statute of limitations, if he or she shall neglect or fail to file promptly the certificate required by this section as a substitute for the certificate not filed as required by this article, and to pay the filing fee provided for in this section. The state commissioner of health shall keep a true and correct account of all fees by him received under this section, and turn the same over to the state treasurer. § 392. Penalties. Any person, who for himself or as an officer, agent, or employee of any other person, or Vital Statistics 269 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, with- out 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 affect- ing 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 subregistrar, 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 conviction 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 discretion 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 commissioner of health in any court of competent Enforce- ment *270 The Public Health Manual jurisdiction, and for every subsequent offense, such person shall be guilty of a misdemeanor, punishable by a fine of not less than ten nor more than on3 hundred dollars, or by imprisonment for not more than sixty days, or both. (Am'd by L. 1916, ch. 58, in effect March 20, 1916.) § 393. Enforcement. Each registrar is hereby charged with the strict and thorough enforcement of the pro- visions 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 knowledge, by observation or upon complaint of any person, or other- wise. The state commissioner of health is hereby charged with the thorough and efficient execution of the pro- visions 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 circumstances; and when any such case is reported to him by the state commissioner of health, the prosecuting attorney shall forthwith initiate and 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 attor- County Mosquito Extermination Commission 271 ney-general shall assist in the enforcement of the pro- visions of this article. § 394. Exemptions. Nothing in this article shall be Exemp- 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, chap. 408; in effect May 3, 1916.) Section 400. Establishment ; appointment of commis- sioners. 401. Chairman of board of supervisors ex officio member. 402. State commission! 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; powers. 407. Secretary of commission; salary. 408. Clerks and assistants. 409. Duties of clerks and assistants. 409-a. Accumulation of water a nuisance. 410. Powers and duties of commission. 411. Publication of notice of entry, claims, dam- ages and payments. 412. Estimate of annual requirements; powers and duty of state health commissioner. 413. Duties of boards of supervisors. 414. Disbursements by county treasurer. 415. Annual report. 416. Reservation of powers. * See L. 1911, Chap. 246, extermination of mosquitoes, Suffolk county, p. 507; Public Health Law, §§ 27-30, pp. 40-44 t So in original 272 The Public Health Manual Section 417. Temporary provision for nineteen hundred and sixteen. 418. Obstructions; interferences. § 400. Establishment; appointment of commissioners. In any county in the state of New York, having a population of less than two hundred thousand adjacent to a city of the first class, having a population of over three million there is hereby created an appointing board to consist of the county judge, the county clerk and the county comptroller, to 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 commission, as hereinafter provided. The members of such appointing board shall serve with- out 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 county judge to convene the said board, at the most suitable and convenient place, or otherwise ar- range for concerted action, for the appointment of four resident taxpayers in any 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 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 Extermination Commission." § 401. The chairman of the board of supervisors ex officio member. The chairman of the board of super- visors of each county in and for which a commission County Mosquito Extermination Commission 273 is appointed, shall be a member ex officio of such com- mission, 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, privi- leges and duties with the other members of such commission. § 402. The state commissioner of health to appoint one member of such commission. The sfate commis- sioner of health shall appoint one member of such com- mission 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 con- ferred, represent the state commissioner of health in all matters as the state commissioner of health may direct. § 403. Members to serve without compensation. The members of such commission shall serve without com- pensation, 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 commis- sioners first appointed by the county board in any dis- trict 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 coriimissioner of health shall be four years. All such commissioners after the ifirst appointment shall be appointed for the full term of four years. Vacancies in such commission, occurring by resignation or other- wise, 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 commissioner of health, which 274 The Public Health Manual 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 affirma- tion shall be filed with such clerk. Every such com- mission 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. § 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 counties wherein it is appointed. § 407. Secretary of commission; salary. The com- mission may appoint a secretary, whose compensation shall be fixed by such commission; the salary of such secretary shall not exceed, however, the sum of eighteen hundred dollars per annum. § 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 compensa- tion of such clerks and assistants shall be fixed by the "board of supervisors of the county. County Mosquito Extermination Commission 275 § 409. Duties of clerks and assistants. The com- mission shall prescribe the duties and hours of employ- ment 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 breed- ing, or are likely to breed, is hereby declared* to be a nuisance. § 410. Powers and duties of commission. Said com- mission 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 oiling 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 mos- quitoes or which will tend' to exterminate mosquitoes of fresh water, salt water and every other kind or variety found within such counties. § 411. Publication of notice of entry; claims, dam- ages 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 state commissioner of health of its plans for work during the ensuing year as- provided in this article, in at least one newspaper in every town of the county where work is to be per- formed and in which such a paper is published, a gen- eral description of the land with the names of the owners 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 case of a town where work 'is to be performed by 276 The Public Health Manual. 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- know, 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 com- mission, shall file a protest with the commission set- ting forth his grienvance 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 commis- sion 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 suc- ceeding estimate of annual requirements of the com- mission and shall be included in the annual tax levy as provided for in this article, and be paid by the commission. § 412. Estimate of annual requirements; power and duty of state health commissioner. Every such county commission shall, on or before the first day of Septem- ber in each year, file with the state commissioner of health a detailed estimate of the moneys required for the ensuing year and a plan of the work to be done and. the methods to be employed, together with a gen- eral 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. Such commissioner shall have the power to approve, modify or alter such estimates, plans and methods, and such estimates, plans and methods County Mosquito Extermination Commission 277 finally approved by him shall be forwarded by him to the board of supervisors in the county on or before the first day of October following its receipt. § 413. Duties of boards of supervisors. It shall be the duty of the board of supervisors in every county in which a commission is appointed as* its annual or other meeting in the month of December of each year and on receipt of the said report from the commissioner of the state board of health, to cause to be included in the annual tax levy of such county and added to the tax roll for the succeeding year such amount of money for the use and purposes of the mosquito extermination commission, in its said county, as is approved by the state commission* of health in such report, 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 valuations. § 414. Disbursements by county treasurer. The county treasurer of each county shall pay from time to time to the mosquito extermination commission, on the requisition of such commission, duly signed and approved by the president and secretary thereof, the amount of moneys so specified in the annual tax levy for the purposes and uses of such mosquito extermina- tion commission. § 415. Annual report. It shall be the duty of each 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 super- visors in each respective county comprised within a mos- quito extermination district, a report setting forth the * So in original 27 s The Public Health Manual amount of moneys expended during the previous year showing each item of expenditure, the methods em- ployed, the work accomplished and any other informa- tion 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. § 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. If a commission be appointed under this article before June first, nineteen hundred and sixteen, such commission shall, on or before the first day of July, nineteen hundred and sixteen, file with the state com- missioner of health in accordance with the provisions of this article an estimate of the moneys required for the year nineteen hundred and sixteen and a plan of the work to be done and the methods to be employed by the commission during such year. The state com- missioner of health shall on or before July fifteenth consider such plans, methods and estimates, and ap- prove, modify or alter the same as provided by section four hundred and twelve, and forward the same to the treasurer of such county, who shall at once borrow, on the credit of such county, the amount specified in such estimate, not exceeding, however, the amount specified in section four hundred and thirteen of this chapter. Such amount, so borrowed, shall be a county charge and shall be included by the board of supervisors in the tax levy for the ensuing year. The moneys so borrowed shall be paid by the county treasurer to the mosquito extermination commission, according to the provisions of section four hundred and fourteen of this chapter. Naecotic Drug Control 279 § 418. Obstructions; interferences. Any person who obstructs or interferes with the entry of the commission or its employees upon land or who obstructs or inter- feres with, molests, or damages any of the work per- formed by the commission shall be guilty of a misdemeanor. ARTICLE XXII Narcotic drug control (Added by L. 1918, ch. 639, in effect Feb. 1, 1919) Section 420. Definitions. 421. Department of narcotic drug control, com- missioner; powers and duties. 422. Deputies; secretary: employees. 423. Acts prohibited; registry. 424. Manufacturer to have certificate. 425. Wholesaler to have certificate. 426. Orders upon official blanks. 427. Acts permitted. 428. Possession of drugs further restricted. 429. Labels. 430. Possession of drugs authorized by labels. 431. Administration of drugs by hospitals and institutions., 432. Private hospitals and institutions to be authorized. 433. Hypodermic syringe. 434. Eecords and reports. 435. Drugs to be delivered to department. 436. Exemptions from restrictions. 437. Eecords confidential. 438. Commitment of addicts; procedure; treat- ment; discharge. 439. Voluntary hospital commitment. 440. Fraud, deceit, et cetera. 441. False representations, et cetera, 442. Revocation of licenses. 280 The Public Health Manual Section 443. Penalties. 444. Exceptions and exemptions not required to be negatived. 445. Construction of article. Definitions § 4-20. Definitions. As used in this article: 1. Association. The term " association " includes any combination of two or more persons, not incorporated nor constituting a copartnership. 2. Person. The term " person " includes any corpora- tion, association, copartnership or one or more indi- viduals. 3. Department. The term " department " means the department of narcotic drug control as hereby con- stituted. 4. Commissioner. The term " commissioner " means the commissioner of narcotic drug control hereby created. 5. Physician. The term " physician " means a licensed practitioner of medicine as defined by article eight of this chapter. 6. Apothecary. The term " apothecary " means a licensed pharmacist or druggist as defined by article eleven of this chapter. 7. Dentist. The term " dentist " means a licensed practitioner of dentistry as defined by article nine of this chapter. 8. Veterinarian. The term "veterinarian " means a licensed practitioner of veterinary medicine as defined by. article ten of this chapter. 9. Medicine. The term " medicine * means a drug or preparation of drugs in suitable form for use as a remedial or curative substance. 10. Sale. The term " sale " includes offer for sale and each sale made by any person, whether principal proprietor, agent, servant or employee. 11. Dispense. The term "dispense" includes dis- Narcotic Drug Control 281 tribute, leave with, give away, dispose of, and deliver to or to an agent to be delivered to. 12. Administer. The term " administer " is limited to personal administration. 13. Cocaine. The term " cocaine " shall include coca cocaine leaves or any compound, manufacture, salt, derivative e or preparation thereof including alpha or beta eucaine or any of their salts or any synthetic compound of any of them, but shall not include decocanized coca leaves or preparations made therefrom or other preparations of coca leaves which do not contain cocaine. 14. Opium or its derivatives. The term " opium or " opium its derivatives " shall include opium, morphine, codeine, deriva- heroin, and any compound, manufacture, salt, derivative Penned or preparation of any of them. 15. Habit forming drugs. The term "habit forming "Habit drugs " shall mean cocaine and opium or its derivatives 3%™^ as herein defined. defined 16. Manufacturer. The term " manufacturer " means one who produces or prepares habit forming drugs from the crude materials or other products or by-products for the use of the drug trade. 17. Wholesaler. The term "wholesaler" includes jobber and means one who sells habit forming drugs in substantial quantities to the trade or for commercial or manufacturing purposes, but not in quantities for per- sonal use or individual consumption and who does not sell at retail. 18. The term " lawful quantity " used in connection «« Lawful with opium or its derivatives means: if opium not more defined^ than two grains, if codeine not more than one grain, if morphine not more than one-fourth of a grain or if heroin not more than one-eighth of a grain in one fluid ounce, or if a solid or semi-solid preparation in one avoirdupois ounce. Such term whenever used shall not apply to cocaine. 2S2 The Public Health Manual Depart- ment of drug control Commis- sioner Bond Salary § 421. Department of drug control; commissioner; powers and duties. There is hereby created a depart- ment of narcotic drug control, the head of which shall be the commissioner of narcotic drug control. The governor, by and with the advice and consent of the senate, shall appoint a commissioner of narcotic drug control who shall hold his office for the term of. six years and until his successor is appointed and shall have qualified. A commissioner shall in like manner be ap- pointed upon the expiration of the term. If a vacancy occur in the office of commissioner it shall be filled in like manner for the residue of the term. The commis- sioner shall execute and file with the comptroller of the state a bond to the people of the state in the sum of five thousand dollars, with sureties to be approved by the comptroller, conditioned for the faithful discharge of his duties and for the due accounting for all moneys re- ceived by him as such commissioner. The commissioner shall receive an annual salary of six thousand dollars and his necessary expenses, which salary shall be pay- able in equal monthly installments. The commissioner Rules and i ,s hereby empowered to make all needful or helpful rules, regulations regulations, rulings and decisions which in his judgment may be neeessary or proper to supplement or effectuate the purposes and intent of this article or to interpret or clarify its provisions or to provide the procedure or detail requisite in his judgment to effectually secure the proper enforcement of its provisions, which rules, regulations, rulings and decisions, when made and promulgated by the commissioner, shall become rules, regulations, rulings and decisions of the department, and until modified or rescinded shall have all of the Districts force and effect of statute. The commissioner may omres divide the state into not to exceed four districts and maintain a branch administrative office in each, except Narcotic Drug Control 283 that in which the capitol is located. It shall be the duty of the commissioner to enforce the provisions of this article and all of the rules, regulations, rulings and decisions of the department. The commissioner may for Powers of * . commis- cause deemed by him to be sufficient, after having given sioner reasonable notice and opportunity to be heard, revoke any certificate of authority issued by the department and revoke, cancel or withhold, official blanks issued or applied for. The commissioner shall obtain data and information relative to the extent of drug addiction and the means by which it can be controlled, reduced or eliminated and the means and methods used in its treatment. He shall have the power to inspect and examine any hospital, sanatorium, institution or place in which persons are treated for drug addiction. He shall report annually to the legislature with such recom- mendations as he may deem warranted. The commis- sioner and each of his deputies shall have the power to administer oaths, compel the attendance of witnesses, the production of books and papers and to take proof and testimony concerning all matters within the juris- diction of the department and in such connection no communication made to a physician shall be deemed confidential. The commissioner shall fix the prices to be paid for blanks procured from the department and the fees, not specifically fixed herein to be paid upon the issuance of any certificate of authority authorized to be issued by the department. The trustees or other officers having by law the custody of public buildings at the state capitol shall provide for and assign to the commissioner offices for conducting the business of the department. § 422. Deputies; secretary; employees. The commis- Deputies sioner may appoint and at pleasure remove three deputy commissioners to be known as first, second and third deputy commissioner respectively. Each deputy The Public Health Manual commissioner shall within the territorial district of the state in and for which he may be assigned to duty exercise all of the powers of the commissioner except the power of appointment to positions, the power to grant and revoke certificates of authority and the power of making and promulgating rules, regulations, rulings and decisions. Each deputy commissioner shall receive an annual salary of three thousand five hundred dollars and his necessary traveling expenses, which salary shall be payable in equal monthly installments. The com- missioner shall appoint and may at pleasure remove a secretary, who shall also act as financial clerk, and, under the direction of the commissioner have charge of the collection of the receipts and disbursement of the moneys appropriated for the expenses of the office. The secretary shall receive an annual salary of three thou- sand dollars, payable in equal monthly installments. The secretary and each deputy commissioner shall give a bond to the people of the state in the sum of three thousand dollars with such sureties as shall be approved by the commissioner, and shall before entering upon the performance of his duties take and subscribe the con- stitutional oath of office. The commissioner may also appoint counsel and such employees in his office as may be necessary and fix the compensation of each within the appropriation made and available for such purpose. § 42'3. Acts prohibited; registry. No person shall possess, sell, distribute, administer or dispense cocaine or opium or its derivatives except as expressly and specifically authorized by the provisions of this article and any unauthorized possession, sale, distribution, ad- ministration or dispensation of such drugs is hereby declared to be dangerous to the public health and a menace to the public welfare. No manufacturer, whole- saler, apothecary, physician, dentist, veterinarian or private hospital, sanatorium or institution maintained or conducted in whole or in part for the treatment of Narcotic Drug Control 285 disability or disease or inebriety or drug addiction shall purchase, receive, possess, sell, distribute, prescribe, ad- minister or dispense cocaine or opium or its derivatives unless prior thereto he shall have registered with the Registry department his name or style, place of residence and place or places where such business is to be carried on, and received from the department a certificate author- izing him to carry on such business. During the month of January after this article takes effect he shall so register with the department. During each month of June, thereafter he shall, in like manner, register with the department and for such second and each subsequent Fee registry shall pay to the department a fee of one dollar. & § 424. Manufacturer to have certificate. Each manu- ^™. f s ac ~ facturer shall before selling or distributing any cocaine certificate or opium or its derivatives within or for use or dis- tribution within the state make application to and re- ceive from the department a manufacturer's narcotic drug certificate authorizing the sale and distribution by him of such drugs within or for use or distribution within the state. He may sell and distribute such drugs within or for use or distribution within the state only so long as such certificate shall remain unrevoked. § 425. Wholesaler to have certificate. Each whole- ^ e °J, e s " saler shall, before selling or distributing any cocaine or certificate opium or its derivatives within or for use or distri- bution within the state, make application to and receive from the department a wholesaler's narcotic drug cer- tificate authorizing the sale and distribution by him of such drugs within or for use or distribution within the state. He may sell and distribute such drugs within or for use or distribution within the state only so long as such certificate shall remain unrevoked. § 426. Orders upon official blanks. A hospital, sana- °£ders torium or other institution maintained by the United official States or the state or any of its political subdivisions, or a public or private hospital or other institution in 286 The Public Health Manual which persons are treated for disability or disease, or a public hospital, sanatorium or institution in which per- sons are treated for inebriety or drug addiction, or a private hospital, sanatorium, institution or place in which persons are treated for inebriety or drug ad- diction which shall have an unrekoked certificate of authority issued by the department, or a wholesaler, apothecary, physician, dentist or veterinarian may possess cocaine or opium or its derivatives only after he shall have obtained the same from the department or in pursuance of a written order to the manufacturer, wholesaler or apothecary offering to sell the same which shall contain the date of the order, the name and amount Dates of the drug ordered and the name and address of the person ordering the same, which said order shall be made in triplicate upon serially numbered blanks to be procured from the department. The person giving the order shall retain one of such triplicate orders on file for a period of two years and send the other two to the person to whom the order is given, who shall retain one of said duplicates on file for a period of two years and upon filling the order shall forthwith mail the other to the department. No order shall be given to a manu- facturer or wholesaler unless such manufacturer or wholesaler at the time of the giving of such order is authorized by certificate of the department to sell or distribute the drug ordered within or for use or dis- tribution within the state. § 427. Acts permitted. Subject to the rules, regu- lations, rulings and decisions of the department govern- ing the same, Prepara- 1. Preparations and remedies. A person may manu- rernedies facture, sell, dispose or possess preparations and remedies, not otherwise prohibited by law, which do not contain more than lawful quantity of opium or its derivatives; also liniment, oinments and other prepara- tions containing any of such drugs which are prepared Narcotic Drug Control 2S', and suitable for external use only; provided that such remedies and preparations are manufacured, sold, dis- pensed or possessed as medicines and not for the pur- pose of evading the intention and purpose of this article. 2. Veterinarians. A veterinarian may possess cocaine Veterina- or opium or its derivatives in such quantities as he nans may require for the purpose of administering or dis- pensing and may administer or dispense the same in the course of his professional practice. He may prescribe any of such drugs but not for use by a human being. Each prescription issued by him shall be signed by him and contain in legible English the name and amount of the drug prescribed, the name and address of the owner of the animal for which and the date the prescription is issued. 3. Dentists. A dentist may possess cocaine or opium Dentists or its derivatives in such quantities as he may require for the purpose of administering the same in the course of his professional practice. He may administer the same to persons under his immediate treatment but only in quantities necessary for such treatment. 4. Apothecaries. An apothecary may, upon a pre- Apotne- C3.T 16 S scription written upon an unofficial prescription blank, signed by and containing the office address of a physician unofficial and the name, age and address of the person for whom t[o^° rip " and the date when issued, dispense cocaine or opium blanks or its derivatives provided such prescription does not contain more than five grains of cocaine or more than thirty grains of opium or more than six grains of codeine or more than four grains of morphine or more than two grains of heroin; also upon a like prescription if it contain any of such drugs in excess of said respective quantities if it be stated upon the prescription that it is to be used in the treatment of a surgical case or a disease other than drug addic- tion. Each such original prescription, serially num- bered, shall be kept by him in a separate file for a 288 The Public Health Manual Official prescrip- tion blanks Not to be refilled Veterin- arian's prescrip- tion Not to be refilled Physicians Unofficial prescrip- tion blanks period of two years and such prescription shall not be refilled; provided, however, that if any such prescription does not contain more than "lawful quantity of any such drug it need not be separately filed; and provided further that if any such prescription call for an exempt preparation or remedy prepared in accordance with the " U. S. P.", " N". F." or other recognized or established formula usually carried in stock by a dealer and sold without a prescription it need not be separately filed and may, upon request, be refilled. He may also, upon the prescription in writing, signed by a physician and containing his office address and the name, age and address of the person for whom and the date when issued, within four days from such date, otherwise dispense cocaine or opium or its derivatives within or in excess of the quantities hereinbefore men- tioned if such prescription be written upon a serially numbered official prescription blank delivered to him in duplicate provided he keep one of said duplicates in a separate file for a period of two years and within twenty-four hours mail the other duplicate to the department. Such prescription shall not be refilled. He may also upon the prescription in writing dated and signed by a veterinarian and containing his office address and the name and address of the owner of the animal for which the drug is prescribed dispense cocaine or opium or its derivatives, provided he keep such prescription on file for a period of two years. Such prescription shall not be refilled. 5. Physicians. A physician may in the course of the legitimate practice in good faith of his profession and for the purpose of relieving or preventing pain or suf- fering on the part of a patient, or to effect a cure, administer, prescribe or dispense cocaine or opium or its derivatives as follows: He may upon an unofficial prescription blank issue a prescription which does not contain more than five Narcotic Drug Control 289 grains of cocaine, or more than thirty grains of opium or more than six grains of codeine or more than four grains of morphine or more than two grains of heroin. He may also upon an unofficial prescription blank issue a prescription for such quantity of any of such drugs in excess of such respective quantities as may reasonably be required in the treatment of a surgical case or a disease other than drug addiction, provided such fact be stated upon the prescription. Each other prescrip- tion for any of such drugs shall be written upon a serially numbered official prescription blank in triplicate official to be procured from the department, signed by him t|^ cnp " and containing in legible English or Latin the name bla nks and amount of the drug prescribed, the name, age and address of the person for whom and the date when the prescription is issued. He shall issue the original and one other of such triplicate prescriptions for delivery to an apothecary and shall retain the other copy on file for a period of two years. He may administer or dispense to a patient whom he Adminis- is treating not to exceed two grains of cocaine or fifteen erins grains of opium or three grains of codeine or two grains of morphine or one-fourth of a grain of heroin. He may while absent from his office in personal at- tendance upon a patient whom he is treating dispense, pispens- to be taken in his absence, not to exceed fifteen grains of opium or three grains of codeine or two grains of morphine or one-fourth of a grain of heroin. If he otherwise administer or dispense any of such drugs he shall record in writing upon a serially num- bered official physician's dispensing blank in duplicate Official to be procured from the department, in legible English dispen^ 11 S or Latin the name and quantity of the drug and the in s blanks form in which administered or dispensed, the name, age and address of the person for whom and the date when administered or dispensed and shall sign the same. He shall keep the original of such dispensing blanks on 10 290 The Public Health Manual Provisions may be modified Possession of drugs further restricted Labels Author- ized pos- session of drugs by consumer file for at least two years and shall, within twenty-four hours, mail the copy to the department. The provisions of this section relating to the coiv ditions under which unofficial and official prescription and dispensing blanks may be used are, to the depart- ment, directory only and may by rule or regulation of the department, from time to time, be changed or modified to meet existing conditions. § 428. Possession of drugs further restricted. No manufacturer, wholesaler, apothecary, physician, dentist or veterinarian shall obtain, possess, control, distribute or dispense any cocaine or opium or its derivatives for any purpose other than the use, sale or distribution thereof by him in the conduct of a lawful business in said drugs or in the legitimate conduct or practice in good faith of his business or profession. § 429. Labels. Whenever an apothecary pursuant to a prescription written upon an official prescription blank shall dispense cocaine or opium or its derivatives or whenever a physician shall dispense any of such drugs a record of which is required to be kept upon an official physician's dispensing blank, he shall securely affix to the container of such drug a label stating in legible English the name and address of the physician prescribing or dispensing and the apothecary, if any, dispensing and the date when and the name and ad- dress of the person for whom and name and quantity of the drug dispensed and contained in the container. § 430. Authorized possession of drugs by consumer. A person for whom cocaine or opium or its derivatives shall have been dispensed by an apothecary or physician, for the dispensing of which no label is required to be affixed to the container, and the owner of an animal for which any of such drugs shall have been dispensed by a veterinarian or an apothecary upon the prescrip- tion of a veterinarian may lawfully possess the same. A person for whom any of such drugs shall have been Xarcotic Drug Control 291 dispensed by an apothecary or physician for the dis- pensing of which a label is required to be affixed to the container may lawfully possess in the container delivered to him by the apothecary or physician and upon which the label signed by the apothecary or physician is affixed an amount of such drug not exceeding that stated upon the label. § 431. Administration of drugs by hospitals and in- Adminis- stitutions. A hospital, sanatorium or other institution ^mg^by * maintained by the United States or the state or any hospitals . . and insti- of its political subdivisions, or a public hospital or other tutions institution in which persons are treated for disability or disease other than drug addiction or a public hos- pital, sanatorium or institution in which persons are treated for inebriety or drug addiction or a private hospital or institution registered with the department in which persons are treated for disability or disease other than drug addiction or a private hospital, sanatorium, institution or place in which persons are treated for inebriety or drug addiction and which shall have an unrevoked certificate of authority issued by the department may, under the supervision of a physician, administer cocaine or opium or its derivatives to inmates who are under treatment as patients. § 432. Private hospitals and institutions to be Private authorized. Cocaine or opium or its derivatives shall an d P1 in- S not be administered in nor shall any person be treated stations ^ L to be au- for inebriety or drug addiction in a private hospital, thorized sanatorium, institution or place maintained or con- ducted in whole or in part for the treatment of inebriety or drug addiction unless a certificate of authority shall first have been procured from the department authorizing the same and' then only so long as such certificate shall remain unrevoked. § 433. Hypodermic syringe. Xo person except a H >p° der - dealer in surgical instruments, apothecary, physician, syringe dentist, veterinarian or nurse, attendant or interne of 292 The Public Health Manual Manufac- turer's records and reports Whole- saler's , recordis and reports a hospital, sanatorium or institution in which persons are treated for disability or disease shall at any time have or possess a hypodermic syringe or needle unless such possession be authorized by the certificate of a physician issued within the period of one year, prior thereto. § 434. Records and reports. 1. Manufacturers. Each manufacturer who shall sell or distribute any cocaine or opium or its derivatives within or for use or distri- bution within the state shall keep a record in detail of all such drugs manufactured by him and a record of all such drugs sold or distributed by him within or for use or distribution within the state which record shall contain the date of each such sale or distribution, the name and amount and form of each such drug so sold or distributed and the name and address of each person to whom so sold or distributed. He shall quarterly, or oftener if required by the commissioner, make and mail to the department a detailed report, on oath, setting forth all of the information contained in such records. 2. Wholesalers. Each wholesaler who shall purchase or receive or sell or distribute any cocaine or opium or its derivatives within the state or for use or distri- bution within the state shall keep a record in detail of all such drugs so purchased or received by him which shall contain the date of each purchase or receipt, the name and address of the person from whom and the name and quantity of each such drug so purchased or received. He shall also keep a like record in detail of all such drugs sold or distributed by him within or for use or distribution within the state which shall contain the date of each such sale or distribution, the name, amount and form of each such drug so sold or distri- buted and the name and address of each person to whom so sold or distributed. He shall quarterly, or oftener if required by the commissioner, mail to the department Narcotic Drug Control 293 a detailed report on oath setting forth all of the information contained in such records. 3. Apothecaries. Each apothecary shall keep a Apothe- record of all cocaine or opium or its derivatives pur- fjords chased or received by him which shall contain the date and reports of each purchase or receipt, the name and address of each person from whom and the name and quantity of each such drug purchased or received. He shall also keep a record of the amount of each of such drugs sold by him at wholesale or sold or dispensed by him upon official order blanks which shall contain the date when, the name and address of each person to whom and the name and quantity of each such drug so dis- pensed. He shall also keep a record of the amount of each of such drugs used by him in the preparation of preparations and remedies, together with the amount used for each such purpose and how such preparations or remedies have been disposed of. He shall also keep a record of the gross amount of each of such drugs dispensed by him upon prescription. He shall as required by the commissioner, make and mail to the department a report setting forth such of the infor- mation contained in such records as the commissioner may require, together with the amount of each such drug on hand upon the date of such report. 4. Physicians. Each physician shall keep a record physician's of all cocaine or opium or its derivatives purchased or ^ c ^ rds received by him, which shall contain the date of each reports purchase or receipt, the name and address of each person from whom and the name and quantity of each such drug purchased or received. He shall also keep a record of the gross amount of each of such drugs administered by him to patients, dispensed by him to patients while absent from his office in personal attendance upon them and dispensed by him to patients in quantity not exceeding lawful quantity. He shall also keep a record of each of such drugs otherwise 294 The Public Health Manual Institu- tions, records and reports Dentists and veter- inarians' records and reports dispensed by him which shall contain the date when, the name and address of each person to whom and the name and amount of each such drug so dispensed. He shall, as required by the commissioner, make and mail to the department a report setting forth such of the information contained in such records as the com- missioner may require, together with the amount of each such drug on hand upon the date of such report. 5. Hospitals, sanatoriums and other institutions. Each hospital, sanatorium or other institution author- ized by the provisions of this article to administer cocaine or opium or its derivatives shall keep a record which shall contain the date of each purchase or receipt, the name and address of each person from whom and the name and quantity of each such drug- purchased or received. It shall also keep a record of the gross amount of each such drug administered. It shall as required by the commissioner, make and mail to the department a report setting forth the infor- mation contained in such records, together with the amount of each such drug on hand upon the date of such report. 6. Dentists and veterinarians. Each dentist and veterinarian shall keep a record, which shall contain the date of each purchase or receipt by him of cocaine or opium or its derivatives the name of each person from whom and the name and amount of each such drug purchased or received. Each dentist shall also keep a record of the gross amount of each such drug administered. Each veterinarian shall also keep a record of the gross amount of each drug administered or dispensed. He shall as required by the commis- sioner, make and mail to the department a report set- ting forth the information contained in such records, together with the amount of each drug on hand upon the date of such report. The commissioner may require each person author- Narcotic Drug Control 295 ized to manufacture, distribute, dispense, sell, prescribe or administer any of such drugs, to keep such additional records and make such other further or different reports as he may determine. Each prescrip- tion* written upon an official blank and each other record, except prescriptions required to be kept by an apothecary, shall be contained in books the leaves of which shall be permanently bound together. Each record required by the provisions of the article to be kept shall be kept in a place easily accessible and shall be accessible to the department for a period of at least two years. § 435. Drugs delivered to department. All drugs Drugs which have been seized and judicially determined to to^epart- have been unlawfully possessed or the title to which m ent shall have ceased and the same shall have come into the hands of a peace officer shall, upon the direction of a court or magistrate, be delivered to the depart- ment. Drugs may be surrendered to the department. All drugs in the final possession of the department may be disposed of by the commissioner. § 43>6. Exemptions from restrictions. The provisions Exem P- tions from of this article restricting the possession of cocaine, restric- opium or its derivatives shall not apply to common 10ns carriers or warehousemen or their employees engaged in lawful transportation or storage of such drugs, nor to public officers or employees while engaged in the performance of their official duties, nor to temporary incidental possession on the part of employees or agents of persons lawfully entitled to possession. § 43*7 . Records confidential. All papers, records, Records information, statements, and data filed with the fidential department or kept by any person pursuant to the provisions of this article, and all records of proceed- ings or actions taken by the commissioner or any of his deputies pursuant to the provisions of this article, shall be regarded as confidential, and shall' not be open 296 The Public Health Manual Commit- ment of addicts Procedure Discharge to inspection by the public or any person other than the official custodian of such records, such persons as may be authorized by law or the commissioner to inspect such records, and the persons duly authorized to prosecute or enforce the federal statutes or the laws of the state of New York, but then only for the purpose of such prosecution or enforcement. No employee or other person shall disclose or aid in the disclosure of such, or any part of such papers, records, information, statements, or data to any person not authorized by law or the commissioner to inspect the .same. § 438. Commitment of addicts; procedure; treat- ment; discharge. The habitual use of cocaine, opium or its derivatives, except as administered, prescribed or dispensed by a physician, is hereby declared to be dangerous to the public health and safety. Whenever a complaint is made to any magistrate that any person is so addicted, or upon the voluntary application to him of an addict, he may, if satisfied of the truth thereof and that the person is suffering from such drug addiction, commit such person to a state, county or city hospital, or institution licensed under the state lunacy commission or any correctional or charitable institution maintained by the state or any political subdivision thereof, or private hospital, sanatorium or institution having an unrevoked certificate of authority from the department, for the treatment of disease or inebriety. Any court having jurisdiction of a defen- dant who is a prisoner in a criminal action or pro- ceeding, if it appears that such defendant is an habitual user of any of such drugs and is suffering as a result of such addiction, may likewise commit such defendant, at any stage of such action or proceeding and may direct a stay of proceedings, or suspend sentence or withhold conviction pending the period of such com- mitment. Whenever the chief medical officer of such an institution shall certify to the committing magis- .Narcotic Drug Control 297 trate 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 com- mitment discharge the person so committed, or return such person to await the further action of the court, provided, however, that when such a commitment is to an institution under the jurisdiction of a department of correction, or other similar department in a city of the first class, where there is a parole commission 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 certificate. § 43'9. Voluntary hospital commitment. Any public voluntary hospital, sanatorium or institution may accept as a c ^^. charity patient any person voluntarily applying for m ent treatment for drug addiction and any such institution may, if a voluntary applicant signs a statement that he is suffering from drug addiction and desires treat- ment, in the same manner and subject to the same rules and restrictions as if committed by a magistrate, receive such person without formal commitment, with like effect as if formally committed, subject to dis- charge when sufficiently treated, or for any other reason deemed adequate. The commissioner or any local health board or officer may likewise on such an appli- cation and signed statement place the applicant in any hospital receiving such patients at public expense. The department shall adopt blank forms of applications and orders for such treatment and on request shall furnish copies thereof to any such institution or officer. The provisions of this section shall not restrict the right of any hospital, sanatorium or institution to accept and treat patients for drug addiction at other than public expense. § 440. Fraud, deceit, et cetera. Any fraud, deceit, Fraud, misrepresentation, subterfuge, concealment of a 298 The Public Health Manual False repre- tentations Revoca- tion of licenses material fact or the use of a false name or the giving of a false address in obtaining treatment in the course of which cocaine or opium or its derivatives in excess of lawful quantity shall be prescribed or dispensed or in obtaining any supply of such drugs shall constitute a violation of the provisions of this article. For the enforcement of the provisions of this article statements, representations or acts herein referred to shall not be privileged as confidential communications. § 441. False representations, et cetera. No official blanks shall be issued to any person who shall have been convicted of a violation of any of the provisions of this article unless the commissioner be satisfied, from proof presented to him, that such violation was not wilful. No person shall for the purpose of obtaining any quantity of cocaine or opium or its derivatives falsely assume the title of or represent himself to be a wholesaler, pharmacist, "druggist, physician, dentist or veterinarian or to be engaged in the conduct of lawful business in or use or distribution of any of such drugs, nor utter any false- or forged order or prescription for or label affixed to the container of any of such drugs or alter, deface or remove any such label or keep any false record or make any false report under the provisions of this article. § 442. Revocation of licenses. Any license hereto- fore issued to any physician, dentist, veterinarian, pharmacist, druggist or registered nurse may be revoked or suspended by the proper officers or boards having power to issue licenses to any of the foregoing upon proof that the licensee is addicted to the use of any habit-forming drug or drugs after giving such licensee reasonable notice and opportunity to be heard. Whenever it shall appear that such licensee has fully ... recovered and is no longer an addict to any of such drugs, such board may grant a rehearing and in its discretion reissue or reinstate the license of such Xaecotic Drug Control 299 licensee. Whenever any pharmacist, druggist, physi- cian, dentist, veterinarian or registered nurse shall have been convicted of the violation of any of the pro- visions of this article, any officer or board having power to issue licenses to any such physician, dentist, veter- inarian, pharmacist, druggist or registered nurse may, after giving such licensee reasonable notice and opportunity to be heard, suspend or revoke the same. •§ 443. Penalties. A violation of any of the pro- penalties visions of this article shall constitute a misdemeanor. § 444. Exceptions and exemptions not required to "be Excep- ..,'.,,' tions and negatived. In any complaint, information, indictment exemp- or other writ or in any action or proceeding laid or required brought under or for the enforcement of any of the t0 be ° negatived provisions of this article it shall not be necessary to negative an exception or exemption and the burden of proof shall be upon the defendant or person proceeded against to establish affirmatively any exception or exemption claimed. § 445. Construction of article. The provisions of this construc- article shall be construed not as an act in derogation of article the powers of the state but as one intended to aid the state in the execution of its duties, and shall be liberally construed so as to carry into effect the objects and purposes hereof. The provisions of this article, so far as they are substantially the same, or cover the same subject-matter, as those of any law repealed by this act, shall be construed as a continuance of such repealed law, modified or amended, according to the language employed herein and not as new enactments. References in a law not repealed to the provisions of any law incorporated into this article or repealed by this act shall be construed as applying to the pro- visions so incorporated. The meaning and effect of the terms and language used herein shall be construed in accordance with the provisions of the statutory con- struction law. 300 The Public Health Manual Actions pending, not affected § 2. The repeal of a law, or any part of it by the provisions of this act, shall not affect or impair any act done or right accruing, accrued, or acquired, or penalty, forfeiture or punishment incurred prior to the time when this act takes effect under or by virtue of the law so repealed, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such law had not been repealed; and all actions or proceedings, civil or criminal, commenced under or by virtue of any law so repealed and pending when this act takes effect, may be prosecuted and defended to final effect in the same manner as they might under any such law so repealed. § 3. All of article eleven-a of chapter forty-nine of the laws of nineteen hundred and nine, entitled "xAri act in relation to the public health, constituting chapter forty-five of the consolidated laws," as added by Art. xia chapter three hundred and sixty- three of the laws of Health nineteen hundred and fourteen and as subsequently P a !Lf nd , added to and amended, and sections seventeen hundred S 1/45 and ' § 1746 of an( i forty-five and seventeen hundred and fortv-six of Penal Law " repealed chapter eighty-eight of the laws of • nineteen hundred and nine, entitled "An act providing for the punish- ment of crime, constituting chapter forty of the con- solidated laws," as added, substituted or amended; and all acts or parts of acts inconsistent with the pro- visions of this act are hereby repealed, such repeal to take effect on the first day of February, nineteen hundred and nineteen. § 4. Sections four hundred and twenty-one and four hundred and twenty-two of this article and so much of section four hundred and twenty- three of this article as pertains to registry shall take effect on the first day Date of of November, nineteen hundred and eighteen, the other effect sections of such article shall take effect on the first day of Februarv, nineteen hundred and nineteen. Bueeau or Venereal Diseases 301 CHAPTER 342.* Establishing a bureau of venereal disease and making an appropriation therefor. Section 1. There is hereby established in the state Bureau of department of health a bureau of venereal diseases. dfseases § 2. Said bureau shall be under the direction of the state commissioner of health who shall appoint all necessary employees thereof and fix their salaries. Said Power of J L l bureau bureau shall be authorized to buy, manufacture and dispense under such conditions as may be prescribed by the state commissioner of health remedies for the treatment of veneral diseases, to examine specimens submitted to it, to make all necessary tests, provide and distribute literature and to use such other means as seem desirable for the instruction of the public and the suppression and cure of venereal diseases, and to take such further action as seems necessary to secure this end. (Became a law April 30, 1918.) * See Art. XVII-B Public Health Law, p. 237 302 The Public Health Manual Scope code of Violation misde- meanor New York city excepted Supersedes local or- dinances THE SANITARY CODE ESTABLISHED BY THE PUB- LIC HEALTH COUNCIL OF THE STATE OF NEW YORK Introductory Note The public health law of the state of New York, as amended by chapter 559 of the laws of 1913, provides as follows: " Section 2-b. Sanitary code. The public health coun- cil shall have power by the affirmative vote of a major- ity of its members to establish and from time to time amend sanitary regulations, hereinafter called the sani- tary code, without discrimination against any licensed physicians. The sanitary code may deal with any mat- ters affecting the security of life or health or the preser- vation and improvement of public health in the state of New York, and with any matters as to which jurisdic- tion is hereinafter conferred upon the public health council. The sanitary code may include provisions regulating the practice of midwifery and for the promo- tion of health in any or all Indian reservations. * * * The provisions of the sanitary code shall have the force and effect of law and any violation of any portion thereof may be declared to be a misdemeanor. 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. Section 2-c. Enforcement of sanitary code. The pro- visions of the sanitary code shall, as to matters to which it relates, and in the territory prescribed therefor by the public health council, supersede all local ordi- nances heretofore or hereafter enacted inconsistent therewith. Each city, town, or village may, in the manner hereinafter prescribed, enact sanitary regula- tions not inconsistent with the sanitary code established The Sanitary Code 303 by the public health council. The public health council council shall have power to prescribe by regulations the qualifi- may pre " cations of directors of divisions, sanitary supervisors, quaim'ca- local health officers hereafter appointed and public health nurses. * * * " Under the public health law, all local health officers Health have the power, and it is their duty, to carry into to enforce effect in their respective jurisdictions the provisions of Code the public health law and the sanitary code, and the orders and regulations, not inconsistent therewith, of their respective boards of health. The state commissioner of health, under the same law, has the power, and it is his duty, to exercise general supervision over the work of all local health authorities, except in the city of New York, and to see that the provisions of the public health law and the sanitary code are enforced. The sanitary code supplements but does not take the place of the provisions of the public health law or of any amendments thereto, or of any of the laws relating to the public health or to the powers or duties of the state commissioner of health, the state department of health, local boards of health or local health officers. Additions to the sanitary code will be made from time to time. CHAPTER I Definitions and General Provisions Regulation i. Definitions. Unless otherwise specifi- cally provided herein, the following words and terms used in this code are defined for the purposes thereof as follows: ( 1 ) The term " communicable disease " means such com- communicable disease as may be designated in regula- ^g™* 1316 tion one of chapter two of the code. defined ( 2 ) The term " municipality " means and includes Munici- a city, town or village. defined 304 The Public Health Manual Board of health defined Health officer defined Violations mis- demeanors (3) The term "board of health" or " local board of health " means and includes the local board, department, or commissioner of health, or other body or official of a municipality, by whatever title the same may be known, having the usual powers and duties of the board of health of a municipality. (4) The term "health officer" or "local health offi- cer " means and includes the health officer, or other officer of a municipality, by whatever title he may be known, having the usual powers and duties of the health officer of a municipality. This regulation as amended shall take effect August 1, 1918. (Am'd March 20, 1917 and June 25, 1918.) Regulation 2. Violations declared to be misdemeanors. Any violation of any provision of this code is hereby declared to be a misdemeanor and is punishable by a fine of not more than fifty dollars or by imprison- ment for not more than six months, or by both. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of March, 1916. (Am'd Jan. 22, 1916.) Regulation 3. When to take effect. Every regulation in this chapter, unless otherwise specifically stated, shall take effect on the first day of May, 1914. Com- municable diseases desig- nated CHAPTER II Communicable Diseases Regulation x. Communicable diseases designated. For the purpose of this code the term communicable disease shall be held to include the following diseases, which are hereby declared to be communicable through the conveyance of infective organisms. The com- municable diseases, for convenience of administration, are divided into two groups: A. Anthrax Chickenpox Cholera, Asiatic The Sanitary Code 305 Diphtheria ( membranous croup ) Dysentery, amoebic and bacillary Epidemic cerebrospinal meningitis Epidemic influenza Epidemic or streptococcus (septic) sore throat German measles Glanders Measles Mumps (suppurative conjunctivitis Ophthalmia neonatorum of the new-born) Para-typhoid fever Plague Pneumonia a. acute lobar b. bronchial or lobular Poliomyelitis, acute anterior (infantile paralysis) Puerperal septicaemia Rabies Scarlet fever Smallpox Tetanus Trachoma Tuberculosis Typhoid fever Typhus fever Whooping cough B. Syphilis Gonorrhoea Chancroid This regulation as amended shall take effect Oct. 14, 1918. (Am'd Mar. 20, 1917 ; May 17, 1917, Dec. 27, 1917, June 25, 1918, August 1, 1918 and October 11. 1918.) Reporting Regulation a. Reporting cases of communicable dis- mmiicabie ease by physicians. It shall be the duty of every phy- ^SSjj&J* 306 The Public Health Manual Syphilis gonorrhea and chanrcoid Reporting by physcians Reporting persons bitten by rabid animals Heajth officer to transmit reports sician to report to the local health officer, within whose jurisdiction such patient is, the full name, age and address of every person affected with a communicable disease enumerated in regulation 1, group A, together with the name of the disease, within twenty-four hours from the time the case is first seen by him. Such report shall be by telephone or telegram, when practicable, and shall also be made in writing, except that the written notice may be omitted with the approval of the state commissioner of health in cities of the first class. (Amended January 27, 1916, and June 25, 1918, in effect August 1, 1918.) Regulation 2-a. Submitting specimens for labora- tory examination in cases of syphilis, gonorrhoea and chanroid. It shall be the duty of every physician to submit promptly to the laboratory of the state depart- ment of health, or to a laboratory approved by the state commissioner of health for this purpose, such specimens for laboratory examination and such data relating thereto, as may be prescribed in the special rules and regulations issued by the state commissioner of health, from every person affected with any one of the communicable diseases mentioned in regulation 1, group B, or from any person in whom suspicion of such disease exists. (Added June 25, 1918, in effect August 1, 1918.) Regulation 2-b. Reporting cases of persons bitten by a rabid animal. It shall be the duty of every physi- cian or other person to report to the local health officer within whose jurisdiction such person is, the full name, age and address of every person who has been bitten (a) by a rabid animal, (b) by an animal suspected of being rabid, within twenty-four hours from the time when such fact comes to his knowledge. It shall be the duty of the health officer to transmit promptly these reports to the state department of health. The Sanitary Code 307 This regulation shall take effect June 1, 1917. (Added May 17, 1917.) Regulation 3. Reporting cases of communicable dis- Reporting ease in institutions. It shall be the duty of the super- municabie intendent or person in charge of every hospital, other - llsease tt institution, or dispensary, to report to the local health tions officer, within whose jurisdiction any such hospital, other institution, or dispensary is located, the full name, age, and address of every person under his charge affected with a communicable disease, together with the name of the disease, and the name and ad- dress of the person or organization in whose care the case was immediately prior to admission or by whom the case was referred, within twenty-four hours from the time when the case first develops or is first ad- mitted to such hospital, other institution, or dispen- sary. Such report shall be by telephone or telegram, when practicable, and shall also be made in writing. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of May, 1915. (Am'd Mar. 4, 1915.) Regulation 4. Reporting cases of disease presumably Teacher communicable in schools. When no physician is in at- ^seale^ tendance, it shall be the duty of every teacher to presum- report forthwith to the principal or person in charge municabie of the school all facts relating to the illness and physi- cal condition of any child in such school who appears to be affected with a disease presumably communicable. It shall be the duty of the principal or person in charge Principal of every school to report forthwith to the local health \° health officer -all facts relating to the illness and physical offl cer condition of any child attending such school, who ap- pears to be affected with any disease presumably com- municable, together with the name, age, and address of ?uch child. Such child shall be at once sent home or isolated. 308 The Public Health Manual House- * holder to report cases of disease presum- ably com- municable Nurses and per- sons in charge of camps to report cases of disease presum- ably com- municable Reporting cases of disease presumably com- municable on vessels Regulation 5. Reporting cases of disease presumably communicable in private households, hotels, boarding and lodging houses. When no physician is in attend- ance, it shall be the duty of the head of a private house- hold or the proprietor or keeper of any hotel, boarding house, or lodging house, to report forthwith to the local health officer all facts relating to the illness and physical condition of any person in any private household, hotel, boarding house or lodging house under his charge, who appears to be affected with any disease presumably communicable, together with the name of such person. (Am'd Sept. 18, 1914.) Regulation 6. Reporting cases of disease presumably communicable by nurses and persons in charge of camps. It shall be the duty of every visiting nurse and public health nurse and of the person in charge of any labor or other camp, having knowledge of any person affected with any disease presumably communicable, who by reason of the danger to others seems to require the attention of the public health authorities, to report at once to the local health officer, within whose jurisdic- tion such case occurs, all facts relating to the illness and physical condition of such affected person. Regulation 7. Reporting cases of disease presumably communicable on vessels. It shall be the duty of the master or person in charge of any vessel lying within the jurisdiction of the state to report or cause to be reported immediately in writing to the local health officer at such ports or landings as the state commis- sioner of health may designate all facts relating to the illness and physical condition of any person in or on such vessel affected with any disease presumably com- municable, together with the name of such affected person. This regulation shall not apply to any vessel within the jurisdiction of the health officer of the port of New York. Regulation 8. Reporting cases of communicable dis- ease on dairy farms by physicians. When a case of The Sanitary Code 309 Asiatic cholera, diphtheria, amoebic or bacillary dysen- Reporting tery, epidemic cerebrospinal meningitis, epidemic or ll) " imuni " septic sore throat, para-typhoid fever, poliomyelitis, disease on acute anterior, scarlet fever, smallpox, or typhoid fever farms, by exists on any farm or dairy producing milk, cream, P h y sicians butter, or other dairy products for sale, it shall be the duty of the physician in attendance to report immedi- ately to the local health officer the existence on such farm or dairy of such case. It shall be the duty of the health officer to report immediately to the state commissioner of health, by telephone or telegram, the existence on such farm or dairy of such case, together with all facts as to the isolation of such case, and giving the names of the localities to which such dairy products are delivered This regulation as amended shall take effect through- out the state of New York, except in the city of New York, on June 1, 1917. (Am'd Oct. 5, 1915, and May 17, 1917.) Regulation g. Reporting cases of disease presumably Reporting communicable on dairy farms by owner or person in disease , iT-n -i • • • j . n .-,,,, presum- cnarge. When no physician is in attendance, it shall be ably eom- the duty of the owner or person in charge of anv farm municabie, . A ° ■: on dairv or dairy producing milk, cream, butter, cheese, or other farm, by food products likely to be consumed raw, to report p^son in forthwith to the local health officer the name and ad- charge dress and all facts relating to the illness and physical condition of any person, who is affected with any di- sease presumably communicable, and who is employed or resides on or in such farm or dairy, or comes in contact in any way therewith or with its products. Regulation io. Diphtheria; material for cultures to cultures be submitted. In every case of illness which there is when reason to suspect is diphtheria, it shall be the duty reason 'to of the attending physician or, if the local health au- ^ s ^ , ° r •* ' diphtheria thorities so require, of the health officer promptly to take material for cultures from the throat of the suspected person and submit the same for examination 310 The Public Health Manual Isolation in cases of com- municable disease Adults not to be quaran- tined in certain cases Removal of cases of com- municable disease to a state, county, or municipal bacteriological labora- tory, or to a laboratory approved by the state commis- sioner of health. Regulation io-a. Typhoid or para- typhoid fever; samples of blood to be submitted. In every case of illness which there is reason to suspect may be typhoid or para-typhoid fever it shall be the duty of the attend- ing physician to take a sample of the blood of the sus- pected person and submit the same for an agglutination test to a state, county or municipal bacteriological laboratory or to a laboratory approved by the state commissioner of health. (Added June 25, 1918, in effect August 1, 1918.) Regulation n. Isolation of persons affected with communicable diseases. It shall be the duty of every physician, immediately upon discovering a case of com- municable disease, to secure such isolation of the patient, or to take such other action, as is required by the special rules and regulations which from time to time may be issued by the local health authorities or by the state department of health. Regulation 12. Adults not to be quarantined in cer- tain cases. When a person affected with a communicable disease is properly isolated on the premises, except in cases of smallpox, adult members of the family or household, who do not come in contact with the patient or with his secretions or excretions, unless forbidden by the health officer, may continue their usual vocations, provided such vocations do not bring them in close contact with children, nor require that they shall handle food or food products intended for sale. This regulation as amended shall take effect June 1, 1917. (Am'd May 17, 1917.) Regulation 13. Removal of cases of communicable disease. After isolation by the local health officer no person, without permission from him, shall carry, re- move, or cause or permit to be carried or removed from The Sanitary Code 311 any room, building, or vessel any person affected with diphtheria, scarlet fever, smallpox, or typhus fever. Without permission from the local health officer no Removal of person shall carry, remove, or cause or permit to be £*^f of carried or removed from or to any hotel, boarding house, municabie lodging house, or other dwelling, any person affected with chickenpox, diphtheria, epidemic cerebrospinal hoteT meningitis, epidemic or septic sore throat, measles, boarding mumps, poliomyelitis (infantile paralysis), scarlet house fever, smallpox, typhus fever, or whooping cough. Without permission from the local health officer no From master of any vessel or other person shall remove or aid in removing, or permit the removal, from any such vessel to the shore of any person affected with any communicable disease. This regulation shall not apply to any vessel within the jurisdiction of the health officer of the port of. New York. This regulation as amended shall take effect June 1, 1917. (Am'd May 17, 1917.) Regulation 14. Removal of articles contaminated with Removal infective material. Without instruction from the contSi? eS health officer no person shall carrv, remove, or cause or nated with r J ' infective permit to be carried or removed from any room, build- material ing, or vessel, any article which has been subject to con- tamination with infective material through contact with any person or with the secretions of any persons affected with Asiatic cholera, diphtheria, scarlet fever, smallpox, typhoid fever, or typhus fever, until such article has been disinfected according to the special rules and regulations of the state department of health. Without permission of the local health officer no From master of any vessel or other person shall remove or vessels aid in removing or permit the removal from any such vessel to the shore of any article which has been subject to contamination with infective material through con- tact with' any person or with the secretions of any 312 The Puelic Health Manual Right of entrance and in- spection health officer, nurse, etc. Physician to give instruc- tions in regard to disin- fection and disposal of excreta Physician to give instruc- tions as t disinfec- tion of discharges person affected with Asiatic cholera, diphtheria, scarlet fever, smallpox, typhoid fever, or typhus fever. This regulation shall not apply to any vessel within the jurisdiction of the health officer of the port of New York. This regulation as amended shall take effect July 14, 1917. (Am'd July 10, 1917.) Regulation 15.. Right of entrance and inspection. No person shall interfere with or obstruct the entrance to any house, building, or vessel by any inspector or officer of the state or local health authorities, in the discharge of his official duties, nor shall any person interfere with or obstruct the inspection or examination of any occu- pant of any such house, building, or vessel by any inspector or officer of the state or local health authori- ties, in the discharge of his official duties. t Regulation 16. Instructions as to disinfection of ex- creta in Asiatic cholera, dysentery, para-typhoid fever, and typhoid fever. It shall be the duty of the physician in attendance on any case suspected by him to be Asiatic cholera, dysentery, para-typhoid fever, or typhoid fever, to give detailed instructions to the nurse or other person in attendance in regard to the disinfection and disposal of the excreta. Such instruc- tions shall be given on the first visit, and shall con- form to the special rules and regulations of the state department of health. It shall be the duty of the nurse or person in attendance to carry out 'the dis- infection in detail until its discontinuance is permitted by the local health officer. Regulation 17. Instructions as to disinfection of dis- charges in diphtheria, epidemic cerebrospinal meningitis, epidemic or septic sore throat, measles, poliomyelitis (in- fantile paralysis), scarlet fever, smallpox, and whooping cough. It shall be the duty of the physician in attend- ance on any case suspected by him to be diphtheria, t Penal Law, § 1741, p. 519 The Sanitary Code 3 13 epidemic cerebrospinal meningitis, epidemic or septic sore throat, measles, poliomyelitis (infantile paralysis), scarlet fever, smallpox, or whooping cough, to give detailed instructions to the nurse or other person in attendance in regard to the disinfection and disposal of the discharges from the nose, mouth and ears of the patient. Such instructions shall be given on the first visit and shall conform to the special rules and regula- tions of the state department of health. It shall be the duty of the nurse or person in attendance to carry out the disinfection in detail until its discontinuance is permitted by the local health officer. Regulation 18. Precautions to be observed by physi- Pren au - cians and attendants. The physician or nurse or other tions ** necessary attendant upon a case of diphtheria, measles, anf T? or scarlet fever, after attendance upon the case, shall tendants take precautions and practice measures of cleansing or disinfection of his person or garments to prevent the conveyance to others of infective material from the patient. fhfT 1 * 1 **? 19 ' D * st * ibution of circulars. It shall be Health the duty of every health officer, as soon as a case of rer t0 diphtheria, epidemic cerebrospinal meningitis, epidemic SSE or septic sore throat, measles, poliomvelitis (infantile Paralysis), scarlet fever, smallpox, typhoid fe-er, typhus fever, or whooping cough is reported to him, or as soon thereafter as possible, to give every family or individual living in the house or building, in which such case is the circulars of information and copies of any rules and regulations, printed in a language understood by s ich individual, concerning such diseases which may be issued by the state department of health or the local health authorities. The health officer shall also notifv Tenants every family or individual living in the house of the t0 be existence of such disease. notlfierl Regulation 20. Posting placards. When a case of w diphtheria, epidemic cerebrospinal meningitis measles P lac ^s poliomyelitis (infantile paralysis), scarlet fever, small- offl- to tribute 314 The Public Health Manual Inter- ference with placards Prevent- ing spread of com- municable disease in institutions Isolation wards re- quired for institutions for children Exposure of persons affected with com- municable disease pox, whooping cough, or typhus fever exists in any house, or apartment, or room, it shall be the duty of the health officer to post upon such house, or apartment, or room, or rooms, in which such case is isolated, near the entrance thereof, a placard stating the existence therein of a communicable disease. This regulation as amended shall take effect Novem- ber 1, 1918. (Amended Oct. 14, 1918,) Regulation 21. Interference with placards. Xo per- son shall interfere with or obstruct the posting of any placard by any health authority in or on any place or premises, nor shall any person conceal, mutilate, or tear down any such placard, except by permission of the health authority. In the event of such placard being concealed, muti- lated, or torn down, it shall be the duty of the occupant of the premises concerned immediately to notify the local health officer. Regulation 22. Preventing the spread of communi- cable diseases in institutions. It shall be the duty of the superintendent or person in charge of any hospital, or other institution, or dispensary, in which there is a person affected with any communicable disease, to take such steps as will, so far as practicable, prevent the spread of infection and trace its original source. This regulation as amended shall take effect July 14, 1917. (Amended July 10, 1917.) Regulation 23. Isolation wards required for institu- tions for children. Every institution for children, in which twenty or more children sleep, shall be provided with at least one isolation ward, or room or apartment or tent, so related to the rest of the building as to make proper isolation therein practicable. Regulation 24. Exposure of persons affected with communicable disease. t No person shall permit any child, minor or other person under his charge, affected t Penal Law, § 1756, p. 523 The Sanitary Code 315 with diphtheria, measles, poliomyelitis, acute anterior (infantile paralysis), scarlet fever, smallpox or typhus fever, to associate with others than his attendants. No person affected with any of said diseases shall expose himself in such manner as to cause or contribute to, promote or render liable their spread. This regulation as amended shall take effect imme- diately upon its being filed in the office of the Secre- tary of State. (Filed July 18, 1916.) (Amended Sept. 29, 1914 and July 11, 1916.) Regulation 25. Needless exposure to communicable Needless disease forbidden. No person shall expose or permit the exposure visiting, association, or contact of any child, minor, or mun ° caDle other person under his charge, with any person affected !? is j^® with diphtheria, measles, scarlet fever, smallpox, typhus fever, whooping cough, syphilis, gonorrhoea, or chan- croid in the infective stages, or with discharges of any kind from the person of a patient affected with any of said diseases. No person shall needlessly expose himself, or visit, or associate, or come in personal contact with, a case of any of said diseases, or the discharges therefrom, or in any manner cause or contribute to, promote or render liable, the spread thereof. (Amended June 25, 1918, in effect August 1, 1918.) Regulation 26. Exclusion from school of cases of dis- Exclusion ease presumably communicable. It shall be the duty of gaols' the principal or other person in charge of any public, Sunday private, or Sunday school to exclude therefrom any ^gease child or other person affected with a disease presumably presumably communicable until such child or other person shall have municabie presented a certificate issued by the health officer or medical inspector, or by the attending physician and countersigned by the health officer or by the medical inspector, stating that such child or other person is not liable to convey infective material.* This regulation as amended shall take effect imme-. * See Education Law, § 575, p. 445 316 \f he Public Health Manual Exclusion from schools and gatherings, certain com- municable diseases Exclusion from schools of children of house- holds Chicken- pox, German measles, mumps, whooping cough diately. (Filed November 25, 1916. ) ( Amended Novem- ber 21, 1916.) Regulation 27. Exclusion from schools and gather- ings of cases of certain communicable diseases. No per- son affected with chickenpox, diphtheria, epidemic cere- brospinal meningitis, epidemic influenza, epidemic or septic sore throat, German measles, measles, mumps, poliomyelitis (infantile paralysis), scarlet fever, small- pox, trachoma, or whooping cough, shall attend or be permitted to attend any public, private, or Sunday school, or any public or private gathering. Such exclu- sion shall be for such time and under such conditions as may be prescribed by the local health authorities, not inconsistent with the provisions of this code or the special rules and regulations of the state department of health. (Amended January 10, 1919, in effect January 15, 1919.) Regulation 28. Exclusion from schools and gatherings of children of households where certain communicable diseases exist. Every child who is an inmate of a household in which there is, or has been within fifteen days, a case of chickenpox, diphtheria, epidemic cerebro- spinal meningitis, German measles, measles, mumps, poliomyelitis (infantile paralysis), scarlet fever, small- pox, or whooping cough, shall be excluded from every public, private, or Sunday school and from every public or private gathering of children for such time and under such conditions as may be prescribed by the local health authorities, not inconsistent with the provisions of this code or the special rules and regulations of the state department of health. Regulation 29. Precautions to be observed in chicken- pox, German measles, mumps, and whooping cough. No person affected with chjckenpox, German measles, mumps, or whooping cough shall be permitted to come in contact with or to visit any child who has not had such disease or any child in attendance at school. The Sanitary Code 317 Regulation 29-a. Instruction of persons affected i nstr uc- with syphilis, gonorrhoea or chancroid. It shall be tion of persons the duty of every physician when first attend- affected ing a person affected with syphilis, gonorrhoea or venereal chancroid to instruct said person in the precautions dlsease to be taken in order to avoid the communication of the disease to others, and to inform him of the necessity of continuing treatment until cured; and further to hand to him a circular of information and advice issued or approved by the state commissioner of health. (Added March 20, 1917, and amended June 25, 1918, in effect August 1, 1918.) Regulation 29-b. Records of cases of syphilis, Records gonorrhoea and chancroid not to be disclosed. Records con nent a of the state department of health or of any local de- partment or local health officer, relating to cases of syphilis, gonorrhoea and chancroid shall not be made public so as to disclose the identity of the persons to whom they relate, except insofar as may be necessary to safeguard the public health against those who dis- obey the rules and regulations of the state and local officials relating to these diseases or to secure con- formity to the laws of the state. (Added May 17, 1917, and amended June 25, 1918, in effect August 1, 1918.) Regulation 29-c. Occupations forbidden by persons occupa- affected with syphilis or gonorrhoea in the infective b° d ^ s en for ~ stages. No person affected with syphilis in the infective stage shall engage in the occupation of nurse, nurse- maid, domestic servant, barber, hairdresser, chiropodist, manicure, bath attendant or masseur, or in any other occupation in which he may infect others with syphilis. No person affected with gonorrhoea in the infective stage shall engage in any occupation which involves intimate contact with children. (Added June 25, 1918, in effect August 1, 1918.) 318 The Public Health Manual Persons violating laws to he re- ported Regulation 29-d. Reporting persons violating laws and regulations concerning syphilis, gonorrhoea and chancroid. If any person affected with syphilis, gonor- rhoea or chancroid shall violate any regulation of this code by which the public is safeguarded against these diseases, or any provision of the public health law relating to the so-called " venereal diseases," through which violation in the judgment of a physician at- tending him said person becomes a menace to the pub- lic health, said physician shall immediately report the name and address of said person to the local health officer who shall at once forward a copy of the report to the bureau of venereal diseases of the state depart- ment of health. Whereupon the local board of health or health officer in accordance with the provisions of the public health law shall take such procedure as will prevent said person continuing a menace to the public health and assist in his cure. (Added June 25, 1918, in effect August 1, 1918. ) t Regulation 29-e. Duties of physicians and others and others under the public health law concerning syphilis, gonor- iaw rhoea and chancroid. It shall be the duty of every physician or other person required to perform any duty or refrain from any act under article 17-b of the public health law as added by chapter 264 of the laws of 1918, providing for the regulation of syphilis, gonor- rhoea and chancroid ("venereal diseases"), to take all steps incumbent on him and necessary to carry into effect the provisions of the said law. (Added June 25, 1918, in effect August 1, 1918.) Regulation 30. Isolation or removal in smallpox. It shall be the duty of every health officer, whenever a case of smallpox occurs in his jurisdiction, if a suitable hospital is available, to remove or cause to be removed such case promptly thereto. Every inmate of the house- hold where 'such case occurs, and every person who has Duties of physicians Smallpox, or isolation removal t See § 343-o, p. 239 The Sanitary Code 319 had contact with such case, or with his secretions or excretions, shall be either vaccinated within three days vaccina- of his first exposure to the disease or placed under quar- qyaran- antine, and, when vaccinated, the name and address of tin e of inmates of such inmate or other person shall be taken and such household inmate or other person shall be kept under daily obser- vation. Such observation shall continue until successful vaccination results, or for at least twenty days. If such inmate or other person refuses to be vaccinated, he shall be quarantined until discharged by the local health officer. If there is no hospital available, the patient shall be isolated and every inmate of the household shall be vaccinated or strictly quarantined until discharged by - the local health officer. Whenever a case of smallpox occurs in his jurisdic- ^ C ^ 1T ^' tion, it shall be the duty of the local health officer to quaran- use all diligence in securing the names and addresses of contacts all persons who have had contact with such case, and in causing such persons to be either vaccinated or placed under quarantine. Regulation 31. Provision for free vaccination, f It ? oa , rd l . of ** health to shall be the duty of the board of health of every munici- provide pality to provide, at public expense, free vaccination for cin au on C ~ all persons in need of the same. Regulation 32. Removal to hospital or isolation and Removal restriction of visiting in certain cases. It shall be the *° ^j^* 8,1 duty of the health officer to remove, or cause to be tion removed, every case of diphtheria, measles, scarlet fever or poliomyelitis, acute anterior (infantile paralysis) promptly to a suitable hospital, or to see that such case is properly isolated. Such isolation shall be maintained until its discontinuance is permitted by the health officer. Xo person, except the physician and the nurse or Restric- other person in attendance, shall be permitted to come visiting in contact with or to visit a case of diphtheria, measles, t Public Health Law, § 25, p. 39, and § 310, p. 199 320 The Public Health Manual Removal to hospital from hotels, lodging houses, etc. Isolation and provi- sion for person who cannot be removed Quaran- tine of entire house- hold, in emer- gencies Maximum period of incuba- tion scarlet fever or poliomyelitis, acute anterior (infantile paralysis), except oy permission of the health officer. This regulation as amended shall take effect June 1, 1917. (Amended May 17, 1917.) Regulation 33. Removal to hospital from lodging houses, hotels, or boarding houses, or isolation, and pro- vision for persons who cannot be removed. It shall be the duty of the health officer, whenever a case of diph- theria, scarlet fever, or typhus fever occurs in a lodging house, hotel, or boarding house within his jurisdiction, if a suitable hospital is available, to remove or cause to be removed such case promptly thereto, unless in the judgment of such officer, the case can be safely isolated on the premises. If there be no proper hospital available, or if, for any sufficient reason, such case cannot be removed, it shall be the duty of the municipal authorities to make pro- vision, when necessary, for the medical and nursing care of such case in such lodging house, hotel, or boarding house, and the local health officer may, if in his judg- ment such action seems necessary, remove or cause to be removed the other inmates therefrom. Regulation 34. Quarantine in certain emergencies. When any case of diphtheria, epidemic cerebrospinal meningitis, measles, scarlet fever, smallpox, poliomye- litis, acute anterior (infantile paralysis), or typhus fever is not or cannot be properly isolated on the premises and cannot be removed to a suitable hospital, it shall be the duty of the local health officer to forbid any member of the household from leaving the prem- ises, except under such conditions as he may specify and except as provided by regulation twelve of this chapter. This regulation as amended shall take effect June 1. 1917. (Amended May 17, 1917.) Regulation 35. Maximum period of incubation. For the purpose of this code, the maximum period of incu- bation (that is, between the date of the exposure to The Sanitary Code 321 disease and the date of its development), of the follow- ing communicable diseases is hereby declared to be as follows : Chickenpox 21 days Measles 14 days Mumps 21 days Poliomyelitis, acute anterior (infantile paralysis) 14 days Scarlet fever 7 days Smallpox 20 days Whooping cough 14 days This regulation as amended shall take effect June 1, 1917. (Amended May 17, 1917.) Regulation 36. Minimum period of isolation. The Minimum minimum period of isolation, within the meaning of this P er " iod of * ° isolation code, shall be as follows: Chickenpox, until twelve days after the appearance of the eruption and until the crusts have fallen and the scars are completely healed. Diphtheria (membranous croup), until two successive negative cultures have been obtained from the nose and throat at intervals of not less than twenty-four hours, the first of such cultures being taken not less than nine days from the day of the onset of the disease. Epidemic cerebrospinal meningitis, until two weeks after the temperature has become normal or until three successive cultures, obtained from the naso- pharynx at intervals of not less than five days, shall be found free of meningococci. (Added June 25, 1918 y in effect August 1, 1918.) Measles, until at least five days after the appearance of the rash. Mumps, until two weeks after the appearance of the disease and one week after the disappearance of the swelling. Poliomyelitis, acute anterior (infantile paralysis), until three weeks from the day of the onset of the disease. 11 322 The Public Health Manual Scarlet fever, until thirty days after the development of the disease and until all discharges from the nose, ears and throat, or suppurating glands have ceased. Smallpox, until fourteen days after the development of the disease and until scabs have ail separated and the scars completely healed. Typhoid or para-typhoid fever, if the patient's occupa- tion involves the handling of milk, dairy products, or other food, until all signs of the disease, or all secondary or complicating infections incited by the agents of these diseases, have disappeared, and until two successive specimens of the intestinal discharges of the patient have been taken at an interval of not less than seven. days and have been examined in a laboratory approved by the state commissioner of health and found to be free from typhoid or para-typhoid bacilli. Whooping cough, until eight weeks after the develop- ment of the disease or until one week after the last characteristic cough. This regulation as amended shall take effect January 15, 1919. (Amended October 5, 1915, May 17, 1917, June 25, 1918, August 1, 1918, December 4, 1918, and January 10, 1919.) sale of Regulation 37. Sale of foods forbidden in certain cases. When a case of diphtheria, epidemic or septic sore throat, amoebic or bacillary dysentery, epidemic cerebrospinal meningitis, scarlet fever, smallpox, poliomyelitis, acute anterior ( infantile paralysis ) , or typhoid fever exists on any farm or dairy producing milk, cream, butter, cheese, or other foods likely to be consumed raw, no such foods shall be sold or delivered from such farm or dairy, except under the following conditions : (a) That such foods are not brought into the house where such case exists; (b) That all persons coming in contact with such foods eat, sleep and work wholly outside such house; food for "bidden The Sanitary Code 323 (c) That such persons do not come in contact in any way with such house or its inmates or contents ; (d) That said inmates are properly isolated and sepa- rated from all other parts of said farm or dairy, and efficiently cared for; and (e) That a permit be issued by the health officer. This regulation as amended shall take effect June 1, 1917. (Am'd Sept. 16, 1914 and May 17, 1917.) Regulation 38. Destruction of foods m certain cases.f Destruc- When a case of diphtheria, epidemic or septic sore f 00 d throat, amoebic or bacillary dysentery, epidemic cerebro- spinal meningitis, scarlet fever, smallpox, poliomye- litis, acute anterior (infantile paralysis), or typhoid fever exists on any farm or dairy producing milk, cream, butter, cheese, or other foods likely to be con- sumed raw, the state commissioner of health or the local health officer may destroy or order the destruction of any such foods which in his opinion may have been so contaminated as to be a source of danger. This regulation as amended shall take effect June 1, 1917. (Am'd Sept. 16, 1914 and May 17, 1917.) Regulation 39. Handling of food forbidden in certain Handling cases. No person affected with any communicable dis- forbidden ease shall handle food or food products intended for sale, which are likely to be consumed raw or liable to convey infective material. Xo person who resides, boards, or lodges in a house- hold where he comes in contact with any person affected with bacillary dysentery, diphtheria, epidemic or septic sore throat, measles, scarlet fever, poliomyelitis, acute anterior (infantile paralysis), or typhoid fever, shall handle food or food products intended for sale. No waiter, waitress, cook, or other employee of a boarding house, hotel, restaurant, or other place where food is served, who is affected with any communicable disease, shall prepare, serve, or handle food for others in any manner whatsoever. t See Food Commission Law, § 15, subd. c, p. 451 324 The Public Health Manual Carriers of dis- ease sub- ject to rules and regula- tions of state de- partment Reports of food poisoning No waiter, waitress, cook, or other employee of a boarding house, hotel, restaurant, or other place where food is served, who lodges or visits in a household where he comes in contact with any person affected with bacil- lary dysentery, diphtheria, epidemic or septic sore throat, measles, scarlet fever, poliomyelitis, acute an- terior (infantile paralysis),* or typhoid fever shall prepare, serve or handle food for others in any manner whatsoever. This regulation as amended shall take effect June 1, 1917. (Amended May 17, 1917.) Regulation 40. Carriers of disease germs. Any per- son who is a carrier of the disease germs of Asiatic cholera, bacillary dysentery, diphtheria, epidemic cere- brospinal meningitis, poliomyelitis (infantile paralysis), or typhoid fever, shall be subject to the special rules and regulations of the state department of health. Regulation 41. Reports of food poisoning. When any physician or the superintendent or person in charge of any hospital, other institution, or dispensary, or any visiting nurse or public health nurse, or the person in charge of any labor or other camp shall have knowledge of the occurrence of a number or group of cases of severe or fatal illness believed to have been due to the consumption of articles of food suspected to have been spoiled or poisonous, it shall be the duty of such physi- cian, superintendent, nurse, or other person to report the same immediately, by telephone or telegram, when practicable, to the state commissioner of health and to the local health officer in whose jurisdiction such cases occur. It shall be the duty of the local health officer to report immediately to the state commissioner of health, by telephone or telegram, when practicable, the occur- rence of a number or group of such cases.* * This regulation is included here for convenience in notification and regulation The Sanitary Code 325 Regulation 42. Duties of physicians and other persons Duties of concerning tuberculosis. It shall be the duty of every ph J sici ?J s physician or other person required to perforin any duty concern- under sections three hundred and twenty to three hun- cufosis eF " dred and thirty, both inclusive, of article sixteen of the public health law, providing for the reporting and con- trol of cases of tuberculosis, to take all steps incumbent on him and necessary to carry into effect the provisions of the said law. Regulation 42-a. Duties of health officer on receiving Duties of report of apparent case of tuberculosis. Upon receiv- office? ing a report in writing of an apparent case of tuber- concern- culosis, as authorized by section 320 of the public health parent law, the health officer shall thereupon take the follow- t^g r . of ing steps: cuiosis 1. If the alleged case has been previously reported to Previ- him by a physician as having tuberculosis and the latter Sported has elected to assume the sanitary supervision thereof b y pay- sici3,n a3 permitted in section 328 of the public health law, the health officer shall ascertain promptly whether such physician is maintaining proper sanitary supervision. 2. If the alleged case has not been previously reported Not pre- to him as having tuberculosis, the health officer shall reported take proper measures to determine whether there is b y P°y- sician reason to believe such person is affected with pulmon- ary tuberculosis and if by suitable physical or sputum examination, or both, he ascertains that the person is affected with pulmonary tuberculosis he shall then pro- ceed in accordance with the provisions of the public health law and the rules of the state department of health. This regulation shall take effect throughout the state of New York, except in the city of New York, on the Duties of first day of March, 1916. (Added December 7, 1915.) when officers when deaths from communicable diseases are f r e a * s Regulation 42-b. Duties of registrars and health communi- reported. 1. It shall be the duty of the local registrar diseases of vital statistics whenever a certificate of death from Sported 326 The Public Health Manual Duties of health officer Delin- quent physicians to be re- ported to state depart- ment Inocula- tions with liv- ing bac- teria for- bidden without written permit from state commis- sioner of health Distribu- tion of living cultures to be approved a communicable disease has been filed with him to immediately report to the health officer the name, age and address of the deceased, together with the disease, and the name of the physician who has filed such certificate. 2. It shall be the duty of every health officer upon receiving such notice to ascertain immediately whether such person has been reported during life with such communicable disease. 3. It shall be the duty of every health officer, if he ascertains that a physician has failed to report a case of communicable disease, to inform the physician of his failure to conform with the sanitary code, and to report to the state department of health the name of every physician failing to report cases of communicable diseases. This regulation shall take effect June 1, 1917. (Added Mar. 20, 1917.) Regulation 43. Inoculation with living bacteria. The use of living bacterial organisms in the inoculation of human beings for the prevention or treatment of disease is hereby prohibited until full and complete data regard- ing the method of use, including a specimen of the cul- ture and other agents employed therewith, and a full account of the details of preparation, dosage, and ad- ministration, shall have been submitted to the state commissioner of health and until permission shall have been granted in writing by the state commissioner of health for the use of the same. Regulation 43-a. Distribution of living cultures of disease inducing bacteria.* No person having in his pos- session the cultures of pathogenic bacteria shall sell or convey such cultures to any person or laboratory unless first approved by the State Commissioner of Health. This amendment shall take effect May 1, 1916. (Added Feb. 4, 1916.) * See L. 1917, Chap. 411, p. 504 The Sanitary Code 327 Regulation 44. Inspection of laboratories.* The state i nS pec- commissioner of health, or his authorized representative, ^ora- f shall have authority to inspect every bacteriological or tories chemical laboratory doing work for the health authori- ties of the state or of any county or municipality therein. He may advise the person in charge of such laboratory as to the methods employed in the examina- tions which in any way affect the public health, and he may report the result of the inspection to the authorities of the county or municipality employing such laboratory. Regulation 45. Cleansing, renovation, and disinfec- tion required. Adequate cleansing of rooms, furniture and belongings, when deemed necessary by the local health officer, or required by this code or otherwise by laAv, shall immediately follow the recovery, death, or removal of a person affected with a communicable disease. Such cleansing shall be performed by and at Cleansing, the expense of the occupant of said premises, upon the pen se~of order and under the direction of the local health officer, occupant of prem- in accordance with the regulations of the sanitary code, ises Adequate renovation of premises, when deemed neces- R en ova- sary by the local health officer, or required by this code tlon at *' J i 1 ( ■ expense or otherwise by law, shall immediately follow the of owner recovery, death, or removal of a person affected with a ° ses pre communicable disease. 'Such renovation shall be per- formed by and at the expense of the oioner of said premises or his agents, upon the order and under the direction of the local health officer, in accordance with the regulations of the sanitary code. Adequate disinfection of premises, furniture and be Disinfec- longings, when deemed necessary by the local health public officer or required by this code or otherwise by law, shall ex P ense immediately follow the recovery, death, or removal of a person affected with a communicable disease. Such dis- infection shall be performed by or under the direction of the local health officer in accordance with the regula- * Public Health Law, § 4-b, p. 15, and Sanitary Code, Chap. IX, Reg. 1, p. 362 328 The Public Health Manual Cleans- ing, methods and pre- cautions Renova- tion, methods and pre- cautions Disinfec- tion, methods and pre- cautions tions of the sanitary code and at the public expense unless otherwise provided pursuant to law. Regulation 46. Methods and precautions in cleansing, renovation and disinfection. The following methods and precautions shall be observed in cleansing, renovation and disinfection: (a) Cleansing shall be secured by the thorough re- moval of dust and other contaminating material in such a way as to prevent the entry thereof, as far as may be possible, into other rooms or dwellings; washing with soap and water; scouring; airing; and exposure to sunlight; in accordance with the special rules and regulations of the state department of health. (b) Renovation shall be secured by removing old paper from walls and ceilings, and repainting, reealci- mining, or repapering of walls, ceilings, and woodwork as may be ordered by the local health officer in accord- ance with the special rules and regulations of the state department of health. (c) Disinfection of rooms shall be secured by the use of such disinfecting agents in such quantities and in such manner and of such sterilizing procedures as may be ordered by the local health officer, in accordance with the special rules and regulations of the state department of health. When gaseous disinfectants are to be used, all cracks, crevices, and openings into the room shall first be pasted over with paper. Thereafter. all rugs, carpets, upholstered furniture, and such tex- tile fabrics in the said room as cannot, in the opinion of the local health officer, be washed or soaked in a disinfecting solution, may be removed for disinfection by steam when ordered by the local health officer, in accordance with the special rules and regulations of the state department of health.* * Thorough cleansing, the use of soap and water, and full exposure to fresh air and sunlight are most efficient means of removing infective material, not only from the walls and floors of rooms, but also from furniture and other articles The Sanitary Code 320 Regulation 47. Destruction of furniture, clothing and De.= true- other articles. Furniture, bedding, clothing, carpets, f u °n it ° f re! rugs, and other articles, which may have been contami- clothing, . , . etc., upon nated with infective material from any case of diph- order of theria, scarlet fever, or smallpox, and which are of J^J such a nature or in such condition that they cannot, in the opinion of the local health officer, be properly cleansed, disinfected, or sterilized, shall upon his order be destroyed in the manner designated by him. Regulation 48. Cleansing and disinfection of the per- cieans- son. It shall be the duty of the patient, upon con- disinfec- valescence or recovery from any communicable disease, person and of the nurse or persons in attendance on such case, n u rs e at:ent ' throughout the course of the disease as well as at its etc - close, suitably to cleanse and, when necessary, to disin- fect their persons in accordance with the manner pre: scribed by the special rules and regulations of the state department of health. Regulation 49. Letting of rooms forbidden while con- occupa- taminated with infective material. No proprietor of a rooms hotel, boarding house, or lodging house shall let for J^j dden hire or cause or permit anvone to occupy a room or cleansed, x " *•'■' renovated apartment previously occupied by a person affected with or disin- diphtheria, epidemic cerebrospinal meningitis, measles, poliomyelitis ( infantile paralysis ) , scarlet fever, small- pox, tuberculosis, or typhus fever, until such room or apartment has been cleansed, renovated, or disinfected, under the direction of the local health officer. When an order requiring the cleansing, renovation, or Health disinfection of articles or premises is not complied may with, the local health officer shall post a placard on premises the premises, reading as follows: "Notice: These apartments have (or this room has) been occupied by a person affected with They (or it) must not again be occupied until orders for cleansing, renovation, or disinfection have been 330 The Public Health Manual Duties of common carriers during epidemics Placard- ing by common carriers complied with. This notice must not be removed under penalty of the law. Date Health Officer." Regulation 50. Duties of common carriers during epi- demics. Whenever the state commissioner of health shall make public declaration of the existence of an epidemic of a communicable disease in any municipality, and shall notify the local health board or officer of such declaration, the state commissioner of health may de- clare, and his declaration shall have the force and effect of law, that no common carrier shall receive or admit any person for carriage or transportation in such mu- nicipality except upon the presentation and surrender to the agent, conductor, or other person in charge of the conveyance, in which such person desires to travel, of a certificate by the local health officer to the effect that such person is, in the opinion of the officer issuing the same, free from the disease then epidemic, and that such person may be received and carried without dan- ger to the general public health, and giving in plain, legible writing the name, residence, and place of desti- nation of such person; and said declaration may fur- ther provide that no person shall board or enter any such conveyance without such certificate. Such certificate shall be filed in the office of the state department of health by the common carrier receiving the same within thirty-six hours after the receipt thereof. The provisions of this regulation shall not apply to common carriers carrying passengers wholly within the limits of the municipality affected. Regulation 51. Placarding by common carriers. When the declarations are made as provided in the preceding regulation, and a common carrier of passengers or an officer or agent thereof is notified by the state commis- sioner of health or by the local health officer of such The Sanitary Code 331 declaration, it shall be the duty of such common carrier of passengers operating public conveyances in any such municipality to forthwith conspicuously place or post in every station, within such area as the state commis- sioner may designate, and in every conveyance the placard hereinafter described, and to keep the same posted until the epidemic is declared ended by the state commissioner of health: " WARNING THERE IS AN OUTBREAK OF IN (give name of the disease and of city, town, or village) PASSENGERS ARE CAUTIONED. STATE COMMISSIONER OF HEALTH." Said placard shall be in heavy block letters in red ink on a white background, with each letter not less than two inches in height and one and a half inches in width, and shall be posted so that the same shall be in plain view of passengers when they are seated. Any common carrier aforesaid entering any such mu- nicipality shall post such placard in such conveyance in the manner aforesaid at least one hour before arriv- ing in any municipality in which an epidemic is de- clared to exist, and shall keep the same posted not less than half an hour after departing therefrom. Regulation 52. Duties of undertakers. It shall be Dutie s of under- the duty of every undertaker taking charge of the takers preparation for burial of the body of any person to ascertain whether such person died of a communicable disease and if such person died of Asiatic cholera, diphtheria, epidemic cerebrospinal meningitis, glanders, plague, scarlet fever, smallpox, or typhus fever it shall be his duty to cause it immediately to be wrapped in a sheet saturated with disinfecting solution and promptly thereafter placed in a coffin or casket, which shall then be immediately and permanently closed. V32 The Public Health Manual Embalm- ing Public funerals forbidden in certain cases Tliis regulation shall not be construed to prohibit the embalming of any such body, but the undertaker shall cause such embalming to be done immediately upon taking charge of the body, except that, when a permit for embalming is required, this shall not proceed until the receipt of such permit. But immediately after the embalming he shall cause such body to be wrapped in a sheet and placed in a coffin or casket as hereinabove directed. After handling, embalming, or preparing for burial the body of a person dead of any of the communicable diseases enumerated in this regulation, such parts of the persons, garments, and utensils or other articles of the undertaker or his assistants, as may have been liable to contamination with infective material, shall be imme- diately cleansed or disinfected or sterilized in the man- ner prescribed by the rules and regulations of the state department of health. This regulation shall take effect throughout the state of New York, except the city of New York, on the first day of March, 1915. (Amended February 2, 1915.) Regulation 53. Public funerals forbidden in certain cases. A public or a church funeral shall not be held of any person who has died of diphtheria, measles, scar- let fever, smallpox, or typhus fever, unless the body is enclosed in a properly sealed casket and the consent of the local health officer has first been obtained.* (Amended May 14, 1918, in effect May 16, 1918.) * The purpose of this regulation is to prevent the spread of disease by any members- of the deceased's family or household who may be convalescent from the disease, or who may have the disease in a mild or Unrecognized form, or who may be a carrier thereof In view of the probability of the return from time to time of bodies of soldiers who have died of communicable diseases, the Public Health Council amended Regulation 53 by striking out the words "but any funeral of such person shall be private ' ' and substituting the following : " unless the body is enclosed in a properly sealed casket and the consent of the local health officer has first been obtained " The intent of the amendment is to make it possible for a health officer, at his discretion, to issue permission for public funerals in instances in which there has been no contact between the deceased and his friends or relatives during his illness The Sanitary Code 333 Regulation 54. When to take effect. Every regula- tion in this chapter, unless otherwise specifically stated, shall take effect on the first day of May, 1914. CHAPTER III Milk and Cream (Adopted June 16, 1914) Regulation 1. Permit required for sale of milk in Permit municipalities. No corporation, association, firm or for sa i e individual shall sell or offer for sale at retail milk of ™ U J_ or cream or cream in any municipality without a permit from the health officer thereof, which shall be issued subject to such conditions as may be imposed by this code or by the local health officer. Such permit shall expire Renew- on the thirty-first day of March, unless another date is designated by the local authorities, and shall be renewable on or before such date in each year, and may be revoked at any time for cause by the state May , b ® J J J revoked commissioner of health or the local health officer after after a hearing on due notice. (Amended Oct. 1, 1914, in effect Nov. 16, 1914.) Regulation 2. Application for permit required. No Appiica- permit for the sale at retail of milk or cream in any qu i re a municipality shall be issued unless written application, sworn to by the applicant, has been made therefor in the form prescribed by the state commissioner of health. (Amended Oct. 1, 1914, in effect Nov. 16, 1914.) Regulation 3. Information required in application for informa- permit. Every application for a permit to sell at retail quired milk or cream in any municipality shall contain the name of each producer from whom the applicant re- ceives or expects to receive milk or cream for sale, together with the approximate amount of milk or cream to be furnished by each such producer, and upon change in the source or amount of supply notice thereof for per- mit 334 The Public Health Manual Inspection and scor- ing of dairy farms shall be given promptly to the local health officer. (Amended Oct. 1, 1914, in effect Nov. 16, 1914.) Regulation 4. Dairy farms to be inspected and scored. Previous to the first day of January, 1915, the health officer or his representative in every mu- nicipality shall make a sanitary inspection of every dairy farm where milk or cream is produced for sale at retail in such municipality and shall score each such dairy farm on the score card prescribed by the state commissioner of health. On or after the first day of January, 1915, each such health officer or his representative shall make such inspection and scoring at least once in each year and before the thirty-first day of (March in each yeai unless another date is designated by the local authori- ties pursuant to regulation 1 of this chapter. The local health officer of such municipality may, however, in his discretion, accept the inspection and scoring by the health officer or his representative of another municipality. (Amended Oct. 1, 1914, in effect Nov. 16, 1914.) Regulation 5. Conditions of issuance of permit. On and after the first day of January, 1915, no permit to sell at retail milk or cream in any municipality shall be issued unless the premises, where it is pro- posed to handle such milk or cream, shall, in the opinion of the local health officer or his representative after inspection, have been rendered clean and sanitary; and unless each farm or dairy, where such milk or cream is produced, shall have been rated after inspec- tion by a health officer or his representative, or, in case of protest, by a sanitary supervisor of the state department of health, at least forty per cent, on the score card prescribed by the state commissioner of health. (Amended Oct. 1, 1914, in effect Nov. 16, 1914.) conditions Regulation 6. Conditions of renewal of permit. No of permit permit to sell at retail milk or cream in any munici- Conditions of issu- ance of permit The Sanitary Code 335 pality shall be renewed unless inspection has been made within the preceding six months by the local health officer or his representative of the premises where such milk or cream is handled and unless each farm or dairy where such milk or cream is produced has been rated by a health officer or his representative, or, in case of protest, by a sanitary supervisor of the state department of health, within the preceding sis months after inspection at least forty per cent, on the score card prescribed by the state commissioner of health. (Amended Oct. 1, 1914' in effect Nov. 16, 1914.) Regulation 7. Public display of permit. Permits to Display of 3ell milk or cream shall be publicly displayed in such perm manner as may be prescribed by the local health authorities. (Amended Oct. 1, 1914, in effect Nov. 16, 1914.) Regulation 8. Milk and cream to be kept only under Milk and sanitary conditions. No milk or cream shall be sold l v e ea ™ ep t° or kept for sale under any conditions which in the onl >' r J under opinion of the local health officer are not clean and sanitary sanitary. conditions All vessels containing such milk or cream for sale shall at all times be covered, kept cool, and so placed that the contents will not be exposed to sun, dust, dirt, flies or other insects. Regulation 9. Conditions of bottling of milk and C ondi- cream. No milk or cream shall be served or sold in *}°?*. of bottling bottles or offered for sale in bottles, unless the bottling is done under clean and sanitary conditions at the place of production or collecting or distributing sta- tion. Each bottle shall be capped and each cap shall show the name of the producer or dealer and the place of bottling. Regulation 10. Receptacles to be kept in sanitary Re ? ep " condition; when to be condemned and seized. Every can be kept or other vessel, which is used to contain milk or cream e ean 336 The Public Health Manual or ice cream intended for sale, shall be constantly kept in a clean and sanitary condition. When emptied and before being returned by the person to whom it was last delivered full or partly full every such can or other vessel shall be effectively cleansed. The local health officer or his representative shall condemn any such can or other vessel found by him to be in such con- dition that it cannot be rendered* by washing clean and sanitary as a receptacle for milk or cream, or ice cream, and shall destroy or so mark the condemned vessel as When to to show that it has been condemned. When so con- demned demned and marked, such can or other vessel shall not and seized De use d again to contain milk or cream, or ice cream for sale. The local health officer or his representative may seize and hold as evidence any can or other vessel returned or otherwise used in violation of this regu- lation. (Amended May 14, 1918.) Regulation n. Utensils to be cleansed. All dippers, measures or other utensils used in the handling of milk or cream, or ice cream intended for sale shall be main- tained in a cleanly conditon. (Amended May 14, 1918.) Regulation 12. Pasteurization. Except where a dif- ferent standard of pasteurization has been adopted pre- vious to the first day of September, 1914, by the local health authorities, no milk or cream shall be sold or offered for sale as pasteurized unless it has been sub- jected to a temperature of 142 to 145 degrees fahren- heit for not less than thirty minutes; and no milk or cream which has been heated by any method shall be sold or offered for sale unless the heating conforms to the provisions of this regulation. After pasteurization the milk or cream shall be imme- diately cooled and placed in clean containers and the containers shall be immediately sealed. No milk or cream shall be pasteurized more than once. This regulation shall take effect throughout the state Utensils to be cleansed Pasteuri sation The Sanitary Code 337 of Xew York, except in the city of New York, on the first day of January, 1916. (Amended Oct, 5, 1915.) Regulation 13. Designations of milk and cream re- Designa- stricted, All milk sold and offered for sale at retail, restricted except milk sold or offered for sale as sour milk under its various designations, shall bear one of the designa- tions provided in this regulation, which constitute the minimum requirements permitted in this State. Xo term shall be used to designate the grade or quality of milk or cream which is sold or offered for sale, except: " Certified " " Grade A raw " " Grade A pasteurized " " Grade B raw " " Grade B pasteurized " "Grade C raw" " Grade C pasteurized " Certified, f No milk or cream shall be sold or offered " Certi- for sale as " Certified " unless it conforms to the fol- milk lowing requirements: defined The dealer selling or delivering such milk or cream must hold a permit from the local health officer. All cows producing such milk or cream must have been tested at least once during the previous year with tuberculin, and any cow reacting thereto must have been promptly excluded from the herd. . The reports of such tuberculin tests must be filed with the local health officer and the milk commission of the County Medical Society in the municipality and county respectively in which such milk is delivered to the consumer. Such milk must not at any time previous to delivery to the consumer contain more than 10,000- t See Agricultural Law, § 32, p. 366 338 The Public Health Manual bacteria per cubic centimeter and such cream not more than 50,000 bacteria per cubic centimeter. Such milk and cream must be produced on farms which are duly scored on the scoreeard* prescribed by the state commissioner of health, not less than thirty-five per cent for equipment and not less less than fifty-five per cent for methods. Such milk and cream must be delivered within thirty-six hours of the time of milking. Such milk and cream must be delivered to con- sumers only in containers filled at tthe dairy or central bottling plant. The caps must contain the word " Certified " and bear the certification of a milk commission ap- pointed by the County Medical Society organized under and chartered by the Medical Society of the State of New York, and must also contain the name and address of the dairy as well as the date of milking. Every employee before entering upon the per- formance of his duties shall be examined by a duly licensed physician and the reports of such exami- nation shall be sent to the milk commision cer- tifying the milk from such dairy. The milkers and all persons handling the milk must be provided with suits and caps of washable material which shall be worn while milking or handling the milk and shall not be worn at other times. When not in use these garments must be kept in a clean place free from dust. Not less than two clean suits and caps must be furnished weekly. The hands of the milkers must be washed with soap and hot water, and well dried with a clean towel, before milking. Grade a Grade A raw. No milk or cream shall be sold or raw milk offered for sale as " Grade A raw " unless it conforms to the following requirements: The Sanitary Code 339 The dealer selling or delivering such milk or cream must hold a permit from the local health officer. All cows producing such milk or cream must have been tested at least once during the previous year with tuberculin, and any cow reacting thereto must have been promptly excluded from the herd. Such milk must not at any time previous to delivery to the consumer contain more than 60,000 bacteria per cubic centimeter, and such cream not more than 300,000 bacteria per cubic centimeter. Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the state commissioner of health not less than twenty-five per cent for equipment, and not less than fifty per cent for methods. Such milk and cream must be delivered within thirty-six hours from the time of milking, unless a shorter time shall be prescribed by the local health authorities. Such milk and cream must be delivered to con- sumers only in containers sealed at the dairy or a bottling plant. The caps or tags must be white and contain the term " Grade A raw " in large black type, and the name and address of the dealer. Grade A pasteurized. No milk or cream shall be sold pjjjjj,,^ or offered for sale as " Grade A pasteurized " unless it ized milk conforms to the following requirements: The dealer selling or delivering such milk oi cream must hold a permit from the local health officer. All cows producing such milk or cream must be healthy as disclosed by an annual physical exami- nation. Such milk or cream before pasteurization must not contain more than 200,000 bacteria per cubic centimeter. 340 The Public Health Manual Such milk must not at any time after pasteuriza- tion and previous to delivery to the consumer con- tain more than 30,000 bacteria per cubic centi- meter, and such cream not more than 150,000 bac- teria per cubic centimeter. Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the state commissioner of health not less than twenty-five per cent, for equipment and not less than forty-three per cent, for methods. Such milk and cream must be delivered within thirty-six hours after pasteurization, unless a shorter time shall be prescribed by the local health authorities. Such milk and cream must be delivered to con- sumers only in containers sealed at the dairy or at a bottling plant. The caps or tags must be white and contain the term '■ Grade A pasteurized " in large black type. Grade b Grade B raw. No milk or cream shall be sold or raw milk offered for sale as " Grade B raw " unless it conforms to defined the following requirements: The dealer selling or delivering such milk or cream must hold a permit from the local health officer. All cows producing such milk or cream must be healthy as disclosed by an annual physical exami- nation. Such milk must not at any time previous to delivery to the consumer contain more than 200,000 bacteria per cubic centimeter, and such cream not more than 750,000 bacteria per cubic centimeter. Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the state commissioner of health not less than twenty-three per cent, for equipment and not less than thirty- seven per cent, for methods. The Sanitary Code 341 Such milk and cream must be delivered within thirty-six hours from the time of milking, unless a shorter time shall be prescribed by the local health authorities. The caps or tags on the containers must be whita and contain the term " Grade B raw " in large, bright green type, and the name of the dealer. Grade B pasteurized. No milk or cream shall be sold Grade s or offered for sale as " Grade B pasteurized " unless it ^^^lk conforms to the following requirements: defined The dealer selling or delivering such milk or cream must hold a permit from the local health officer. All cows producing such milk or cream must be healthy as disclosed by an annual physical exam- ination. Such milk or cream before pasteurization must not contain more than 1,500,000 bacteria per cubic centimeter. Such milk must not at any time after pasteuriza- tion and previous to delivery to the consumer con- tain more than 100,000 bacteria per cubic centi- meter, and such cream not more than 500,000 bacteria per cubic centimeter. Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the state commissioner of health not less than twenty per cent, for equipment and not less than thirty-five per cent, for methods. Such milk must be delivered within thirty-six hours after pasteurization between April first and November first and within forty-eight hours after pasteurization between November first and April first, and such cream within forty-eight hours after pasteurization, unless a shorter time is pre- scribed by the local health authorities. The caps or tags on the containers must be white 342 The Public Health Manual Grade C raw milk defined Grade C pasteur- ized milk defined. and contain the term " Grade B pasteurized " in large, bright green type, and the name of the dealer. The provisions of this subdivision shall take effect throughout the state of New York, except in the city of New York, on January 15, 1919. (Amended Mar. 4, 1915, Oct. 5, 1915, and January 10, 1919.) Grade C raw. No milk or cream shall be sold or offered for sale as " Grade C raw " unless it conforms to the following requirements: The dealer selling or delivering such milk or cream must hold a permit from the local health officer. Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the state commissioner of health not less than forty per cent. Such milk and cream must be delivered within forty-eight hours from the time of milking, unless a shorter time shall be prescribed by the local health authorities. The caps or tags affixed to the containers must be white and contain the term " Grade C raw " in large red type. Grade C pasteurized. No milk or cream shall be sold or offered for sale as " Grade C pasteurized " unless it conforms to the following requirements: The dealer selling or delivering such milk or cream must hold a permit from the local health officer. Such milk and cream must be produced on farms which are duly Scored on the score card prescribed by the state commissioner of health not less than forty per cent. Such milk and cream must be delivered within forty-eight hours after pasteurization, unless a shorter time shall be prescribed by the local health authorities. The Sanitary Code 343 The caps or tags affixed to the containers must be white and contain the term " Grade C pasteur- ized " in large red type. The bacterial count herein required shall be made only at county or municipal laboratories or such other laboratories as may be approved by the state commis- sioner of health. In those municipalities where a bacterial count of the milk is, in the opinion of the local health author- ities, impracticable, they may in their discretion grade milk and cream according to the score of the dairies producing it, as prescribed in this regulation, but no such milk shall be designated " certified," " Grade A raw," or " Grade A pasteurized." This regulation shall not be construed to rescind or modify any existing local regulation or ordinance con- trolling the grading of milk or cream established prior to the first day of September, 1914. This regulation as amended shall take effect January 15, 1919. (Amended Mar. 4, 1915, Oct. 5, 1915, Jan. 9, 1917, Mar. 1, 1918, and Jan. 10, 1919.) Regulation 14. Supplementary regulations by local Local authorities. The health authorities of any municipality ties may may in their discretion increase the stringency of these increase J ° ** stringency regulations or add to them in any way not inconsistent of regu- with the provisions thereof, and may prohibit the sale, a 10ns or the keeping for sale, within the municipality of any of the grades of milk herein defined. This regulation as amended shall take effect July 14, 1917. (Amended July 10, 1917.) Regulation 14-a. Milk or cream in cold storage ware- Milk or houses. Nothing contained in this chapter in reference co i d st0 i- to the time of delivery of milk and cream shall be age ware * houses deemed to prohibit the keeping of such milk and cream in cold storage in a duly licensed cold storage ware- house for a period of not more than ten calendar months; provided, such milk and cream is placed in !44 The Public Health Manual License and regis- tration re- quired Only licensed midwives to be registered Registra- tion re- quired after issuance of license and change of address Applica- tion re- quired such cold storage warehouse within forty-eight hours after milking or pasteurization, as the case may be. This regulation shall take effect March 15, 1918. (Added Mar. 1, 1918.) Regulation 15. When to take effect. Every regula- tion in this chapter unless otherwise specifically stated shall take effect throughout the state of New York except the city of New York on the sixteenth day of November, 1914. CHAPTER IV Midwives (Adopted June 16, 1914) Regulation 1. License and registration required for the practice of midwifery. On and after the first day of January, 1915, 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 385 of the public health law, as amended by chapter 619 of the laws of 1913, and unless such person shall have received a license to practice midwifery from the state commissioner of health. Regulation 2. Only licensed midwives to be registered. On and after the first day of January, 1915, no person not duly licensed as a midwife shall be registered as a midwife by the local registrar of vital statistics. Regulation 3. Registration required after issuance of license and change of address. On and after the first day of January, 1915, every licensed midwife shall register her name and address with the local registrar of vital statistics within ten days after the issuance of such license and after any change in her address. Regulation 4. Application for license required. On and after the first day of January, 1915, no license to practice midwifery shall be issued unless written appli- The Sanitary Code 345 cation, sworn to by the applicant, has been made there- for in the form prescribed by the state commissioner of health. Regulation 5. Qualifications required of applicant for Quaimca- license on and after the first day of January, 1915. Squired On and after the first day of January, 1915, every appli- cant for a license to practice midwifery 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 ex- tended experience or in other exceptional circum- stances this requirement may be waived by the public health council; (c) Be clean and constantly show evidence, in general appearance, of habits of cleanliness; (d) Either — ( 1 ) possess a diploma from a recognized school for midwives; or (2) have attended, under the instruction of a duly licensed and registered physician, not less than fifteen cases of labor and have had the care of at least fifteen mothers and newborn infants during lying-in periods of at least ten days each, and shall present a written statement from said physician or physicians that she has received such instruc- tion in said fifteen cases with the name, date and address of each case, and that she is reasonably skillful and competent; or (3) present other evidence satisfactory to the state commissioner of health of her qual- ifications, and (e) Present evidence satisfactory to the state commissioner of health of good moral character, vouched for by at least two reputable citizens. This regulation as amended shall take effect January 346 The Public Health Manual Qualifica- tion? re- quired for license before January 1, 1915 Register of licensed midwives Presump- tive evi- dence of right to practice License good only during current calendar year Revoca- tion of license Midwives forbidden to use instru- ments, administer 2, 1918, (Amended Dec. 18, 1914; Feb. 2, 1915; Oct. 5, 1915; Oct. SO, 1917, and Dec. 27, 1917.) Regulation 6. Qualifications required of applicant for license before the first day of January, 191 5. Until the first day of January, 1915, any woman not less than twenty-one years of age, who can read and write, who is registered as a midwife with the local registrar of vital statistics, and whose moral character is vouched for to the satisfaction of the state commissioner of health by two reputable citizens, one of whom is a minister of a recognized religion, may be licensed by said commissioner to practice midwifery. Regulation 7. Register of licensed midwives; same to be presumptive evidence of right to practice. The state commissioner of health shall cause to be entered immediately upon a register kept for that purpose, the name of every midwife licensed by him. The presence or absence of a woman's name upon said register shall be taken as presumptive evidence for or against her right to practice midwifery. Regulation 8. Length of term of license. Unless re- voked, every license to practice midwifery issued by the commissioner of health on or after the first day of January, 1918, shall permit the holder thereof to prac- tice midwifery only during the current calendar year in which such license is issued. This regulation as amended shall take effect Decem- ber 1, 1917. (Amended Nov. 20, 1917.) Regulation 9. Revocation of license. The state com- missioner of health may revoke a license to practice midwifery, for cause, after having given the midwife an opportunity to be heard. Regulation 10. Midwives forbidden to use instru- ments, administer or prescribe medicine, or to treat disease. A duly licensed and registered midwife may practice midwifery in cases of normal labor and in no The Sanitary Code 347 others. No midwife shall in any case of labor use or pre- instruments of any kind nor assist labor by any arti- scribe . J •;. medicine, ficial, forcible or mechanical means nor perform version or to nor attempt to remove adherent placentae nor adminis- e a Se ter, prescribe, advise or employ any poisonous or dan- gerous drug, herb or medicine nor attempt the treatment 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. Regulation n. Supplementary rules and regulations, suppie- The practice of midwifery shall be subject to such rules rules and and regulations, not inconsistent herewith, as may be [f ^. la ~ established by the state department of health. Regulation 12. Date of taking effect and territory New York , . . city and where effective designated. Every regulation in this Rochester chapter, unless otherwise specifically stated, shall take effect throughout the state of New York, except in the cities of New York and Rochester, on the sixteenth day of November, 1914. CHAPTER V Labor Camps (Adopted October 20, 1914) Regulation 1. Pollution of waters prohibited. All Pollution persons living in the open or in camps, tents, or other prohibited temporary shelters shall exercise every proper and reasonable precaution to dispose of their wastes so that springs, lakes, reservoirs, streams and other water- courses shall not be polluted. Regulation 2. Notice of labor or construction camp Notice to to be occupied by five or more persons to be given officer 1 , of health officer. Every railroad or other corporation, con- ^"occu*- tractor, lumberman or other person who shall establish, P ied b J' ' r five or construct or maintain any labor or construction camp more to be occupied by five or more persons, and the person per Inspec- tion by health 348 The Public Health Manual in charge of any temporary living quarters on wheels or otherwise that shall be provided for five or more workmen, shall at once notify the health officer of the town or village in which the camp or quarters are to be located, by telephone, telegraph or letter, of the pres- ence and location of such quarters or camp. Regulation 3. Health officer to inspect and pass on location and sanitary conditions of camps. It shall be officer the duty of each health officer when notified of the establishment of any camp with temporary buildings, on wheels or otherwise, in his jurisdiction promptly to inspect and determine the propriety of the location of the camp and of its sanitary conditions. If the location or manner of operation of the camp be found by him to be detrimental to the public health he shall cause the camp to be removed or the manner of its operation to be corrected. Permit Regulation 4. Permit required for labor or construc- tion camp to be occupied by more than ten persons for more than six days. No railroad or other corporation, contractor, lumberman or other person shall establish, construct or maintain any labor or construction camp to be occupied by ten or more persons for a period of more than six days without a permit from the local health officer. Permit Whenever any such camp shall be vacated, the person surren- t - • • riered when in charge thereof shall forthwith notify the local health vr^ted officer and surrender to him the permit therefor. Regulation 5. Application required for permit. Ap- plication for such permit shall be made in writing to the local health officer. The application shall state the exact situation of the proposed camp, the type of camp to be established, the approximate number of persons to be maintained, the probable duration of stay, the proposed source of water supply for the camp, and the proposed method of sew- age and garbage disposal. Applica- tion for permit The Sanitary Code 349 Regulation 6. Conditions of issuance of permit; condi- may be revoked. If the local health officer is satisfied issuance after inspection that the proposed camp will not be a of P ermit source of danger to the health of others or to its in- mates, he shall issue the necessary permit in writing in a form to be prescribed by the State Commissioner of Health. In case the local health officer declines to issue the permit an appeal may be taken to the State Commis- sioner of Health, who may grant a permit. Any such permit may be revoked for cause by the local Revoca- health officer or by the State Commissioner of Health, bearing 83 " after a hearing. Regulation 7. Health officer to be notified of the Persons name of the person responsible for sanitary condition of f 0r sani- camp. It shall be the duty of the owner, manager or JSiml*^ foreman of a labor or construction camp occupied by of camp twenty or more persons to detail one person who shall be responsible for the sanitary condition of the camp and to notify the local health officer of the name of such person. Regulation 8. Copy of this chapter to be posted, posting There shall be furnished by the health officer and con- ° ati on| u " spicuously posted in every camp a copy of this present chapter of the sanitary code or of such parts thereof as may be considered necessary by the State Commissioner of Health. Regulation 9. No building, tent or car in any camp Distance to be nearer than fifty feet of water's edge of public Hecate*-" water supply. In every camp or temporary quarters supply the nearest part of any building, tent, car or shed shall be at least fifty feet in a horizontal direction from the water's edge of any stream, lake or reservoir, except in the case of the Hudson river below the city of Albany, the waters of which are used for a public water supply. Regulation 10. Suitable privy or other toilet facilities Toilet fs-cilifci^s to be provided and used. For every camp there shall 350 The Public Health Manual Privies more than two hun- dred feet from water's edge Privies between fifty and two hun- dred feet of waters edge Disposal of wastes from privies be provided convenient and suitable privy or other toilet facilities approved by the local health officer, which the occupants of the camp shall be required to use instead of polluting the ground. Regulation n. Construction of privies more than two hundred feet from the water's edge. If such privy be more than two hundred feet from the water's edge of any spring, stream, lake or reservoir forming a part of a public or private water supply, it shall consist of a pit at least two feet deep, with suitable shelter over the same. No such pit shall be filled with excreta to nearer than one foot from the surface of the ground and the excreta in the pit shall always be covered with earth or ashes. If the camp is to be occupied for more than six days between May 1 and November 1* the shelter and pit shall be enclosed in fly netting. Regulation 12. Construction and care of privies lo- cated between 50 and 200 feet from the water's edge. If such privy be between 50 and 200' feet from the waters of a spring, stream, lake or reservoir forming part of a public or private water supply, there shall be no pit, but the excreta shall be received in a water- tight tub or bucket and periodically, as often as may be found necessary, shall be taken away and disposed of. Such privy shall be properly screened against flies and kept in a clean and sanitary condition; the pails or buckets shall not be allowed to fill so that they overflow or spill in carrying, and the construction of the privy shall be such that the convenient removal and replace- ment of the tubs or buckets is facilitated. Regulation 13. Disposal of wastes from privies. The pails or buckets used in privies located between 50 and 200 feet from the water's edge, as referred to in regula- tion 12, shall when not more than three-quarters filled be removed from the privy and carried at least 200 feet from the water's edge and the contents there either The Sanitary Code 351 burned or buried in a trench at least two feet deep so that when buried there shall be at least one foot of earth cover. The tubs or buckets immediately after being emptied shall be rinsed out with a suitable disin- fectant as particularly prescribed for such purposes by the special rules and regulations of the State Depart- ment of Health and the rinsing fluid shall also be emptied into the trench. Regulation 14. Garbage to be disposed of in suitable Garbage manner. All garbage, kitchen wastes and other rubbish dls P° sal in camps shall be deposited in suitable covered recep- tacles which shall be emptied daily or oftener if neces- sary, and the contents burned, buried or otherwise dis- posed of in such a way as not to be or become offensive or insanitary. Regulation 15. Water rules to be observed. When- water ever a camp is established on the banks of a spring, ™ le l e lake, reservoir, stream or other watercourse which is a observed source of water supply protected by water rules formu- lated by the State Commissioner of Health, no bathing or washing by the occupants of said camp shall be allowed in said springs, lakes, reservoirs, streams or other watercourses, and all said water rules shall be strictly observed. There shall be furnished by the local copy of health officer and' conspicuously posted in such camp a ^fbe copy of said rules or parts thereof as may be considered furnished necessary by the State Commissioner of Health. Regulation 16. Location and drainage of stables regu- stables lated. -No stable or other shelter for animals shall be maintained within one hundred feet of any living quar- ters in a camp, nor within one hundred and fifty feet of any kitchen or messroom therein. No drainage from such stable or shelter shall be permitted to empty di- rectly into any spring, lake, reservoir, stream or other watercourse forming part of a public or private water supply. 352 The Public Health Manual Camps to be kept and left clean Cases of disease presumably communi- cable to be reported Isolation of cases of com- municable disease Cases not to be removed without permis- sion Regula- tions to be enforced Supple- mentary regulations. Regulation 17. Camps to be kept and left in clean and sanitary condition. All tents, cars, and buildings in, and the grounds surrounding camps shall at all times be kept and when definitely vacated be left in a clean and sanitary condition. Regulation 18. Person in charge of camp to report cases of disease presumably communicable. It shall be the duty of the person in charge of any labor or other camp to enforce regulation 6 of Chapter II of the sanitary code, reading as follows: " It shall be the duty of every visiting nurse and public health nurse and of the person in charge of any labor or other camp, having knowledge of any person affected with any disease presumably communicable, who by reason of the danger to others seems to require the attention of the public health authorities to report at once to the local health officer, within whose jurisdiction such case occurs, all facts relating to the illness and physical condition of such affected person." Regulation 19. Isolation of cases of communicable disease; cases not to be removed without permission of health officer. Whenever a case of disease presumably communicable shall occur in any labor or construction camp it shall be the duty of the person in charge of the camp immediately to isolate the case. Such isola- tion shall be maintained in a manner approved by the local health officer. The person in charge of the camp shall not allow the case to leave or be removed from such camp without the permission of the local health officer. Regulation 20. Duty to enforce regulations on person in charge. It shall be the duty of the superintendent, foreman or other person in charge of a camp to see that all regulations of this chapter are faithfully observed. Regulation 21. Supplementary rules and regulations. Labor and construction camps shall be subject to such The Sanitary Code 353 special and supplementary rules and regulations, not inconsistent herewith, as may from time to time be made by the State Commissioner of Health. Regulation 22. Date of taking effect and territory cities where effective designated. Every regulation in this e chapter shall take effect throughout the State of New York except in cities on the first day of January, 1915. CHAPTER VI Nuisances Which May Affect Life and Health (Adopted December 18, 1914) Regulation 1. Duty of health officer to abate nui- sance likely to affect health; procedure; when and where, to take effect. § 1. The local health officer, upon receiving a com- Health OffiCGF to plaint of the existence within his jurisdiction of a investigate nuisance which may affect health, or when the probable existence of any such nuisance comes to his attention, shall make an immediate and thorough investigation, and if such nuisance exists he shall take all measures within his power and authority to secure its abate- ment. § 2. The health officer shall within five days of the Duties of receipt of the complaint file with the local board of C g r on re _ health: ceipt of complaint (a) the complaint, if made in writing, or, if not made in writing, a summary thereof; or, if no complaint has been made, a statement of the facts, and (b) a report showing (i) his findings; (ii) his opinion as to whether or not the conditions amount to a nuisance like- ly to affect health; (iii) the action, if any, taken by him; ?nd (iv) whether such nuisance has been abated. 12 354 The Public Health Manual Board to convene Duty of health officer if board fails to £.Ct Notice to convene board Board to convene § 3. If said report of the health officer states that there is a nuisance likely to affect health which has not been abated, the local board of health shall convene promptly, investigate the alleged nuisance, and take the necessary steps provided by law for its abatement or within a reasonable time from the filing of the health officer's report enter on its minutes its decision giving its reason for not taking action. § 4. Within forty-eight hours after the entry of such decision, the health officer -shall forward a copy thereof to the state commissioner of health, together with the original or copies of the papers filed by him with the local board, as required in subdivision 2 hereof. § 5. If, in the opinion of the state commissioner of health, the conditions complained of constitute a nuisance likely to affect health and the abatement or removal thereof is necessary for the public good and for the protection of life and health, the said commissioner may by notice to the presiding officer of the local board of health direct him, pursuant to section 26 of the Public Health Law, to convene such local board to take certain definite proceedings con- cerning which the said commissioner is satisfied that the action recommended by him is necessary for the public good and is within the jurisdiction of such local board of health. § 6. Upon the receipt of such notice from the state commissioner of health, the presiding officer of the local board of health shall promptly convene such local board, which shall take the action directed by the said com- missioner. § 7. This regulation shall take effect throughout the state of New York, except in cities, on the first day of March, 1915. The Sanitary Code 355 CHAPTER VII Miscellaneous (Adopted December 18, 1914) Regulation i. Spitting in public places forbidden, spitting : Spitting upon the floor of public buildings or buildings peaces used for public assemblage, or upon the floors or plat- forbidden forms or any part of any railroad or trolley car or ferry boat, or any other public conveyance, is forbidden. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of March, 1915. Regulation i-a. Unguarded coughing and sneezing in unguarded public places forbidden. In order to prevent the con- an^s'neez- veyance of infective material to others, all persons are * ng ^ r ^ id_ required, in coughing and sneezing, properly to cover the nose and mouth with a handkerchief or other pro- tective substitute. It shall also be the duty of every person to observe all such regulations as may be issued by the State Commissioner of Health to prevent the transfer of in- fective material from the nose and mouth. (Added October 14, 1918.) Regulation 2. Common towel forbidden. No person, common firm or corporation owning, in charge of, or in control towe! r °' & ' forbidden of any lavatory or wash room in any hotel, lodging house, restaurant, factory, store, office building, rail- way or trolley station, or public conveyance by land or water shall provide in or about such lavatory or wash room any towel for common use. The term " common use " in this regulation shall be construed to mean, for use by more than one person without cleansing. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of March, 1915. common Regulation 3. Common drinking cups and drinking drinking and eating utensils forbidden. The use of common forbidden 356 The Public Health Manual Barbers and barber shops Methods and pre- cautions drinking cups, and of common drinking or eating uten- sils in any public place or public institution, except in hospitals for the insane, or in any hotel, saloon, lodging house, theatre, factory, store, school or public hall; or in any railway or trolley car or ferry boat; or in any railway or trolley station or ferry house ; or the furnish- ing of any such common drinking cup or drinking or eating utensil for common use in any such place \s prohibited. The term common use " in this regulation shall be construed to mean, for use by more than one person without adequate cleansing. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of May, 1915. (Amended Mar. 4, 1915.) Regulation 4. Barbers and barber shops. Every bar- ber or other person in charge of any barber shop shall keep such barber shop at all times in a clean and sani- tary condition. No person shall act as a barber who is affected with syphilis in the infective stage or with any other com- municable disease enmerated in this code, in an acute form, or with any communicable affection of the skin. The hands of the barber shall be washed with soap and water before serving each customer. Brushes and combs shall frequently be cleansed with soap and water. Shaving mugs and brushes shall be thoroughly rinsed after each use thereof. There shall be a separate clean towel for each custo- mer. The head rest shall be covered by a clean towel or paper. Alum or other material used to stop the flow of blood shall be applied in powdered or liquid form only. After the handling of a customer affected with any eruption, or whose skin is broken out, or is inflamed or contains pus, the hands of the barber shall be immedi- The Sanitary Code 357 ately disinfected. This shall be done by thorough Trashing with soap and water, followed by rinsing in alcohol (70 to 80 per cent.) or in a solution of corrosive sublimate (1 to 1,000), or by the use of some equally efficient disinfectant. The instruments used for a customer affected with any of the above named disorders shall be made safe immediately after such use by washing with soap and water and dipping for one minute in a ten per cent, solution of commercial (40 per cent.) formalin; or dipping for three minutes in alcohol (70 to 80 per cent. ) , or by use of some equally efficient disinfectant. No cup or brush which has been used in the shaving of a customer affected with any of the above infectious disorders of the face shall be used for another customer unless the cup shall have been emptied and cleansed by boiling water and furnished with fresh soap, and the brush has been sterilized by a three minutes' exposure to alcohol ( 70 to 80 per cent. ) , or to a corrosive sub- limate solution (1 to 1,000), or by the use of some equally efficient disinfectant. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of March, 1915. (Amended Feb. 2, 1915, and Feb. — , 1919, in effect March 1, 1919.) Regulation 5. Manicures and chiropodists. The uten- Manicures sils and instruments employed bv manicures and chi- and chi - r J J ropodists ropodists in pursuit of their occupations shall be kept in a clean and sanitary condition. After serving customers affected with a visible skin disease the hands and instruments of the operators shall be immediately cleansed and sterilized. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of March, 1915. Regulation 6. Copies of regulations 4 and 5 to be Reguia- posted. Every barber or other person in charge of any be posted 358 The Public Health Manual Monthly reports of health officers Inspection of tuber- culosis registers, by nurses, etc., ap- proved by commis- sioner of health Health officers to keep record Records confidential barber shop or place where manicuring or chiropody is done shall post a copy of regulations 4 and 5 of this chapter in a conspicuous place therein. This regulation shall take effect on the first day of March; 1915, throughout the state of New York, except in the city of New York and in such cities in which the posting of local regulations in such shops or places is required on January 1, 1915. Regulation 7. Local health officers to file monthly reports with state commissioner of health. Local health officers shall submit' monthly reports to the state com- missioner of health on forms to be prescribed by him. The first report shall be due on February 1, 1915. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of January, 1915. Regulation 8. Local health officers authorized to per- mit inspection of tuberculosis registers in certain cases, t Local health officers are hereby authorized to permit the inspection of the reports of cases of tuberculosis and of the registers mentioned in Section 322 of the Public Health Law by any duly authorized representa- tive of an organization engaged in work for the pre- vention of tuberculosis, who has been approved for this purpose by the state commissioner of health. Local health officers shall keep a record of all persons having access to such reports or registers, stating their names, addresses, and official positions or relations to the state department of health or said organizations. Such persons shall not publish or divulge for publica- tion or communicate to any other person the identity of the persons to whom such reports or registers relate. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of March, 1915. (Added Feb. 2, 1915.) + See § 25, p. 37, § 322, p. 215, and Sanitary Code, Chap. VII, Reg. 14, p. 360 The Sanitary Code 359 Regulation 9. Transportation of dead bodies by com- Transpor- mon carriers. The transportation of dead human bodies the dead by common carriers shall be conducted in such manner as not to be a menace to health and the manner of transportation shall be subject to the special adminis- trative regulations of the state commissioner of health. This regulation shall take effect throughout the state of New York, except in the city of New York, on the first day of August, 1915. (Added May 4, 1915.) Regulation 10. Declaration of cantonment zones, canton- ment zones The state commissioner of health may from time to time declare such territory as he deems necessary in the neighborhood of a military or naval camp or can- tonment a health zone, and he may from time to time change the limits of or abolish such zone. This regulation shall take effect November 5, 1917. (Added Oct. 30, 1917.) Regulation 11. Permits required to sell food and Permit re- -n i quired beverages m all health zones. Whenever the state com- to sen missioner of health has declared any territory to be a beverages health zone, as provided for in regulation ten of this in health . zones chapter, thereafter and so long as such declaration remains in effect no person shall establish or maintain any place for the sale of food or drink intended for human consumption, unless such person shall first have secured from the health officer, in whose jurisdiction the place is situated, a written permit so to do. Such permit inspection 1 ' . . °y health shall not be issued unless, after an inspection, the health officer officer has satisfied himself that the place is maintained under sanitarv conditions. Such permit, unless re- Permit for J one year voked, shall be granted for one year from the date of its issuance and shall be conspicuously displayed in to be the place for which it was issued. Such permits are not displayed transferable. Permit not transfer- This regulation shall take effect November 5, 1917. able (Added Oct. 30, 1917.) 360 The Public Health Manual Monthly inspection. Revocation of permit Tuber- culosis records to be produced only upon subpoena Regulation 12. Monthly inspections by health officers. All places for which such permits are issued shall be inspected at least once in each month by the health officer. This regulation shall take effect November 5, 1917. (Added October 30, 1917.) Regulation 13. Revocation of permit. Any permit so issued may be revoked for cause either by the local health officer or the state commissioner of health, after giving the person holding the permit an opportunity for a hearing. This regulation shall take effect November 5, 1917. (Added October 30, 1917.) Regulation 14. Tuberculosis records.t In any action or prosecution for violation of any of the provisions of the public health law, of the sanitary code, or of the ordinances or regulations of any local board of health, the person in charge of tuberculosis records or reports made in pursuance of the provisions of sections twenty- five or three hundred and twenty of the public health law may in obedience to a duly issued and served subpoena produce and allow to be placed in evidence the whole or any part of such records insofar as the same shall be deemed relevant by the court or by the judge presiding. (Added June 25, 1918, in effect August 1, 1918.) CHAPTER VIII Boarding Houses (Adopted January 9, 1917) inspection Regulation 1. No license shall be issued by the board by health f health of any city or town under the provisions of officer >>,■•> r ^ section four hundred eighty-two of the Penal Law to any person to receive, board or keep any nursing t See § 25, p. 37. § 322, p. 215, and Sanitary Code, Chap. VII, Reg. 8, p. 358 The Sanitary Code 361 children or any children under the age of twelve years not his relatives, apprentices, pupils or wards, without legal commitment, unless the health officer or person performing the duties of health officer of such city or town shall have made an inspection of the premises pro- posed to be occupied by such children, and shall have filed a written report thereon with the local board of health, written Such inspection shall irj elude an examination of each re P° rt room proposed to be occupied by such child or children, and of the sanitary condition of the premises. This regulation shall take effect March 1, 1917. Regulation 2. No license shall be issued to any Conditions person to receive, board or keep any child or children of ii Cen se unless each such child shall sleep in a room having one or more windows opening into the outer air. Pro- vision must be made for the free entrance of fresh air into every such sleeping room and every such room shall be aired at least once in each twenty-four hours. This regulation shall take effect March 1, 1917. Regulation 3. Every such license issued by the board Form Drpscrifofid of health of any city or town shall be on a form to be prescribed by the state commissioner of health. Every such license shall expire on the thirty-first day of May License re- after its issue, and may be renewed after a reinspection of the premises by the local health officer and a written report thereon to the local board of health. Any such License license may be revoked at any time by the state com- revocable missioner of health or by the board of health issuing the same. This regulation shall take effect March 1, 1917. Regulation 4. It shall be the duty of every health inspection rt , . . . . -II- °f board officer to inspect in the municipality under his juris- mg houses diction every boarding house or lodging house where a [u£er- lnS person or persons affected with tuberculosis may be cuiosis boarded or lodged and it shall be his duty to see that the requirements of the public health law and the sanitary code are complied with. 362 The Public Health Manual Health officer to furnish literature Proprietor to post regulations This regulation shall take effect June I, 1917. (Added March 20, 1917.) Regulation 5. It shall be .the duty of every local health officer to furnish the proprietor or other person in charge of such boarding house or lodging house with such sections of the sanitary code and the public health law as may be required by the state commissioner of health. This regulation shall take effect June 1, 1917. ( Added March 20, 1917.) Regulation 6. It shall be the duty of the proprietor or other person in charge of iany boarding or lodging house in which a person or persons affected with tuberculosis may be boarded or lodged to post in a con- spicuous place such provisions of the sanitary code and public health law as may be required by the state com- missioner of health. This regulation shall take effect June 1, 1917. (Added March 20, 1917.) Sale of antipneu- mococcus and antimen- ingococcus serum regulated CHAPTER IX (Adopted December 27, 1917) Regulation 1. Sale of antipneumococcus and anti- meningo coccus serum regulated.* No serum for the treatment of pneumonia or of meningitis shall be sold or offered for sale in the state of New York unless each package is accompanied by a label or circular on which is stated the potency of the serum as tested by the methods established by the rules and regulations of the state commissioner of health; and no such serum shall be sold or offered for sale the potency of which does not equal or exceed the minimum fixed in such rules or regulations. This regulation shall take effect February 15, 1918. * See Public Health Law § 4-b, p. 15, and Sanitary Code, Chap. II, Reg. 44, p. 327, and L. 1917. Chap. 411, p. 504 Agricultural Law 363 EXTRACTS From Affiliated and Inter-related Laws im- posing Specific Duties upon the State Health Department or its Representatives, or bearing upon the Provisions of the Public Health Law. ADDICTS Drug, commitment and treatment. Public Health Law. § 438, p* 296. ADVERTISEMENTS Relating to venereal diseases, prohibited. Penal L. § 1142-a, p. 515. AGRICULTURAL LAW L. 1909, Chap. 9, const. Chapter I of Cons. Laws. ARTICLE 2 § 12, Examination of food for state institutions. Examina- tion of Commissioner of agriculture authorized to examine food for food or food products for use in state institutions, — tutions milk, monthly; other foods semi-annually. To approve land purchased for farm purposes, by state institutions. ARTICLE 3 Dairy products (The enforcement of article now rests with Depart- ment of Farms and Markets, Farms and Markets Law, §§ 25, 30.) § 30. Definitions. The term " butter " when used in Butte r this article means the product of the dairy usually defined known by that term, which is manufactured exclusively from pure, unadulterated milk or cream or both with or without salt or coloring matter; and the term 364 The Public Health Manual Cheese defined Oleo- margarine, butterine, etc. , de- fined Adulter- ated milk defined " cheese,'" when used in this article, means the product of the dairy usually known by that term, which is manufactured exclusively from pure, unadulterated milk or cream, or both, and with or without coloring matter, salt, rennet, sage, olives, pimentos, walnuts, peanuts, tomatoes, celery salt or onions added thereto as a flavor. And provided further, that when manufac- tured by adding to the elemental product of the dairy, usually known by the term " cheese," and manufactured exclusively from pure unadulterated milk or cream or both, any pimentos, olives, walnuts, peanuts, celery salt, tomatoes, or onions, that the percentage of all such sub- stances so added shall not exceed twenty-five per centum in bulk of the manufactured product. The terms " oleomargarine," " butterine," " imitation of butter," or " imitation cheese " shall be construed to mean any article or substance in the semblance of butter or cheese not the usual product of the dairy and not made exclusively of pure or unadulterated milk or cream, or any such article or substance into which any oil, lard, or fat not produced from milk or cream enters as a component part, or into which melted but- ter or butter in any condition or state, or any oil thereof has been introduced to take the place of cream. The term " adulterated milk " when so used means : 1. Milk containing more than eighty-eight and one- half per centum of water or fluids. 2. Milk containing less than eleven and one-half per centum of milk solids. 3. Milk containing less than three per centum of fats. 4. Milk drawn from cows within fifteen days before and five days after parturition. 5. Milk drawn from animals fed on distillery waste or any substance in a state of fermentation or putre- faction or on any unhealthy food. 6. Milk drawn from cows kept in a crowded or un- healthy condition; or milk produced or kept in insani- Agricultural Law 365 tary surroundings or in any environment or under any condition whatever that is inimical to its healthfulness or wholesomeness. 7. Milk from which any part of the cream has been semoved. 8. Milk which has been diluted with water or any other fluid, or to which has been added or into which has been introduced any foreign substance whatever. All adulterated milk shall be deemed unclean, Milk unhealthy, impure and unwholesome. The term " milk " when used, shall mean the whole, fresh, clean, lacteal secretion obtained by the complete milk- ing of one or more healthy cows, properly fed and kept excluding that obtained within fifteen days before and five days after calving, or such longer period as may be necessary to render the milk practically colostrum-free, and the terms "pure cream " or " unadultered cream " when used singly or together, mean cream taken from pure and unadulterated milk. The term " adulterated cream " when used shall mean cream containing less than eighteen per centum of milk fat or cream to which any substance whatsoever has been added. (Amended by L. 1909, en. 186, L. 1910, ch. 341, L. 1911, ch. 59, L. 1911, ch. 608, L, 1913, ch. 455, and L. 1918, ch. 84, in effect March 26, 1918.) § 31. Care and feed of cows, and care and keeping Care and of the produce from such cows. No person shall keep feed of r r ± cows cows, for the production of milk for market or for sale or exchange, or for manufacturing the milk or cream from the same into any article of food, in a crowded or unhealthy condition or in unhealthful or unsanitary surroundings and no person shall keep such cows or the product therefrom in such condition or surround- ings or in such places as shall cause or tend to cause the produce from such cows to be in an unclean, un- healthful or diseased condition, if the produce from from such cows is to be sold, offered or exposed for sale upon the markets for consumption or to be manufac- 366 The Public Health Manual tured into any food product, nor shall such cows or the produce therefrom be handled or cared for by any person suffering with or affected by an infectious or contagious disease, nor shall any such cows be fed on any substance that is in a state of putrefaction or fermentation, or upon any food that is unhealthful or that produces or may produce impure, unhealthful, diseased or unwholesome milk. But this section shall not be construed to prohibit the feeding of ensilage. The commissioner of agriculture is hereby empowered to give such instruction and impart such information as in his judgment may be deemed best to produce a full observance of the provisions of this section. (As amended by chapter 216 of the Laws of 1910.) oM § 32. Prohibiting the sale of adulterated milk, imita- mg sale of tion cream and regulating the sale of certified milk. No ated te miik P erson shall sell or exchange or offer or expose for sale and imita- or exchange, any unclean, impure, unhealthy, adulter- ated or unwholesome milk or any cream from the same, or any unclean, impure, unhealthy, adulterated, colored, or unwholesome cream, or sell or exchange, or offer or expose for sale or exchange, any substance in imita- tion or semblance of cream, which is not cream, nor shall he sell or exchange, or offer or expose for sale or exchange any such substance as and for cream, or sell or exchange, or offer or expose for sale or exchange any article of food made from such milk or cream or manufacture from any such milk or cream any Regulating article of food. No person shall sell or exchange, or sale of offer or expose for sale or exchange, as and for cer- fied " milk titled milk,f any milk which does not conform to the reg- ulations prescribed by and bear the certification of a milk commission appointed by a county medical society organized under and chartered by the medical society of the state of New York and which has not been pro- nounced by such authority to be free from antiseptics, ■ t See Sanitary Code, Chap. Ill, Reg. 13, p. 337 Agricultural Law 367 added preservatives, and pathogenic bacteria or bac- teria in excessive numbers. All milk sold as certified milk shall be conspicuously marked with the name of the commission certifying it. Any person delivering milk to any butter or cheese factory, condensary, milk gathering station or railway station to be shipped to any city, town or village shall be deemed to expose or offer the same for sale whether the said milk is deliv- ered or consigned to himself or another. Each and every can thus delivered, shipped or consigned, if it be not pure milk, must bear a label or card upon which shall be stated the constituents or ingredients of the contents of the can. § 34. Penalty for delivery of adulterated milk. Any Penalty for person, firm, association or corporation delivering any d ® hv ^ ry lt milk to any butter or cheese factory in violation of ated milk • • to f3.ctorv any of the provisions of this chapter shall forfeit and pay to the patrons, firm, association or corporation owning the milk delivered to such factory the sum of fifty dollars, to be recovered in a civil action by the person, firm, association or corporation entitled thereto. § 35-a. Fat tests of composite samples of milk. Per- sons testing milk or cream by •Babcock method as basis for payment or officially, to be licensed by state commissioner of agriculture. § 36. Branded cans, jars or bottles not to be sold, Branded cans, re-marked or used without consent of owner. No per- bottles, son shall hereafter without the consent of the owner or 1^"^^ shipper, use, sell, dispose of, buy or traffic in any milk remarked or used can, jar or bottle, or cream can, jar or bottle, belonging without to any dealer or shipper of milk or cream residing in the state of New York or elsewhere, who may ship milk or cream to any city, town or place within this state, having the name or initials of the owner, dealer or shipper, stamped, marked or fastened on such can, jar or bottle, or wilfully mar, erase or change by re- marking or otherwise said name or initials of any such owner, dealer or shipper, so stamped, marked or fastened owner's consent 36S The Public Health Manual Branded cans, bottles, etc., re- marked or upon said can, jar or bottle. Nor shall any person with- out the consent of the owner use such can, jar or bottle, for any purpose than for milk or cream; nor shall any person without the consent of the owner place in any such can, jar or bottle, any substance or product other than milk or cream. § 36-a. Registration of milk cans, jars or bottles. Any person owning milk cans, jars or bottles upon which he has placed or desires to place any designating mark may out d conse h t re gi s t er the said designating mark with the commis- of owner sioner of agriculture, who shall keep a record thereof, and he may also register with the commissioner of agri- culture, from time to time, the number of such cans, jars or bottles which he has or is to have, which do or may bear such designating mark. Such cans, jars or bottles may after such registration be numbered consecutively and such consecutive numbers may be registered in the department of agriculture, as above provided, with the designating mark. If any such can, jar or bottle, bearing such designating mark shall be found in the possession of, and being used by any person other than the one so registering the same it shall be presumptive evidence of a violation of the provisions of the agri- cultural law, unless such person has the consent of the owner thereof to so have and use the same. No person, except the original owner thereof, or a person duly authorized by him so to do, shall remove, deface or erase any of the marks upon the cans, jars or- bottles herein provided for. When the commissioner of agriculture, or any person duly authorized by him, shall find any such cans, jars or bottles, bearing such registered designating mark, in the possession of or being used by another person than the owner thereof, he may seize the same, and if evidence is not produced in three days showing that such person had been given permission to have or use such cans, jars or bottles, then they shall Seizure when found Agricui/tueal Law 369 be delivered by the commissioner of agriculture, or his agents, to the person from whom taken, otherwise the commissioner of agriculture shall notify the owner of such cans, jars or bottles that he has the same and upon application deliver the same to such owner. (Amended by L. 1916, ch. 216 and L. 1917, ch. 242, in effect April 23, 1917.) § 40. Prohibits use of butter substitute in boarding- houses, hotels, restaurants, saloon, lunch-counter, or place of public entertainment unless notice on bill of fare and posted on signs easily read by guests. § 42. Coloring matter in food products; analysis by Analysis state board of health. No person or persons shall matter*" ^ g manufacture, sell or expose for sale anv poisonous in food / ■ . products coloring matter for the coloring of food products of any kind, nor shall any person or persons use any poisonous coloring matter manufactured, sold, offered or exposed for sale within this state; nor shall any person or persons sell, offer or expose for sale any food product containing such poisonous coloring matter. The state commissioner of health shall cause samples of coloring matter that are exposed for sale upon the market for use in food products to be analyzed and report the results of such analysis to the legislature at the next session. § 44. When prohibitions do not apply to skim-milk skim-miik or skim-cheese. The prohibitions contained in this article against the sale of adulterated milk shall not apply to skim-milk, which is clean, pure, healthy, whole- some and unadulterated, except by skimming, if it is sold for and as skimmed milk. The prohibitions in this article against the sale of cheese made from adulterated milk or cream, shall not apply to pure skim-cheese made from milk which is clean, pure, healthy, wholesome and unadulterated, except by skimming. (Amended by L. 1917, ch. 540, in effect May 17, 1917.) 370 The Public Health Manual unclean § 45. Unclean receptacles and places for *keping receptacles milk- notice to violators of provisions. No person, firm, and places r ' T '- for keeping association or corporation, producing, buying or receiv- ing milk for the purpose of selling the same for con- sumption as such, or for manufacturing the same into butter, cheese, condensed milk, or other human food, shall keep the same in utensils, cans, vessels, rooms, or buildings that are unclean or have unsanitary sur- roundings or drainage or in any condition whatsoever that would tend to produce or promote conditions fav- orable to unhealthfulness or disease. The commissioner of agriculture shall notify all persons, firms, associa- tions or corporations, violating this section, to clean said utensils, cans, vessels, rooms or buildings, or to so improve the sanitary conditions that the law will not be violated, and if such notice is complied with in ten days' time, Sundays excepted, then no action shall lie for a violation of this section. Any person having charge of any milk gathering station where milk is received from the dairymen for the purpose of selling the same for consumption or shipping the same to mar- ket for consumption as human food before taking such charge or operating or working as such agent or person in charge shall apply to the commissioner of agricul- ture for a license to so work or operate or have charge, and shall at the time of making such application, file with the commissioner a statement under oath, setting forth the fact that he will not while having charge of or operating any such milk gathering establishment or while employed therein adulterate or suffer or permit the adulteration of any such milk or any product there- of during the term for which he may be licensed. After the applicant shall have complied with the foregoing provisions of this section, the commissioner of agricul- ture upon being satisfied that the applicant is a person of good moral character and a qualified and proper per- son to so have charge of or operate any such milk License to milk gathering station * So in original Agricultural Law 371 gathering station or establishment shall issue to said applicant a license, which shall qualify him to have License charge of any such milk gathering station or estab- gathering lishment for the period of two years from the date statlon of such license; provided, however, that where milk is to be bought from the dairymen at any such milk gathering station by the proprietor, person in charge or any agent of the proprietor of such station, such license shall be only for a period of one year, as pro- vided in sections fifty-five to sixty- four, inclusive, of this article, and the matter required to be set forth in the application for a license under the provisions of this section shall be set forth in the application provided for in sections fifty-five to sixty-four in addition to the matters therein required. The person regularly doing the work of receiving, caring for and shipping the milk at any station or establishment, or in case more than one person is so employed then the foreman in- charge of such works shall be deemed to be a person in charge of such station or establishment within the meaning and purposes of this section. Such license certificate shall be kept at such station or establishment where the license is so employed and shall be open to the inspection of the representatives of the department of agriculture and the public. Any person having charge Monthly of any milk gathering station or establishment as afore- sales and said shall keep a true and correct monthly record of shipments the receipts of milk or other dairy products received gathering at such station or establishment, and also a true and s a 10n correct monthly record of all sales or shipments of milk, cream or other .dairy products shipped or sold from such station or establishment, and shall also keep a true and correct monthly record of the amount oi skim milk produced in such station or establishment and of the disposition of said skim milk. Such record shall be preserved at such station or establishment for at least two years after the same shall have been made and such records shall at all times be open to the in- 372 The Public Health Manual spection of the commissioner of agriculture, his assi3- Marking of tants or agents. When cream is sold or shipped from cream an y sucn station or establishment so selling or ship- ping milk for consumption as aforesaid, each original bottle or package of one quart or less of cream so shipped or sold shall bear a label securely attached to the side of such bottle or package on which shall be conspicuously printed the word " cream " in black letters of at least one-fourth of an inch in length or else the word " cream " shall be blown in the side of such bottle in plain raised letters of at least one-half an inch in length, and the top and side of each and every other original package or can containing cream or original crate or case containing bottles of cream so shipped or sold shall bear a label securely attached on which shall be conspicuously printed the word " cream " in "black letters of at least one inch in length and also a plainly written or printed statement on the label stating from whom and what station the same is shipped and the name of the consignee and point of destination and the date on which the cream therein was produced by such separation or skimming. The shipment of each and every such original package of cream so shipped and not so labeled as herein required shall constitute a separate violation. When cream is so separated or skimmed from milk at any such station or establish- ment and the supply of milk on hand thereat at the time of the next regular daily shipment of milk there- from, consisting of the total amount of milk in such shipment, together with that remaining on hand im- mediately after such shipment, is' not thereby decreased or correspondingly less than the total quantity received during any period extending from some point of time before such skimming was done until the time of such shipment, together with the amount of milk on hand at the commencement of such period, and such decrease is not equal in amount to the quantity of milk that must have been used in so separating such cream in Agricultural Law 373 addition to the quantity otherwise there used or dis- posed of during such period, such fact is conclusive that skim milk or other foreign substance was added to such milk supply within such period and shall be presump- tive evidence within the meaning of this section that the same was added to each can or vessel of milk in such shipment. When cream or skim milk is found to have been on the premises of any such station or establishment or is sold or shipped therefrom, such cream or skim milk so found or so sold or shipped there- from shall be presumed to have been produced by sepa- rating or skimming at such station or establishment. In any action or proceeding relative to the adulteration of milk by removing cream therefrom or adding skim milk or other foreign substance thereto, it shall be presumed that when cream has been produced by so skimming or separating or butter has been manufac- tured, there was made at least five quarts of milk in the production of each quart of cream so produced and there was necessarily so produced thereby at least four quarts of skim milk to each quart of cream so pro- duced, and that there was used at least nine quarts of milk in the production of each pound of butter so man- ufactured. If any such person so duly licensed shall thereafter refuse or neglect to keep and preserve full and complete records as herein required or shall refuse to exhibit such records to the commissioner of agricul- ture, his assistants or agents or shall violate any of the provisions of this section or any of the provisions of this chapter relative to milk or the products thereof he shall forfeit his license and shall be disqualified for a period of five years from being again licensed by the commissioner of agriculture. (As amended by chapter 408 of the Laws of 1913.) 46. Unsanitary cans and receptacles condemned. All unsani- cans or receptacles used in the sale of milk, cream or and re _ s curd for consumption, or in transporting or shipping ceptacies r t condemned the same to market or the delivery thereof to pur- 374 The Public Health Manual chasers for consumption as human food, when found by the commissioner of agriculture or his assistants or agents to be in unfit condition to be so used by rea- son of being worn out, badly rusted, or with rusted inside surface, or unclean or unsanitary or in such condition that they can not be rendered clean and sani- tary by washing, and will tend to produce or promote in milk, cream or curd when contained therein, bad flavors, unclean or unwholesome conditions favorable to unhealthfulness or disease, shall be condemned by the commissioner of agriculture or his assistants or agents. Every such can or receptacle when so condemned shall be marked by a stamp, impression or device, designed by the commissioner of agriculture, showing that it has been so condemned, and when so condemned shall not thereafter be used by any person for the pur- pose of so selling, transporting or shipping milk, cream or curd. Receptacles § 47. Receptacles to be cleansed before returning; cieaifd receptacles may be seized; evidence; violation; milk can before re- inspectors. Whenever any can or receptacle is used for transporting or conveying milk, cream or curd to market for the purpose of selling or furnishing the same for consumption as human food, which can or receptacle, when emptied, is returned or intended to be returned to the person so selling, furnishing or ship- ping such substance to be again thus used, or which is liable to continued use in so transporting, conveying selling or shipping such substance as aforesaid, the con- sumer, dealer or consignee using, selling or receiving the milk, cream or curd from such can or receptacle, shall, before so returning such can or receptacle remove all substances foreign to milk therefrom, by rinsing with water or otherwise. When any such milk, cream or curd is sold within any city of this state or shipped into any such city, the fact of such shipment or sale shall be prima facie evidence that the same was so shipped or sold for consumption as human food. When any Agricultural Law 375 such can or receptacle is returned or delivered or slipped to any person or creamery so selling such sub- stance within, or shipping the same into such city, it is deemed that such can or receptacle is liable to such continued use in so selling or shipping such substance therein for consumption as human food within the meaning and purposes of this section and section forty- six. No person shall place or suffer to be placed in any Milk re- such can or receptacle any sweepings, refuse, dirt, litter, ^p^ 01 ^ garbage, filth or any other animal or vegetable sub- be used stance, nor shall any such consignee or other person purposes^ through himself, his agent or employee, bring or deliver to any person or railroad or other conveyance any such can or receptacle for the purpose of such return, or any milk, cream or curd can or receptacle for the pur- pose of delivery or shipment to any person or cream- ery engaged in so selling or shipping such substances for consumption as human food, which can or recep- tacle contains such foreign substance or which has not been rinsed as herein provided. The word " curd " as used in this section and section forty-six applies to the substance otherwise known as ?' pot cheese " or " cottage cheese." Whenever any such can or receptacle is used, returned, delivered or shipped in violation of this section, or of section forty- six of this chapter, every such use, return, delivery or shipment of each such can or receptacle shall be deemed a separate violation thereof. Such cans or receptacles so used, seizure of returned, delivered or shipped in violation of this sec- recept tion or of section forty-six may be seized by the com- missioner of agriculture, his assistants or agents and held as evidence of such violation. For the proper Milk can enforcement of this section and section forty- six, the 1Ils P ector5 commissioner of agriculture may appoint two milk can inspectors to be stationed chiefly in the city of New York who shall receive the usual compensation of other agents of the department of agriculture. (As amended by chapter 608 of the Laws of 1911.) 376 The Public Health Manual Penalties § 52. Penalties. Every person violating any of the provisions of this chapter, shall forfeit to the people of the state of New York the sum of not less than fifty dollars nor more than one hundred dollars for the first violation and not less than one hundred dol- lars nor more than two hundred dollars for the second and each subsequent violation. When such violation consists of the manufacture or production of any pro- hibited article, each day during which or any part of which such manufacture or production is carried on or continued, shall be deemed a separate violation. When the violation consists of the sale, or the offering or exposing for sale or exchange of any prohibited article or substance, the sale of each one of several packages shall constitute a separate violation, and each day on which any such article or substance is offered or ex- posed for sale or exchange shall constitute a separate^ violation. If the sale be of milk and it be in cans, bottles or containers of any kind and if the milk in any one of such containers be adulterated, it shall be deemed a violation whether such vender be selling all the milk in all of his containers to one person or not. When the use of any such article or sub- stance is prohibited, each day during which or any part of which said article or substance is so used or fur- nished for use, shall constitute a separate violation, and the furnishing of the same for use to each person to whom the same may be furnished shall constitute a separa+e violation. Whoever by himself or . another violates any of the provisions of articles three, four, six, eight and nine or of sections three hundred four- teen and three hundred fifteen of this chapter or of sections one hundred six, one hundred seven and one hundred eight of this chapter shall be guilty of a mis- demeanor, and upon conviction shall be punished by a fine of not less than fifty dollars, nor more than two hundred dollars, or by imprisonment of not less than one month nor more than six months or by both such Agricultural Law 377 fine and imprisonment, for the first offense; and by six months' imprisonment for the second offense. (Amended by L. 1916, ch. 384, in effect May 2, 1916.) § 53. Butterine and similar products not to be institu- tions not purchased by certain institutions. No money appro- to purchase priated by law for maintenance and support in whole o^!" 116 ' or in part of a state institution; nor money received margarine, by a charitable, benevolent, penal or reformatory institution from the state, or from a county, city or town thereof; or appropriated by such county, city or town for the maintenance or support in whole or in part of such institution; nor money belonging to or used for the maintenance or support of such institution, shall be expended for the purchase of, or in payment for, butterine, oleomargine, lard; cheese, or articles or products in imitation or semblance of natural butter or cheese produced from pure unadultered milk or cream from the same, which articles or products have been rendered or manufactured in whole or in part from animal fats, or animal or vegetable oils not produced from unadulterated milk or cream from the same. § 54. Purchase, sale and use of butterine and similar Butterine, OlfiTTl £L Y - products prohibited in certain institutions. No officer, garine, manager, superintendent or agent of an institution U''^ 01 mentioned in section fifty-three of this chapter, shall sold to institutions purchase for the use of such institution articles or products, for the purchase of which the money appro- priated by law, or by a county, city or town is for- bidden to be used by section fifty-three of this chapter, and no person shall sell to, or for the use of such institution, such articles or products. Nor shall such articles or products be used as articles of food or for cooking purposes in such institutions within this state. § 55. Provides for licensing of milk gathering stations where milk is bought for shipping to any city for consumption or for manufacture. 378 The Public Health Manual ARTICLE V DISEASES OF DOMESTIC ANIMALS ( Former article 5 repealed and new article 5 added by L. 1917, ch. 660, in effect July 1, 1917.) Section 90. Bureau of veterinary service; chief veterinarian. 91. Assistant veterinarians and employees. 92. Control and suppression of disease. 93. Report of disease. 94. Regulations relating to importation. 95. (Sanitary regulations. 96. Quarantine on animals or premises. 97. Examination by veterinarian prerequisite to destruction of animal. 98. Physical examination of cattle. 99. Examination at request of owner. The Bang system. Grading of herds. 100. iSale of animals affected with tuberculosis or glanders. 101. Appraisers. 102. Appraisal of diseased animals. 103. Certificate of appraisal. 104. Destruction of animals, disposition of carcasses. 105. Post mortem examination of animals. 106. Payments for animals killed. 107. Compensation of owners of animals killed or appropriated by the state. 108. Disposition and use of tuberculin and mallein. 109. Violations of rabies quarantine; release and impounding of dogs. 110. Shipping, slaughtering and selling veal for food . Agricultural Law 379 Section 111. Shipping veal. Receiving veal for ship- ment by common carriers. 112. Assistants of local officers in enforcing article. 113. Commissioner and employees are peace officers. 114. Fines and penalties. § 90. Bureau of veterinary service; chief veterinarian. Bureau of The bureau of veterinary service in the department of service agriculture shall be continued and such bureau shall be in charge of an experienced veterinarian, who shall be appointed by the commissioner and be known as the chief veterinarian. The chief veterinarian, under the direction of the commissioner, shall have general charge of the enforcement of the provisions of this article and may collect and disseminate information and statistics in relation to the diseases of domestic animals, the proper care and sanitation of stables and other buildings used for the housing of farm animals, and such other similar matters as the commissioner may direct. § 91. Assistant veterinarians and employees. The veterina- commissioner may appoint such other veterinarians and proved «by employ such other persons as he may from time to time commis- deem necessary to assist in the discharge of the duties agriculture under this article. He may also adopt suitable rules providing for the acceptance, approval and certification of the work of veterinarians as he may deem necessary for the purposes of this article. § 92. Control and suppression of disease. The com- control missioner mav cause investigation to be made as to the an 5 c , sup " nf J o pression of best method for the control, suppression or eradication disease of infectious or communicable disease affecting domestic animals. Whenever any infectious or communicable disease affecting domestic animals shall exist or shall have recently existed outside this state, the commis- 380 The Public Health Manual sioner shall take measures to prevent such disease from being brought into the state. Whenever any such disease shall exist or be brought into or break out in this state, the commissioner shall take measures promptly to suppress the same and to prevent such disease from Quaran- spreading. He shall issue and publish a notice stating tine notices ^^ a S p ec jfl e( j infectious or communicable disease exists in the state, or in any designated county or other geographical district thereof, and warning all persons to seclude, in the premises where they may be at the time, all animals within this state, or within such county or district, or an adjoining county or district, that are of a kind susceptible to contract such disease; and ordering all persons to take such precautions against the spreading of the disease as the nature thereof may, in his judgment, render necessary or expedient, and which he may specify in such notice. Such notice shall be published in such manner as the commissioner may designate. The commissioner may cause such notice to be posted on public service poles other than those carrying wires transmitting electricity for light or power, or on fences on the highway or on buildings abutting upon the highways, provided, if such fences or buildings be personally owned, the owners thereof consent to such posting. ■No person shall tear down, mutilate, deface or destroy any such notice or order issued by the commissioner and posted, as pro- vided herein, during the pendency of such notice or order. The commissioner may alter or modify, from time to time, as he may deem expedient, the terms of any notice or order issued or made pursuant to this article and may at any time cancel or withdraw the same. or fe com- S § 93 - Re Port of disease. Every person shall immedi- municabie ately report to the commissioner the existence anions disease of . *. animals animals of any infectious or communicable disease reported coming to his knowledge. Every report shall be in Agricultural Law 3S1 writing and shall include a description of the diseased animal or animals, the location thereof, the name of the disease suspected, and, if known, the name and address of the owner or person in charge of such animal or animals. § 94. Regulations relating to importation. The fol- Reguia- lowing regulations shall apply to the importation of ing t o im- domestic animals: portation 1. Xo person shall knowingly bring into this state any domestic animal which has an infectious or com- municable disease. 2. Any person bringing into this state domestic animals for any purpose other than immediate slaughter without taking precaution to ascertain whether such animals have an infectious or communicable disease shall be presumed to have brought them in knowingly in violation of this section, if they are found to have such disease. 3. . Animals received from outside the state under the Reguiat- supervision of the United States department of agri- ^ Tt ^ n culture or the department of agriculture of the state of animals of Xew York, or for which a permit or certificate shall have been issued by either of such departments, shall be deemed to have been handled with due precaution. •4. Any person importing or bringing into this state aeat cattle for dairy or breeding purposes shall report immediately upon bringing such cattle into the state to the department, in writing, stating the number of cattle thus brought in, the places where they were procured, the lines over which they were brought, their desti- nation within the state and when they will arrive thereat; and if there be filed with the department at the time of filing such report or within ten days there- after, a certificate by a duly authorized veterinary piactitioner approved by the authorities of the state in which he resides or by an authorized veterinary inspector of the United States bureau of animal indus- 382 The Public Health Manual try to the effect that he has duly examined such animals and that they are free from any infectious or com- municable disease, the commissioner may issue a per- mit to such person to remove such cattle immediately. Otherwise such person shall detain such animals at the point of destination for at least twenty days for inspection or examination by the commissioner or his duly authorized agent. The provisions of this sub- division relating to advance reports to the department shall not apply to cattle imported into this state at a point where there is federal inspection. 5. Persons importing or receiving domestic animals from without the state shall give such other informa- tion to the department as it may from time to time request relating to such animals. 6. The commissioner, a deputy commissioner, or the chief veterinarian may order all or any animals com- ing into the state to be detained at any place or places for inspection and examination, and may in their discretion cause such animals to be duly examined in such manner as they shall prescribe, and if any of them be found affected with any infectious or com- municable disease, such animals shall be condemned and slaughtered or held in strict quarantine. 7. Every bringing of an animal into the state in violation of this section shall constitute a separate and distinct violation. 8. Nothing contained in this section can be construed to prevent or make unlawful the transporation of domestic animals through this state on railroads or boats. sanitary § 95. Sanitary regulations. The commissioner may adopt and enforce rules regulating the sanitation of stables or other buildings used for the housing of domestic animals for the purpose of preventing the spread of infection and contagion among such animals and may provide for the inspection and examination of regula tions Agricultural Law 383" such staMes and buildings. The commissioner may adopt and enforce rules concerning the equipment for and the method of the sanitary production of milk and may provide for the examination and scoring of dairies in accordance with such rules. He may also prescribe such rules as may be necessary for disinfecting and cleaning premises, buildings, railway cars, boats and other objects, from or by means of which infection or contagion of animals may be spread or conveyed. § 96. Quarantine on animals or premises. The com- Quaran- missioner, a deputy commissioner, or the chief veteri- narian, may order any animal or animals affected with communicable disease or which have been exposed to a communicable disease or which they believe to be suffering from or exposed to a dangerous communicable disease, to be put in quarantine and may order any premises or farm where such disease exists or shall have recently existed to be put in quarantine, so that no domestic animal be removed from or brought to the premises quarantined; and shall prescribe such regula- tions affecting animals, persons or property as they may deem necessary or expedient to prevent the dissemina- tion of the disease from the premises so quarantined. § 97. Examination by veterinarian prerequisite to Bxamina- destruction of animal. No animal shall be destroyed by approved the commissioner or by his order unless first examined JfL nna ~ v nan by a veterinarian in the employ of the department, or before whose work is approved by the commissioner, nor until tion of such veterinarian renders a certificate to the com- amma! missioner, to the effect that he has made such examina- tion, that, in his judgment, such animal is infected with a specified infectious or communicable disease, or that its destruction is necessary in order to prevent or sup- press, or to aid in preventing or suppressing, such disease. Physical § 98. Physical examination of cattle. The com- examina- missioner shall cause a physical examination to be made ca°ttie° 384 The Public Health Manual by competent veterinarians of dairy cows whose milk is marketed in liquid form or manufactured into butter, cheese or other food for human consumption, where the conditions are such as to make it necessary in order to prevent the products containing pathogenic bacteria, and he may cause a bacteriological test to be made of the secretions or excretions of any herd or herds of dairy cows or of any cow or cows within the Physical state. Such physical examinations may be made as tion of frequently as available funds appropriated will permit, and as the conditions necessitate. An examination made by any qualified and approved examiner may be accepted by the commissioner. Except in advanced cases, if an animal is found to have tuberculosis the commissioner of agriculture shall not take any action based upon such physical examination unless, if required by the owner, the tuberculin test be applied and such test confirms the result of the physical exami- nation. If from such examination an animal be deemed to be infected with tuberculosis or any infectious or com- municable disease or its condition be such as to render it undesirable for the production of milk or a menace to the health of other animals or persons, such animal shall be immediately removed from the herd, slaughtered or disposed of as the commissioner may prescribe according to the provisions of this article. If the owner or custodian of the herd so examined makes written request, the commissioner upon the recommen- dation of a veterinarian making such examination shall deliver or forward to such owner or custodian of herds so examined a certificate stating that such examination has been made, the date thereof and such other infor- mation as may be deemed necessary by the commis- sioner. The commissioner may make such regulations as he may deem necessary for the classification of herds examined under this section and is hereby authorized and empowered, within the limits of his Agricultural Law 385 appropriation, to make arrangements at laboratories, either public or private, for the bacteriological tests above provided for. § 99. Examination at request of owner. The Bang Examina- system; grading of herds. The owner of a herd of ^queS cattle kept for dairy or breeding purposes within the oz owner state may apply to the commissioner for examination of his herd by the tuberculin, or other approved test, subject to the following regulations: 1. The application therefor shall be upon a blank form provided by the commissioner and shall include an agreement on the part of the owner of the herd to improve faulty sanitary conditions, to disinfect his premises if diseased cattle be found, and to follow directions of the commissioner designed to prevent the reinfection of the herd and to suppress the disease and prevent the spread thereof. ! 2. The commissioner shall cause such cattle to be examined accordingly, subject to the provisions of this article, and if any animal responds to such test, he may cause it to be slaughtered or held in strict quarantine. 3. If after examination an animal be found to be "Bang > suffering from tuberculosis such animal shall be " - y slaughtered under the provisions of this article, or the commissioner may enter into a written agreement with the owner for keeping such animal under what is known as the "Bang system;" or the commissioner may, if the condition of such animal warrants it, con- sign such animal to any one of the experiment stations or farms owned by the state, or by any county of the state, or to the farms of such public institutions in the state as the commissioner shall approve, there to be kept and used by the state for breeding, dairy or experimental purposes according to the " Bang system.*' 4. 'Subject to the rules of the commissioner an animal found to be diseased after such test may continue to be 13 3S6 The Public Health Manual Grading herdB used for breeding purposes and its milk may be used after proper pasteurization at such temperature and foi such time as the commissioner may prescribe except that such milk be used without pasteurization for the feeding of calves or hogs, provided such calves or hogs so fed are killed under inspection approved by the com- missioner. 5. The young of any such diseased animal shall im- mediately be separated from its mother and shall not be permitted to receive or be fed the milk from such affected animal so separated and quarantined until such milk has been pasteurized as herein provided, unless such calf is to be killed as provided in subdivision four of this section, of 6. The commissioner may make rules for classifying herds tested under this section or certified by com- petent examination satisfactory to him for the purpose of giving recognition to herds which are in a healthy condition and is hereby authorized to issue such cer- tification as he may deem necessary in relation to such herds. The commissioner is hereby authorized to adopt such rules as he may deem necessary for the tagging, branding or marking of any animal or animals affected or believed to be affected with any communicable disease, or exposed thereto. In the event that such animals are branded it shall not be construed as cruelty to animals within the meaning of the penal law. § 100. Sale of animals affected with tuberculosis. No animal showing physical evidence of tuberculosis or in with tuber- which such disease shall have been indicated as a result culosis of the tuberculin, or other approved test, shall be sold other than for immediate slaughter except under a written contract approved by the commissioner, signed by both parties, specifying the facts. No such animal shall be removed except for immediate slaughter from the premises where examined except upon the written permission of the commissioner. A contract of sale as Sale of animals affected Agricultural Law 387 provided by this section shall be executed in triplicate and one copy thereof delivered to the purchaser, one kept by the seller, and the other delivered to the commissioner. § 101. Appraisers. The commissioner may employ Appraisers from time to time appraisers of condemned animals. ^ m °°°" The chief or any assistant veterinarian shall have all animals the powers of any appraiser of condemned animals under this article. § 102. Appraisal of diseased animals. Each animal Appraisal of diseased directed to be slaughtered or taken over by the state animals to be kept under the " Bang system " shall be ap- praised at the market value of such animal at the time of making the appraisal. The appraised value of each registered pure-bred bovine animal shall not exceed one hundred and twenty-five dollars or any other bovine animal seventy-five dollars. The appraised value of each equine animal shall not exceed one hundred and twenty- five dollars. If the value of a condemned animal as determined by the appraiser is not ' satisfactory to the owner, its value shall be determined by arbitrators, one of whom shall be appointed by the state appraiser and one by the owner. If they are unable to agree, a third arbitrator shall be appointed by them. The value determined by such arbitrators shall not exceed the limits established by this article and after approval by the commissioner shall be final. The arbitrator selected by the owner shall be paid by him. If a third arbitrator be chosen he shall be paid by the state not more than five dollars per day and necessary expenses. Appraisers of condemned animals and arbitrators ap- pointed under this section may administer oaths and examine witnesses. § 103. Certificate of appraisal. The appraiser shall £jJ"es fi ~of execute and deliver to the owner of a condemned animal appraisal or his legal representative a certificate stating the ap- praised value thereof. If such value was determined by 388 The Public Health Manual Destruc- tion of animals Disposi- tion of carcasses Post- mortem ex- amination of ani- mals Payments for animals killed arbitrators, there shall be attached to such certificate a statement of the value so determined signed by at least two of the arbitrators. The form of such certificate shall be prescribed by the commissioner. § 104. Destruction of animals; disposition of car- casses. The commissioner may prescribe rules for the destruction of animals affected with infectious or com- municable disease, and for the proper disposal of their hides and carcasses and all objects which might carry infection or contagion. Whenever in his judgment necessary for the more speedy and economical suppres- sion or prevention of the spread of any such disease he may cause to be slaughtered and afterward disposed of, in such manner as he may deem expedient, any animal or animals which by contact or association with diseased animals or other exposure to infection or contagion may be considered or suspected to be liable to contract or communicate the disease sought to be suppressed or prevented. The commissioner may seize and cause to be destroyed a carcass or any portion thereof affected with any communicable disease. § 105. Post-mortem examination of animals. Every animal duly condemned and killed under the provisions of this article shall be examined by a veterinarian or physician designated by the commissioner for the pur- pose of determining whether or not disease existed in such animal. Such post-mortem examination shall be under rules prescribed by the commissioner and the report thereof shall show conditions found upon such examination duly verified by the person making such examination. § 106. Payments for animals killed. The certificate of appraisal and the statement of the result of the post- mortem examination shall be presented by the owner, or his legal representative, or assigns, to the commis- sioner, who shall issue his order for the amount due, as shown by such certificate and statement after he has Agricultural Law 3S9 found them to be correct, which amount shall be paid by the state treasurer on the warrant of the comptroller out of moneys appropriated therefor. The owner of animals condemned, taken over by the state or slaugh- tered as provided for herein shall also be entitled to and shall be paid interest on the amount due as shown by said certificate as herein provided for, after thirty days from the time such animals are ordered so taken or slaughtered by the commissioner. § 107. Compensation of owners of animals killed or compensa- appropriated by the state. The following provisions owners of shall govern the payment of compensation to owners of f. , 1 , 111 ? 15 animals killed or appropriated by the state under the appro- n ,-.. ,. ! priated provisions of this article: by state 1. If upon post-mortem examination an animal is found not to have the disease for which killed or any dangerously infectious or communicable disease, the owner shall be allowed the actual appraised value of such animal at the time of killing, unless such animal was killed on account of violaton of quarantne regula- tions, as provided in this article. 2. If an equine animal be found upon post-mortem examination to have been suffering from glanders not manifest by physical symptoms, the owner thereof shall be paid therefor ninety per centum of the appraised value. If the animal has glanders showing physical symptoms the owner thereof shall be paid therefor twenty-five per centum of the appraised value. 3. If a bovine animal be found upon post-mortem examination to have been suffering from localized tuber- culosis, or if such animal be taken over by the state as provided by this article, the owner thereof shall be paid ninety per centum of the appraised value. If a bovine animal be found upon such examination to have had generalized tuberculosis the owner thereof shall be paid twenty-five per centum of the appraised value. 390 The Public Health Manual 4. No animal killed or taken under the provisions of this article shall be paid for as herein provided unless, if a bovine, it shall have been within the state of New York for at least six months, and if an equine for at least twelve months. 5. The commissioner is hereby authorized to make rules in reference to the official inspection of the car- casses of animals so killed, and to provide for the suit- able marking or branding of carcasses passed or con- demned. The commissioner may make such rules as he deems necessary or expedient for the proper disposal of carcasses or parts thereof. 6. For every day the owner or custodian of diseased animals is obliged to keep them in excess of ten days from the date ordered killed or taken by the commis- sioner, he shall be allowed and paid the sum of twenty- five cents per day per head. 7. No compensation shall be paid to any person who shall have wilfully concealed the existence of disease among his animals or upon his premises, or who in any way by act or by wilful neglect has contributed to spread the disease sought to be suppressed or prevented or who shall have wilfully neglected to take necessary precau- tion or obeyed instructions given him by the commis- sioner or neglected to assist in the control or eradiction of any infectious or communicable disease among his animals. 8. Except as herein provided no compensation shall be paid for any animal which upon post-mortem exami- nation is found to have the disease on account of which it was killed, or any dangerously infectious or com- municable disease that would warrant the destruction of such animal. 9. If the disease known as aphthous fever be found to exist within this state and the commissioner deems it necessary to properly control, suppress or eradicate such disease, to order the slaughter of domestic animals Agricultural Law 391 or the destruction of other property or both, the owner of animals so slaughtered or property so destroyed shall receive compensation in the manner following: The amount to be paid for each bovine animal so destroyed shall be fixed in the same manner as provided for in this section but shall not exceed the sum of two hundred dollars for any one bovine animal so taken. The value of animals so destroyed and the amount due owners as. provided herein, less the amounts paid or to be paid by the federal government, shall be paid upon the audit and warrant of the comptroller to owners entitled thereto "in the same manner as provided in section one hundred and six of this article. § 10S. Disposition and use of tuberculin and mallein. D i«no,i ine commissioner is hereby authorized to make such tion and rules and promulgate such orders for the proper con- Sercuiin trol, use or distribution of tuberculin or mallein as mallein he may deem necessary. The following general pro- visions shall govern the disposition and use of tuber- culin and mallein within the state : 1- All tuberculin or mallein sold, given away or used, shall bear a label stating the name and address of the manufacturer, the degree of strength and dosage recom- mended, and the date of the preparation. 2. All tuberculin or mallein sold or given away for use m testing bovine or equine animals shall be re- ported, in writing, to the commissioner within one week after such sale or gift is made. Such report shall be signed by the person making the gift or sale and shall state the name and address of the person to whom such tuberculin or mallein has been sold or given, and the amount supplied. 3. Any person, firm, corporation or institution bring- ing or causing tuberculin or mallein or a biological product containing living pathogenic organisms to be brought into the state to be used therein in the treat- ment of or administration to domestic animals shall within one week thereafter, make a report thereof to the use tuber r-ulin and 392 The Public Health Manual commissioner stating the manufacturer thereof, the quantity so brought in and giving such other informa- tion in relation thereto as the commissioner may request. 4. The commissioner shall print, in appropriate form, blanks for making and keeping records of such tests and other necessary data for the purposes of this article. Disposi- 5. Any person using tuberculin or mallein in testing f animals shall keep a correct record thereof, and, if re- quested by the commissioner, any person, firm or cor- maiiein poration making such tests shall within one week there- after report to the commissioner giving a detailed ac- count of the tests thus made, including the description of animals, the location of the farm or farms upon which tests were made, and the name and address of the owner or custodian. If the commissioner desires to cause a physical examination to be made of any animal so tested, or a bacteriological examination of its milk to be made, the owner or custodian of any such animal that has reacted shall indicate to the commissioner, or to the person designated by him, any animal that shall have been subjected to any such test and give such in- formation as the commissioner may direct with refer- ence thereto, or of previous tests of such animal and such other information relating thereto as the commis- sioner may require. 6. If such tests be made by a nonresident of the state, the owner or custodian of the animals thus tested shall make such report to the commissioner as he may require. 7. No person shall knowingly inject into any bovine or equine animal as or for .tuberculin or mallein any substance which is not tuberculin or mallein. 8. No person shall treat, except by consent of the commissioner for experimental purposes, any bovine or equine animal with any material or substance, or in any manner, for the purpose or with the effect of pre- Agkicultural Law 393 venting a normal reaction on the part of such animal to the tuberculin or mallein test. 9. No person shall give a certificate or statement showing or tending to show that an animal has been tested or examined and found not affected with tuber- culosis or glanders or other communicable disease unless the character of such test or examination is stated, and was made in a proper way, and that upon such test or examination such animal failed to give any evidence of such disease. § 109. Violations of rabies quarantine; release and violations impounding of dogs. If the commissioner shall quar- q Ua ran- eS antine any particular districts or territory for the pur- tines pose of stopping or preventing the spread of the disease known as rabies, and if any dog be found within the said quarantine district in violation of said quarantine or regulation, any person may catch or cause to be caught such dog and have him impounded or confined. If such dog is thereafter not found to be affected with the disease known as rabies, it may be released to the owner by the commissioner upon application to him and satisfactory proof of such fact. Upon receipt of such R e ieas© release the owner of such dog shall pay a penaltv of and * m " ° r j l « pounding ten dollars to the treasurer or chief officer of the city, of dogs if such district be located wholly within a city, and otherwise to the treasurer of the county in which such dog is impounded, and upon due proof of such payment shall be entitled to the possession of such dog. If ap- plication for such release be not made to the commis- sioner within three days after such dog is found to be affected, or if such penalty be not paid by the owner within three days after the receipt of such release, or if it is found impracticable after reasonable effort to catch and impound such dog which is within said quar- antine district in violation of such quarantine or regu- lation or to find the owner of a dog so impounded, then 394 The Public Health Manual any person may kill or cause to be killed such dog, and shall not be held liable for damages for such killing. shipping, § HO. Shipping, slaughtering and selling veal for slaughter- . , _ ing and iOOd. JNo person shall slaugher or expose for sale, or veai D ^or se ^ an y ca -^ or carcass of the same or any part thereof, food unless it is in good healthy condition. jSTo person shall sell or expose for sale any such calf or carcass of the same or any part thereof except the hide, unless it was, if killed, at least three weeks of age at the time of killing. 'No person or persons shall bring or cause to be brought into any city, town or village any calf or carcass of the same or any part thereof for the purpose of selling, offering or exposing the same for sale, un- less it is in a good healthy condition, and no person or persons shall bring any such calf or carcass of the same or any part thereof except the hide into any city, town or village for the purpose of selling, offering or exposing the same for sale, unless the calf is three weeks of age, or, if killed, was three weeks of age at the time of killing, provided, however, that the provisions of this section shall not apply to any calf or carcass of the same or any part thereof, which is slaughtered, sold, offered or exposed for sale, for any other purpose than food. Any person or persons exposing for sale, selling or shipping any calf or carcass of the same will be presumed to be so exposing, selling or shipping the said calf or carcass of the same for food. Any person or persons shipping any calf for the purpose of being raised, if the said calf is under three weeks of age, shall ship it in a crate, unless said calf is accompanied by its dam. Any person shipping calves under three weeks of age for fertilizer purposes must slaughter such calves before such shipping. Any person or persons duly authorized by the commissioner of agriculture may examine any calf or veal offered or exposed for sale or kept with any stock of goods apparently exposed for sale, and if such calf is under three weeks of age, or Agricultural Law 395 the veal is from a calf killed under three weeks of age, or from a calf in an unhealthy condition when killed, he may seize the same and cause it to be destroyed and disposed of in such manner as to make it impossible to be thereafter used for food. § 111. Shipping veal; receiving veal for shipment by shipping common carriers. It shall be unlawful for any corpora- veal tion, partnership, person or persons to ship to or from any part of this state any carcass or carcasses of a calf or calves or any part of such carcass except the hide, unless they shall attach to every carcass or part thereof so shipped, in a conspicuous place, a tag, that shall stay thereon during such transportation, stating the name or names of the person or persons who raised the calf, the name of the shipper, the place of shipping and the destination and the age of the calf. No person or persons shall mutilate or in any way disfigure such tag in such way as to conceal information given thereon or render the same illegible. No railroad company, express company; steamboat company or other common carrier shall carry or receive for transportation any carcass or carcasses of calves, or any part of the same except the hide, unless the said carcass or carcasses or part thereof shall be tagged as herein provided. § 112. Assistance of local officers in enforcing article. Assistance The commissioner may call upon the sheriff, under- officers 1 in sheriff or deputy sheriff in a county to carry out and enforcing enforce the provisions of any notice, order or regulation which it may make pursuant to this article, and every such officer shall obey every order and instruction re- ceived from him in the premises. The expense incurred by any such officer in carrying out and enforcing the provisions of such notice, order or regulation shall be a state charge, to be audited by the commissioner of agriculture and paid by the state treasurer on the war- rant of the comptroller in the same manner as other state charges are paid, notwithstanding the provisions J96 The Public Health Manual Commis- sioner and em- ployees peace officers Fines and penalties of any local or special act fixing or limiting the com- pensation or expenses payable by the county to its sheriff, under-sheriff or a deputy sheriff. If a city or part thereof be included in any notice, order, rule or regulation of the commissioner made under this article, the commissioner may call upon the commis- sioner of public safety or the police department of such city to enforce the same within the city or portion thereof affected; and the commissioner of public safety or police department shall obey every order or instruc- tion so made or issued ; and the expenses incurred there- for shall be a state charge. § 113. Commissioner and employees are peace officers. For the purpose of enforcing the provisions of this article, the commissioner, deputy commissioners and other officers and employees of the department shall be deemed peace officers and have all the rights and powers of peace officers. § 114. Fines and penalties. Any person violating, disobeying or disregarding the terms of any notice, rule, order or regulation issued or prescribed by the commis- sioner of agriculture or by any person duly authorized by the commissioner, under this article shall forfeit to the people of the state the sum of not less than fifty dollars nor more than one hundred dollars for every such violation. Any person violating any of the provisions of this article, or disobeying or disregarding the terms of any notice, rule, order or regulation issued or prescribed by the commissioner, or by any person duly authorized by the commissioner, under this article, shall be guilty of a misdemeanor and shall be fined not less than fifty or more than one hundred dollars for each separate offense or by imprisonment of not less than one month nor more than six months, or by both such fine and imprisonment; except that in the case of rabies he shall be fined not less than ten nor more than one hundred dollars for each offense or by imprisonment of not less than one month Cross-References 397 nor more than six months, or by both such fine and imprisonment. Any veterinarian violating any of the provisions of section one hundred and eight of this article, in addition to the penalties and fines prescribed in this article, shall forfeit his certificate to practice and thereafter be debarred from practicing his profession within the state of New York until such disability is legally removed. The penalties and fines provided in this article shall apply to violations of section one hundred and ten of this article, except that the minimum penalty for violations of such section shall be for the first viola- tion five dollars for each calf, and for the second viola- tion, ten dollars for each calf, and the minimum fine for first offense shall be five dollars, and for second offense ten dollars. ARTICLE VIII Sale, Adulteration or Misbranding of Food and Food Products Section 200. Prohibition as to adulterated or mis- branded food, 201. Definition of adulterated or misbranded food. 202. Penalties. 203. Guaranty established. BAKERIES Requirements and inspection. Labor Law, §§ 111-114. Sanitary certificates. Labor, § 115. Future cellar bakeries prohibited. Labor Law, § 116. Sanitary Code for Labor Law, § 117. No person with any com- municable disease to work in bakery. § 113-a. BARBERS AND BARBER SHOPS Sanitary Code, Chapter VII, Regulations 4 and 6, (pp. 356, 357). 398 The Public Health Manual BATHING ESTABLISHMENTS Regulating sanitary conditions of. Public Health Law, § 312, (p. 201). CALVES Slaughtering and sale. Agricultural Law, §§ 110-111, (p. 394). Keeping in village, regulated. Village Law, • § 90, subd. 30, (p. 568). CAMPS Cases of disease presumably communicable to be reported. Sanitary Code, Chapter II, Regulation 6, (p. 308). Labor Camps, permit required, rules and regulations. Sanitary Code, Chapter V, ( p. 347 ) . Treatment of tuberculosis, approval of site. Public Health Law, § 319, (p. 211). Military and naval declaration of health zones. iSan. Code, Chap. VII, Reg. 10, (p. 359). CEMETERIES Acquisition of lands for, and lot owners' rights. General Municipal Law, §§ 160-163. Procedure for removal of bodies when cemetery lands taken by con- demnation. Conservation Law, § 447. Removal of remains from one cemetery to another by religious corporation. Religious Corporations Law, § 9. CHILDREN Omitting to provide for — failure to report sore eyes of infant. Penal Law, § 482, ( p. 512 ) . Endanger- ing life or health. Penal Law, § 483. Employment in factories. Labor Law, §§ 70-7S, (p. 483). Employ- ment in mercantile establishments. Labor Law, §§ 160- 173, (p. 492). Selling liquor to. Liquor Tax La-w, § 29, ( p. 505 ) . Furnishing narcotics or tobacco to children. Penal Law, § 484, (p. 514). Boarding houses receiving children under twelve years of age. Sanitary Code, Chapter VIII, Regs. 1-3, (p. 360). Education of phys- ically defective. Education Law, § 1020. Education of Code of Criminal Procedure ' 399 children with retarded mental development. Education Law, §.578. Vaccination of school children. Public Health Law, §§ 310-311, (p. 199). Examination and quarantine of children admitted to institutions. Public Health Law, § 313, (p. 204). CHIROPODY Examination, registration and practice of Chiropo- dists. Public Health Law, §§ 271-282, ( p . 172). Sani- tary Code, Chap. VII, Reg. 5, 6, (p. 357). COLD STORAGE Regulation of. Public Health Law, §§ 335-339-d (p. 226). CODE OF CRIMINAL PROCEDURE § 887. Who are vagrants. The following persons are vagrants: * * * * * * . * * # * * 3. A person who has contracted an infectious or other disease, in the practice of drunkenness or debauch- ery, requiring charitable aid to restore him to health; 4. A person (a) who offers to commit prostitution; or (b) who otters to secure a female person for the pur- pose of prostitution, or for any other lewd or indecent act; or (c) who loiters in or near any thoroughfare or public or private place for the purpose of inducing, enticing or procuring another to commit lewdness, fornication, unlawful sexual intercourse or any other indecent act; or (d) who in any manner induces, en- tices or procures a person who is in any thoroughfare or public or private place, to commit any such acts; or (e) who is a common prostitute who has no lawful em- ployment whereby to maintain herself. ( Subd. amended by L. 1915, ch. 285, in effect Sept. 1, 1915.) 400 The Public Health Manual COMMUNICABLE DISEASES Regulations regarding. Sanitary Code, Chapter II (p. 304). CONSERVATION LAW (L. 1911, ch. 647, constituting chapter 65 of the Con- solidated Laws.) sanitary § 310. Sanitary inspection of shellfish grounds; can- inspection cellation of certificate; service of notice; report. grouJds lfiSh 1. (Sanitary inspection of shellfish grounds. It shall be the duty of the supervisor within one year from the passage of this act, or within such further time as it may require to complete the same and annually there- after, to cause to be inspected and examined by a competent bacteriologist, appointed by the commission, all shellfish grounds and other places within the state from which shellfish are taken, planted, cultivated or handled, with a view to ascertaining the sanitary condition of such shellfish grounds and other places, and the fitness of the shellfish in such places, or which may be taken therefrom, for use as articles of food, except that shellfish grounds used exclusively for the growing or cultivating of seed oysters shall not be sub- ject to the sanitary examination and inspection pro- vided for in part X. (Subdivision amended by L. 1913, ch. 796. Extraord. Sess.) canceiia- 2 - Cancellation of certificate. The Commission may, tion of cer- jf ft deems it necessary at any time, have the whole or any part of such lands and waters inspected or such places, and if the shellfish thereon or therein are found unfit for consumption, cause a certificate of inspection thereof, theretofore issued, to be cancelled on ten days' written notice to the holder, service of 3. Service of notice. Such notice shall be in writing notice an d shall be served on the person to whom the certifi- cate is issued, and may be served by delivering the same to him personally or by post by letter addressed Conservation Law 401 to the person on whom it is to be served at his last known place of residence and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the person is a corporation, notice shall be served by delivering the same or by sending it by post addressed to the office or principal place of business of such corporation. 4. Report. iSuch bacteriologist shall immediately Report after each examination and inspection make a report thereof to the supervisor of the sanitary condition of the various shellfish grounds and other places and their products inspected and examined by him. (Added by L. 1912, ch. 318, and amended by L, 1913, ch. 508.) § 311. Duties of state commissioner of health. For Duties of ,, j. ; . , . , . .. . state corn- the purpose of making such inspection, the commission mi SS ioner may request the state commissioner of health to desig- of health nate and assign, and it shall be the duty of the state commissioner of health, upon such application, to desig- nate and assign one or more sanitary inspectors who shall, under the direction of the supervisor of marine fisheries, visit such shellfish grounds and places, and ex- amine them, and the shellfish found thereon or therein, and immediately report to said supervisor the result of such examinations. (Added by L. 1912, ch. 318.) § 312. Record and certificate of inspection; fee; termination; revocation; transfer, notice of condition of public shellfish grounds. § 313. Prohibited sale of shellfish unless sanitary conditions be certified; certificate to be furnished. § 325. Polluting waters. Sludge acid or refuse from Polluting oil works, sugar houses or other manufactories, except waters refuse from the manufacture of oil from menhaden or other fish, sewage or any substance injurious to oyster culture or fish, shall not be placed or allowed to run into waters of the state in the marine district, and upon it appearing to the satisfaction of the supervisor 402 The Public Health Manual Approval Of public water supply plans that oyster beds or such waters have become polluted from one or more of these causes, it shall be his duty to cause complaint to be made in a criminal action against the person or persons so offending, and such person or persons so offending shall also be liable in damages to persons injured, in addition to the penal- ties hereinafter provided. (Added by L. 1912, ch. 318.) '§ 326. Garbage not to be thrown in certain waters. § 406. General powers of commission as to river improvements. § 407. Petition for river improvement. § 408. Determination upon petition for river improve- ment. § 409. Proceedings upon approval of petition for river improvement. § 447. Cemeteries. Provides procedure for removal of bodies when cemetery lands are taken by condemna- tion proceedings. § 520. General powers of commission in relation to water supply. § 521. Municipal corporations must submit maps and profiles of new or additional sources of water supply. No municipal corporation or other civil division of the state, and no board, commission or other body of or for any such municipal corporation or other civil division of the state shall, nor shall any person or waterworks corporation engaged in supplying or proposing to supply the inhabitants of any municipal corporation or other civil division of the state with water, after this chapter takes effect, have any power to acquire, or to take n water supply or an additional water supply, or to take or condemn lands for any new or additional sources of water supply, until such per- son, corporation or civil division has first submitted the maps, plans, and profiles therefor to the commission of conservation, as hereinafter provided, and until said commission shall have approved the same, or Conservation Law 403 approved the same with such modifications as it may determine to be necessary as hereafter provided. Approval shall not be necessary of any plans hereto- fore approved by the state water supply commission, or of any plans or work for a new or additional water supply or filtration plant authorized in pursuance thereof or in connection therewith, or of any plans or work for the extension of supply or distributing mains or pipes of a municipal water supply plant into and for the purpose of supplying water in any territory within the limits of the municipality owning such plant, including territory which has not been heretofore sup- plied with water by such plant. § 522. Petition for approval of plans for water sup- ply and proceedings thereupon. § 523. Approval of work. § 525. Sewage disposal as affecting potable waters, sewage . ,, ... . disposal as The commission shall report the present disposition of affecting sewage of each municipal corporation and other civil ^°^J® division of the state, and if necessary, of adjoining states, with special reference to said disposition affect- ing the various municipal corporations and other civil divisions of the state in relation to the water supply of this state. Said commission shall also report the advisability of, the time required for, and the expenses incident to the construction of a state system of water supply and for a state system for the. disposition of sewage, if necessary, for all or any of the municipal corporations and other civil divisions of this state, and make such recommendations connected with the subjects of said investigations herein provided for as said commission shall determine. In said investigation concerning either the water supply or disposition of sewage, said commission shall, so far as possible, make use of all reports and surveys in regard thereto which have heretofore been made. Wherever, by any pro- vision of law, the consent or approval of any state 404 The Public Health Manual board, officer or commission is required for the construc- tion of any sewage system or sewage disposal works, the further approval thereof by the conservation com- mission shall be required. |§ 530-539. ARTICLE IX-A Union water districts. CORONERS Conduct of inquest by. Code Criminal Procedure, §§ 773-790. Fees, County Law, § 94. Records of autopsies to be filed. Public Health Law, § 5-a ( p. 16 ) . Health officer to refer certain cases to coroner. Public Health Law, § 378 (p. 257). COUNTY LAW (L. 1909, ch. 16, constituting Chapter 11 of the Cons. Laws. ) § 12. General powers. The board of supervisors shall : Employees of county tuber- culosis hospitals excepted from juris- diction of board of super- visors 5. Have power to fix the amount and the time or manner of payment of the salary or compensation of any county officer or employee, except a judicial officer or an officer or employee of a county tuberculosis hospital and the term of office and mode of appointment, number and grade of any appointive county officer and of the clerks, assistants or employees in any county office, except an officer or employee of a county tuberculosis hospital, notwithstanding the provisions of any general or special law fixing the amount of such salary or com- pensation or the time or manner of payment thereof, or fixing the term of office or, providing for the mode of appointment, number or grade of any such county officer or of the clerks, assistants or employees in any county office, or vesting in any other board, body, commission or officer authority to fix such term of office, or the amount County Law 405 of such salary or compensation or the time or man- ner of payment thereof or to provide for the mode of appointment, number or grade of such officers or of the clerks, assistants or employees in any county office; and the power hereby vested in the board of supervisors shall be exclusive of any other board, body, commission or officer, except the authorities of a county tuberculosis hospital, notwithstanding any general or special law. The salary or compensation of an officer or employee elected or appointed for a definite term shall not be increased or diminished dur- ing such term. (Am'd hj L. 1911, ch. 359, L. 1913, eh. 742 and L. 1914, ch. 358, in effect April 15, 1914.) § 43. Board may establish county laboratory. The f™ ntv t board of supervisors of any county shall have the power, by the vote of a majority of said board, to establish a county laboratory and to appoint a. thoroughly trained and competent county bacteriol- ogist to have charge of such laboratory, and such assistants as may be required. § 44. Compensation and removal of bacteriologist compensa- . tion and and assistants. Such board of supervisors shall have, removal by like vote, power to fix the compensation of such terioiogist county bacteriologist and to remove him from office; ancl fix the compensation of such assistants and remove them from office ; also to provide any necessary supplies, equipments, and samples not otherwise provided. Such board of supervisors may from time to time make such rules and regulations concerning the duties and liabilities of such officers as said board may deem for the best interests of the county. Provided that the board of supervisors of any county having no county bacteriologist may, and such board is hereby author- ized and empowered to make a contract with a county having such county bacteriologist and county labora- tory, or with a city having a city bacteriologist and city laboratory, for the performance of such services as 406 The Public Health Manual County- tuber- culosis hospitals counties 35,000 or more of Contract with ad- joining county 'or private sanato- rium or joint with one or more counties Establish- ment by- state com- missioner of health said board may deem necessary in the interests of pub- lic health. § 45. Establishment of county hospitals for tuber- culosis,. The board of supervisors of every county in the state containing a population of thirty-five thousand or more, as determined by the latest state census, shall establish, as hereinafter provided, a county hospital for the care and treatment of persons suffering from the disease known as tuberculosis, unless there already exists in such county a hospital or institution provided by the county or other authority and caring for persons suffering from tuberculosis, which is approved by the state commissioner of health, or the board of super- visors of such county shall enter into a contract prior to November first, nineteen hundred and eighteen, for the care of its tuberculosis patients with an adjoining county having such county hospital or with a private sanatorium within its county or shall join with one or more other counties in the establishment and main- tenance of such county hospital as hereinafter pro- vided. iSuch county hospital, except a hospital estab- lished and maintained by two or more counties, shall be available for patients on or before the first day of July, nineteen hundred and eighteen. If the board of supervisors of any such county shall have failed to secure a site for a county tuberculosis hospital, and to have awarded contracts for the erection of suitable buildings thereon by the first day of January, nineteen hundred and eighteen, it shall be the duty of the state commissioner of health forthwith to proceed to locate, construct and place in operation a tuberculosis hospital in and for such county, the capacity of which shall not exceed the average number of deaths per annum from tuberculosis in such county during the past five years. For such purposes the state commissioner of health shall possess, and it shall be his duty to exercise all the powers which would have been possessed by the board County Law 407 of supervisors of such county, had such hospital been established and placed in operation by the board of supervisors thereof. All expenditures incurred by the Expendi- state commissioner of health for and in connection with tures the location, construction and operation of such hospi- tal, shall be a charge upon the county, and provision shall be made for the payment therefor by the board of supervisors of such county in the same manner as in the case of other charges against the county. At any time Appoint- after such hospital has been in operation, the board of ™®"* ° f t supervisors in such county may appoint a board of managers managers for such hospital, pursuant to the provisions of this act and thirty days after the appointment of such board of managers by such board of supervisors, such hospital shall be transferred to such board of managers, and such board of managers shall there- after possess and exercise all the powers of the board of managers of a county hospital for tuberculosis under this act, and the state commissioner of health shall be relieved from any responsibility therefor except such responsibility as he exercises in regard to all county tuberculosis hospitals under the provisions of this act. When deemed advisable by the board of supervisors Two or and approved by the state commissioner of health, any j^°^ tal such county may maintain more than one county hospital for the care and treatment of persons suffering from tuber- culosis. The board of supervisors of any other county Estabiish- shall have power by a majority vote to establish a county counties hospital for the care and treatment of persons suffering less than from the disease known as tuberculosis; or it may sub- mit the question of establishing such a hospital to the voters of the county at any general election, and in Referen- any county in which town meetings at which all the um voters of the county may vote are held in the spring of the year, the board of supervisors of such a county shall have authority also to submit the question of establish- The Public Health Manual ing such a hospital at said town meetings to the electors of the county who are qualified to vote at a general election. The board of supervisors shall fix the sum of money deemed necessary for the establishment of said hospital. The form of the proposition submitted shall read as follows : " Shall the county of appropriate the sum of dollars for the estab- lishment of a tuberculosis hospital ? " The clerk of the board of supervisors, immediately upon the adoption of such resolution, shall forward to the duly consti- tuted election authorities of the county a certified copy of said resolution providing for the submission of the proposition. The election notices shall state that the proposition will be voted upon and in the form set forth above. Such proposition shall be submitted on a distinct and separate ballot without any other question being printed thereon, any general or special law to the con- trary notwithstanding. Provision for taking such vote and for the canvassing and returning of the result shall be made by the duly constituted election authorities. If a majority of the voters voting on such proposi- tion shall vote in favor thereof then such hospital shall be established hereunder and the sum of money named in the said proposition shall be deemed appropriated, and it shall be the duty of the board of supervisors to proceed forthwith to exercise the powers and authority conferred upon it in this section. When the board of supervisors of any county shall have voted to establish such hospital, or when a ref- erendum on the proposition of establishing such a hospi- tal in a county, as authorized above, shall have been carried, the board of supervisors shall: 1. Purchase or lease real property therefor, or acquire such real property, and easements therein, by condemnation proceedings, in the manner prescribed by the condemnation law, in any town, city or village County Law 409 in the county. After the presentation of the petition in such proceeding prescribed in section three thousand three hundred and sixty of the code of civil procedure and the filing of the notice of pendency of action pre- scribed in section three thousand three hundred and eighty-one thereof, said board of supervisors shall be and become seized of the whole or such part of the real property described in said petition to be so acquired for carrying into effect the provisions of this act, as such board may, by resolution adopted at a regular or special session, determine to be necessary for the im- mediate use, and such board for and in the name of such county may enter upon, occupy and use such real property so described and required for such purposes. Such resolution shall contain a description of the real property of which possession is to be taken and the day upon which possession will be taken. Said board of supervisors shall cause a copy of such resolution to be filed in the county clerk's office of the county in which such property is situate, and notice of the adop- tion thereof, with a copy of the resolution and of its intention to take possession of the premises therein described on a day certain, also therein named, to be served, either personally or by mail, upon the owner or owners of, and persons interested in such real prop- erty, at least five days prior to the day fixed in such resolution for taking possession. From the time of the service of such notice, the entry upon and appropri- ation by the county of the real property therein de- scribed for the purposes provided for by this act, shall be deemed complete, and such notice so served shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the lands appro- priated. The board of supervisors may cause a dupli- cate copy of such papers so served, with an affidavit of due service thereof on such owner or person inter- ested, to be recorded in the books used for recording 410 Erection of buildings, approval of plans for buildings and equip- ment Taxes The Public Health Manual deeds in the office of the county clerk" of its county and the record of such notice and such proof of service shall be prima facie evidence of the due service there- of. Compensation for property thus acquired shall be made in such condemnation proceedings. 2. Erect all necessary buildings and alter any build- ings, on the property when acquired for the use of said hospital, provided that the location of the buildings and he plans and such part of the specifications as shall be required by the state commissioner of health for such erection or alteration together with the initial equipment shall first be approved by the state com Plans shall also be first approved by the state com- r a nr\°l health ^ thG «tate "commissionei Tf health a ,d his duly authorized representatives shall have the power to inspect such county hospitals during the course of their construction for the purpose f seeing that such plans are complied with, "(A^d £ U 1913, ch. 279, in effect April 28, 1913 ) 3. Cause to be assessed, levied and collected such ZE °h ^° ney ^ * ShaH dGem neCessar F for stable lands buildings and improvements for said hospital, and for the maintenance thereof, and for all other necessary expenditures therefor; and to borrow money of\ H T 110 ? ° f SUCh h ° Spital and f0r the P^hase iLf \r ^ ° n the Credit ° f the count ^ and iBBue county obligations therefor, in such manner as it may do for other county purposes. ii^glf of ffianagers for 8aid **& » 3. Accept and hold in trust for the county, any grant or devise of land, or any gift or bequest of money or other personal property, or any donation to be^appl.ed, principal or income, or both, for the benefit •ASS&SZjiSh&JSi P ' S27 ' ***** « ° f P*on- m ad. County Law 411 of said hospital, and apply the same in accordance with the terms of the gift. 6. Whenever it shall deem it in the public interest Change C f so to do, and notwithstanding the provisions of any i° cation other general or special act, change the location of such hospital and acquire a new site by purchase, lease or condemnation, as provided in this section, and establish the hospital thereon. The board of super- visors of any county of the state, including a county in which the provisions of this chapter are not manda- tory, subject to the approval of the state commis- sioner of health, may enter into a contract prior to November first, nineteen hundred and eighteen, for the contract care of its tuberculosis patients with the board of ^jo^ng supervisors of an adjoining county having such county county, or . , . private hospital or with a private sanatorium withm its sanita- county, or may, subject to like approval, jointly with rmm the boards or supervisors of one or more other adjoin- ing counties, establish prior to November first, nineteen hundred and eighteen, and thereafter maintain such county hospital. In the establishment and mainte- nance of such joint county hospital, the boards of super- visors so uniting, in accordance with such rules and regulations as may be prescribed by the state commis- sioner of health, shall have jointly, except as provided in this section, all the power and authority conferred and obligations imposed upon boards of supervisors by this chapter for the establishment and maintenance of such county hospital in a single county and, for that purpose, each board of supervisors in such county shall appoint severally three of its members, who col- lectively shall be a commission, to select a site for such commis- joint county hospital in any town, city or village in one seiectiorT of such counties and, when the necessary real property of joint so selected by such commission shall have been acquired, hospital purchased or leased as herein provided, to erect all necessary buildings, and alter any buildings, on such 412 The Public Health Manual Joiut property for the use of such joint hospital. Such hospital commission shall have all the powers and duties con- ferred or imposed upon boards of supervisors by sections forty-five to forty-nine inclusive of this chapter, except as in this section expressly otherwise provided. Every such joint county hospital shall be completed and ready for occupancy prior to July first, Board of nineteen hundred and nineteen. When completed, each managers board of supervisors in such counties shall appoint hospital severally three citizens of its county, of whom at least one shall be a practicing physician, who collectively shall constitute a board of managers of such joint county hospital and shall exercise the functions and powers granted and be subject, so far as practicable, to the provisions of this chapter applicable to boards of managers of a county hospital established under this chapter in a single county and said board of managers Nurse fo:- shall appoint at least one nurse in each county for the discovery, visitation and care of persons affected with tuberculosis and may appoint such additional nurse or nurses as it may deem necessary. The representation and voting power of each manager in such joint board shall be upon the basis and at the rate of one vote for each one thousand and major fraction of the population of the county from which such manager shall be chosen as determined by the latest state census. The superin- tendent appointed by such board shall have the powers and perform the duties which are prescribed in this chapter for superintendents of hospitals in a single county and the other employees of such board shall Expense perform such duties as the board shall prescribe. The expense of the establishment and maintenance of a joint county hospital as herein provided shall be paid by such counties in proportion to the assessed value of the taxable property of each such county as it appears by the assessment rolls of such counties on the last assessment for state or county taxes prior to the each county estab lishment County Law 413 incurring of such expense and the board of supervisors of each county so combining, is hereby authorized to borrow money to defray its share, estimated as herein Borrow- provided, for the erection of such hospital and for the purchase of a site therefor on the credit of the county and issue county obligations therefor in such manner as it may do for other county purposes. All provisions of sections forty-five to forty-nine inclusive of this chapter not in conflict with the provisions of this section shall apply to such joint hospital, its establishment, maintenance and operation, except that for the purpose of the admission of patients to such hospital each of the counties so combining shall be con- sidered the county in which the hospital is situated. (Added by L. 1915, ch. 427, am'd by L. 1918, ch. 268, in effect April 19, 1918.) § 2. The amendments made by this act shall not apply to counties in which a site for a tuberculosis hospital has been selected by any county and a petition for the approval of such site has been presented to the state board of health pursuant to the provisions of this chapter. (Section added by L. 1909, ch. 341, am'd by L. 1913, chs. 166, 379; L. 1914, ch. 323; L. 1915, chs. 132, 427; L. 1917, ch. 469, and L. 1918, ch. 268, in effect April 19, 1918.) § 46. Appointment and terms of office of managers. Board of When the board of supervisors shall have determined managers to establish a hospital for the care and treatment of persons suffering from tuberculosis, and shall have ac- quired a site therefor, and shall have awarded contracts for the necessary buildings and improvements thereon, it shall appoint five citizens of the county, of whom at least two shall be practicing physicians, who shall constitute a board of managers of the said' hospital. The term of office of each member of said board shall be five years, and the term of one of such managers 414 The Public Health Manual shall expire annually; the first appointments shall be made for the respective terms of five, four, three, two and one years. Appointments of successors shall be for the full term of five years, except that appointment of persons to fill vacancies occurring by death, resigna- tion or other cause shall be made for the unexpired term. Failure of any manager to attend three con- secutive meetings of the board shall cause a vacancy in his office, unless said absence is excused by formal action of the board of managers. The managers shall receive no compensation for their services, but shall be allowed their actual and necessary traveling and other expenses, to be audited and paid, in the same manner as the other expenses of the hospital, by the board of supervisors. Any manager may at any time be re- Removal moved from office by the board of supervisors of the of manager coun t Vj f or cause after an opportunity to be heard. (Added by L. 1909, ch. 341.) FuDerin- § 47 '. General powers and duties of managers. The tendcnt board of managers : 1. Shall elect from among its mem- of hospital & f bers, a president and one or more vice-presidents. It shall appoint a superintendent of the hospital who shall be also the treasurer and secretary of the board, and Removal it may remove him for cause stated in writing and or sus- after an opportunity to be heard thereon after due no- pension rr ^ tice; and may suspend him from duty pending the dis- Quaiifica- position of such charges. Said superintendent shall not tions De a memD er of the board of managers, and, except in the county of Monroe, shall be a graduate of an incorporated medical college, with an experience of at least three years in the actual practice of his profession. (Subd. am'd by L. 1915, ch. 132, and L. 1917, ch. 701, in effect June 1, 1917.) a , , 2. Shall fix the salaries of the superintendent and all Salaries r other officers and employees within the limits of the appropriation made therefor by the board of super- County Law 415 visors, and such salaries shall be compensation in full for all services rendered. The board of managers shall determine the amount of- time required to be spent at the hospital by said superintendent in the discharge of his duties. 3. Shall have the general superintendence, manage- ment and control of the said hospital, of the grounds, buildings, officers and employees thereof; of the inmates therein, and of all matters relating to the government, discipline, contracts, and fiscal concerns thereof; and make such rules and regulations as may seem to them Rules and necessary for carrying out the purposes of such hospital. [f S n S a 4. Shall maintain an effective inspection of said hos- inspec- pital, and keep itself informed of the affairs and man- tl0U agement thereof; shall meet at the hospital at least Meetings once in every month, and at such other times as may of boarl be prescribed in the by-laws; and shall hold its annual Annual meeting at least three weeks prior to the meeting of me a the board of supervisors at which appropriations for the ensuing year are to be considered. 5. Shall keep in a book provided for that purpose, a Record of proper record of its proceedings which shall be open \^ c s ee at all times to the inspection of its members, to the members of the board of supervisors of the county, and to duly authorized representatives of the state board of charities. 6. Shall certifv all bills and accounts including sal- Certify to J . ••>•; board of aries and wages and transmit them to the board of super- supervisors of the county, who shall provide for their payment in the same manner as other charges against the county are paid. The board of supervisors of a county not having a purchasing agent or auditing com- mission may make an appropriation for the maintenance of such hospital and direct the county treasurer to pay all bills, accounts, salaries and wages which are approved by the board of managers, within the amount of such appropriation, subject to such regulations as 416 The Public Health Manual Annual report to super- visors Esti- mates of appropri- ations Addi- tional buildings and improve- ments Approval by state commis- sioner of health Inspection during construc- tion Nurses for dis- covery and examina- tion of suspected cases to the payment and audit thereof as the board of super- visors may deem proper. (Siibd. am'd by L. 1913, ch. 40.) 7. Shall make to the board of supervisors of the county annually, at such time as said supervisors shall direct, a detailed report of the operations of the hos- pital during the year, the number of patients received, the methods and results of their treatment, together with suitable recommendations and such other matter as may be required of them, and full and detailed esti- mates of the appropriations required during the ensuing year for all purposes including maintenance, the erec- tion of buildings, repairs, renewals, extensions, im- provements, betterments or other necessary purposes. 8. Shall notwithstanding any other general or special law erect all additional buildings found necessary after the hospital has been placed in operation and make all necessary improvements and repairs within the limits of the appropriations made therefor by the board of supervisors, provided that the location of the build- ings and the plans and such part of the specifications as shall be required by the state commissioner of health for such additional buildings, improvements or repairs shall first be approved by the state commissioner of health. Any change in such location or plans shall also be first approved by the state commissioner of health and the state commisioner of health and his duly author- ized representatives shall have the power to inspect such county hospitals during the course of the con- struction of such additional building for the purpose of seeing that such plans are complied with. (Subd. added by L. 1913, ch. 379, am'd by L. 1917, ch. 469, in effect May 15, 1917.) 9. Shall employ a county nurse, or an additional nurse or nurses if it deems necessary, for the discovery of tuberculosis cases and for the visita- tion of such cases and of patients discharged County Law 417 from the hospital and for such other duties as may seem appropriate; and shall cause to be examined by the superintendent or one of his medical staff suspected cases of tuberculosis reported to it by the county nurse, or nurses, or by physicians, teachers, employers, heads of families or others; and it may take such other steps for the care, treatment and prevention of tuberculosis as it may from time to time deem wise. In cases, how- ever, where it is not mandatory to establish a county tuberculosis hospital and no board of managers has been provided, the board of supervisors shall have the Supervis- power to appoint and employ such nurse or additional appoint nurse or nurses, and appointments heretofore made by nurses boards of supervisors in such cases are hereby ratified, confirmed and legalized. (Subd. added by L. 1914, ch. 323, arn'd by L. 1917, ch. 469, and L. 1918, ch. 284, in effect April 19, 1918.) § 48. General powers and duties of superintendent, superin- The superintendent shall be the chief executive officer the execu- of the hospital and subject to the by-laws, rules o^ho?^ and regulations thereof, and to the powers of the board pitai of managers: 1. Shall equip the hospital with all necessary fur- Equip- niture, appliances, fixtures and other needed facilities for the care and treatment of patients and for the use of officers and employees thereof, and shall in counties where there is no purchasing agent purchase all neces- sary supplies.f 2. Shall have general supervision and control of the General ° r super- records, accounts, and buildings of the hospital and vision and all internal affairs, and maintain discipline therein, and hospital enforce compliance with, and obedience to all rules, by-laws and regulations adopted by the board of man- agers for the government, discipline and management tSee Prison Law, § 182, p. 527, requiring use of prison-made articles for county institutions 14 418 The Public Health Manual Appoint and dis- charge employees Records and accounts Admission of patients of said hospital, and the employees and inmates thereof. He shall make such further rules, regulations and orders as he may deem necessary, not inconsistent with law, or with the rules, regulations and directions of the board of managers. 3. Shall appoint such resident officers and such em- ployees as he may think proper and necessary for the efficient performance of the business of the hospital, and prescribe their duties; and for cause stated in writing, after an opportunity to be heard, discharge any such officer or employee at his discretion. 4. Shall cause proper accounts and records of the business and operations of the hospitals to be kept regularly from day to day, in books and on records provided for that purpose; and see that such accounts and records are correctly made up for the annual report to the board of supervisors, as required by subdivision seven of section forty-seven of this chapter, and present the same to the board of managers, who shall incor- porate them in their report to the said supervisors. 5. Shall receive into the hospital in the order of application any person found to be suffering from tuberculosis in any form who is entitled to admission thereto under the provisions of this chapter, excepting that if at any time there be more applications for admis- sion to said hospital than there are vacant beds therein, said superintendent shall give preference in the admis- sion of patients to those who in his judgment, after an inquiry as to the facts and circumstances, are more likely to infect members of their households and others, in each instance signing and placing among the per- manent records of the hospital a statement of the facts and circumstances upon which he bases his judgment as to the likelihood of transmitting infection, and reporting each instance at the next meeting of the board of managers; and shall also receive persons from other counties as hereinafter provided. Said superin- County Law 419 tendent shall cause to be kept proper accounts and records of the admission of all patients, their name, age, sex, color, marital condition, residence, occupation and place of last employment. (Subd. added by L. 1909, ch. 341, am'd by L. 1912, chs. 149 and 239, L. 1913, ch. 379, and L. 1915, ch. 132.) 6. Shall cause a careful examination to be made of Examma- the physical condition of all persons admitted to the treatment hospital and provide for the treatment of each such c ' f patients patient according to his need; and shall cause a record to be kept of the condition of each patient when ad- mitted, and from time to time thereafter. 7. Shall discharge from said hospital any patient who Discharge shall wilfully or habitually violate the rules thereof; patients or who is found not to have tuberculosis; or who is found to have recovered therefrom; or who for any other reason is no longer a suitable patient for treat- ment therein; and shall make a full report thereof at the next meeting of the board of managers. 8. Shall collect and receive all moneys due the hos- collection pital, keep an accurate account of the same, report the same at the monthly meeting of the board of managers, and transmit the same to the treasurer of the county within ten days after such meeting. 9. Shall before entering upon the discharge of his superin- ° x X £ tendent to duties, give a bond in such sum as the board of man- g i ve bond agers may determine, to secure the faithful performance of such duties. (Subd. added by L, 1909, ch. 341.) 10.. May attend such courses in the diagnosis and ^^jj" treatment of tuberculosis and in hospital administra- may tion at the state hospital for the treatment of incipient courses pulmonary tuberculosis at Eaybrook as may be estab- ^ oo ^ ay " lished and which he may be authorized to attend by the board of managers of his hospital. The necessary ex- ^county penses in traveling to and from the said state hospital charge for the treatment of incipient pulmonary tuberculosis at Raybrook for the purpose of taking such courses shall 420 The Public Health Manual Admission of patients from county in which be a county charge. (Subd. added by L. 1917, ch. 469, in effect May 15, 1917.) (Section added by L. 1909, ch. 341, am'd by L. 1912, chs. 149, 239, L. 1913, ch. 379, L. 1915, ch. 132, and L. 1917, ch. 469, in effect May 15, 1917.) § 49. Admission of patients from county in which hospital is situated.* Any resident of the county in which the hospital is situated desiring treatment in hospital is such hospital, may apply in person to the superintend- ent or to any reputable physician for examination, and such physician, if he find that said 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 hospital, and shall be forwarded by the superintendent thereof gratuitously to any reputable physician in the county, upon request. So far as practicable, appli- cations for admission to the hospital shall be made upon such forms. The superintendent of the hospital, upon the receipt of such application, if it appears there- from that the patient is suffering from tuberculosis, and if there be a vacancy in the said hospital, shall notify the person named in such application to appear in person at the hospital. If, upon personal exami- nation of such patient, or of any patient applying in person for admission, the superintendent is satisfied that such person is suffering from tuberculosis, he shall admit him to the hospital as a patient. All such ap- plications shall state whether, in the judgment of the physician, the person is able to pay in whole or in part for his care and treatment while at the hospital; and every application shall be filed and recorded in a book kept for that purpose in the order of their receipt. When said hospital is completed and ready for the treatment of patients, or whenever thereafter there are * See State Charities Law, § 157, subd. 10, p. 527 County Law 421 vacancies therein, admissions to said hospital shall be made in the order in which the names of applicants shall appear upon the application book to be kept as above provided, in so far as such applicants are cer- tified to by the superintendent to be suffering from tuberculosis. No discrimination shall be made in the accommodation, care or treatment of any patient be- cause of the fact that the patient or his relatives con- tribute to the cost of his maintenance in whole or in part, and no patient shall be permitted to pay for his maintenance in such hospital a greater sum than the average per capita cost of maintenance therein, in- cluding a reasonable allowance for the interest on the cost of the hospital; and no officer or employee of such hospital shall accept from any patient thereof any fee, payment or gratuity whatsoever for his services. (Added by L. 1909, ch. 341.) § 49-a Maintenance of patients in the county in Malnten . which hospital is situated. Wherever a patient has been a ^? ent ° s f in admitted to said hospital from the county in which the county in hospital is situated, the superintendent shall cause such J^"} 1 ^ ia inquiry to be made as he may deem necessary, as to his situated circumstances, and of the relatives of such patient legally liable for his support. If he find that such, patient, or said relatives are able to pay for his care and treatment in whole or in part, an order shall be made directing 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 actual per capita cost of maintenance. The superinten- dent shall have the same power and authority to collect such sum from the estate of the patient, or his relatives legally liable, for his support, as is possessed by an overseer of the poor in like circumstances. If the superintendent find that such patient, or said relatives are not able to pay, either in whole or in part, for his 422 The Public Health Manual Mainte- nance of indigent patients, county charge (see § 30 Poor Law) Indigent patient who has not acquired settlement in county (see §§ 40- 42 Poor Law) Admission of patients from counties not having hospital Applica- tion to superin- tendent of poor care and treatment in such hospital, the same shall become a charge upon the county. When any indigent patient shall have been admitted to any such hospital as a resident of the county in which the hospital is located, and it shall be found that such patient has not acquired a settlement within such county under the provisions of the poor law, the superintendent of such hospital shall collect from the county in which such patient has a settlement the cost of his maintenance in such hospital, or may in his discretion return such patient to the locality in which he has a settlement. (Added by L. 1909, ch. 341, amended by L. 1912, chs. 149 and 239, and L. 1913, ch. 379.) § 49-b Admission of patients from counties not hav- ing a hospital. In any county not having a county hospital for the care and treatment of persons suffering from tuberculosis, a county superintendent of the poor, upon the receipt of the application and certificate hereinafter provided for, shall apply to the superinten- dent of any such hospital established by any other county, for the admission of such patient. Any person residing in a county in which there is no such hospital, who desires to receive treatment in such a hospital, may apply therefor in writing to the superintendent of the poor of the county in which he resides on a blank to be provided by said superintendent for that purpose, submitting with such application a written certificate signed by a reputable physician on a blank to be pro- vided by the superintendent of the poor for such pur- pose, stating that such physician has, within the ten days then next preceding, examined such person, and that, in his judgment, such person is suffering from tuberculosis. The superintendent of the poor, on receipt of such application and certificate, shall forward the same to the superintendent of any hospital for the care and treatment of tuberculosis. If such patient be accepted by such hospital, the superintendent of the County Law 423 poor shall provide for his transportation thereto, and Transpor- ter his maintenance therein at a rate to be fixed as here- n ^!nte- and inafter provided. (Added by L. 1909 ! , ch. 341, amended nance by L. 1917, ch. 469, in effect May 15, 1917.) § 49-c. Maintenance of patients from counties not Mainte- having a hospital. Whenever the superintendent of such p a ° ients a county hospital, shall receive from a superintendent of from .,*■■, . counties the poor of any other county an application for the ad- not having mission of a patient, if it appear from such application a " ospi a that the person therein referred to is suffering from tuberculosis, the superintendent shall notify said per- son to appear in person at the hospital, provided there be a vacancy in such hospital and there be no pending application from a patient residing in the county in which the hospital is located. If, upon per- sonal examination of the patient, the superintendent is satisfied that such patient is suffering from tuberculosis, he shall admit him to the hospital. Every patient so %Mainte . admitted shall be a charge against the county sending nanc e ' j charge such patient, at a rate to be fixed by the board of upon managers, which shall not exceed the per capita cost county of maintenance therein, including a reasonable allow- ance for interest on the costs of the hospital; and the bill therefor shall, when verified by the superintendent of the poor of the county from which said patient was sent, be audited and paid by the board of supervisors of the said county. The said superintendent of the poor shall cause an investigation to be made into the circumstances of such patient, and of his relatives legally liable for his support, and shall have the same authority as an overseer of the poor in like circum- stances to collect therefrom, in whole or in part, ac- cording to their financial ability, the cost of the main- tenance of such person in said hospital. (Added by L. 1909, Ch. 341.) • Visitation and m- § 49-d. Visitation and inspection. The resident officer spection by i gers of the hospital shall admit the managers into every 424 The Public Health Manual Right of inspection by State Board of Charities, State De- partment of Health, State Charities Aid Asso- ciation and board of super- visors Hospitals at alms- houses Hospital not to be erected upon grounds of an almshouse part of the hospital and the premises and give them access on demand to all books, papers, accounts and records pertaining to the hospital and shall furnish copies, abstracts and reports whenever required by them. All hospitals established or maintained under the provisions of sections forty-five to forty-nine-e, inclusive, of this chapter, shall be subject to inspec- tion by any duly authorized representative of the state board of charities, of the state department of health, of the state charities aid association and of the board of supervisors of the county; and the resident officers shall admit such representatives into every part of the hospital and its buildings, and give them access on demand to all records, reports, books, papers and accounts pertaining to the hospital. (Added by L. 1909, ch. 341.) § 49-e. Hospitals at almshouses. Wherever a hospital ' for the care and treatment of persons suffering from tuberculosis exists in connection with, or on the grounds of a county almshouse, the board of super- visors may, after sections forty-five to forty-nine-e of this chapter take effect, appoint a board of managers for such hospital and such hospital, and its board of managers, shall thereafter be subject to all the provisions of this act, in like manner as if it had been originally established hereunder. Any hospital for the care and treatment of tuberculosis which may here- after be established by any board of supervisors shall be subject to all the provisions of said sections. Xo hospital authorized under the provisions of this chapter shall hereafter be located on the grounds of an alms- house. (Added by L. 1909, ch. 341, am'd by L. 1913, ch. 379.) ARTICLE X § 191. Coroners' salaries. Board of supervisors may prescribe a salary for coroners in county instead of fees. § 192. Fees of coroners. Domestic Relations Law 425 DISPENSARIES Defined. State Charities Law, § 350. Licensing, State Charities Law, §§ 290-293. DOMESTIC RELATIONS LAW (L. 1909, ch. 19, constituting ch. 14 of Cons. Laws) ARTICLE II Marriages Section 5. Incestuous and void marriages. 6. Void marriages. 7. Voidable marriages. 8. Marriage after divorce for adultery. § 5. Incestuous and void marriages. A marriage is incestuous and void whether the relatives are legiti- and void mate or illegitimate between either: 1. An ancestor and a descendant. 2. A brother and sister of either the whole or the half blood. 3. An uncle and niece or an aunt and nephew. If a marriage prohibited by the foregoing provisions of this section be solemnized it shall be void, and the parties thereto shall each be fined not less than fifty nor more than one hundred dollars and may, in the discretion of the court in addition to said fine, be imprisoned for a term not exceeding six months. Any person who shall knowingly and wilfully solemnize such marriage or procure or aid in the solemnization of the same, shall be deemed guilty of a misdemeanor and shall be fined or imprisoned in like manner. § 6. Void marriages. A marriage is absolutely void V oid if contracted by a person whose husband or wife by a marnag8S ' former marriage is living, unless either: 1. Such former marriage has been annulled or has been dissolved for a cause other than the adultery of such person; provided, that if such former marriage 426 The Public Health Manual Voidable marriages Marriage after divorce for adultery has been dissolved for the cause of the adultery of such person, he or she may marry again in the cases provided for in section eight of this chapter and such subsequent marriage shall be valid; 2. Such former husband or wife has been finally sen- tenced to imprisonment for life; 3. Such former husband or wife has absented him- self or herself for five successive years then last past without being known to such person to be living dur- ing that time. (Amended by L. 1915, ch. 266.) § 7. Voidable marriages. A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto: 1. Is under the age of legal consent, which is eigh- teen years; 2. Is incapable of consenting to a marriage for want of understanding; 3. Is incapable of entering into the married state from physical cause; 4. Consents to such marriage by reason of force, duress or fraud; 5. Has a husband or a wife by a former marriage living, and such former husband or wife has absented himself or herself for five successive years then last- past without being known to such party to be living during that time. Actions to annul a void or voidable marriage may be brought only as provided in the code of civil procedure. § 8. Marriage after divorce for adultery. Whenever a marriage has been or shall be dissolved, the com- plainant may marry again during the lifetime of the defendant. But a defendant for whose adultery the judgment of divorce has been granted in this state may not marry again during the lifetime of the com- plainant, unless the court in which the judgment of divorce was rendered shall in that respect modify such judgment, which modification shall be made only upon Domestic Relations Law 42' satisfactory proof that five years have elapsed since the decree of divorce was rendered, and that the con- duct of the defendant since the dissolution of said marriage has been uniformly good; and a defendant for whose adultery the judgment of divorce has been rendered in another state or country may not marry again in this state during the lifetime of the com- plainant unless five years have elapsed since the ren- dition of such judgment and there is no legal im- pediment, by reason of such judgment, to such mar- riage in the state or country where the judgment was rendered. But this section shall not prevent the remarriage of the parties to an action for divorce. (Amended by L. 1915, ch. 266, in effect April 12, 1915.) ARTICLE III Solemnization, proof and. effect of marriages Section 10. Marriage a civil contract. 11. By whom a marriage must be solemnized. 11 -a. Duty of city clerk in certain cities of the first class. 12. Marriage, how solemnized. 13. Marriage licenses. 14. Town and city clerks to issue marriage licenses; form. 15. Duty of town and city clerks. 16. False statements and affidavits. 17. Clergyman or officer violating article; penalty. 18. Clergyman or officer, when protected. 19. Records to be kept by town and city clerks. 20. Records to kept by the county clerk. 21. Forms and books to be furnished. 22. Penalty for violation. 23. Presumptive evidence. 24. Effect of marriage of parents of illegitimates. 25. License, when to be obtained. 428 The Public Health Manual Marriage a civil contract By whom marriage solem- nized § 10. Marriage a civil contract. Marriage, so far as its validity in law is concerned, continues to be a civii contract, to which the consent of the parties capable in law of making a contract is essential. § 11. By whom a marriage must be solemnized. The marriage must be solemnized by either: 1. A clergyman or minister of any religion, or by the leader, or any of the three assistant leaders, of the Society for Ethical Culture in the city of New York, having its principal office in the borough of Manhattan, or by the leader of the Society for Ethical Culture in. the borough of Brooklyn of the city of New York; 2. A mayor, recorder, city magistrate, police justice or police magistrate of a city, or the city clerk of a city of the first class of over one million inhabitants or any of his deputies or a regular clerk designated by him for such purpose, as provided in section eleven-a of this chapter, except ' that in cities which contain more than one hundred thousand and less than one million inhabitants, a marriage shall be solemnized by the mayor, or police justice, and by no other officer of such city, except as provided in subdivisions one and three of this section. (Subd. amended by L. 1916, ch. 524 and L. 1918, ch. 629, in effect May 11, 1918.) 3. A justice or judge of a court of record, or of a mu- nicipal court, a police justice of a village, or a justice of the peace; except that justices of the peace in cities which contain more than one hundred thousand and less than one million inhabitants, shall have no power to solemnize marriages; or, 4. A written contract of marriage signed by both parties and at least two witnesses who shall subscribe the same, stating the place of residence of each of the parties and witnesses and the date and place of mar- riage and acknowledged by the parties and witnesses in the manner required for the acknowledgment of a con- veyance of real estate to entitle the same to be recorded, Domestic Relations Law 429 provided, however, that all of such contracts of marriage must in order to be valid be acknowledged before a judge of a court of record. Such contract shall be re- corded within six months after its execution in the office of the clerk of the county in which the marriage was solemnized. The word " clergyman " when used in the following sections of this article, includes each person referred to in the first subdivision of this section. The word " magistrate " when so used, includes any person re- ferred to in the second or third subdivision. (Section amd. by L. 1911, ch. 610; L. 1912, ch. 166; L. 1913, ch. 490 and L. 1916, ch. 524, in effect May 12, 1916.) § 11-a. Duty of city clerk in certain cities of the first City clerk class. The citv clerk of a city of the first class of over ix } . certaini J J cities one million inhabitants may designate in writing any of may per- his deputies or one of his regular clerks to perform mar- marriages riage ceremonies, which designation shall be in writing and be filed in the office of such city clerk. The day and hour of such filing shall be endorsed on the designation. Any such designation shall be and remain in effect for six months from the filing thereof. The designation of a deputy heretofore made for such purpose shall expire ninety days after this section, as hereby amended, takes effect. Whenever persons to whom the city clerk of any such city of the first class shall have issued a marriage license shall request him to solemnize the rites of matri- mony between them and present to him such license it shall be the duty of such clerk, either in person or by one of his deputies or a regular clerk so designated by him to solemnize such marriage ; provided, however, that nothing contained either in this section or in subdivision two of section eleven of this chapter shall be construed as empowering or requiring either the said city clerk or any of his designated deputies or regular clerk to solemn- ize marriages at any place other than at the office of such city clerk. In all cases in which the city clerk of 430 The Public Health Manual Marriage how solem- nized Marriage licenses such city or one of his deputies or a regular clerk so designated shall perform a marriage ceremony such offi- cial shall demand and be entitled to collect therefor a fee of two dollars, which sum shall be paid by the contract- ing parties before or immediate'ly upon the solemniza- tion of the marriage \ and all such fees so received shall be paid over monthly to the treasurer of the city. (Amended by L. 1916, ch. 524 and L. 1918, ch. 620, in effect May 11, 1918.) § 12. Marriage, how solemnized. No particular form or ceremony is required when the marriage is solem- nized as herein provided, by a clergyman or magistrate, but the parties must solemnly declare in the presence of a clergyman or magistrate and the attending wit- ness or witnesses that they take each other as hus- band' and wife. In every case, at least one witness beside the clergyman or magistrate must be present at the ceremony. The preceding provisions of this chapter, so far as they relate to the manner of solemnizing marriages, shall not affect marriages among the people called friends or quakers; nor marriages among the people of any other denominations having as such any particular mode of solemnizing marriages; but such marriages must be solemnized in the manner heretofore used and practiced in their respective societies or denominations, and marriages so solemnized shall be as valid as if this article had not been enacted. § 13. Marriage licenses. It shall be necessary for all persons intending to be married to obtain a marriage license from the town or city clerk of the town or city in which the woman to be married resides and to deliver said license to the clergyman or magistrate who is to officiate before the marriage can bp per- formed. If the woman or both parties to be married are non-residents of the state such license shall be obtained from the clerk of the town or city in which the marriage is to be performed; or, if the woman to Domestic Relations Law 431 be married resides upon an island located not less than twenty-five miles from the office or residence of the town clerk of the town of which such island is a part, and such office or residence is not on such island such license may be obtained from any justice of the peace residing on such island, and such justice, in respect to powers and duties relating to marriage licenses, shall be subject to the provisions of this article governing town clerks and shall file all statements or affidavits received by him while acting under the provisions of this section with the town clerk of such town. (Am'd by L. 1914, ch. 230, and L. 1918, ch. 236, in effect April 16, 1918.) § 14. Town and city clerks to issue marriage licenses; Town and form. The town or city clerk of each and every town ^^1*** or city in this state is hereby empowered to issue marriage liCGQSGS marriage licenses to any parties applying for the same who may be entitled under the laws of this state to contract matrimony, authorizing the marriage of such parties, which license shall be substantially in the following form:* . {Section Uf after setting forth the form of license, continues as follows:) There shall be endorsed upon the license or annexed thereto at the end thereof, subscribed by the clerk, an abstract of the facts concerning the parties as dis- closed in their affidavits or verified statements at the time of the application for the license made in conform- ity to the provisions of section fifteen of this chapter. The license issued, including the abstract of facts, and the certificates duly signed by the person who shall have solemnized the marriage therein authorized shall be returned by him to the office of the town or city clerk who issued the same on or before the tenth day * Form is prescribed and set forth at this point in the section. Blanks printed according to this form are furnished county clerks for distribution to town and city clerks. See section 21 herein 432 The Public Health Manual of the month next succeeding the date of the solemniz- ing of the marriage therein authorized and any person or persons who shall wilfully neglect to make such return within the time above required shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty- five dollars or more than fifty dollars for each and every offense. (Amended by L. 1912, ch. 216.) Duty of § 15. Duty of town and city clerks. It shall be the town duty of the town or city clerk when an application clerks for a marriage license is made to him to require each of the contracting parties to sign and verify a state- ment or affidavit before such clerk or one of his depu- ties, containing the following information. From the groom: Full name of husband, color, place of resi- dence, age, occupation, place of birth, name of father, country of birth, maiden name of mother, country of birth, number of marriage. From the bride : Full name of bride, place of residence, color, age, occupation, place of birth, name of father, country of birth, maiden name of mother, country of birth, number of marriage. From each: A statement in the following words: " I have not to my knowledge been infected with any venereal disease, or if I have been so infected within five years I have had a laboratory test within that period which shows that I am now free from infection from any such disease." The said clerk shall also embody in the statement if either or both of the applicants have been previously married, a statement as to whether the former husband or husbands or the former wife or wives of the respec- tive applicants are living or dead and as to whether either or both of said applicants are divorced persons, if so, when and where the divorce or divorces were granted and shall also embody therein a statement that no legal impediment exists as to the right of each of the applicants to enter into the marriage state. The town or city clerk is hereby given full power and Domestic Relations Law 433 authority to administer oaths and may require the applicants to produce witnesses to identify them or either of them and may also examine under oath or otherwise other witnesses as to any material inquiry pertaining to the issuing of the license; provided, how- ever, that in cities of the first class the verified state- ments and affidavits may be made before any regular clerk of the city clerk's office designated for that pur- pose by the city clerk. If it appears from the affi- davits and statements so taken, that the persons for whose marriage the license in question is demanded are legally competent to marry, the said clerk shall issue such license, except in the following cases. If it shall appear upon an application of the applicants as provided in this section that the man is under twenty- one years of age, or that the woman is under the age of eighteen years, then the town or city clerk before he shall issue a license shall require the written con- „ . ^ Written sent to the marriage from both parents of the minor consent or minors or such as shall then be living, or if the °J t m tnor tS parents of both are dead, then the written consent of the guardian or guardians of such minor or minors. If one of the parents has been missing and has not been seen or heard from for a period of one year preceding the time of the application for the license, although diligent inquiry has been made to learn the whereabouts of such parent, the town or city clerk may issue a license to such minor upon the sworn statement and consent of the other parent. If the marriage of the written parents of such minor has been dissolved by decree of consents of parents divorce or annulment, the consent of the parent to of minors whom the court which granted the decree has awarded the custody of such minor shall be sufficient. If there is no parent or guardian of the minor or minors living to their knowledge then the town or city clerk shall require the written consent to the marriage of the person under whose care or government the minor or 434 The Public Health Manual Fee Issuing license to persons not com- petent to marry, a misde- meanor minors may be before a license shall be issued. The parents, guardians or other persons whose consents it shall be necessary to obtain before the license shall issue, shall personally appear before the town or city clerk and execute the same if they are residents of the state of New York and physically able so to do. If they are non-residents of the state the required consents may be executed and duly acknowledged without the state, but the consent with a certificate attached show- ing the authority of the officer to take acknowledgments must be duly filed with the town or city clerk before a license shall issue. Before issuing any license herein provided for, the town or city clerk shall be entitled to a fee of one dollar, which sum shall be paid by the applicants before or at the time the license is issued; and all such fees so received by the clerks of cities shall be paid monthly to the treasurer of the city wherein such license is issued. Any town or city clerk who shall issue a license to marry any persons one or both of whom shall not be at the time of the marriage under such license legally competent to marry without first requiring the parties to such marriage to make such affidavits and statements or who shall not require the procuring of the consents provided for by this article, which shall show that the parties authorized by said license to be married are legally competent to marry shall be guilty of a misdemeanor and on conviction thereof shall be fined in the sum of one hundred dol- lars for each and every offense. In any city the fees collected for the issuing of a marriage license, or for solemnizing a marriage, so far as collected for services rendered by any officer or employee of such city, shall be paid into the city treasury and may by ordinance be credited to any fund therein designated, and said ordinance, when duly enacted, shall have the force of law in such city. (Amended by L. 1912, ch. 241 and L. 1917, ch. 503, in effect May 16, 1917.) Domestic Relations Law 435 § 16. False statements and affidavits. Any person Fa i se who shall in any affidavit or statement required or statements provided for in this act wilfully and falsely swear in affidavits regard to any material fact as to the competency of any person for whose marriage the license in question or concerning the procuring or issuing of which such s^idavit or statement may be made shall be deemed guilty of perjury and on conviction thereof shall be punished as provided by the statutes of this state. § 17. Clergyman or officer violating article; penalty. Clergy . If any clergyman or other person authorized by the man or laws of this state to perform marriage ceremonies shall violating solemnize or presume to solemnize any marriage be- artlcle tween any parties without a license being presented to him or them as herein provided or with knowledge that either party is legally incompetent to contract matri- mony as is provided for in this article he shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than fifty dollars nor Pen? i ty more than five hundred dollars or by imprisonment for a term not exceeding one year. § 18. Clergyman or officer; when protected. Any such ciergy- clergyman or officer as aforesaid to whom any such £^ er or license duly issued may come and not having personal wh en p ros 6 r 1 u. t£ cl knowledge of the incompetency of either party therein named to contract matrimony, may lawfully solemnize matrimony between them. § 19. Records to be kept by town and city clerks. Records Each town and city clerk hereby empowered to issue kept by marriage licenses shall keep a book in which he shall *°* v n j^fe, record and index all affidavits, statements, consents and licenses, together with the certificate attached showing the performance of the marriage ceremony, which book shall be kept and preserved as a part of the public records of his office. Whenever an application is made for a search of such records the city or town clerk may make such search and furnish a certificate of the 436 The Public Health Manual Fee for search Original records filed in office of county clerk Records' to be kept by- county clerk Original records to be filed in State De- partment of Health result to the applicant upon the payment of a fee of fifty cents for a search of one year and a further fee of ten cents for each additional year, which fees shall be paid in advance of such search. Alj such affidavits, statements and consents, immediately upon the taking or receiving of the same by the town or city clerk, shall be recorded and indexed and shall be public records and open to public inspection. On or before the fifteenth day of each month the said town and city clerk shall file in the office of the county clerk of the county in which said town or city is situated the orig- inal of each affidavit, statement, consent, license and certificate, which have been filed or made before him during the preceding month. He shall not be required to file any of said documents with the county clerk until the license is returned with the certificate showing that the marriage to which they refer has been actually performed. (Amended by L. 1912, ch. 241, and L. 1916, ch. 381, in effect May 1, 1916.) § 20. Records to be kept by the county clerk. The county clerk of each county except the counties included within the city of New York shall keep a copy and index in a book kept in his office for that purpose of each statement, affidavit, consent and license, to- gether with a copy of the certificate thereto attached showing the performance of the marriage ceremony, filed in his office. During the first twenty days of the months of January, April, July and October of each year the county clerk shall transmit to the state department of health at Albany, New York, all original affidavits, statements, consents and licenses with cer- tificates attached filed in his office during the three months preceding the date of such report, also all orig- inal contracts of marriage made and recorded in his office during such period entered into in accordance with subdivision four of section eleven of this chapter, which record and certificate shall be kept on file and Domestic Relations Law 437 properly indexed by the state department of health, correction Whenever it is claimed that a mistake has been made of records through inadvertence in any of the statements, affidavits or other papers required by this section to be filed with the state department of health, the state commissioner of health may file with the same, affidavits upon the part of the person claiming to be aggrieved by such mistake, showing the true facts and the reason for the mistake and may make a note upon such original paper, state- ment or affidavit showing that a mistake is claimed to have been made and the nature thereof. The serv- ices rendered by the county clerk in carrying out the provisions of this article shall be a county charge ex- cept in counties where the county clerk is a salaried officer in which case they shall be a part of the duties of his office. (Amended by L. 1915, ch. 422 and L. 1917, ch. 245, in effect April 23, 1917.) :§ 21. Forms and books to be furnished. Blank Forms forms for marriage licenses and certificates and also ^ d b g 00ks the proper books for registration ruled for the items furnished contained in said forms and also blank statements and affidavits and such other blanks as shall be necessary to comply with the provisions of this article shall be prepared by the state board of health and shall be furnished by said department at the expense of the state to the county clerk of the various counties of the state in quantities needed from time to time, and the county clerk of each county shall distribute them to town and city clerks in his county in such quantities as their necessities shall require. The expense of dis- tributing the same to said town and city clerks is hereby made a county charge. § 22. Penalty for violation. Any town, city or Penalty county clerk who shall violate any of the provisions for vioia- of this article or shall fail to comply therewith shall be deemed guilty of a misdemeanor and shall pay a fine not exceeding the sum of one hundred dollars on conviction thereof. 438 The Public Health Manual Presump- tive evi- dence Effect of marri- age of parents of illegiti- mates License ; when to be ob- tained § 23. Presumptive evidence. Copies of the records of marriages including the license and certificate of marriage and all other records pertaining thereto duly certified by the clerk of the county where the same are recorded under his official seal shall be evidence in all courts. § 24. Effect of marriage of parents of illegitimates. All illegitimate children whose parents have heretofore intermarried or who shall hereafter intermarry shall thereby become legitimatized and shall become legiti- mate for all purposes and entitled to all the rights and privileges of legitimate children; but an estate or interest vested or trust created before the marriage of the parents of such child shall not be divested or affected by reason of such child being legitimatized. Nothing in this act shall be deemed or construed to in any manner impair or affect the validity of any lawful marriage contract made before the passage of this article. § 25. License; when to be obtained. The provisions of this article pertaining to the granting of the licenses before a marriage can be lawfully celebrated apply to all persons who assume the marriage relation in accord- ance with subdivision four of section eleven of this chapter. Nothing in this article contained shall be con- strued to render void by reason of a failure to procure a marriage license any marriage solemnized between per- sons of full age nor to render void any marriage between minors or with a minor under the legal age of con- sent where the consent of parent or guardian has been given and such marriage shall be for such cause void- able only as to minors or a minor upon complaint of such minors or minor or of the parent or guardian thereof. DRAINAGE OF LANDS Removal of waters wherein mosquito larvae breed. Public Health Law, §§ 27-30 (p. 40). County Education Law 439 Mosquito Extermination Commission. Public Health Law, §§ 400-418 (p. 271). Extermination of mos- quitoes, 'Suffolk county. L. 1916, . ch. 248 (p. 507). Powers and duties of the Conservation Commission as to drainage of land. Conservation Law, Article VIII. Drainage for protection of public health and the re- claiming of low and wet lands — petition, appointment of commissioners, etc. Drainage Law, Article II, §§ 2-19. DRUGS Adulteration. Public Health Law, § 41 (p. 51). Penalty for adulterating. Public Health Law, § 237 (p. 160). Poison schedules. Public Health Law, § 23'8 (p. 162). Omitting to label, or labeling falsely. Penal Law, § 1742 (p. 519). Careless distribution of samples. Penal Law, § 1747 (p. 621). Sale of adulterated. Penal Law, § 1748 (p. 622). Sale in penal institutions. Penal Law, § 1691. Habit-forming, regulation and control. Public Health Law, §§ 420- 444 (p. 279). EDUCATION LAW (L. 1909, ch. 21, cons. ch. 16 Oon8. Laws) ARTICLE III § 69 authorizes incorporated colleges to construct water works and sewer systems. ARTICLE IV Duties of school authorities as to enforcing laws § 95. Removal of school officers; withholding public Removal money. 1. Whenever it shall be proved to his satisfac- °ffi C s e c rs 00 for tion that any trustee, member of a board of education, neglect of clerk, collector, treasurer, school commissioner, super- intendent of schools or other school officer has been guilty of any wilful violation or neglect of duty under 440 The Public Health Manual Withhold- ing public money this chapter, or any other act pertaining to common schools or other educational institution participating in state funds, or wilfully disobeying any decision, order or regulation of the regents or of the commissioner of education, said commissioner may, by an order under Lis hand and seal, which order shall be recorded in his office, remove such school officer from his office. 2. Said commissioner of education may also withhold from any district or city its share of the public money of the state for wilfully disobeying any provision of law or any decision, order or regulation as aforesaid.* Plans of new build- ings ap- proved by commis- sioner of education Ventila- tion ARTICLE V School buildings and sites § 4'51. Plans and specifications of school buildings must be approved by commissioner of education. 1. No schoolhouse shall hereafter be erected, repaired, enlarged or remodeled in a city of the third class or in a school district, at an expense which shall exceed five hun- dred dollars, until the plans and specifications thereof shall have been submitted to the commissioner of educa- tion and his approval endorsed thereon. Such plans and specifications shall show in detail the ventilation, heat- ing and lighting of such buildings. 2. The commissioner of education shall not approve the plans for the erection of any school building or addi- tion thereto or remodeling thereof unless the same shall provide a. At least fifteen square feet of floor space and two hundred cubic feet of air space for each pupil to be accommodated in each study or recitation room therein. b. For assuring at least thirty cubic feet of pure air every minute per pupil, and * See § 310 of Public Health Law, requiring the trustees or other officers in control of schools to refuse to admit children not vaccinated Education Law 441 c. The 'facilities for exhausting the foul or vitiated air therein shall be positive and independent of atmos- pheric changes. Provisions § 457. Provision for outbuildings. 1. The trustees in the several school districts shall provide at least two for out- suitable and convenient water-closets or privies for each bul dings of the schools under their charge, which shall be entirely separated each from the other, and have separate means of access, and approaches thereto separated by a substantial close fence not less than seven feet in height. It shall also be the duty of trustees to keep such out buildings in a clean and wholesome condition. 2. The board 'of education of each union free school district and of a city shall provide and maintain at least two suitable and convenient water-closets or privies for each of the schools under their charge, and in con- formity with the provisions of this section. O -X- * * * * * * 4. A failure on the part of the trustees or a board of education to comply with the provisions of this section shall be sufficient grounds for their removal from office or for withholding from the district or city its share of the public moneys of the state. ARTICLE XX-A Medical inspection for public school pupils Section 570. Medical inspection to be provided. 571. Employment of medical inspector. 572. Pupils to furnish health certificates. 573. Examination by medical inspector. 574. Record of examinations; eye and ear tests. 575. Existence of contagious diseases; return after illness. 576. Enforcement of law. 577. State medical inspection of schools. 442 The Public Health Manual Medical inspec- tion of public school pupils to be provided Employ- ment of medical inspectors School nurses to aid medical inspector § 570. Medical inspection to be provided. - Medical inspection shall be provided for all pupils attending the public schools in this state, except in cities of the first class, as provided in this article. Medical inspec- tion shall include the services of a trained registered nurse, if one is employed, and shall also include such services as may be rendered as provided herein in exam- ining pupils for the existence of disease or physical defects and in testing the eyes and ears of such pupils. t (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) § 571. Employment of medical inspectors. The board of education in each city and union free school district, and the trustee or board of trustees of a common school district, shall employ, at a compensation to be agreed upon by the parties, a competent physician as a medical inspector, to make inspections of pupils attending the public schools in the city or district. If appointed by a board of education of a city such physician shall reside within the city. The physicians so employed shall be legally qualified to practice medicine in this state, and shall have so practiced for a period of at least two years immediately prior to such employment. Any such board of trustees may employ one or more school nurses, who shall be registered trained nurses and authorized to practice as such. Such nurses when so employed shall aid the medical inspector of the dis- trict and shall perform such duties for the benefit of the public schools as may be prescribed by such inspector. A medical inspector or school nurse may be employed by the trustees or boards of education of two or more school districts, and the compensation of such inspector, and the expenses incurred in making inspections of pupils as provided herein, shall be borne jointly by such districts, and be apportioned among them accord- ing to the assessed valuation of the taxable property therein. Education Law 443 In cities and union free school districts having more than five thousand inhabitants, the board of education may employ such additional medical inspectors as may be necessary to properly inspect the pupils in the school in such cities and union free school district. The trustees of a common school district or the board of education of a union free school district whose boundaries are coterminous with the boundaries of an incorporated village shall, in the employment of medical inspectors, employ the health officer of the town in which such common school district is located or the health officer of such union free school district, so far as may be advantageous to the interests of such dis- trict. (Added by L. 1913, ch. 627, and amended by L. 1916, ch. 182, in effect April 11, 1916.) § 572. Pupils to furnish health certificates. A health Pu Piis certificate shall be furnished by each pupil in the public health schools upon his entrance in such schools, and there- ^telf" after at the opening of such schools at the beginning of each school year. Each certificate shall be signed by a duly licensed physician who is authorized to practice medicine in this state, and shall describe the condition of the pupil when the examination was made, which shall not be more than thirty days prior to the presen tation of such certificate, and state whether such pupil is in a fit condition of bodily health to permit his or her attendance at the public schools. Such certificate shall be submitted within thirty days to the principal or teacher having charge of the school and shall be filed with the clerk of the district. If such pupil does not present a health certificate as herein required, the principal or teacher in charge of the school shall cause a notice to be sent to the parents of such pupil that if the required health certificate is not furnished within thirty days from the date of such notice, an examina- tion will be made of such pupil as provided herein. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) 444 The Public Health Manual Examina- tion by medical inspectors Record of examina- tions; eye and ear tests § 573. Examination by medical inspectors. Each principal or teacher in charge of a public school shall report to the medical inspector having jurisdiction over such school the names of all pupils who have not fur- nished health certificates as provided in the preceding section, and the medical inspector shall cause such pupils to be separately and carefully examined and tested to ascertain whether any of them are suffering from defective sight or hearing, or from any other physical disability tending to prevent them from re- ceiving the full benefit of school work, or requiring a modification of such work to prevent injury to the pupils or to receive the best educational results. If it be ascertained upon such test or examination that any of such pupils are inflicted with defective sight or hear- ing or other physical disability as above described the principal or teacher, having charge of such school, shall notify the parents or other persons with whom such pupils are living, as to the existence of such defects and physical disability. If the parents or guardians are unable or unwilling to provide the necessary relief and treatment for such pupils, such fact shall be re- ported by the principal or teacher to the medical in- spector, whose duty it shall be to provide relief for such pupils. (Added hj L. 1913, ch. 627, in effect Aug. 1, 1913.) § 574. Record of examinations; eye and ear tests. Medical inspectors or principals and teachers in charge of public schools shall make eye and ear tests of the pupils in such schools at least once in each school year. The state commissioner of health shall prescribe the method of making such tests, and shall furnish general instruction in respect to such tests. The commis- sioner of education, after consultation' with the state commissioner of health, shall prescribe and furnish to the school authorities suitable rules of instruction as to tests and examinations made as provided in this article, Education Law 445 together with test cards, blanks, record books and other useful appliances for carrying out the purposes of this article. The commissioner of education shall provide for pupils in the normal schools, city training schools and training classes instruction and practice in the best methods of testing the sight and hearing of children. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) § 5?5. Existence of contagious diseases; return after Existence illness. Whenever upon investigation a pupil in the tagious public schools shows symptoms of small-pox, scarlet diseases fever, measles, chicken-pox, tuberculosis, diphtheria, in- fluenza, tonsilitis, whooping-cough, mumps, scabies or trachoma, he shall be excluded from the school and sent to his home immediately, in a safe and proper convey- ance, and the health officer of the city or town shall be immediately notified of the existence of such disease. The medical inspector shall examine each pupil return- Return ing to a school without a certificate from the health jii ne ss officer of the city or town, or the family physician, after absence on account of illness or from unknown cause. Such medical inspectors may make such examinations of teachers, janitors and school buildings as in their opinion the protection of the health of the pupil and teachers may require. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) § 576. Enforcement of law. It shall be the duty Ellforce ; J ment of of the commissioner of education to enforce the pro- law visions of this article, and he may adopt such rules and regulations not inconsistent herewith, after con- sultation with the state commissioner of health, for the purpose of carrying into full force and effect the objects and intent of this article. He may, in his discretion, withhold the public money from a district which willfully refuses or neglects to comply with this article, and the rules and regulations made hereunder. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) 446 The Public Health Manual State medical inspection of schools § 577. State medical inspection of schools. The commissioner of education shall appoint a competent physician who has been in the actual practice of his profession for a period of at least five years, as state medical inspector of schools. The state medical in- spector of schools, under the supervision of the com- missioner of education, shall perform such duties as may be required for carrying out the provisions of this article. The said medical inspector shall be appointed in the same manner as other employees of the education department. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.) Duties of parents to compel school attend- ance Requiring parents and guardians to compel children to attend school § 624. Duties of persons in parental relation to children. Every person in parental relation to a child within the compulsory school ages and in proper phy- sical and mental condition to attend school, shall cause such child to attend upon instruction, as follows: 1. In cities and school districts having a population of five thousand or above, every child between seven and sixteen years of age as required by section six hundred and twenty-one of this act unless an employment cer- tificate shall have been duly issued to such child under the provisions of the labor law and he is regularly em- ployed thereunder. 2. Elsewhere than in a city or school district having a population of five thousand or above, every child be- tween eight and sixteen years of age, unless such child shall have received an employment certificate duly issued under the provisions of the labor law and is regularly employed thereunder in a factory or mercan- tile establishment, business or telegraph office, restau- rant, hotel, apartment house or in the distribution or transmission of merchandise or messages, or unless such child shall have received the school record certificate Farms and Markets Law 447 issued under section six hundred and thirty of this act and is regularly employed elsewhere than in the factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. Penalty where parents do not compel children to attend school § 625. Penalty for failure to perform parental duty. Penalty A violation of section six hundred and twenty-four ^ f ^' shall be a misdemeanor, punishable for the first compel children offense by a fine not exceeding five dollars, or five days' to attend imprisonment, and for each subsequent offense by a fine sch001 not exceeding fifty dollars, or by imprisonment not ex- ceeding thirty days, or by both such fine and imprison- ment. Courts of special session and police magistrates shall, subject to removal as provided in sections fifty- seven and fifty-eight of the code of criminal procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violations of this section within their respective jurisdictions.* FARMS AND MARKETS LAW (L. 1917, ch. 802, cons. ch. 69 of Cons. Laws.) ARTICLE II § 21. Transfer of officers and employees of existing Transfer ° of officers departments. The officers and employees of the depart- and em- inent of agriculture and of the department of foods Jf^exTst- and markets, and the state superintendent of weights ™s de - • j P ar tments and measures and the officers and employees appointed * See People v. Ekerold (1914), 211 N. Y. 386, which holds that a parent keeping his child out of school by a refusal to have the child vaccinated, so that the school authorities can- not admit the child, is subject to these penalties. Also see Shappee v. Curtis (1911), 142 App. Div. 155, 127 N. Y. Supp. 33 448 The Public Health Manual by him, shall, without change of salary, be transferred to the department of farms and markets and continue in office subject to the power of removal or the ap- pointment of their successors as provided in this act. Where existing powers or duties of an officer or em- ployee of the department of health are by this chapter conferred or imposed upon the department of farms and markets, such officers and employees shall, without change of salary, be transferred to the department of farms and markets. The civil service commission may, on request of the council, determine which officers and employees of the department of health shall be so transferred. Services in the departments from which such transfers are made shall be counted as services in the department of farms and markets. The council shall assign the officers and employees so transferred to duties in the department. ARTICLE V Effect § 100. Effect on existing provisions of law. The on existing provisions of the agricultural law, except so far as the provisions r ° x of law same are in conflict or inconsistent with the provisions of this chapter, are continued in full force and effect* and the powers and duties of the agricultural depart- ment and the commissioner of agriculture under such law shall be exercised and performed by the depart- ment of farms and markets, through the council and the appropriate divisions of such department, under and pursuant to the provisions of this chapter. The provisions of article two- a of the general business law, as added by chapter two hundred and forty-five of the laws of nineteen hundred and fourteen and the acts amendatory thereof, pertaining to foods and markets, are continued in full force and effect except so far as they are in conflict or inconsistent with the provisions of this chapter. The powers and duties of the department Farms and Markets Law 449 of foods and markets and of the commissioner of foods and markets, as conferred or imposed by such article of the general business law, shall be exercised and per- formed by the department of farms and markets, through the council and the appropriate divisions of such department, under and pursuant to the provisions of this chapter. * * * The provisions of article sixteen-a of the public health law and the acts amenda- tory thereof, relative to cold storage, and the provisions of sections forty, forty-one, forty-two, forty-three, forty- six, forty-seven, forty-eight, forty-nine and fifty of the public health law, and the acts amendatory thereof, are continued in full force and effect, except as in conflict or inconsistent with this chapter, and such provisions shall be enforced and carried into effect by the department of farms and markets, through the council and the appropriate divisions of such depart- ment under and pursuant to the provisions of this chapter. § 101. Wherever the terms department of agricul- ture, commissioner of agriculture, department of foods and markets, commissioner of foods and markets, state superintendent of weights and measures, or state com- missioner of health, shall occur in any law, contract or document, such terms shall be deemed to mean and refer to the department of farms and markets or council of farms and, markets as established by this chapter, so far as such law, contract or document pertains to matters which are within the jurisdiction of such department or council under the provisions of this chapter. § 102. Existing rules and regulations continued. The Existing rules and regulations of the commissioner of agricul- reguia- ture. the commissioner of foods and markets, the state tlon x s continued commissioner of health or the state superintendent of weights and measures, pertaining to any matter within the jurisdiction of the department of farms and mar- kets under this chapter, adopted in pursuance of any 15 450 The Public Health Manual law, the duty of enforcing which is imposed upon the department of farms and markets as provided herein, shall continue in full force and effect until they are modified, amended or repealed by the council as pro- vided by this chapter. Pending § 1Q 3- Pending actions or proceedings. This chapter actions or ghgji no t affect pending actions or proceedings brought ings by or against the department of agriculture, the com- missioner of agriculture, the department of foods and markets, the commissioner of foods and markets, the state superintendent of weights and measures, the state commissioner of health, or any other officer, person or corporation, or by or in behalf of the people of the state, under or in pursuance of any of the provisions of the laws which are to be enforced or carried into effect under the provisions of this chapter by the department of farms and markets, but the same may be prosecuted or defended in the same manner and for the same pur- pose by the department of farms and markets, or by the proper officer or party, under the provisions of this chapter. Any investigation, examination or proceeding undertaken, commenced or instituted by the department of agriculture, the commissioner of agri- culture, the department of foods and markets, the com- missioner of foods and markets, the state superin- tendent of weights and measures, the state commis- sioner of health, or any other officer, under the pro- visions of the laws which are to be enforced or carried into effect as provided in this chapter by the depart- ment of farms and markets, may be conducted or con- tinued to a final determination by the department of farms and markets or council of farms and markets, or a commissioner or other proper officer of such de- partment, in the same manner and under the same terms and conditions as though this chapter had not heen passed. General Business Law 451 FOOD COMMISSION (L. 1917, ch. 813, in effect August 29, 1917.) § 15. Other powers of the commission. The food commission shall also have the following powers: *********** (c) To make and promulgate such rules relating to Destruc- governing the destruction of food on the order of any **°^ ° f public health officer as may be necessary to prevent health waste and destruction of sound and marketable food; *********** FOOD Adulterations. Public Health Law, Art. 4 (p. 51). Cold storage. Public Health Law, Art. 16-a (p. 226). Disposing of tainted. Penal Law, § 1750' (p. 522). Adulterated. Penal Law, § 1748 (p. 522). Prepara- tion and service. Public Health Law, Art. 17-a (p. 232). Wilfully poisoning. Penal Law, § 1760 (p. 524). GARBAGE AND ASHES Operation of crematories and disposal of garbage General City Law, § 17. Removal and disposition, pro- vision for by trustees. Village Law, § 89 (p. 567). Dis- position of, in villages. Village Law, §§ 344-346. Col- lection and disposition in towns. Town Law, §§ 32*0- 322 (p. 562). Deposit in Lake George or Sehroon Lake. Navigation Law, § 52. Garbage disposal works to be approved by Commissioner of Health. Public Health Law, § 14 (p. 20). GENERAL BUSINESS LAW (L. 1909, ch. 25, const, ch. 20 of Cons. Laws.) § 270. Unlawful detention of milk cans. Making it unlawful to use, sell, dispose of, buy or traffic in any can, irrespective of its condition, or use to which it 452 The Public Health Manual may have been applied, belonging to any dealer or shipper of milk or cream, when can bears name or initials of owner, niuminat- § 304 - Standard and storage of illuminating oils, ins oils £j- Q person shall manufacture or have in his possession or sell or give away for illuminating or heating pur- poses in lamps or stoves within this state, any oil or burning fluid wholly or partly composed of naphtha, coal oil, petroleum or products thereof, or of other sub- stances or materials emitting an inflammable vapor which will flash at a temperature below one hundred degrees Fahrenheit, according to the instruments and tests approved by the state board of health. No such oil or fluid which will ignite at a tempera- ture below three hundred degrees Fahrenheit shall be burned or be carried as freight in any passenger or baggage car or passenger boat moved by steam or electric power in this state, or in any stage or street car, however propelled, except that coal oil, petroleum and its products may be carried, when securely packed in barrels or metallic packages, in passenger boats pro- pelled by steam when there are no other public mean3 of transportation. The state board of health shall prescribe the tests and instruments by which such oils and fluids shall be tested, and shall adopt such measures to enforce the provisions of this section and such rules and regula- tions for collecting, examining and testing samples of such oils and fluids as to them may seem necessary. The public analysts employed by or under the direction of such board shall test the samples of such oils and fluids as may be submitted to them under the rules of the board, for which they shall receive such reasonable compensation as the board may allow. Naphtha and other illuminating products of petro- leum which will not stand the flash test required by General Business Law 453 this section, may be used for illuminating or heating purposes only in the following cases: 1. In street lamps and open air receptacles apart from any building, factory or inhabited house in which the vapor is burned. 2. In dwellings, factories or other places .of business when vaporized in secure tanks or metallic generators made for that purpose, in which the vapor so generated is used for lighting or heating. 3. For use in the manufacture of illuminating gas in gas manufactories situated apart from dwellings and other buildings. Any person violating any provision of this section shall forfeit to the city or village, or if not in a city or village to the town in which the violation occurs, the sum of one hundred dollars for every such violation, and for every day or part of a day that such violation occurs. This section shall not apply to the city of New York, and shall not supersede but shall be in addition to the ordinances or regulations of any city or village made pursuant to law for the inspection or control of com- bustible materials therein. ARTICLE 25-b Mattresses, upholstered box-springs and metal bed- springs (Added by L. 1918, ch. 369, in effect October 30, 1918.) Section 389-m. Definitions. 389-n. Prohibition as to manufacture. 389-o. Prohibition as to sale. 389-p. Tagging when new ; idem " second-hand." 389-q. Tagging " remade or renovated." 389-r. Tag, how made and attached. 389-s. Removing, defacing or altering tag pro- hibited. 454 The Public Health Manual Section 389-t. Industrial commission to enforce article. 389-u. Approval or disapproval of process of sterilization. 389-v. Complaints. 389-w. Violation a misdemeanor. Mattress defined Uphol- stered box-spring defined Metal bed spring defined Second- hand material defined Prohibition. as to manu- facture Prohibition as to sale Tagging when new § 38.9-m. Definitions. Whenever used in this article: The term " mattress " means any mattress, pillow, cushion, muff bed, down quilt, quilted bed mattress, mattress pad, comforter, bunk quilt or pad, or bed quilt ; The term " upholstered box-spring " means any metal spring placed or built upon a metal or wooden frame, covered with felt or other material, and encased in a covering or ticking; The term " metal bed-spring " means any metal bed- spring, metal couch, metal folding bed, metal cot, metal cradle or metal bassinet; and The term " second-hand material " means any ma- terial which has been used on, for or about the person, or in any mattress, upholstered box-spring or metal bed-spring. § 389-n. Prohibition as to manufacture. No person shall, in the making, remaking or renovating of any mattress, upholstered box-spring or metal bed-spring for sale, use any second-hand material which has not been thoroughly sterilized by a process prescribed or approved by the state department of health. § 389-o. Prohibition as to sale. ISTo person shall sell, or offer, deliver or consign for sale, any mattress, up- holstered box-spring or metal bed-spring, in the making, remaking or renovating of which there has been used any second-hand material which has not been thor- oughly sterilized by a process prescribed or approved by the state department of health. § 389-p. Tagging when new; idem "second-hand." No person shall directly or indirectly sell, or offer, General Business Law 455 deliver or consign for sale or have in his possession with intent to so sell, offer, deliver or consign: (a) Any mattress, upholstered box-spring or metal bed-spring which contains only new material, unless there is attached thereto a white tag specifying ( 1 ) The name and address either of the manufac- turer or of the vendor or of the successive vendors, and (2) In the case of a mattress the kind of material used, and that all the material used is new, in case of an upholstered box-spring, the kind of filling used, and that all the material used is new, and in the case of a metal bed-spring that all the material used is new ; or (b) Any mattress, upholstered box-spring or metal Tagging bed-spring which contains any second-hand material, ^,®^ d _ unless there is attached thereto a yellow tag bearing hand the words " second-hand " and specifying ( 1 ) The name and address either of the manufao- Tagging turer or of the vendor or of the successive vendors; second- (2) The date of sterilization of the material and nand the name and address of the person sterilizing the same ; (3) In the case of a mattress the kind of material used, and (4) In the case of an upholstered box-spring, the kind of filling used. § 389-q. Tagging " remade or renovated." No person Tagging shall directly or indirectly redeliver to the owner 0T ve ™^ e thereof, or have in his possession with intent to so ovated " redeliver, any mattress, upholstered box-spring or metal bed-spring, which has been remade or renovated unless there is attached thereto a blue tax bearing the words " remade or renovated," and specifying ( 1 ) The name and address of the person remaking or renovating the same, and (2) The date of sterilization of the material and the name and address of the person sterilizing the same. The Public Health Manual § 389-r. Tag, how made and attached. Whenever a tag is required by this article it shall be made of mus- lin, linen or other material of like durability, shall be legibly printed, stamped or written in the English language and in letters at least one-eighth of an inch in height, and shall, in the case of a mattress or up- holstered box-spring, be prominently and securely sewed thereon, and in the case of a metal bed-spring, be prominently and securely affixed thereto. § 389-s. Removing, defacing or altering tag pro- hibited. No person shall remove, deface or alter, or cause to be removed, defaced or altered any tag placed upon any mattress, upholstered box-spring or metal bed-spring as required by this article. § 389-t. Industrial commission to enforce article. Every place where mattresses, upholstered box-springs or metal bed-springs are made, remade or renovated, or materials therefor prepared or sterilized, or where such articles or materials are sold or offered, delivered or consigned for sale, or held in possession with intent so to sell, offer, deliver or consign, shall be subject to the supervision and inspection of the industrial commis- sion, which shall also have power to supervise and in- spect the manufacture and sale of the articles covered by this act, and to prosecute violations thereof. § 389-u. Approval or disapproval of process of steril- ization. The state department of health shall, within sixty days after any process for the sterilization of sec- ond-hand material has been submitted to it as herein provided, approve such process if it finds it reasonably effective, and otherwise shall disapprove it and state the reasons for such action. § 389-v. Complaints. Any person who has reason to believe that this article has been or is being violated may present the facts to the industrial commission and it shall be the duty of the commission to investigate the same and to institute a prosecution if it finds rea- Genekal City Law 457 sonable cause to believe that there has been such vio- lation. Any individual may institute proceedings to enforce this article and punish any violation thereof in the county where such violation occurs. § 3'89-w. Violation a misdemeanor. Any person who violation a violates any provision of this article is guilty of a meanor misdemeanor. The unit for each separate and distinct misdemeanor in violation of this article shall be each mattress, upholstered box-spring or metal bed-spring, made, remade or renovated, sold, or offered, delivered, or consigned for sale, or delivered, or possessed with intent so to sell, offer, deliver or consign, contrary to the provisions of this article. GENERAL CITY LAW (L. 1909, ch. 26, cons. ch. 21 of Cons. Laws.) § 17. Operation of crematories for disposal of gar- bage. Shall be operated without offense or danger to persons residing in neighborhood. § 20. Grant of specific powers. Subd. 7 grants power to establish sewer systems, water supply systems, etc. § 40. Examining boards of plumbers in cities. The existing boards for the examination of plumbers in cities of this state are continued and each shall here- after be known as the examining board of plumbers. Such board in each city shall continue to consist of five persons to be appointed by the mayor, of whom two shall be employing or master plumbers of not less than ten years' experience in the business of plumbing, and one shall be a journeyman plumber of like experience, and the other members of such board shall be the chief inspector of plumbing and drainage of the board of health of such city, or officer performing the duties of such inspector, and the chief engineer having charge of sewers in such city, but in the event of there being no such officers in such city, then any two other officers 458 The Public Health Manual having charge or supervision of the plumbing, drainage or sewerage, whom the mayor shall designate or ap- point, or two members of the board of health of such city having like duties or acting in like capacities. § 41. Term of office; vacancies. § 44-1. Powers and duties. § 45. Examinations; conducting business without certificate prohibited. § 45-a. Corporations may conduct business. ARTICLE IV § 45-b. Further requirements relating to the business Plumbing; a * 6 "Licensed of plumbing. 1. No person otherwise qualified shall plumber " engage in the trade, business or calling of a plumber or of plumbing in a city of this state as employing or master plumber until he has first procured from the board or department of health in such city or in the city of New York, from the examining board of plumbers a metal plate or sign appropriately lettered or marked " licensed plumber ; " such plate or sign to be conspicuously posted in the window of the place where such business is conducted. Any person retir- ing, abandoning or not actually engaged in such trade, business or calling hereinbefore mentioned, shall sur- render to the board or department of health of the city, or in the city of New York, to the examining board of plumbers such metal plate or sign and shall not again engage in such trade, business or calling until he has again procured a metal sign as herein provided. 2. Within thirty days after this section takes effect, ing board the board or department of health in every city of this t «° i _P repare state and in the city of New York, the examining board of plumbers shall prepare metal plates or signs, at least fourteen inches wide and not less than twenty-two inches in length appropriately lettered or marked " licensed plumber," the lines of each letter to be four aigns General City Law 459 inches long and five-eighths of an inch wide; such plate or sign shall, on some part thereof, contain an identification number, which number together with the name and location of the place of business of the person to whom issued shall be recorded in the office of such board or department of health or such exam- ining board of plumbers in the city of New York. Every person now actually engaged or about to engage in the trade, business or calling of a plumber or of Fee for plumbing as employing or master plumber, who has si s n otherwise complied with the provisions of law relating to the conduct of such business upon the payment of five dollars to the board or department of health of such city or in the city of New York to the examining board of plumbers shall have issued to him a sign or plate hereinbefore described. Any person to whom such plate or sign has been issued who shall loan, rent, sell or transfer the same to another person whether such person be entitled to receive a similar plate or sign or not, or otherwise wilfully violates the provisions of this penalties section forfeits his license and certificate of qualifica- for vi °i a - ■ '• ii tions tions and shall be guilty of a misdemeanor punishable by a fine of not exceeding fifty dollars for the first offense, and not less than one hundred nor more than five hundred for a subsequent offense. The provisions of this section shall apply to all cities of the state, including the city of New York. (Added by L. 1916, ch. 305, in effect Sept. 1, 1916.) § 48. Inspectors; qualifications; notice. § 51. Notice of violation of rules. § 53. Plumbing and drainage to be executed accord- ing to rules. § 55. Violations, how punished. § 56. Issue of licenses to connect with sewers and water mains restricted. Estabiisn- ment of § 140. Establishment of hospitals. A city of the tuber- first class shall have power whenever its board of health hospital 460 The Public Health Manual Site out side of city or village shall deem it necessary for the promotion of the health of its inhabitants, to establish, equip, and maintain, outside of its corporate limits, and not within the limits of any other city or any village, a hospital or hospitals for the regular treatment of the disease known as pulmonary tuberculosis. § 141. Selection of site. Whenever a city of the first class shall desire to exercise the power conferred by this article it shall through its board of health, select such locality outside of its corporate limits, but within the state, and not within the corporate limits of any other city or any village, as it may consider best adapted by reason of climatic and other conditions for the treatment of such disease, and shall make ap- plication to the state board of health for the approval of the site so selected. Upon such approval being given the city may acquire title to such lands as its board of health may designate, within the limits of the locality submitted to and approved by the state board of health. The provisions of law relating to the acquiring of pri- vate property for public purposes are hereby made ap- plicable as far as may be necessary to the acquiring of title to such lands. § 142. Jurisdiction of local board of health. All hos- locai °board P^als or institutions now or hereafter established or of health maintained by any city of the first class for the regular or special treatment of persons suffering from the dis- ease known as pulmonary tuberculosis shall be subject to the approval of the local board of health; special wards or pavilions for the treatment of cases of pul- monary tuberculosis in existing hospitals shall be pro- vided with separate nurses, cooking utensils, washing and plumbing facilities. Approval of state depart- ment of health Jurisdic- General Corporation Law 461 GENERAL CORPORATION LAW (L. 1909, ch. 28, cons. ch. 23 of the Cons. Laws.) ARTICLE g-a Forfeiture of charter or revocation of certificate of authority, for maintaining a nuisance Section 200. Forfeiture of charter or revocation of cer- tificate of authority of corporations main- taining nuisances generated in another state. 201. Reinstatement. 202. Application of article. § 200. Forfeiture of charter or revocation of certifi- cate of authority of corporations maintaining nuisances generated in another state. Any corporation organized under the laws of this or any other state which shall so conduct its business, without the state, by the emis- sion or discharge of dust, smoke, gas, steam or offen- Discharge sive, noisome or noxious odors or fumes, so as to unrea- dust m e £.\, sonably injure or endanger the health or safety in this nuisance state of any considerable number of the people of this state, shall be deemed guilty of a nuisance and the charter of such corporation, if incorporated by or under any law of this state shall be deemed forfeited in the manner prescribed in- this section, or its certificate of authority to do business in this state, if incorporated or formed under the laws of any other state, shall be Forfeiture deemed revoked and annulled in the manner prescribed of chart er in this section, and in either case shall not be revived, except as prescribed in the next section. Complaints complaints may be made to the state commissioner of health by t0 com - " " missioner any person, association or corporation aggrieved, by of health petition or complaint in writing, setting forth any act or thing done or omitted to be done claimed to con- 462 The Public Health Manual Charges Investiga- tion Hearing Findings filed with attorney- general Certifi- cate of secretary of state Suspen- sion of charter stitute a nuisance within the provisions of this sec- tion. Upon the presentation of such a complaint, the state commissioner of health shall cause a copy thereof to be served upon the corporation complained of, in the manner provided by law for the service of a sum- mons, accompanied by a notice, directed to such cor- poration, requiring that the matters complained of be abated, or that the charges be answered in writing within a time to be specified by such commissioner. If the charges contained in such complaint be not thus satisfied and it shall appear to such commissioner of health that there are reasonable grounds therefor, he shall cause such charges to be investigated in such manner and by such means as he shall deem proper and fix a time for a hearing upon such complaint and cause notice thereof to be forwarded to the complain- ant and the corporation complained of. If the state commissioner of health, or his successor, after such notice to such corporation, and an opportunity for a hearing being given to it, shall find that such corpora- tion is so conducting its business, without the state, as to unreasonably injure or endanger the health or safety in this state of any considerable number of people of this state, he shall file such findings in dupli- cate in the offices of the secretary of state and the attorney-general. A certificate of the secretary of state giving notice of the filing of such findings shall be served upon the corporation, or upon the designated agent of a foreign corporation authorized to do busi- ness in this state, and thereupon the charter of such corporation if incorporated by or under any law of this state, or its certificate of authority to do business in this state, if incorporated or formed under the laws of any other state, shall be suspended for the period of thirty days. Any person who shall exercise or attempt to exercise any powers under the charter of any corpo- General Corporation Law 463 ration or by virtue of a certificate of authority which has been so suspended, during the period of such sus- pension, shall be guilty of a misdemeanor. If at the expiration of such period the state commissioner of health upon further proof and opportunity to such Additional offending corporation to be heard shall find and deter- hearing° mine that such corporation continues to conduct its business so as to constitute such nuisance, he shall cause a notice of such determination to be served upon the corporation, or upon the designated agent of a foreign corporation authorized to do business in this state, and published once a week for two successive weeks in the official state paper. On the tenth day Forfeiture after such service and publication the charter of such ° corporation, if incorporated by or under any law of this state, shall be deemed forfeited or its certificate of authority to do business in this state, if incorporated or formed under the laws of any other state, shall be deemed to be revoked and canceled. Any person who shall exercise or attempt to exercise any powers under the charter of any corporation which has been so for- feited or by virtue of a certificate of authority which has been so revoked, shall be guilty of a misdemeanor. If, pursuant to this section, the charter of a domestic Appoint- corporation be forfeited, the attorney-general shall receiver forthwith apply to the supreme court, for the appoint- ment of a receiver of its property, who shall have all the powers and duties, so far as practicable, prescribed by articles ten-A and eleven of the general corpora- tion law. (Added by L. 1917, ch. 292, in effect May 1, 1917.) § 201. Reinstatement. When* any corporation has Reinstate- ceased to perform the acts or maintain the nuisance by reason of which its charter has been forfeited or its certificate of authority revoked, and shall satisfactorily guarantee that it will not perform such acts or main- 464 The Public Health Manual Petition to state com- missioner of health Investiga- tion Findings filed with secretary of state and attorney- general Certificate of secre- tary of state Mot appli- cable to railroad or steamboat lines tain such nuisance in the future, the charter or certifi- cate of authority of such corporation may be revived in the manner prescribed in this section with the same force and effect as if such charter had not been for- feited or such certificate revoked. If such corpora- tion shall file a petition in writing with the state com- missioner of health setting forth that the nuisance in fact no longer exists and it shall appear that there are reasonable grounds therefor, such commissioner of health shall cause an investigation to be made in such manner and by such means as he shall deem proper, and if after such investigation, he shall find and certify that such corporation has ceased to conduct its business so as to constitute such nuisance and shall file such findings in duplicate in the offices of the secretary of state and attorney-general, the charter or certificate of authority of such corporation shall be deemed to be revived with full force and effect. A supplemental cer- tificate of the secretary of state shall be served and published in like manner, and upon such service and publication, such revival shall become effective. Such revival shall not, however, prevent a subsequent for- feiture or revocation of the charter or certificate of the same corporation for the same or similar offense. This article shall not be deemed to apply to a corporation organized and existing under the laws of the state of New York and subject to the jurisdiction of the public service commission under the public service commissions law or principally engaged in furnishing power to such public service corporation. (Added by L. 1917, ch. 292, in effect May 1, 1917.) § 202. Application of article. This article shall not apply to corporations operating railroad or steamboat lines. (Added by L. 1917, ch. 292, in effect May 1', 1917.) General Municipal Law 465 GENERAL MUNICIPAL LAW (L. 1909, ch. 29, const, eh. 24 of Cons. Laws.) § 81. Peddling and hawking farm produce.* The Peddling governing board of a municipal corporation shall not by ^ fa r a m k ~ ordinance or otherwise regulate or prohibit the pur- produce; license suit or exercise of hawking and peddling farm produce forbidden except hay and straw within the limits of any such municipal corporation, if such farm produce is hawked or peddled by the producer thereof, or his servants or employees; nor shall the governing board of any such municipal corporation pass an ordinance requiring such producer of farm produce to secure a license for peddling and hawking such farm produce within the limits of such municipal corporation. Nothing contained herein shall affect any pending action or proceeding to recover penalties imposed for violations of existing ordinances and regulations. Nothing in this section shall be con- strued to permit wagons from which farm products is sold to stand in front of stores or private residences for a longer time than may be necessary for the sale and delivery of produce purchased by the occupants of such stores or residences; nor to permit the congregat- ing of such wagons upon any street or thoroughfare not set apart by the municipality as a public market for the sale of farm produce. This section shall not apply to cities of the first class. § 120. Contracts for purification of water and sewer- Purifica- age. The locai authorities of the several cities, towns wate r and and villages of the state having charge of the supply sewa s® of water and the care of sewerage in their respective localities, are hereby authorized, on behalf of their cities, towns and villages, respectively, to enter into contracts with the owners of any process or apparatus for the purification of water and sewerage whether protected by patents or not, and either contract for the See Town Law, § 210, p. 544, and Village Law, § 91, p. 569 466 The Public Health Manual use of apparatus and process for a term of years or for the purchase of the same, as to them shall seem advisable. It shall be lawful for any two or more of such municipalities in this state, excepting only cities of the first and second class, without regard to the form of their incorporation, including towns or sewer districts of towns, to jointly construct, provide, main- tain and operate a comprehensive system of sewerage including trunk lines and laterals, or a system of con- veying or conducting sewerage from said municipalities from a point or points to be agreed upon to a common destination or. disposal plant or plants, and to con- struct, maintain and operate within or without the said municipalities or any of them one or more outlet or trunk sewers, plants, works or stations for the treat- ment, disposal, or rendering of sewerage, or any such municipality or any such municipalities may jointly or severally contract for the construction for it or them of any such system, extension or part thereof, including any such sewers, plants, works or stations, and agree to pay annually, semi-annually or quarterly for the use or possession thereof, by way of permanent rental re- served therefor; or such lawful authorities of the re- spective municipalities may jointly or severally con- tract with any person, persons or corporation or with other municipalities or sewer districts for the removal of sewage within the boundaries of such local govern- ment, upon such reasonable terms as they may agree upon. And to that end the governing bodies or boards of any two or more municipalities, including sewer districts of a town, authorized by law to have charge of sewer systems established or to be established in said municipalities, or sewer districts of a town, respectively, may unite and jointly cause to be made at their joint expense (each district bearing a part of the expense in proportion to the assessed valuation of real estate in such district, or on such other basis or General Municipal Law 467 division as may be jointly agreed upon) by competent engineers, mechanics and others, surveys, maps, plans, reports and estimates of proposed works and improve- ments relating to such contemplated public improve- ment or works authorized by this act, which such municipalities may desire to jointly provide, maintain, operate or lease under the authority conferred by this act, and for such purpose they may determine upon the final route and plan for the building or construc- tion of such sewerage system and for the making of such surveys, maps, plans, reports and estimates as provided in this section. It shall be lawful for the officers and agents of such municipalities to enter at all times upon any lands or waters for the purpose of exploring, surveying, and laying out the route of such sewerage system. (Amended by L. 1917, ch. 709, in effect June 1, 1917.) § 120-a. Contracts for sewerage disposal. The respec- Contracts *- for sewage tive municipalities and districts may contract with each disposal other, or they may jointly or severally contract with a third person, corporation or municipality, either for the construction, operation, maintenance or leasing of a complete comprehensive system for the removal and disposal of sewerage, or of a trunk line system with or without lateral connections, with or without the sewer- age disposal plant or of a sewerage disposal plant; each of the boards or commissioners, however, binding only the municipalities or districts which they respec- tively represent. Such municipalities jointly acting through such board or commissioners, if they deem it expedient so to do, may contract with any other municipality or municipalities through or over whose territory such trunk sewer or sewers are intended to pass, for the construction of said outlet, trunk sewer or sewers and appurtenances located within the terri- tory of such other municipality, in such manner as may be agreed upon between such other munici- 468 The Public Health Manual pality, and the municipality theretofore jointly con- tracting as herein authorized, or such jointly con- tracting municipalities may contract in writing with any other municipalitity or municipalities for the privilege of connecting its or their sewers and drains with such outlet or trunk sewer or sewers so to be jointly constructed oy the municipalities originally con- tracting for the public improvements or works hereby authorized, and it shall be lawful for such other municipality or municipalities to enter into a contract for such purpose, upon such terms and for such con- sideration and length of time as may be mutually agreed upon between all the contracting municipalities. (Added by L. 1917, ch. 709, in effect June 1, 1917.) Workshops in con- nection with tuber- culosis hospital Only tuber- culous patients be em- ployed in Articles may be used institu- tion of munici- pality to § 135-a. Workshop in connection with tuberculosis hospitals. Any municipal corporation maintaining a hospital or a sanatorium for the treatment of tubercu- losis may establish and maintain workshops in connec- tion therewith for the production of articles or supplies required by such hospital or sanatorium, or by any other institution or department of such municipality. Except in a supervisory capacity no person shall be employed in such workshop or workshops unless he is or shall have been a patient suffering from tuberculosis in such hospital or sanatorium. The appropriate mu- nicipal authorities may appropriate or provide funds for the establishment and maintenance of the said work- shops in the same manner as for the establishment and maintenance of such hospitals or sanatoria. Notwith- standing the provisions of the prison law in relation to the sale of articles manufactured in the state prisons,! the products of such workshop may be used in such hospital or sanatorium or by any other institution or department of such municipality. Such workshops shall be under the direction and control of the municipal t Prison Law, § 182, p. 527 General Municipal Law 469 Authority having direction and control of the hospital or sanatorium to which they may be attached. (Added by L. 1913, ch. 341, in effect April 19, 1913.) HOSPITALS Tuberculosis, consent required for establishment. Public Health Law, § 319 (p. 211). County tuber- culosis hospitals. County Law, §§ 45-49- e (p. 406). Workshops in connection with tuberculosis hospitals. General Municipal Law, § 135-a (p. 468). Privileges of medical students in. Public Health Law, § 333 (p. 224). Fire-escapes. Public Health Law, § 334 (p. 225). Hospital corporations, incorporation. Mem- bership Corporations Law, § 130. Establishment of hospitals for tuberculosis by first-class cities. General City Law, §§ 140-142 (p. 459). HOTELS Sanitary conditions; bedding, size of sheets, supply of towels. Public Health Law, §§ 354-356 (p. 248). Cleanliness in preparation and service of food. Public Health Law, Art. 17-a (p. 232). Common towel forbid- den. Sanitary Code, chap. VII, Reg. 2 (p. 355). Com- mon drinking cups and eating utensils forbidden. Sani- tary Code, chap. VII, Reg. 3 ( p. 355 ) . Handling of food forbidden in certain cases. Sanitary Code, chap. II, Reg. 39 (p. 323). Communicable diseases to be re- ported. Sanitary Code, chap. II, Reg. 5 (p. 308). Pub- lic Health Law, § 25 (p. 37). ICE Water supply, rules and regulations by department authorized. Public Health Law, §§ 70-73 (p. 59). Selling canal ice without marking,' a misdemeanor. Penal Law, § 1748 (p. 522). Regulating mnaufacture of artificial ice and storage and transportation of natural and artificial ice, sale, delivery and distribu- 470 The Public Health Manual State Hospital Commis- sion, duties as to car 1 of insane Advise with health officers Inspection of places for deten tion of insane Examine qualifica- tions of persons employed in care insane tion of natural and artificial ice and appointment of ice comptroller. Chapter 81 of Laws of 1918. Ap- pointment of ice comptroller. Chapter 4 of Laws of 1918. Authorizing governor to suspend right to cut ice on New York city water supply, in emergency. L. 1917, ch. 600. INSANITY LAW (L. 1909, ch. 32, cons. ch. 27 of Cons. Laws.) § 20. State hospital and care of insane; commission shall advise with health officer as to detention of insane persons. The commission is charged with the duty of i seeing that the laws relating to the detention, care and treatment of insane or apparently insane persons who are under examination as to their sanity or who are detained or confined pending commitment and prior to their transfer to institutions for the insane, are exe- cuted. The commission shall: 1. Make recommendations to and advise with health officers and other officers having duties to perform in respect to the detention, care and treatment of such insane or apparently insane persons, as to the perform- ance of such duties and as to the requirements of places in which such persons are to be detained, and relating generally to the protection and promotion of the physi- cal and mental welfare of such persons. 2. Visit or cause to be visited and inspected build- ings, rooms or other places permanently established in any city, village or town, as provided by law, for the detention or confinement of insane or apparently insane persons, pending an examination as to their sanity, and prior to their transfer to an institution for the insane. 3. Examine into the qualifications of persons em- ployed as provided by law in the care of insane or apparently insane persons, pending their examination, of commitment and transfer, and recommend the discharge, for reasons stated in writing, of persons so employed who are found by the commission to be incompetent. Insanity Law 471 4. Employ a medical inspector and such other persons Employ as may he necessary to carry into effect the purposes of inspector this section. If upon an inspection, made as authorized by this sec- Recom- tion, it shall be ascertained that any building, room or f places place established and regularly used in any city, town °f de ten- or village for the detention and confinement of insane care of or apparently insane persons pending examination and g"^. 6 not commitment, and prior to transfer, does not conform factory to the requirements of law, or if the care and treatment of persons confined therein are inadequate, the commis- sion shall make a recommendation in writing to the board or officer of the town, village or city whose duty it is to establish and maintain such building, room or place, describing the defect or failure and stating how the same shall be remedied. It shall be the duty of such board or officer to cause such defeat or failure to be remedied so as to conform to such recommendations. If such defect or failure is not so remedied within a reasonable time, the commission may apply to a justice of the supreme court at special term in the judicial district in which such building, room or place is situ- ated for an order directing that such defect or failure shall be remedied as provided therein. At least ten days' notice of such application shall be given to the board or officer to whom such recommendation was made. If upon a hearing of such application it shall Hearing be ascertained that the recommendation of the commis- sion is reasonable and in accordance with law, and has not been complied with, an order shall be granted direct- order by ing such board or officer to make such alterations and J ustice of provide such changes in the building, room, place, or court methods of care and treatment complained of in the application, and describing specifically the alterations and changes directed to be made by such order. For the purpose of carrying into effect the provisions of this section, each commissioner, and any duly authorized agent of the commission, shall have free access to the 472 The Public Health Manual Health officer to report known violations to com- mission buildings, rooms and places provided for the detention or confinement of insane or apparently insane persons, pending an examination as to their sanity and prior to their transfer to an institution for the insane. All per- sons connected with any such building, room or place shall give such information, and afford such facilities for examination and visitation thereof as the commis- sion may desire. If any health officer or superintendent of a state hospital has knowledge of any violation of the law relating to the detention or confinement, care and treatment of an insane or apparently insane person on the part of a police officer, or any other municipal officer, he shall report the same to the commission, who may take such action in respect thereto as it shall deem proper. Provided that nothing in this section shall apply to pavilion F of the Albany Hospital located in the city of Albany. (Added by L. 1914, ch. 306, in effect April 11, 1914.) Health officer may request temporary commit- ment of insane persons Health officer may request temporary commitment of insane persons. § 82. Proceedings to determine the question of insanity. . . . 2. The superintendent of any state hospital for the insane may, when requested by a health officer, receive and care for in such hospital as a patient, for a period not exceeding ten days, any person who needs immediate care and treatment because of mental derangement other than delirium tremens or drunken- ness. Such request for admission of a patient shall be in writing and shall be filed at the hospital at the time of his reception, together with a statement in a form prescribed or approved by the state hospital commis- sion giving such information as said commission may deem appropriate. Any such patient who is deemed by the superintendent not suitable for such care shall, upon the formal request of the superintendent, be removed forthwith from the hospital by the health officer request- ing his reception, and, if he is not so removed, the town, Insanity Law 473 city or county in which the patient has a legal settle- ment as provided by article four of chapter forty-six of the laws of nineteen hundred and nine, and in case such person has gained no legal settlement then the county in which such person may be previous to the time of admission, shall be liable forthwith for all reasonable expenses incurred under the provisions of this subdivi- sion on account of such patient. Unless the patient shall sign a request to remain as a voluntary patient under the provisions of section ninety-nine of this chap- ter, the health officer making application shall cause such patient to be examined by two medical examiners „ „. , r J Medical in lunacy, qualified as provided in the preceding section, examiners and if found insane shall cause him to be duly com- mitted by any judge of a court of record, or, if found bane, shall cause him to be removed therefrom before the expiration of said period of ten days. Eeasonable Expenses expenses incurred for the examination of the patient and t0 be his transportation to and from the hospital shall be judge or allowed and certified by the judge or justice ordering *!^® the commitment and shall be a charge upon the town, commit- city or county as provided in this subdivision. A report of the admission of a patient for observation under the provisions of this subdivision together with copy of formal statement of health officer shall be mailed to the state hospital commission within twenty-four hours after such admisssion. (Am'd by L. 1912, ch. 121 and L. 1914, ch. 307, in effect April 11, 1914.) Compensation and expenses of health officers in connec- tion with commitment of insane persons § 84. Costs of commitment. The costs necessarily Costs of incurred in determining the question of the insanity ™™ 1 f it " of a poor or indigent, or other person under this chapter, or under section twenty-six of chapter four hundred and forty-six of the laws of eighteen hun- dred and seventy-four, including the fees allowed by the judge or justice ordering the commitment to the 474 The Public Health Manual Costs of commit- ment of insane persons Com- pensation of health officers medical examiners or medical witnesses called by him and other necessary expenses, and in securing the admission of such person into a state hospital and the expense of providing proper clothing and proper medical care and nursing, for such person in accord- ance with the rules and regulations adopted by the commission, shall be a charge upon the town, city or county securing the commitment; but in the city of New York all fees of medical examiners and medical witnesses appointed or called by a judge of any court in said city for the purpose of determining the question of the insanity of any such person, and not heretofore paid, may be audited and allowed in the first instance either by the judge or justice appointing the medical examiners or by the comptroller of said city and shall be paid by the chamberlain of said city on the warrant of the comptroller from the court fund and charged to the proper county within said city. If the person sought to be committed is not a poor or indigent person, the costs and expenses of the proceeding to determine his insanity and secure his commitment paid by any town, city or county may be collected by it from the estate of such person, or from the persons legally liable for his maintenance, and the same shall be a charge upon the estate of such person, or the same shall be paid by the persons legally liable for his maintenance. The compensation or fees and expenses of health officers for duties performed in respect to the examination, confinement, care and treatment of insane or alleged insane persons, as required by this act, shall in each case be determined and allowed by the judge or justice ordering the commitment or hearing the application, and shall be a charge upon the town, city or county in which such persons reside or may be. If the fees and expenses so de- termined and allowed are a charge upon the county or town, such judge or justice shall issue a certificate stating the amount thereof, to whom to be paid, and Insanity Law 475 whether a charge upon the county or a town, and if the latter, the name of the town, which shall be pre- compensa- sented to the county treasurer and be paid by him out health ° f of any moneys available for such purpose. The county officer in care of treasurer shall report the amount paid by him on insane account of such fees and expenses to the board of supervisors, and the amount thereof which is chargeable against any town in the county shall be levied against the taxable property thereof in the same manner as other town charges are levied. If there is no money in the county treasury available for the payment of such fees and expenses, the county treasurer is hereby authorized and directed to borrow on the credit of the county a sum sufficient to pay such fees and expenses, and may issue certificates of indebtedness therefor, the principal and interest of which, at a rate not exceeding six per centum, shall be binding upon the county, and shall be paid in the same manner as other county obli- gations. If the compensation or fees and expenses of health officers as so determined and allowed are a charge upon a city they shall be paid in the same manner as the other expenses of the health department or bureau in such city. (Am'd by L. 1910, ch. 608, in effect Oct. 1, 1910.) i § 87. Duties of local officers in regard to their in- Duties of ■ health sane. All county superintendents of the poor, over- ffi Cer s in seers of the poor, health officers and other city, town or f e s ard to county authorities, having duties to perform relating to the poor, are charged with the duty of seeing that all poor and indigent insane persons within their respective municipalities, are timely granted the necessary relief conferred by this chapter. The poor officers or authori- ties above specified, except in the city of New York and in the county of Albany, shall notify the health officer of the town, city or village of any poor or indigent insane or apparently insane person within such munici- pality whom they know to be in need of the relief con- ferred by this chapter. When so notified, or when other- msane The Public Health Manual wise informed of such fact, the health officer of the city, town or village, except in the city of New York and the county of Albany, where such insane or appar- ently insane person may be, shall see that proceedings are taken for the determination of his mental condition and for his commitment to a state hospital. Such health officer may direct the proper poor officer to make an application for such commitment, and, if a qualified medical examiner, may join in making the required cer- tificate of lunacy. When so directed by such health officer it shall be the duty of the said poor officer to make such application for commitment. When notified or informed of any poor or indigent insane or appar- ently insane person in need of the relief conferred by this chapter, such health officer shall provide for the proper care, treatment and nursing of such person, as provided by law and the rules of the commission, pend- ing the determination of his mental condition and his commitment and until the delivery of such insane per- son to the attendant sent to bring him to the state hospital, as provided in this chapter. In the boroughs of Manhattan and the Bronx, in the city of New York, it shall be the duty of the trustees of Bellevue and allied hospitals, and in the boroughs of Brooklyn, Queens and Bichmond, in the city of New York and also in the county of Albany, it shall be the duty of the commissioner of public charities to see that all poor and indigent insane or apparently insaae persons in such boroughs or county, respectively, are properly cared for and treated. It shall also be the duty of such trustees of Bellevue and allied hospitals, or the commissioner of public charities of the city of New York or the county of Albany, to see that proceedings are taken for the deter- mination of the mental condition of any such person in the boroughs or county mentioned, who comes under their observation or is reported to them as apparently Insanity Law 477 insane, and, when necessary, to see that proceedings are instituted for the commitment of such person to an institution for the care of the insane; provided that such report is made by any person with whom such alleged insane person may reside, or at whose house he may be, or by the father, mother, husband, wife, brother, sister, or child of any such person, or next of kin available, or by any duly licensed physician, or by any peace officer, or by a representative of an incorpo- rated society doing charitable or philanthropic work. When the trustees of Bellevue and allied hospitals are thus informed of an apparently insane person, residing in the boroughs of Manhattan or the Bronx, or when the commissioner of public charities of the city of New York is thus informed of an apparently insane person residing in the boroughs of Brooklyn, Queens or Rich- mond, it shall be the duty of these authorities, respect- ively, to send a nurse or a medical examiner in lunacy, attached to the psychopathic wards of their respective institutions, or both, to the place where the alleged insane person resides or is to be found. If, in the judgment of the chief resident alienist of the respective psychopathic wards or of the medical examiner thus sent, the person is in immediate need of care and treat- ment or observation for the purpose of ascertaining his mental condition, he shall be removed to such psycho- pathic ward for a period not to exceed ten days, and the person or persons most nearly related to him, so far as the same can be readily ascertained by such trustees, or commissioner, shall be notified of such removal. When an order of commitment has been made as pro- Procedure when order vided in this chapter, such health officer, or, in the of com- city of New York and in the county of Albany, the ^"^n authorities above specified in their respective boroughs made or county, shall see that such insane persons are, with- out unnecessary delay, transferred to the proper insti- tutions provided for their care and treatment as the The Public Health Manual Confine- ment of insane pending commit- ment wards of the state. Before sending a person to any such institution, they shall see that he is in a state of bodily cleanliness and comfortably clothed with suitable or new clothing, in accordance with the regulations pre- scribed by the commission. Each patient shall be sent to the state hospital, within the district embracing the county from which he is committed, except that the commission may, in its discretion, direct otherwise, but private or public insane patients, for whom homeopathic care and treatment may be desired by their relatives, friends or guardians, may be committed to the Middle- town State Homeopathic Hospital, or the Gowanda State Homeopathic Hospital, from any of the counties of the state, in the discretion of the judge granting the order of commitment; and the hospital to which any patient is ordered to be sent shall, by and under the regulations made by such commission, send a trained attendant to bring the patient to the hospital. Each female com- mitted to any institution for the insane shall be accom- panied by a female attendant, unless accompanied by her father, brother, husband or son. The commission may, by order, direct that any person it deems unsuit- able therefor shall not be so employed or act as such attendant. After the patient has been delivered to the proper officers of the hospital, the care and custody of the municipality from which he is sent shall cease. In no case shall any insane person be confined in any other place than a state hospital or duly licensed insti- tution for the insane, for a period longer than ten days, nor shall such person be committed as a disorderly per- son to any prison, jail or lock-up for criminals. Except in the city of New York and the county of Albany, the health officer of the town, village or city wherein an insane or alleged insane person may be shall see that such person is cared for in a place suitable for the com- fortable, safe and humane confinement of such person, pending the determination of the question of his sanity Insanity Law 479 and until his transfer to a state hospital or some other proper institution for the insane as provided in this chapter. Such person shall not be confined in any such place without an attendant in charge of him, and the said health officer shall select some suitable person to act as such attendant. The proper authorities of any such town, city or county may provide a permanent place for the reception and temporary confinement, care and nursing of insane or alleged insane persons which shall conform in all respects to the rules and requirements of the commis- sion; all poor and indigent insane persons received at any such plaee for investigation of their mental condi- tion or pending commitment and transfer to a state hospital shall be maintained therein at the expense of such town, city or county. Any person apparently in- Arrest f sane, and conducting himself in a manner which in a apparently sane person would be disorderly, may be arrested by pe rson any peace officer and confined in some safe and comfort- able place until the question of his sanity be determined, as prescribed by this chapter. The officer making such arrest shall immediately notify the health officer of the town, village or city, except in the city of New York and in the county of Albany, who shall forthwith take proper measures for the determination of the question of the insanity of such person, and for his proper care and treatment as provided in this section, pending his transfer to an institution for the insane. Whenever in commit- the city of New York an information is laid before a ment °* " apparently magistrate that a person is apparently insane the magis- insane per- trate must issue a warrant directed to the sheriff of the ^Tw Y 0rk county in which the information is made, or any mar- cit y shal or policeman of the city of New York, reciting the substance of the information, and commanding the offi- cer forthwith to arrest the person alleged to be insane, and bring him before the magistrate issuing the war- rant. If upon arraignment it appears to the magistrate issuing the warrant that the person so arraigned before 480 The Public Health Manual him is apparently insane it shall be the duty of the magistrate, if such information is laid in the boroughs of Manhattan and the Bronx, to commit such appa- rently insane person to the care and custody of the board of trustees of Bellevue and allied hospitals at Bellevue hospital, and therein kept in a safe and com- fortable place until the question of Tiis sanity be deter- mined as prescribed by this chapter, and in the boroughs of Brooklyn, Queens and Richmond the said magistrate shall commit such apparently insane person to the care of the commissioner of public charities who shall keep such person in a safe and comfortable place until the question of his sanity be determined as herein pre- scribed. Whenever in the city of New York a person is committed as apparently insane as above provided it shall be the duty of the board of trustees of Bellevue and allied hospitals or the commissioner of public chari- ties, as the case may be, to forthwith take proper meas- ures for the determination of the question of the insan- ity of such person. (Am'd by L. 1910, ch. 608 and L. 1912, ch. 121, in effect April 3, 1912.) Confinement of dangerous insane persons in such man- ner as local health officer shall approve. confine- § gg D u ty of committee and others to care for the ment of ° J „ ; _ insane per- insane; apprehension and confinement of a dangerous pia ce m a p- insane person. When an insane person is possessed of proved by sufficient property to maintain himself, or his father, officer mother, husband, wife or children are of sufficient ability to maintain him, and his insanity is such as to endanger his own person, or the person and property of others, the committee of his person and estate, or such father, mother, husband, wife or children must provide a suit- able place for his confinement, and there maintain him in such manner as shall be approved by the health officer of the town, village or city where he is confined, and in Places for accordance with the rules of the commission. The health ^ nflne " officers of towns, villages and cities, or in the boroughs Insanity Law 481 of Manhattan and the Bronx in the city of New York insane to the board of trustees of Bellevue and allied hospitals, proved by and in the boroughs of Brooklyn, Queens and Richmond nealth in said city, and also in the county of Albany, the com- missioner of public charities are required to see that the provisions of this section are carried into effect in the most humane and speedy manner. Upon the refusal or neglect* of a committee, guardian Appiica- or relative of an insane person to cause him -to be con- ^^^ fined, as required in this chapter, the officers named in ment of this section shall apply, or cause application to be made, SO n n^t^ 1 to a iudge of a court of record of the city or county, or to property J ° j J? confined a justice of the supreme court of the judicial district in which such insane person may reside or be found, who, upon being satisfied, upon proper proofs, that such person is dangerously insane and improperly cared for or at large, shall issue a precept to one or more of the officers named, commanding them to apprehend and con- fine such insane person in some comfortable and safe place; and such officers in apprehending such insane per- son shall possess all the powers of a peace officer execut- ing a warrant of arrest in a criminal proceeding. Un- less an order of commitment has been previously granted, such officers shall forthwith make, or cause to be made, application for the proper order for his commitment to the proper institution for the care, custody and treat- ment of the insane, as authorized by this chapter, and if such order is granted, such officer shall take the neces- sary legal steps to have him transferred to such institu- tion. . Pending such transfer the health officer of the officer to proper town, village or city, and, in the city of New care for insane York and the county of Albany, the officers above named pending for the respective boroughs, or county, shall see that such insane person is cared for in a suitable place and expensed is provided with oroper medical care and nursing. The incurred by health cost and expense incurred by the health officer in the officer performance of his duties under this section shall, when ? arin s for x ' insane 16 482 The Public Health Manual Commit- ment of inebriates and habitual users of narcotics, to private institu- tions allowed by the judge or justice ordering the commitment, be a charge against the town, city or county liable for the costs of the commitment of an insane person under this chapter and shall be paid in the manner prescribed by section eighty- four of this chapter. (Am'd by L. 1910, ch. 608, and L. 1912, ch. 121, in effect April 3, 1912.) § 173. Commitment of inebriates, including habitual users of narcotics, to private institutions. The judge of a court of record in the county or district where an alleged inebriate resides, or a judge of any court of record, may commit such person to any private licensed institution for the insane, in- the manner here- inafter provided, upon a proper application and upon the consent in writing of the trustees, signed by their superintendent or executive officer, upon the certificates in writing made, executed and verified by at least two physicians, qualified to act as medical examiners in lunacy, showing that such person is over the age of eigh- teen years, and is incapable or unfit to properly conduct himself or herself, or his or her affairs, or is dangerous to himself or herself or others by reason of periodical, frequent or constant drunkenness, induced either by the use of alcoholic or other liquors, or of opium, morphine, or other narcotic or intoxicating or stupefying substance. Such certificate must further show that such person is in actual need of special care and treatment, and that his condition is such that his detention, care and treatment in such institution would be likely to effect a cure. Such certificate shall also specifically state the facts and cir- cumstances upon which the judgment of each physician is based and shall show the result of such examination. It must appear upon the face of such certificate that each physician executing the same has made a personal examination of the person alleged to be an inebriate, and that such an examination has been made within ten days prior to the application for the commitment. (Added by L. 1913, ch. 526, in effect May 15, 1913.) Labor Law 483 LABOR LAW (L. 1909, ch. 36, cons. Ch. 31 of Cons. Laws.) § 65. Industrial poisonings to be reported. 1. Every Physicians medical practitioner attending on or called in to visit indu ^tr°iai a patient whom he believes to be suffering from poison- poisonings ing from lead, phosphorus, arsenic, brass, wood alco- hol, mercury or their compounds, or from anthrax, or from compressed air illness, contracted as the result of the nature of the patient's employment, shall send to the commission a notice stating the name and full postal address and place of employment of the patient and the disease from which, in the opinion of the medical practitioner, the patient is suffering, with such other and further information as may be required by the said commission. 2. If any medical practitioner, when required by this Penalty section to send a notice, fails forthwith to send the t0 report- same, he shall be liable to a fine not exceeding ten dollars. 3. It shall be the duty of the commission to enforce Labor com- missioner the provisions of this section, and it may call upon the may call state and local boards of health for assistance. (Added ^loca** 6 by L. 1911, ch. 208 and renumbered and am'd by L. 1913, boards of ch. 145, and L. 1918, ch. 456, in effect May 6, 1918.) SSLce* § 70. Employment of minors. No child under the Employ- ment o: minors age of fourteen years shall be employed, permitted n or suffered to work in or in connection with any factory in this state, or for any factory at any place in this state. No child between the ages of fourteen and sixteen years shall be so employed, per- mitted or suffered to work unless an employment certifi- cate, issued as provided in this article, shall have been theretofore filed in the office of the employer at the place of employment of such child. Nothing herein contained shall prevent a person engaged in farming from permit- 484 The Public Health Manual Farming and gathering produce Birth or baptismal certificate required Other documen- tary evidence of age ting his children to do farm work for him upon his farm. Boys over the age of twelve years may be em- ployed in gathering produce, for not more than six hours in any one day, subject to the requirements of chapter twenty-one of the laws of nineteen hundred and nine, entitled "An act relating to education, constituting chapter sixteen of the consolidated laws," and all acts amendatory thereof. (Am'd by L. 1913, ch. 529, in effect May 15, 1913.) § 71. Employment certificate, how issued. 1. Such cer- tificate shall be issued by the commissioner of health or the executive officer of the board or department of health of the city, town or village where such child resides or is to be employed, or by such other officer thereof as may be designated by such board, department or commissioner for that purpose, upon the applica- tion of the parent, guardian or custodian of the child desiring such employment. Such officer shall not issue such certificate until he has received, examined, ap- proved and filed the following papers duly executed, namely: The school record of such child properly filled out and signed as provided in this article; also, evidence of age showing that the child is fourteen years old or upwards, which shall consist of the evidence thereof provided in one of the following paragraphs of this sub- division and which shall be required in the order herein designated as follows : (a) Birth certificate; passport or baptismal certifi- cate. A duly attested transcript of the birth certifi- cate filed according to law with a registrar of vital statistics or other officer charged with the duty of recording births; or a passport; or a duly attested tran- script of a certificate of baptism showing the date of* birth of such child. (b) Other documentary evidence. In case it shall appear to the satisfaction of the officer to whom appli- cation is made, as herein provided, for an employment Labor Law 485 certificate, that a child for whom such certificate is requested and who has presented the school record, is in fact over fourteen years of age, and that satisfactory documentary evidence of age can be produced, which does not fall within any of the provisions of the preced- ing paragraphs of this subdivision, and that none of the papers mentioned in said paragraphs can be pro- duced, then and not otherwise he shall present to the board of health of which he is an officer or agent, for its action thereon, a statement signed by him showing such facts, together with such papers as may have been produced before him constituting such evidence. The commissioner of health, or when officially authorized, the issuing officer of the board or department of health may then accept such evidence as sufficient as to the age of such child, and a record of such evidence shall be fully entered on the minutes of the board at the next meeting thereof. (c) Physicians' certificates. In cities of the first Physicians' class only, in case application for the issuance of an first class employment certificate shall be made to such officer by Clties a child's parent, guardian or custodian who alleges his inability to produce any of the evidence of age specified in the preceding paragraphs of this subdivision, and if the child is apparently at least fourteen years of age, such officer may receive and file an application signed by the parent, guardian or custodian of such child for physi- cians' certificates. Such application shall contain the alleged age, place and date of birth, and present resi- dence of such child, together with such further facts as may be of assistance in determining the age of such child. Such application shall be filed for not less than sixty days after date of such application for such physi- cians' certificates, for an examination to be made of the statements contained therein, and in case no facts appear within such period or by such examination tend- ing to discredit or contradict any material statement 486 The Public Health Manual Affidavit of parent as to evidence of age Child to appear personally for exam- ination of such application, then and not otherwise the officer may direct such child to appear thereafter for physical examination before two physicians officially designated by the board of health, and in case such physicians shall certify in writing that they have separately examined such child and that in their opinion such child is at least fourteen years of age such officer shall accept such certificates as sufficient proof of the age of such child for the purposes of this section. In case the opinions of such physicians do not concur, the child shall be examined by a third physician and the concurring opin- ions shall be conclusive for the purpose of this section as to the age of such child. 2. Such officer shall require the evidence of age speci- fied in paragraph (a) in preference to that specified in any subsequent paragraph of subdivision one and shall not accept the evidence of age permitted by any subsequent paragraph unless he shall receive and file in addition thereto an affidavit of the parent showing that no evidence of age specified in any preceding para- graph or paragraphs of subdivision one can be pro- duced. Such affidavit shall contain the age, place and date of birth, and present residence of such child, which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath and who shall not demand or receive a fee therefor. 3. Such employment certificate shall not be issued until such child further has personally appeared before and been examined by the officer issuing the certificate, and until such officer shall, after making such exami- nation, sign and file in his office a statement that the child can read and write correctly simple sentences in the English language and that in his opinion the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work it intends to do. Every such employment Labor Law 487 certificate shall be signed, in the presence of the officer issuing the same, by the child in whose name it is issued. In every case, before an employment certificate physical is issued, such physical fitness shall be determined by examina- a medical officer of the department or board of health, who shall make a thorough physical examination of the child and record the result thereof on a blank which shall be prescribed by the commission and which shall set forth such facts concerning the physical con- dition and history of the child as the commission may require. Outside of cities of the first and second class such blanks shall be furnished by the commission. 4. In case the evidence of age, filed as in this section Children provided, shows such child to be fourteen years old but gf te ^ r n fails to show such child to be fifteen years old, no em- y ears of age to ployment certificate shall be issued unless such child, have com- in addition to complying with all the requirements of ^/ementarv this section and producing the school record described course in section seventy-three, shall also present a certificate of graduation properly issued in the name of such child, from a public elementary school, or school equivalent thereto or parochial school, or a pre-academic certifi- cate issued by the regents, or a certificate of the com- pletion of an elementary course issued by the education department. (Amended by L. 1912, ch. 333; L. 1916, ch. 465, and L. 1918, ch. 459, in effect May 6, 1918.) § 72. Contents of certificate. Such certificate shall contents of state the date and place of birth of the child, and cer * ca e describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that the papers required by the preceding section have been duly examined, approved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been examined. § 73. School record, what to contain. The school school record required by this article shall be signed by record the principal or chief executive officer of the school 4SS The Public Health Manual which such child has attended and shall be furnished, on demand, to a child entitled thereto or to the board, department or commissioner of health. It shall contain a statement certifying that the child has regu- larly attended the public schools or schools equivalent thereto, or parochial schools, for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday, or during the twelve months next preceding his application for such school record and is able to read and write simple sentences in the English language, and has received during such period instruction in reading, spelling, writing, English grammar and geography and is familiar with the funda- mental operations of arithmetic up to and including fractions and has completed the work prescribed for the first six years of the public elementary school or school equivalent thereto or parochial school from which such school record is issued. Such school record shall also give the date of birth and residence of the child as shown on the records of the school and the name of its parent or guardian or custodian. (Amended by L. 1913, ch. 144, in effect Oct. 1, 1913.) super- § 75. Supervision over issuance of certificates. The board or department of health or health commissioner of a city, village or town, shall transmit, between the first and tenth day of each month, to the commissioner of labor, a list of the names of all children to whom certificates have been issued during the preceding month together with a duplicate of the record of every exami- nation as to the physical fitness, including examinations resulting in rejection. Such list shall be accompanied by a statement in a form which shall be prepared and furnished by the commissioner of labor, certifying to the kinds of evidence i n case application for the issuance of an certificates employment certificate shall be made to such officer by a child's parent, guardian or custodian who alleges his inability to produce any of the evidence of age specified in the preceding paragraphs of this subdivision, and if the child is apparently at least fourteen years of age, such officer may receive and file an application signed by the parent, guardian or custodian of such child for physi- cians' certificates. Such application shall contain the alleged age, place and date of birth, and present resi- dence of such child, together with such further facts as may be of assistance in determining the age of such child. Such application shall be filed for not less than sixty days after date of such application for such physi- cians' certificates, for an examination to be made of the statements contained therein, and in case no facts appear within such period or by such examination tending to discredit or contradict any material statement of such application, then and not otherwise the officer may direct such child to appear thereafter for physical examination before two physicians officially designated by the board of health, and in case such physicians shall certify in writing that they have separately examined such child and that in their opinion such child is at least fourteen years of age such officer shall accept such certificates as sufficient proof of the age of such child for the purposes of this section. In case the opinions of such physicians do not concur, the child shall be ex- amined by a third physician and the concurring opinions shall be conclusive for the purpose of this section as to the age of such child. Affidavit of ^. Such officer shall require the evidence of age parent as specified in paragraph (a) in preference to that speci- to evidence / . , ,/ , - ,,... of age fied in any subsequent paragraph of subdivision one and shall not accept the evidence of age permitted by any subsequent paragraph unless he shall receive and Labor Law 495 file in addition thereto an affidavit of the parent show- ing that no evidence of age specified in any preceding paragraph or paragraphs of subdivision one can be pro- duced. Such affidavit shall contain the age, place and date of birth, and present residence of such child, which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath and who shall not demand or receive a fee therefor. 3. Such employment certificate shall not be issued Empioy- until such child further has personally appeared before ^gcates^ and been examined by the officer issuing the certificate, mercantile J b ' establish- and until such officer shall, after making such exami- ments nation, sign and file in his office a statement that the child can read and write correctly simple sentences in the English language and that in his opinion the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work it intends to do. Every such employment cer- ph ys i C ai tificate shall be signed in the presence of the officer examina- issuing the same, by the child in whose name it is issued. In every case, before an employment certificate is issued, such physical fitness shall be determined by a medical officer of the department or board of health, who shall make a thorough physical examination of the child and record the result thereof on a blank which shall be prescribed by the commission and which shall set forth such facts concerning the physical con- dition and history of the child as the commission may require. Outside of cities of the first and second class such blanks shall be furnished by the commission. 4. In case the evidence of age, filed as in this sec- Educa- tion provided, shows such child to be fourteen years re qu^ r e- old but fails to show such child to be fifteen years old, ments children. no employment certificate shall be issued unless such under child, in addition to complying with all the require- fifteen 496 The Public Health Manual ment merits of this section and producing the school record described in section seventy-three, shall also present a certificate of graduation properly issued in the name of such child, from a public elementary school, or school equivalent thereto, or parochial school, or a preacademic certificate issued by the regents, or a certificate of the completion of an elementary course issued by the education department. (Am'd by L. 1918, ch. 459, in effect May 6, 1918.) contents § 164. Contents of certificate. Such certificate shall SentTel - 7 " state the date and P laCe ° f birtn ° f the child > and tificate, describe the color of hair and eyes and the height and mercantile .-,. t -,. ,. .-,. ,. • ■• i » establish- weight and any distinguishing facial marks of such child, and that the papers required by the preceding section have been duly examined, approved and filed and that the child named in such certificate has ap- peared before the officer signing the certificate and been examined. § 165. School record, what to contain. The school record required by this article shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished on demand to a child entitled thereto or to the board, department or commissioner of health. It shall contain a statement certifying that the child has regularly attended the public schools or schools equivalent thereto or parochial schools for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday, or during the twelve months next preceding his application for such school record, and is able to read and write simple sentences in the English language, has received during such period in- struction in reading, spelling, writing, English grammar and geography, and is familiar with the fundamental operations of arithmetic up to and including fractions and has completed the work prescribed for the first six years of the public elementary school or school equiva- lent thereto or parochial school, from which such School record Labor Law 497 school record is issued. Such school record shall also give the date of birth and residence of the child as shown o "> the records of the school and the name of its parent or guardian or custodian. (Am'd by L. 1913, ch. 144, in effect Oct. 1, 1913.) § 165-a. Summer vacation permit. During the summer months of July and August, children between the ages vacat . 1 ° n J G ' to permit of fourteen and sixteen years, notwithstanding the provisions of sections one hundred and sixty-two and one hundred and sixty-three of this chapter, may be employed in or in connection with any mercantile estab- lishment or business office in cities or villages upon obtaining the summer vacation permit herein pro- vided for. iSuch permit shall bear conspicuously across the face the following words in red ink : " Summer vacation permit good only from July first until August thirty-first inclusive." The summer vacation permit shall differ in size and color from the employment certificate and shall not be granted unless all the pro- visions of section one hundred and sixty-three, except that relating to the filing of a school record, shall have been complied with. No summer vacation permit shall certificate be granted until the officer issuing employment cer- of sch001 tificates shall receive, examine and file, in lieu of a required school record, a certificate of attendance, which shall contain a statement certifying that the child has regu- larly attended the public schools or schools equivalent thereto or parochial schools for not less than one hun- dred and thirty days during the twelve months next preceding his fourteenth birthday, or during the twelve months next preceding his application for such summer vacation permit. The certificate of attendance herein required shall be issued in the same manner as pre- scribed in section one hundred and sixty-five regulating the issuance of school records. The officer issuing employment certificates shall not Summer issue a summer vacation permit until he has also re- permit ceived, examined and filed a statement signed by the 498 The Public Health Manual Statement by pro- spective employer Summer vacation permit prospective employer, or some one duly authorized on his behalf, showing that he expects to give such child present employment and setting forth the character of the work to be required. The summer vacation permit herein described shall be granted to the pro- spective employer and shall contain, in addition to the contents prescribed for the employment certificate, the name of the employer and the address at which the child is to be employed, and shall be forwarded by mail by the issuing officer to such employer, and shall be valid for the employment of the child named therein by the employer to whom it is granted, and only dur- ing the months of July and August. It shall be the duty of every person to whom a sum- mer vacation permit has been granted to return such permit by mail to the issuing officer as follows: 1. Within three days after its receipt, in case the child for whose employment it was granted is not employed ; 2. Within three days after the termination of the employment of the child, if occurring within the per- mitted period of summer employment; 3. Within three days after August thirty-first, in case such child is employed until the termination of the permit. Any person, firm or corporation who fails to return the summer vacation permit when required to do so by this section, or who employs a child under sixteen years of age upon a summer vacation permit, except during the months of July and August, shall be guilty of a misdemeanor. The issuing officer to whom a summer vacation per- mit has been returned shall file said permit and preserve it for at least one year. Any child whose summer vacation permit has been returned as above provided and who, after re-examination, is found to be physically fit to perform the work for which the new Labor Law 499 permit is to be granted, shall be entitled to a new permit upon presentation of a statement from a prospective employer as hereinbefore provided. (Added by L. 1918, ch. 628, in effect May 11, 1918.) § 166. Supervision over issuance of certificate. The super- board or department of health or health commissioner issuance of a city, village or town, shall transmit, between the of cer ~ first and tenth day of each month, to the commissioner of labor, a list of the names of all children to whom certificates have been issued during the preceding month, together with a duplicate of the record of every examina- tion as to physical fitness, including examinations re- sulting in rejection. Such list shall be accompanied by a statement in a form which shall be prepared and fur- nished by the commissioner of labor, certifying to the kinds of evidence of age, together with the number of each specified kind, accepted by the officer issuing em- ployment certificates as proof of age for the granting of employment certificates. The board or department of health or health commissioner of a city, village or town shall likewise transmit weekly to the superintendent of schools of each such locality, a list of the names and home addresses of all children granted or refused em- ployment certificates, together with a statement showing in each rejected case the reason for such refusal. In cities of the first and second class all employment certificates and school records required under the pro- visions of this chapter shall be in such form as shall be approved by the commissioner of labor. In towns, vil- lages or cities other than cities of the first or second class, the commissioner of labor shall prepare and fur- nish blank forms for such employment certificates and school records. No school record or employment certifi- Super- * vision cate required by this article, other than those approved over issu- er furnished by the commissioner of labor as above pro- ge r c t ^ fiC a te s vided, shall be used. The commissioner of labor shall inquire into the administration and enforcement of the 500 The Public Health Manual provisions 01 this article by all public officers charged with the duty of issuing employment certificates, and for that purpose the commissioner of labor shall have access to all papers and records required to be kept by all such officers. The commissioner of labor shall transmit to the local superintendent of schools between the first and tenth day of each month, on forms prepared and fur- nished by the state education department, a list of the names and home addresses of all children under sixteen years of age found during the preceding month, working illegally in factories or for any factory at any place or in any establishment specified in section one hundred and sixty-one of this chapter. (Added by L. 1913, cli. 144, and amended by L. 1917, ch. 536, in effect May 17, 1917.) Registry § 167. Registry of children employed. The owner, employed 1 " 611 mana g er or agent of a mercantile or other establish- mercantiie ment specified in section one hundred and sixty-one, ment ' " employing children, shall keep or cause to be kept in the office of such establishment, a register, in which shall be recorded the name, birthplace, age and place of residence of all children so employed under the age of sixteen years. Such register and the certificate filed in such office shall be produced for inspection, upon the demand of an officer of the board, department or com- missioner of health of the town, village or city where such establishment is situated, or if such establishment is situated in a city of the first or second class, upon the demand of the commissioner of labor. On termina- tion of the employment of the child so registered and whose certificate is * so filed, such certificate shall be forthwith surrendered by the employer to the child or Health its parent or guardian or custodian. An officer of the demand may board, department or commissioner of health of the evidence town, village or city where a mercantile or other estab- lishment mentioned in this article is situated, or if such establishment is situated in a city of the first or second Labor Law 501 class the commissioner of labor may make demand on an employer in whose establishment a child apparently under the age of sixteen years is employed or permitted or suffered to work, and whose employment certificate is not then filed as required by this chapter, that such Registry employer shall either furnish him, within ten days, employed, evidence satisfactory to him that such child is in fact ™ ercan - " . tile estab- over sixteen years of age, or shall cease to employ or nshment permit or suffer such child to work in such establish- ment. The officer may require from such employer the eame evidence of age of such child as is required on the issuance of an employment certificate and the employer furnishing such evidence shall not be required to fur- nish any further evidence of the age of the child. A notice embodying such demand may be served on such employer personally or may be sent by mail addressed to him at said establishment, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the employer is a corporation such notice may be served either person- ally upon an officer of such corporation, or by sending it by post addressed to the office or the principal place of business of such corporation. The papers constituting such evidence of age furnished by the employer in re- sponse to such demand shall, except in cities of the first and second class, be filed with the board, department or commissioner of health, and in cities of the first and second class with the commissioner of labor, and a material false statement made in any such paper or affidavit by any person shall be a misdemeanor. In case such employer shall fail to produce or deliver to the officer of the board, department or commissioner of health, or in cities of the first and second class to the commissioner of labor, within ten days after such de- mand such evidence of age herein required by him, and shall thereafter continue to employ such child or permit or suffer such child to work in such mercantile or other 502 The Public Health Manual Lunch- room in mercantile establish- ment Employ- ment of women and children in basements, mercantile establish- ments establishment, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this article that such child is under sixteen years of age and is unlawfully employed. (Amended by L. 1913, ch. 145, § 14, in effect Mch. 28, 1913.) § 169. Lunch-rooms. If a lunch-room is provided in a mercantile establishment where females are employed, such lunch-room shall not be next to or adjoining the water-closets, unless permission is first obtained from the board or department of health or health commis- sioners of the town, village or city where such mercan- tile establishment is situated, unless such establish- ment is situated in a city of the first or second class in which case such permission must be obtained from the commissioner of labor. Such permission shall be granted unless it appears that proper sanitary conditions do not exist, and it may be revoked at any time by the board or department of health or health commissioners, if it appears that such lunch-room is kept in a manner or in a part of a building injurious to the health of the em- ployees, unless such establishment is situated in a city of the first or second class, in which case said permis- sion may be so revoked by the commissioner of labor. (Amended by L. -1913, ch. 145, in effect March 28, 1913.) § 171. Employment of women and children in base- ments. Women or children shall not be employed or permitted to work in the basement of a mercantile establishment, unless permitted by the board or depart- ment of health, or health commissioners of the town, village or city where such mercantile establishment is situated, unless such establishment is situated in a city of the first or second class in which case such permission must be obtained from the commissioner of labor. Such permission shall be granted unless it appears that such basement is not sufficiently lighted and ventilated, and is not in good sanitary condition. (Amended by L. 1913, ch. 145, § 14, in effect March 28, 1913.) Labor Law 503 172. Enforcement of article. Except in cities of Enforce- ment c article the first and second elass the board or department of n health or health commissioners of a town, village or city affected by this article shall enforce the same and prosecute all violations thereof. Proceedings to prose- cute such violations must be begun within sixty days after the alleged offense was committed. All officers and members of such boards or department, all health commissioners, inspectors and other persons appointed or designated by such boards, departments or commis- sioners may visit and inspect, at reasonable hours and when practicable and necessary, all mercantile or other establishments herein specified within the town, village or city for which they are appointed. No person shall interfere with or prevent any such officer from making such visitations and inspections, nor shall he be ob- structed or injured by force or otherwise while in the performance of his duties. All persons connected with any such mercantile or other establishment herein specified shall properly answer all questions asked by such officer or inspector in reference to any of the pro- visions of this article. In cities of the first and second Enforce- ment of class the commissioner of labor shall enforce the pro- article visions of this article, and for that purpose he and his subordinates shall possess all powers herein conferred • upon town, village, or city boards and departments of health and their commissioners, inspectors, and other officers, except that the board or department of health of said cities of the first and second class shall continue to issue employment certificates as provided in section one hundred and sixty-three of this chapter. (Amended by L. 1913, ch. 145, § 14, in effect March 28, 1913.) LABOR CAMPS To be maintained in sanitary condition. Labor Law, § 98. Regulations to be observed, permit required. Sanitary Code, ch. V ( p. . 347 ) . The Public Health Manual REGISTRATION AND SUPERVISION OF LABORATORIES (Chap. 411, L. 1917) § 1. All laboratories and other places where live pathogenic germs are handled or cultivated, shall be registered with the New York 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 per- son, firm or corporation in charge of the laboratory or other place where such germs are handled. The regis- tration number shall be valid for one year, at the expiration of which time it may be renewed upon application. § 2. All live pathogenic germs or cultures f of such germs when given away or sold by a laboratory or other person, shall bear a label on the container show- ing the registration number of the laboratory or other person, the name of the person or firm obtaining same, and the destination of the germs, and no person or laboratory shall sell or convey any live germs or culture to any other person or laboratory without the per- mission of the state commissioner of health, providing, however, that nothing herein contained shall apply to places where live pathogenic germs or cultures of such germs are handled for duly organized public health boards or departments and for no other person or institution. § 3. A registration fee of one dollar shall be charged to cover the cost of issuing the registration number. § 4. Any violation of this act shall be deemed a misdemeanor punishable by a fine of two hundred dol- lars, six months' imprisonment or both. § 5. This act shall take effect July first, nineteen hundred and seventeen. (Became a law May 8, 1917.) fSee Sanitary Code, chap. II, Reg. 43, p. 326 Liquor Tax Law 505 LAKE GEORGE Deposit of dead animals, sewage, etc., in, prohibited. Navigation Law, § 52. Health district. Public Health Law, § 22 (p. 35). LIQUOR TAX LAW (L. 1909, ch. 39, cons: ch. 34 of the Cons. Laws.) ' § 29. Persons to whom liquor shall not be sold or given away. No corporation, association, copartnership or person, whether taxed under this chapter or not, shall sell, deliver or give away or cause or permit or procure to be sold, delivered or given away any liquors to: # # «• * * * * * * * * 6. To any person confined in or committed to a state selling or prison, jail, penitentiary, house of refuge, reformatory, j}™^, \ n s protectory, industrial school, asylum or state hospital, inmates of . . institu- or any inmate of a poorhouse, or any patient m any tions or colony or institution established for the care or treat- of tuber - ^ culosis ment of epileptics, or any person affected with tuber- camp or culosis in a camp, colony or hospital established by forbidden state, county or municipal authority and under the management and control thereof, except upon a written prescription from a physician to such institution, colony, camp or hospital, specifying the cause for which such prescription is given, the quantity and kind of liquor which is to be furnished, the name of the person for whom and the time or times at which the same shall be furnished. Such prescription shall not be made unless the physician is satisfied that the liquor furnished is necessary for the health of the person for whose use it is prescribed, and that fact must be stated in the prescription; (Section amended by L. 1910, ch. 307, and L. 1917, ch. 623, in effect May 22, 1917.) 506 The Public Health Manual MARRIAGE When void and voidable. Domestic Relations Law, § § 5-7 ( p. 425 ) . After divorce for adultery. Domes- tic Relations Law, § 8 (p. 426). Solemnization, proof and effect. Domestic Relations Law, §§ 10-25 (p. 42S). Unlawful solemnizing. Penal Law, § 1450 (p. 517). Unlawful procurement of license. Penal Law, § 1451 (p. 518). MATTRESSES Manufacture and sale regulated. General Business Law, §§ 3>89-m-389-w (p. 454). Penal Law, § 444- (p. 511). MEDICINE Practice of. Public Health Law, § 160 (p. 100). Careless distribution of samples. Penal Law, § 1747 (p. 521). For treatment of venereal disease, to be dispensed only by licensed physician, or upon physi- cian's prescription. Public Health Law, § 343-q (p. 240). MILK Provisions as to dairy products. Agricultural Law, §§ 30-61 (p. 363). Used in state institutions, exami- nation by Commissioner of Agriculture. Agricultural Law, § 12 (p. 363). Skimmed milk. Penal Law, § 438 (p. 511). Regulations regarding sale of milk and cream at retail. Sanitary Code, Chap. Ill (p. 333). License to sell, forbidden. Town Law, § 210 ( p. 544 ) . General Municipal Law, § 81 (p. 465). Village Law, § 91 (p. 569). MOSQUITOES Drainage of breeding places. Public Health Law, §§ 27-30 (p. 40). Extermination commission in certain counties. Public Health Law, §§ 400-418 (p. 272). Drainage for protection of public health Mosquitoes 507 petition, etc. Drainage Law, Art. II, §§ 2-19. Powers and duties of Conservation Commission as to drainage of land. Conservation Law, Art. VIII. Suffolk county. L. 1916, ch. 246. Extermination of mosquitoes, Suffolk county, t § 1. The town board of any town in the county of Suffolk may establish one or more districts for th© purposes of this act within the town and outside the boundaries of any incorporated village, on the petition of a majority of the owners of taxable real property in the proposed district. The petition must be signed by the petitioners and acknowledged in the same manner as a deed to be recorded. Such petition, accom- panied with a map showing the boundaries of the pro- posed district, shall be filed with the town clerk. If any such district be established, the town board shall thereafter include in the annual budget of taxes to be levied by the board of supervisors a sum not exceeding eight hundred dollars for the extermination of mos- quitoes in such district, which sum shall be levied by such board of supervisors upon the property subject to taxation in the district as so established. For the purpose of the levying of such tax, the town board shall apportion the same pro rata upon such taxable prop- erty and transmit a certified statement thereof to the board of supervisors. Such apportionment shall be on the basis of the valuation of such property as fixed by the last preceding assessment roll of the town. After the boundaries of such district shall have been estab- lished, if any farm or lot or the real property of a corporation or joint stock association shall have been divided by any such boundary line, it shall be the duty of the town assessors after fixing the valuation of the t See § 400, Public Health Law, p. 272. County Mosquito Extermi- nation Commission 508 The Public Health Manual whole of such real property as now required by law to determine what portion of such valuation is on account of that part of such real property lying within such district. § 2. The tax provided for in this act shall when collected be paid to the supervisor, who shall pay the same over as needed to a committee to be elected as hereinafter provided. Such committee shall have charge of the expenditure of the moneys so paid over for the extermination of mosquitoes in such district. § 3. A public meeting of electors residing in such district and owning taxable property therein shall be held annually in the month of September at a time and at a place in such village to be designated by the town clerk, for the purpose of electing a committee for the extermination of mosquitoes, for the ensuing year. The number of members to serve on the committee shall be determined at each meeting, but shall not exceed seven persons. No person shall be qualified to serve on such committee who is not at the time a resident taxpayer of such district. Notice of such meet- ing, including a statement of its objects and purposes and of the time and place of holding the same shall be given by publication in a newspaper in such town once a week for the preceding four weeks. No person shall be entitled to vote at such meeting who is not an elector and taxpayer residing in such district. A chairman and two inspectors of election shall be chosen by the persons entitled to vote at the meeting, and all voting shall be by ballot. The chairman shall announce the result of the vote upon any question or for candi- dates for membership in such committee, and the result of such vote shall be certified by the chairman and said inspectors to the town clerk. Such certificate shall be sufficient warrant to the supervisor to pay over to the persons certified to have been elected any moneys in his hands available for the purposes of this act. Such Nuisances 509 committee shall file with the town clerk annually on the first day of October a report of its proceedings for the previous year. Such report shall set forth in detail the moneys received and expended, the manner of such expenditure and the work accomplished. (Added by 1*. 1916, chap. 246; in effect April 17, 1916.) NARCOTICS Administering to another. Penal Law, § 242. Fur- nishing narcotics or tobacco to children. Penal Law, § 484 (p. 514). Department of narcotic drug con- trol. Public Health Law, §§ 420-444 (p. 280). Com- mitment of habitual user. Insanity Law, § 173 (p. 482). NAVIGATION LAW § 52. Deposit of dead animals, carrion, offal, excre- ment, garbage or other putrid or offensive matter in waters of Lake George or iSchroon Lake prohibited. Violation a misdemeanor. § 53. Deposit of dead animals, carrion, offal, or other putrid or offensive matter in St. Lawrence Hiver prohibited. Violation a misdemeanor. NUISANCES Investigation at order of governor. Public Health Law, § 6 (p. 17). Suppression by local board of health. Public Health Law, §§ 26-38 (p. 40). Fat rendering establishments near cities. Public Health Law, § 39 (p. 50). Maintained by corporation located in adjoining state — forfeiture of charter. General Corporation Law, §§ 200-202 (p. 461). Pub- lic nuisance defined. Penal Law, § 1530 (p. 518). ISTot less a nuisance because damage unequal. Penal Law, § 1531 (p. 518). Maintaining a nuisance, a misde- meanor. Penal Law, § 1532 (p. 518). Abutment of nuisances. Sanitary Code, Chapter VI (p. 353). Civil actions relating to. Code Civ. Proc. §§ 1660- 510 The Public Health Manual 1663. Abatement, power of town meeting, Town Law, § 43. Action by commissioner of public safety to restrain, second class cities. Sec. Class Cities Law, § 152. Sup- pression of certain. Article XVII-A Public Health Law (p. 234). NURSES Examination and registration. Public Health Law, §§ 250-253 (p., 169). Commissioner of health may em- ploy. Public Health Law, § 4-a (p. 14). Public health council prescribe qualifications. Public Health Law, § 2-c. Written reports presumptive evidence. Public Health Law, § 21-b (p. 34). Not to be sued. Public Health Law, § 2H-b (p. 314). Health officer may' employ public health nurses. Public Health Law, § 21-c ( p. 35 ) . Failure to report sore eyes of infant. Penal Law, § 482 (p. 512). May report apparent case of tuberculosis. Public Health Law § 320 (p. 214). Health officer may have tuberculosis cases visited by. Public Health Law, § 328 (p. 222). Board of mana- gers of county tuberculosis hospital may employ. County Law, § 47 (p. 416). Duty as to disinfection of dis- charges. Sanitary Code, Chap. II, Reg. 17 (p. 312). Duty as to disinfection of excreta. Sanitary Code, Chap. II, Reg. 16 ( p. 312 ) . Duty to disinfect person. Sanitary Code, Chap, II, Reg. 48 (p. 329). To observe precau- tions. Sanitary Code, Chap. II, Reg. 1® (p. 3H3). To report cases of disease presumably communicable. Sanitary Code, Chap. II, Reg. 6 (p. 308). To report food poisoning. Sanitary Code, Chap. II, Reg. 41 ( p. 324 ) . School, to aid medical inspector. Education Law, § 571 (p. 442). OPTOMETRY Practice of. Public Health Law, §§ 300-308 (p. 189). Penal Law 511 OSTEOPATHY Practice of. Public Health Law, § 173 (p. 112). OYSTERS AND SHELLFISH Sanitary inspection of shellfish grounds. Conserva- tion Law, §§ 310-313 and § 326 (p. 400). PENAL LAW (L. 1909, ch. 88, const, ch. 40 of Cons. Laws) ARTICLE XVI Keeping milch cows in unhealthy places and feeding them with food producing unwholesome milk. § 192. A person who keeps a cow or any animal for Milch cows the production of milk, in a crowded or unhealthy place, Wealthy or in a diseased condition, or feeds such cow or animal places and upon any food that produces impure or unwholesome fed milk, is punishable by a fine not less than fifty dollars, or imprisonment not exceeding one year, or by both. ARTICLE XL § 438. Skimmed milk. A person who sells or offers skimmed for sale, milk from which the whole or a part of the milk cream has been skimmed or removed, without disclos- ing the fact, or having a mark or label, plainly and legibly stating the fact, conspicuously affixed to every can or vessel containing the same, under circumstances not constituting an offense, for the punishment of which provision is otherwise specially made by statute, is guilty of a misdemeanor. § 444. Manufacture and sale of mattresses. AnyMamifac- person who 1. Manufactures, sells, offers for sale or Jj™ * f nd possesses with intent to sell any mattress not properly mattresses branded or labeled, as required by the general business law, or 512 The Public Health Manual 2. Manufactures, sells, offers for sale or possesses with intent to sell any mattress which is falsely branded or labeled, or 3. Uses in the manufacture of mattresses any cotton or other material which has been used as a mattress, pillow or bedding in any public or private hospital, or which has been used by any person having an infectious or contagious disease, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dol- lars or by imprisonment for not more than six months or by both. (Added by L. 1913, ch. 503, in effect Jan. 1, 1914.) ARTICLE XLIV Children Failure to § 482. Unlawfully omitting to provide for child. A food Sh person who: 1. Wilfully omits, without lawful excuse, clothing or to perform a duty by law imposed upon him to furnish attendance food, clothing, shelter or medical attendance to a minor, to a mmor or ^ Q ma k e suc h payment toward its maintenance as may have been required by the order of a court or magistrate when such minor has been, committed to an institution; or, Takes 2. Not being a superintendent of the poor, or a super- board or intendent of almshouses, or an institution duly incor- maternity porated for the purpose without having first obtained a hospital license in writing so to do from the board of health of permit the city or town wherein such females or children are received, boarded or kept, erects, conducts, establishes or maintains any maternity hospital, lying-in asylum where females may be received, cared for or treated during pregnancy, or during or after delivery; or re- ceives, boards or keeps any nursing children, or any children under the age of twelve years not his relatives, apprentices, pupils or wards without legal commitment; or, 3. Being a midwife, nurse or other person having the Penal Law 513 care of an infant within the age of two weeks neglects Neglects to or omits to report immediately to the health officer or re P° rt sor e r « _ eyes of to a legally qualified practitioner of medicine of the infant city, town or place where such child is being cared for, the fact that one or both eyes of such infant are in- flamed or reddened whenever such shall be the case, or who applies any remedy therefor without the advice, or except by the direction of such officer or physician; or, 4. Neglects, refuses or omits to comply with any pro- visions of this section, or violates the provisions of such license, Is guilty of a misdemeanor. Every such license must specify the name and resi- License to dence of the person so undertaking the care of such maternity females or children, and the place and the number of hos P. ltal or ' r . receive females or children thereby allowed to be received, children to boarded and kept therein, and shall be revocable at will by the authority granting it. Every person so licensed must keep a register wherein he shall enter the names and ages of all such children and of all children born on said premises, and the names and residences of their parents, as far as known, the time of the reception and discharge of such children and the reasons therefor, and also a correct register of the name and age of every child under the age of five years who is given out, adopted, taken away or indentured from such place to or by any one, together with the name and residence of the person so adopting, taking or indenturing such child; and shall cause a correct copy of such register to be sent to the authority issuing such license within forty-eight hours after such child is so given out, adopted, taken away or indentured. It shall be lawful for the officers of any incorporated society for the prevention of cruelty to children and of such board of health at all reason- able times to enter and inspect the premises wherein such females and children are so boarded, received or kept, and also such license, register and the children. 17 514 The: Public Health Manual written 5. No institution shall be incorporated for any of the consent of purposes mentioned in this section except with the writ- supreme ■*• r court ten consent and approbation of a justice of the supreme state^bo^-d court, upon the certificate in writing of the state board of charities f charities approving of the organization and incor- necessary , r ■ - before in- poration of such institution. The said board of chari- corpora ion ^ eg ma y a ppjy ^ ^g SU preme court for the cancellation of any certificate of incorporation previously filed with- out its approval, and may institute and maintain an action in such court through the attorney-general to procure a judgment dissolving any such corporation not so incorporated and forfeiting its corporate rights, privi- leges and franchises.f Giving § 484. Permitting children to attend certain resorts. Sren A person who: * * * 3. Sells or gives away, or causes or permits or pro- cures to be sold or given away to any child actually or apparently under the age of sixteen years any beer, ale, wine, or any strong or spirituous liquor; or, * * * Furnish- 5. Sells, pay for or furnishes any cigar, cigarette t" g chiWren or tobacco in any of its forms to any child actually or apparently under the age of eighteen years; or, (iSubd. am'd by L. 1917, ch. 564, in effect Sept. 1, 1917.) Is guilty of a misdemeanor. It shall be no defense to a prosecution for a violation of subdivisions three, four, five or six of this section, that in the transaction upon which the prosecution is based the child acted as the agent or representative of another, or that the defendant dealt with such child as the agent or representative of another. Furnish- § 489. Furnishing minors in reformatories with t° g mi°nors C ° tobacco regulated. A person or officer who sells or in re- gives anv cigar, cigarette, snuff or tobacco in any of formatories & J ° . ~ its forms to any minor undergoing confinement or t Section 130, Membership Corporations Law gives method of incor- porating hospitals, dispensaries, etc. Penal Law 515 sentence in any reformatory, penitentiary or house of refuge in this state, except by the authority of the managers of such institutions, is guilty of a misde- meanor. (Amended by L. 1917, ch. 263, in effect April 25, 1917.) ARTICLE CV1 § 1142-a. Advertisements relating to certain diseases ^e^f 166 " prohibited. Whoever publishes, delivers or distributes relating to ven6r6s.l or causes to be published, delivered or distributed in disease any manner whatsoever an advertisement concerning a venereal disease, lost manhood, lost vitality, impotency, sexual weakness, seminal emissions, varicocele, self- abuse or excessive sexual indulgence and calling atten- tion to a medicine, article or preparation that may be used therefor or to a person or persons from whom or an office or place at which information, treatment or advice relating to such disease, infirmity, habit or con- dition may be obtained, is guilty of a misdemeanor and upon conviction thereof shall be punished by imprison- ment for not more than six months, or by fine of not less than fifty dollars nor more than five hundred dollars, or by both such fine and imprisonment. This section, however, shall not apply to didactic or scientific treatises which do not advertise or call attention to any person or persons from whom or any office or place at which information, treatment or advice may be obtained, nor shall it apply to advertisements or notices issued by an incorporated hospital or a licensed dispensary or by a municipal board or department of health or by the department of health of the state of New York. (Added by L. 1917, ch. 487, in effect Sept. 1, 1917.) § 1146. Keeping disorderly houses. Whosoever shall keep or maintain a house of ill-fame or assignation of any description or place for the encouragement or prac- tice by persons of lewdness, fornication, unlawful sexual intercourse or for any other indecent or disorderly act 516 The Public Health Manual or obscene purpose therein or any place of public resort at which the decency, peace or comfort of a neighborhood is disturbed shall be guilty of a misdemeanor. When the lessees, proprietor, or keeper of a disorderly house or other building or any other person is convicted under this section, the lease or contract for letting the premises or the part thereof in which such violation occurred shall, at the option of the owner, agent or lessor, become void and the owner, agent or lessor may have the like remedy to recover the possession as against a tenant holding over after the expiration of his term. Whosoever as owner, agent or lessor shall agree to lease or rent or contract for letting any building or part thereof knowingly or with good reason to know, that it is intended to be used for any of the uses or pur- poses herein prohibited or whosoever as owner, agent or lessor knowingly or with good reason to know per- mits any house or room or other part of any building or premises of which he may be the owner, agent or lessor to be used in whole or in part for any of the uses or purposes herein prohibited, shall be guilty of a mis- demeanor. Upon conviction of any person for a violation of the provisions of this section, the court before whom such conviction shall have been had, or the clerk of such court if there be a clerk, shall forthwith make and file in the office of the clerk of the county, in which said conviction shall have been had, a certified statement of said conviction and sentence, if any; and the clerk of said county shall immediately enter in the judgment docket book in said office the amount of the penalty or fine imposed, as a judgment against the person so con- victed or sentenced. All persons convicted under this section in all places to which chapter six hundred and fifty-nine of the laws of nineteen hundred and ten applies shall be identified Penal Law 517 as provided for in section seventy-eight of that chapter. (Amended by L. 1910, ch. 619, and L. 1913, ch. 591, in effect May 17, 1913.) § 1423. Injuring * * * sewer * * * or other property. A person who wilfully or maliciously dis- places, removes, injures, or destroys: ************* 8. A sewer or drain, or a pipe or main connected therewith or forming part thereof; or, ************** is punishable by imprisonment for not more than two years. ************** (Section am'd by L. 1911, ch. 316, and L. 1915, ch. 150.) ARTICLE CXXXVI § 1450. Solemnizing unlawful marriages and unlaw- Soiemniz- ful solemnizing of marriages. A minister or magis- f U i mar- trate who solemnize" 5 a marriage when either of the "ni|^ fu u n y d parties is known to him to be under the age of legal solemnizing , , , . , . , marriages consent, or to be an idiot or insane person, or a mar- riage to which within his knowledge a legal impediment exists, or any person not authorized by the laws of this state to perform marriage ceremonies who shall sol- emnize or presume to solemnize, with intent to deceive, any marriage between any parties is guilty of a mis- demeanor. Until a marriage has been dissolved or annulled by a proper tribunal or court of competent jurisdiction, any person who shall assume to grant a divorce, in writing, purporting to divorce husband and wife and permitting them or either of them to lawfully marry again, shall be guilty of a misdemeanor punish- able by fine for the first offense not exceeding five hundred dollars, and for the second offense one thousand dollars, or imprisonment not exceeding one year, or both such fine and imprisonment. (Am'd by L. 1916, ch. 368, in effect Sept. 1, 1916.) 51S The Public Health Manual Unlawful procure- ment of marriage license Public nuisance denned Unequal damage Maintain- ing a. nuisance § 1451. Unlawful procurement of marriage license. A person who, having a husband or wife living, takes out a license to marry another person, is guilty of a misdemeanor. The exceptions in section three hundred and forty-one of this chapter are applicable to this section. (Added by L. 1916, ch. 482, in effect May 9, 1916.) ARTICLE CXLVIII Crimes against the public health and safety § 1530. Public nuisance defined. A " public nuisance " is a crime against the order and economy of the state, and consists in unlawfully doing an act, or omitting to perform a duty, which act or omission: 1. Annoys, injures, or endangers the comfort, repose, health or safety of any considerable number of persons ; or 2. Offends public decency; or 3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, or a navigable river, bay, stream, canal or basin, or a stream, creek, or other body of water which has been dredged or cleared at public expense, or a public park, square, street or highway; or 4. In any way renders a considerable number of per- sons insecure in life, or the use of property. § 1531. Unequal damage. An act which affects a con- siderable number of persons, in either of the ways specified in the last section, is not less a nuisance because the extent of the damage is unequal. § 1532. Maintaining a. nuisance. A person, who com- mits or maintains a public nuisance, the punishment for which is not specially prescribed, or who wilfully omits or refuses to perform any legal duty relating to the removal of such a public nuisance, is guilty of a misdemeanor. § 1533. Permitting use of building for nuisance; opium smoking. A person who: Penal Law 519 1. Lets, or permits to be used, a building, or portion p er mit- of a building, knowing that it is intended to be used ^ in ^ d use o£ for committing or maintaining a public nuisance; or, for prosti- 2. Opens or maintains a place where opium, or any p iu °m of its preparations, is smoked by other persons; or, smoking 3. At such place sells or gives away any opium, or its said preparations, to be there smoked or otherwise used; or, 4. Visits or resorts to any such place for the purpose of smoking opium or its said preparations, Is guilty of a misdemeanor. § 1740. Wilful violation of health laws. 1. A person wiifui who wilfully violates or refuses or omits to comply with health laws any lawful order or regulation prescribed by any local board of health or local health officer,, is guilty of a misdemeanor. 2. A person who wilfully violates any provision of the health laws, or any regulation lawfully made or established by any public officer or board under author- ity of the- health laws the punishment for violating which is not otherwise prescribed by those laws, or by this chapter is punishable by imprisonment not ex- ceeding one year, or by a fine not exceeding two thou- sand dollars or by both. § 1741. Obstructing health officer in performance of obstmct- his duty. A person who wilfully opposes or obstructs a ^cer^m health officer or physician charged with the enforcement perform- L " ° m ance of of the health laws, in performing any legal duty is his duty guilty of a misdemeanor. § 1742. Omitting to label drugs, or labeling them omitting to wrongly. Any person, who, in putting up any drug, drugs' or medicine, or food or preparation used in medical prac- labeling tice, or making up any prescription, or filling any order wrongly for drugs, medicines, food or preparation puts any untrue label, stamp or other designation of contents upon any box, bottle or other package containing a drug, medicine, food or preparation used in medical practice, or substitutes or dispenses a different article 520 The Public Health Manual for or in lieu of any article prescribed, ordered, or demanded, or puts up a greater or less quantity of any ingredient specified in any such prescription, order or demand than that prescribed, ordered, or demanded, or otne/wise deviates from the terms of the prescription, order, or demand by substituting one drug for another, is guilty of a misdemeanor; provided, however, that, except in the case of physicians' prescriptions, nothing herein contained shall be deemed or construed to prevent or impair or in any manner affect the right of an apothe- cary, druggist, pharmacist or other person to recom- mend the purchase of an article other than that ordered, required or demanded, but of a similar nature, or to sell such other article in place or in lieu of an article ordered, required or demanded, with the knowledge and consent of the purchaser. Upon a second conviction for a violation of this section the offender must be sen- tenced to imprisonment, for a term of not less than ten days nor more than one year, and to the payment of a fine of not less than ten dollars nor more than five hundred dollars. The third conviction of a viola- tion of any of the provisions of this section, in addition to rendering the offender liable to the penalty prescribed by law for a misdemeanor; shall forfeit any right which he may possess under the law of this state at the time of such conviction, to engage as proprietor, agent, em- ployee or otherwise, in the business of an apothecary, pharmacist, or druggist, or to compound, prepare or dispense prescriptions or orders for drugs, medicines or foods or preparations used in medical practice; and the offender shall be by reason of such conviction dis- qualified from engaging in any such business as pro- prietor, agent, employee or otherwise or compounding, preparing or dispensing medical prescriptions or orders for drugs, medicines, or foods or preparations used in medical practice. This section shall not affect or impair any liability, penalty or punishment under the provisions of section Penal Law 521 four hundred and one of the penal code as the same existed prior to September first, nineteen hundred and seven, but the same may be enforced, prosecuted or inflicted as fully and to the same extent as though this section had not been passed; and all actions civil or criminal instituted under or by virtue of said section as the same existed prior to July nineteenth, nineteen hundred and seven, and pending immediately prior to September first, nineteen hundred and seven, may be prosecuted and defended to final effect in the same manner as though this section had not been enacted. The provisions of this section shall not apply to the practice of a practitioner of medicines who is not the proprietor of a store for the dispensing or retailing of drugs, medicines and poisons, or who is not in the employ of such a proprietor, and shall not prevent prac- titioners of medicine from supplying their patients with such articles as they may deem proper, and except as to the labeling of poisons shall not apply to the sale of medicines or poisons at wholesale when not for use or consumption of the purchaser; provided, however, that the sale of medicines or poisons at wholesale shall continue to be subject to such regulations as from time to time may be lawfully made by the board of phar- macy or by any competent board of health. § 1744. Penalty for violation of public health laws. Penalty for • • • <• violation Any person who violates any provision of article eleven of public of the public health law for which no other penalty is i^ h imposed, is guilty of a misdemeanor. § 1747. Careless distribution of medicines, drugs and careless distribu- chemicals. Any person, firm, or corporation, who dis- tion of tributes, or causes to be distributed, any free or trial ^.^""and samples of any medicine, drug, chemical or chemical chemicals compound, by leaving the same exposed upon the ground, sidewalk, porch, doorway, letter-boxes, or in any other manner, that children may become possessed of the same, shall be guilty of a misdemeanor punish- able by a fine not exceeding twenty-five dollars for each 522 The Public Health Manual Adul- terated goods Disposing of tainted food offense, but this section shall not apply to the direct delivery of any such article to an adult. § 1748. Adulterated goods. A person who: 1. With the intent that the same may be sold as unadulterated or undiluted, adulterates or dilutes wine, milk, distilled spirits or malt liquor, or any drug, medicine, food or drink, for man or beast; or, 2. Knowing that the same has been adulterated or diluted, offers for sale or sells the same as unadulterated or undiluted, or without disclosing or informing the purchaser that the same has been adulterated or diluted, in a case where special provision has not been made by statute, for the punishment of the offense; or, 3. Sells or offers to sell, or stores or transports with intent to sell for any purpose other than cooling beer in casks, ice cut from any canal or from the wide waters or basins of any canal, unless the ice so sold, or offered for sale or stored or transported, is contained in a building, cart, car, sleigh, float or receptacle upon which is plainly marked in roman or capital letters, not less than eight inches square, the words, " canal ice ; " or, 4. Who shall adulterate maple sugar, maple syrup or honey, with glucose, cane sugar or syrup, beet sugar or syrup, or any other substance for the purpose of sale, or who shall knowingly sell or offer for sale maple sugar, maple syrup or honey that has been adulterated in any way; or, 5. Violates any provision of section three hundred and ninety of the general business law, relating to canned and preserved food, Is guilty of a misdemeanor. § 1750. Disposing of tainted food. A person who with intent that same may be used as food, drink, or medi- cine, sells, or offers or exposes for sale, any article what- ever which, to his knowledge, is tainted or spoiled, or for any cause unfit to be used as such, food, drink, or medicine, is guilty of a misdemeanor. Penal Law 523 § 1752. Having narcotics in possession. (1) A per- Having son, other than a duly licensed physician or surgeon J 1 "™" 08 engaged in the lawful practice of his profession, who session has in his possession any narcotic or anaesthetic sub- stance, compound or preparation, capable of producing stupor or unconsciousness, with intent to administer the same or cause the same to be administered to another, without the latter's consent, unless by direction of a duly licensed physician, is guilty of a felony, punishable by imprisonment in the state prison for not more than ten years. (2) The possession by any person, other than as ex- empted in the foregoing subdivision, of any such nar- cotic or anaesthetic substance or compound, concealed or furtively carried on the person, is presumptive evidence of an intent to administer the same or cause the same to be administered in violation of the provisions of this section. § 1754. Putting noisome or unwholesome substances Putting in highway. A person who deposits, leaves or keeps, on °° IS ™ e or near a highway or route of public travel, either on the wholesome ° ^ *■ substances land or on the water, any noisome or unwholesome sub- in highway stance, or establishes, maintains or carries on, upon or near a public highway or route of public travel, either on the land or on the water, any business, trade or manufacture which is noisome or detrimental to public health, is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars, or by imprisonment not less than three nor more than six months or both. Exposing § 1756. Exposing person affected with a contagious person disease in a public place. A person who wilfully exposes ^[^a himself or another, affected with any contagious or in- contagious Q1SS£IS© in fectious disease, in any public place or thoroughfare, a public except upon his necessary removal in a manner not dan- place gerous to the public health, is guilty of a misdemeanor. Throwing § 1759. Throwing gas tar or refuse into public waters, or refuse A person who throws or deposits gas tar, or the refuse * ^ters^ 1C 524 The Public Health Manual Wilfully poisoning food Acts of intoxi- cated physicians of a gas house or gas factory, or offal, refuse, or any other noxious, offensive, or poisonous substance into any public waters or into any sewer or stream running or entering into such public waters, is guilty of a mis- demeanor. § 1760. Wilfully poisoning food. A person who wil- fully mingles poison with any food, drink or medicine, intended or prepared for the use of human beings, and a person who wilfully poisons any spring, well or reser- voir of water, is punishable by imprisonment in a state prison not exceeding ten years, or in a county jail not exceeding one year, or by a fine not exceeding five hun- dred dollars, or both such fine and imprisonment. § 1761. Acts of intoxicated physicians. A physician or surgeon, or person practicing as such, who, being in a state of intoxication, administers any poison, drug or medicine, or does any other act as a physician or surgeon, to another person, by which the life of the latter is endangered, or his health seriously affected, is guilty of a misdemeanor. § 1762. Misconduct of veterinary surgeons. A per- son who presents to a county clerk for registration as a practitioner of veterinary medicine or surgery any diploma or certificate fraudulently obtained or practices veterinary medicine and surgery without complying with or contrary to law, is guilty of a misdemeanor. This section shall not be construed to prohibit students from prescribing under the supervision of preceptors, or to prohibit gratuitous services in case of emergency, or the services of an authorized practitioner of a neighboring state when incidentally called into requisition. § 1763. Illegal practice of embalming. Any person violating any provision of section two hundred and ninety-eight of the public health law, or any of the rules and regulations in reference to the business and practice of embalming human dead bodies, made and duly approved as by article fourteen of said public health law prescribed, is guilty of a misdemeanor. Penal Law o2 ° § 1826. Taking unlawful fees. A public officer or a Public deputy, clerk, assistant or other subordinate , of a > publi* u*^ officer or any person appointed or employed by or in fees the office of a public officer, who shall, in any manner act for or in behalf of any such officer, who asks or receives, or consents or agrees to receive, any emolu- ment, gratuity or reward, or any promise of emolument, gratuity or reward, or any money, property or thing of value or of personal advantage, except such as may be authorized by law, for doing or omitting to do any official act, or for performing or omitting to perform, or for having performed or omitted to perform any act whatsoever directly or indirectly related to any matter in respect to which any duty or discretion is by or in pursuance of law imposed upon or vested m him, or may be exercised by him by virtue of his office or appointment or employment or his actual relation to the matter, shall be guilty of a felony, punishable by imprisonment for not more than ten years or by a line of not more than four thousand dollars, or both. § 1836. Officer refusing to surrender to successor. A o^ ^ person who, having been an executive or administrative surrender officer, wrongfully refuses to surrender the official seal, tojuc- or any books or papers, appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor. § 1841. Provision as tO neglect Of duty. A public Provision officer or person holding a public trust or employment, negl t upon whom any duty is enjoined by law, who wilfully ° neglects to perform the duty, is guilty of a misde- meanor. This and section eighteen hundred and forty do not apply to cases of official acts or omissions the pre- vention or punishment of which is otherwise specially provided by statute. omission § 1857. Omission of duty by public officer. Where f *rtj£ any duty is or shall be enjoined by law upon any offlcer 526 The Public Health Manual public officer, or upon any person holding a public trust or employment, every wilful omission to perform such duty, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor. PHARMACY State board of. p. 146). Public Health Law, §§ 230-241 PHYSICIANS Practice of medicine. Public Health Law, §§ 160-174 (p. 100'). Acts of intoxicated. Penal Law, §§ 1052, 1761 (p. 524). When to be called by midwife. Sanitary Code, Chap. IV, Peg. 10 (p. 347). Duties regarding communicable diseases. (Sanitary Code, Chap. II (p. 304). To report industrial poisonings. Labor Law, § 65 (p. 483). PLUMBING Licenses. General City Law, §§ 40^57 (p. 457). Licensing, first class villages. Village Law, § 90-a (p. 568') . Approval of plans for, in public buildings and institutions. Public Health Law, § 14 (p. 20). Plans for county tuberculosis hospitals to be approved. County Law, § 45, subd. 2 (p. 410). Monthly inspec- tion and report, orphan asylums and institutions for children. Public Health Law, § 314 (p. 205). Separate, for tuberculosis ward in city hospital. General City Law, § 142 (p. 460) , Hospital accom- modations for in- digent persons POOR LAW § 30. Hospital accommodations for indigent persons. 1. Any city or county, in which a hospital duly incor- porated is situated, may send to and support, in the same, such sick and disabled indigent persons as require medical or surgical treatment, and when admitted the Poor Law 527 authorities of such city or county shall pay to such hospital such sum per week as may be agreed upon or found to be just during the period in which such person shall remain in such hospital. 2. In all counties of this state in which there are not adequate hospital accommodations for indigent persons requiring medical or surgical care and treat- ment, or in which no appropriations of money are made for this specific purpose, it shall be the duty of county superintendents of the poor, upon the certifi- cate of a physician approved by the board of super- visors, or of the overseers of the poor in the several towns of such counties, u!pon the certificate of a physician approved by the supervisor of the town, as their jurisdiction over the several cases may require, to send all such indigent persons requiring medical or surgical care and treatment to the nearest convenient and suitable hospital, the incorporation and manage- ment of which have been approved by the state board of charities, provided transportation to such hospital can be safely accomplished. The authorities of such county or town shall pay to such hospital such reason- able sum per week, for the care and treatment of such indigent persons, as may be agreed upon by the authorities of the county or town and the directors of such hospital, and provision for the payment for such care and treatment shall be made in the annual budget of such county or town. (Am'd by L. 1912, ch. 309, and L. 1916, ch. 483.) Article TV of the Poor Law outlines methods for relief for poor persons. § 40 defines settlements and the manner in which they are gained in a town or city. 528 The Public Health Manual PRISON LAW Prison § 182. Articles manufactured to be furnished to the irtfcies for state or division thereof.f The superintendent of state use of prisons, and the superintendents of reformatories and public m- ■ r . stitutions penitentiaries, respectively, are authorized and directed to cause to be manufactured by the convicts in the prisons, reformatories and penitentiaries, such articles as are needed and used therein, and also such as are required by the state or political divisions thereof, and in the buildings, offices and public institu- tions owned or managed and controlled by the state, including articles and materials to be used in the erec- tion of the buildings. All such articles manufactured in the state prisons, reformatories and penitentiaries, and not required for use therein, shall be of the styles, pat- terns, designs and qualities fixed by the board of classifi- cation, and may be furnished to the state, or to any political division thereof, or for or to any public institution owned or managed and controlled by the state, or any political division thereof, at and for such prices as shall be fixed and determined as hereinafter provided, upon the requisitions of the proper officials, trustees or managers thereof. No article so manu- factured shall be purchased from any other source, for the state or public institutions of the state, or the political divisions thereof, except uniforms for the inmates of the New York State Soldiers and Sailors' Home or of the New York State Women's Relief Corps Home, unless said state commission of prisons shall certify that the same can not be furnished upon such requisition, and no claim therefor shall be audited or paid without such certificate. (Amended by L. 1916, ch. 533.) . Waiver t See General Municipal Law, § 135a, p. 468. Workshops in con- nection with tuberculosis hospitals Public Officers Law 529 PUBLIC OFFICERS LAW Qualifica- § 3 Qualifications for holding office. No person tions for .".,«. i -l ii 4. j. holding shall be capable of holding a civil office who shall not, at offlce the time he shall be chosen thereto, be of full age, a citizen of the United States, a resident of the state, and if it be a local office, a resident of the political subdivision or municipal corporation of the state for which he shall be chosen, or within which the electors electing him reside, or within which his official func- tions are required to be exercised. Official § 10. Official oaths. Every officer shall take and file oath * the oath of office required by law before he shall be entitled to enter upon the discharge of any of his official duties. An oath of office may be administered by a judge of the court of appeals or by any officer authorized to take, within the state, the acknowledg- ment of the execution of a deed of real property, or by an officer in whose office the oath is required to be filed, or may be administered to any member of a body of officers, by a presiding officer or clerk, thereof, who shall have taken an oath of office. The oath of office of a notary public or commissioner of deeds shall be filed in the office of the clerk of the county in which he shall reside. The oath of office of every state officer shall be filed in the office of the secretary of state; of every officer of a municipal corporation with the clerk thereof; and of every other officer, in the office of the clerk of the county in which he shall reside, if no place be otherwise provided by law for the filing thereof. (Amended by L. 1913, ch. 59.) § 12. Force and effect of official undertaking. § 13. Notice of neglect to file oath or undertaking. § 15. Validation of official acts performed before filing official oath or undertaking. § 31. Resignations — to whom made and when to take effect, etc. 530 The Public Health Manual Fees of public officers § 67. Fees of public officers. 1. Each public officer upon whom a duty is expressly imposed by law, must execute the same without fee or reward, except where a fee or other compensation therefor is expressly allowed by law. 2. An officer or other person, to whom a fee or other compensationi is allowed by law, for any service, shall not charge or receive a greater fee or reward, for that service, than is so allowed. 3. An officer, or other person, shall not demand or receive any fee or compensation, allowed to him by law for any service, unless the service was actually rendered by him; except that an officer may demand in advance his fee, where he is, by law, expressly directed or permitted to require payment thereof, before render- ing the service. An officer or other person, who violates either of the provisions contained in this section, is liable, in addition to the punishment prescribed by law for the criminal offense, to an action in behalf of the person aggrieved, in which the plaintiff is entitled to treble damages. Number of passengers 1 on street cars in certain cities PUBLIC SERVICE COMMISSIONS LAW § 51-a. Power of commission to regulate the number of passengers on street cars in certain cities. The commission having jurisdiction shall, after a hearing, either on its own motion or on a complaint, have exclu- sive power to make an order fixing the maximum number of passengers that may be carried on any car or cars operated in any city of over four hundred and fifty thousand inhabitants upon any line or lines of street railway therein. Nothing contained in the public health law or in any other statute, either general or local, shall hereafter be construed to authorize any local board or department of health or other local authorities of a city in which the carriage of passengers Sanitary Code 531 shall be subject to regulation under the foregoing pro- visions of this section to make or enforce ordinances, rules, regulations or orders prescribing, in terms or effect, the maximum number of passengers to be carried upon any such car or cars operated therein. (Added by L. 1917, ch. 803, in effect June 9, 1917.) RENDERING PLANTS Prohibited in cities or within three miles there- from ; exceptions. Public Health Law, § 39 (p. 50 ) . Forfeiture of charter of plant located in another state. General Corporation Law, Art. IXa (p. 461). Operation of crematories and disposal of garbage. General City Law, § 17. Disposition of garbage. Village Law, §§ 344-346. Town Law, §§ 320-322. Garbage disposal works to be approved by commissioner of health. Pub- lic Health Law, § 14 (p. 20). RESTAURANTS Cleanliness in preparation and service of food, Pub- lic Health Law, §§ 343-a-343-c (p. 233). Handling of food forbidden in certain cases. Sanitary Code, Chap. II, Reg. 39 ( p. 323 ) . Common towel forbidden. Sani- tary Code, Chap. VII, Reg. 2 (p. 355). Permits required to sell food and beverages in health zones. Sanitary Code, Chap. VII, Reg. 11 (p. 3'59). SANITARY CODE Adoption by public health council authorized. Pub- lic Health Law, § 2-b (p. 10). Chap. I. Definitions and general provisions (p. 303). Chap. II. Communicable diseases (p. 304) . Chap. III. Milk and cream (p. 333). Chap. IV. Mrdwives (p. 344). Chap. V. Labor camps (p. 347). Chap. VI. Nuisances which may affect life and health (p. 353). Chap. VII. Miscellaneous (p. 355). Chap. VIII. Boarding houses (p. 360). Chap. IX. (p. 362!). 532 Public Health Manual Depart- ment of health Health officer Deputy health officer SECOND GLASS CITIES LAW (L. 1909, ch. 55, cons. chap. 53 of the Cons. Laws.) § 145. Department of health. The commissioner of public safety shall exercise all the powers and be charged with all the duties conferred upon or required of local boards of health by the laws of this state, so far as the same pertain to cities, with the exceptions, limitations and additions herein contained. § 146. Health officer. No person shall be eligible to appointment as health officer unless he shall be a physician and surgeon duly licensed to practice under the laws of this state, and who has practiced as such for at least ten years. t The health officer shall possess such powers and perform such duties as shall be delegated to or prescribed by the commissioner of public safety or by ordinance of the common council. § 147. Deputy health officer. The health officer by the authority and under the direction of the com- missioner of public safety may appoint a deputy, to hold office during his pleasure. He may, when author- ized by the commissioner and subject to the approval of the board of estimate and apportionment, appoint such other assistants and employ such health and sanitary experts as may be required to carry into effect the powers, decisions, orders and directions vested * in said commissioner and health officer by this chapter and otherwise by law. The compensation of such deputy, assistants and experts shall be fixed by the com- missioner, subject to the approval of the board of estimate and apportionment. § 148. Appeals from orders of health officer. Pro- vides that person aggrieved by order of health officer may appeal to commissioner. t See Public Health Law, § 20, p. 24 Second Class Cities Law 533 § 149. Inspection of public buildings. Inspection by health officer and superintendent of buildings. § 150. Approval of plans for sewers and drains. All Approval plans for sewers and drains shall be submitted to the °J plans for sewers health officer for his approval before contracts are let and drams for the construction of the same, and, in case he shall disapprove the same, such sewer and drains shall not be constructed unless, on appeal to the commissioner, he shall approve the same. The health officer has power, subject to the right of appeal herein provided, to stop the construction or use of drains and sewers which are not properly constructed or properly used, or which are not in accordance with plans previously approved and adopted. § 151. Health physicians. Provides for dividing city into health districts and appointment of health physicians. § 152. Actions to restrain nuisances. The commis- Actions sioner is authorized, bv and with the advice and consent t0 . restraln ' J nuisances of the corporation counsel, in the name of the city, to maintain actions to restrain the threatened performance of any act contrary to his orders, directions, decisions or ordinances or those of the superintendent of public buildings or any violation of the rules and regulations of the department of buildings and to restrain and abate nuisances; and for the purpose of obtaining a temporary injunction in any such action no under- taking shall be required. (Am'd by L. 1909, ch. 573). § 153. Duty in case of peril to public health. In case Duty in of great and imminent peril to the public health of the p^n °to city, by reason of impending pestilence, it shall be the j^ 1 *^ duty of the commissioner, with the sanction of the common council, if it be practicable to convene that body for prompt action, or if not, when approved by the board of estimate and apportionment, to take such measures, and to do, order, or cause to be done, such 534 The Public Health Manual Public health law applicable acts and to make such extraordinary expenditures in excess of the sum appropriated to the department of health as in this chapter provided, for the preservation and protection of the public health, as he may deem necessary and proper. iSuch peril to public health shall be deemed to exist only when and for such period as the commissioner and the board of estimate and apportionment, by unanimous vote, shall determine. § 154. Public health law applicable. The public health law, so far as it pertains to cities, shall be applicable to cities of the second class, except as herein expressly modified. SEWERAGE AND SEWAGE DISPOSAL Sewage and sewage disposal. Public Health Law, §§ 73-84 (p. 63). Polluting waters. Conservation Law, § 325 ( p. 401 ) . Sewage disposal as affecting potable waters. Conservation Law, § 525 (p. 403'). Plumbing and drainage. General City Law, Art. IV. Grant of specific powers — to establish sewer systems, etc. General City Law ; § 20. Contracts for purifica- tion of water and sewage. General Municipal Law, §<§ 120-12©-a (p. 465). Deposit of dead animals, sew- age, etc., in Lake 'George and Schroon Lake prohibited. Navigation Law, § 52. Deposit of dead animals and debris in St. Lawrence river prohibited. Navigation Law, § 53. Injuring sewer or other property. Penal Law, § 1423 (p. 517). Approval of plans for sewers and drains. /Second Class Cities Law, § 150 (p. 533'). Sewer systems in towns. Town Law, §§ 230-245 (p. 545). Sewers and drainage of hotels. Public Health Law, § 354 (p. 248). Establishment of sewer system. Village Law, §§ 260-276. For county tuber- culosis hospital plans to be approve'd. County Law, § 45, subd. 2 (p. 410). Colleges may construct sewer systems. Education Law, § 1106. Tenement State Charities Law 535 houses, sewer connections. Tenement House Law, § 91. Sewage disposal, labor camps. .Sanitary Code, Chap. V ( p. 347 ) . Waterclosets for school houses. Edu- cation Law, § 457. Sewage disposal, inspection and report, institutions for children. Public Health Law, • § 313 (p. 204). SHEETS Length, in hotels, regulated. Public Health Law, § 355 (p. 248). SHELLFISH See Oysters. SPITTING In public places forbidden. Sanitary Code, Chap. VII, Reg. 1 (p. 355). STATE CHARITIES LAW L. 1909, ch. 57, cons. chap. 55 of the Cons. Laws.) § 10. Visitation, inspection and supervision of insti- Visitation, super- tutions. All institutions of a charitable, eleemosynary, vision and reformatory or correctional character or design, includ- ^^ng^.. ing reformatories (except those now under the super- tions vision and subject to the inspection of the prison com- mission), but including all reformatories, except those in which adult males convicted of felony shall be con- fined, asylums and institutions for idiots and epileptics, alms-houses, orphan asylums, and all asylums, hospitals and institutions, whether state, county, municipal, incorporated or not incorporated, private or otherwise, except institutions for the custody, care and treatment of the insane, are subject to the visitation, inspection and supervision of the state board of charities, its mem- bers, officers and inspectors. Such institutions may be visited and inspected by such board, or any member, officer or inspector duly appointed by it for that pur- pose, at any and all times. Such board or any member 536 The Public Health Manual thereof may take proofs and hear testimony relating to any matter before it, or before such member, upon any such visit or inspection. Any member or officer of such board, or inspector duly appointed by it, shall have * full access to the grounds, buildings, books and papers relating to any such institution, and may require from the officers and persons in charge thereof any informa- tion he may deem necessary in the discharge of his duties. The board may prepare regulations according to which, and provide blanks and forms upon which, such information shall be furnished, in a clear, uniform and prompt manner, for the use of the board. No such officer or inspector shall divulge or communicate to any person without the knowledge and consent of said board any facts or information obtained pursuant to the provisions of this chapter; on proof of such divulgement or communication such officer or inspector may at once be removed from office. The annual reports of each year shall give the results of such inquiries, with the opinion and conclusions of the board relating to the same. Any officer, superintendent or employee of any such institution, society or association who shall unlawfully refuse to admit any member, officer or inspector of the board, for the purpose of visitation and inspection, or who shall refuse or neglect to furnish the information required by the board or any of its mem- bers, officers or inspectors, shall be guilty of a mis- demeanor, and subject to a fine of one hundred dollars for each such refusal or neglect. The rights and powers hereby conferred may be enforced by an order of the supreme court after notice and hearing, or by indictment by the grand jury of the county, or both. § 12. Powers and duties of board on visits and inspections. Defines subjects upon which inquiry is to be made. § 13. Investigations of institutions. Board may direct an investigation by a committee. State Charities Law 537 § 14. Orders of board directed to institutions. After investigation, board may order conditions corrected; order to be approved by justice of the supreme court, after hearing. Wilful refusal to obey order a misde- meanor. § 15. Correction of evils in administration of insti- tutions. Board to call attention of trustees, directors or managers to such evils or defects in administration, and " such officers shall take prompt action thereon, with a view to correcting the same." ARTICLE X New York State hospital for the treatment cf incipient pulmonary tuberculosis, Raybrook § 157. Duties of superintendent. The superintendent shall, 10. Give to superintendents of county tuberculosis Courses for hospital courses in the diagnosis and treatment of tendents tuberculosis and in hospital administration. The of county tuber- board and lodging of such superintendents of county cuiosis hospitals, while actually in attendance at such courses, hospitals shall be charged as an expense of conducting such hospi- tal. (Subd. added by L. 1917, ch. 241, in effect April 23, 1917.) f § 160. Free patients. The trustees of said hospital to be appointed under and pursuant to the provisions of this article, and their successors, are hereby given power and authority to receive therein patients who have no ability to pay, but no person shall be admitted to the hospital who has not been a citizen of this state for at least one year, excepting that a female who has been a resident of the state for at least five years Free preceding the date of the application may be so pa ien s admitted, though not a citizen. Every person desiring free treatment in said hospital shall apply to the health tSee County Law, § 48, subd. 10, p. 419 538 The Public Health Manual officer of his or her village, town, city or county who shall thereupon issue a written request to the superin- tendent of said hospital for the admission and treat- ment of such person, which request and statement shall be kept on file by the superintendent of the hos- pital. Such requests shall be filed by the superintendent in a book kept for that purpose in the order of their receipt by him. The health officer shall notify the local authorities of the town, city or county in which the person desiring free treatment resides, having charge of the relief of the poor, of every request issued to the superintendent of the said hospital in accordance with the provisions of this section. The said local authorities of the poor may make such investigation as they deem proper as to the ability of said person to pay for treatment, and if said person has already been transferred to eaid hospital at Raybrook the superintendent of said hospital shall co-operate and assist the said local authorities in obtaining such infor- mation. Provided, however, nothing herein contained shall be construed to delay the immediate forwarding of said person to the said hospital whenever there are facilities there for his reception. Whenever there are vacancies caused by death or removal, the said superin- tendent shall thereupon issue a request to an examining physician, appointed as provided for in section one hundred and fifty-nine, in the same city or county, and if there be no such examining physician in said city or county then to the nearest examining physician, for the examination by him of said patient. Upon the request of such superintendent said examining phy- sician shall examine all persons applying for free admis- sion and treatment in said institution, and determine whether such persons applying are suffering from incipient pulmonary tuberculosis. No person shall be admitted as a patient in said institution without the certificate of one of said examining physicians certify- State Charities Law 539 ing that such applicant is suffering from incipient pulmonary tuberculosis, and if on the reception of a person at such hospital, it is found by the authorities thereof that he is not suffering from incipient pul- monary tuberculosis, or is suffering from pulmonary tuberculosis in such an advanced stage as to prevent his deriving any benefit from care and treatment at such hospital, he shall be returned to the place of his residence, and the expense of transportation to and from the hospital shall be paid by said local authori- ties. Admissions to said hospital shall be made in the order in which the names of applicants shall appear upon the application book to be kept as above provided by the superintendent of said hospital, in so far as such applicants are subsequently certified by the said examining physician to be suffering from incipient pul- monary tuberculosis. Every person who is declared as herein provided to be unable to pay for his or her care or treatment shall be transported to and from the hospital at the expense of said local authorities, and cared for, treated and maintained therein at the expense of the municipality which would otherwise be charge- able with the support of such poor or indigent person; and the expense of transportation, treatment, mainte- nance and the actual cost of articles of clothing furnished by the hospital to such poor or indigent person shall be a county, city or town charge, as the case may be. (Amended by L. 1917, ch. 241, in effect April 23, 1917.) § 161. Private patients. Applicants for admission Private to this institution who are able to pay for their care patients and treatment are not required to obtain a written request from the local authorities having charge of the relief of the poor, but shall apply in person to the superintendent, who shall enter the name of such applicant in a book to be kept by him for that purpose, as provided in section one hundred and sixty; and when there is room in said hospital for the admission of free patients 540 The Public Health Manual such applicant, without interfering with the preference in the selection of patients, which shall always be given to the indigent, such patient shall be admitted to the hospital upon the certificate of one of the examining physicians, which certificate shall be kept on file by the said superintendent, support of § 162 - Support of free patients. At least once in each month the superintendent of the hospital shall furnish to the 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 are accredited each re- spective county, city or town and who are shown by the statement of such local authorities to be unable to pay for their care, treatment and maintenance, under the provisions of section one hundred and sixty of this chapter. He shall accompany each such list with a bill of charges for care, treatment and maintenance at a rate not exceeding five dollars per week for each such free patient, together with items of expense of trans- portation, fee of the examining physician and the actual cost of articles of clothing furnished by the hospital to each such free patient. The treasurer of the hospital shall thereupon collect from the said local authorities of the county, city and town such sums as may be due therefrom, and pay the same over to the state treasurer. (Am'd by L. 1910, ch. 449.) support of § 1^3. Support of private patients. The trustees private shall have power and authority to fix the charges to be paid by patients who are able to pay for their care and treatment in said hospital or who have relatives bound by law to support them, who are able to pay therefor. ARTICLE XV Section 290. Definition of dispensary. 291. Licensing of dispensaries by the state board of charities. Tenement House Law 541 STATE HOSPITAL FOR TUBERCULOSIS, RAYBROOK See State Charities Law, §§ 150-163. SUMMER RESORT Sanitary conditions in hotels. Public Health Law, §§ 354-356 (p. 248). Common towel forbidden. Sanitary Code, Chap. VII, Reg. 2 (p. 355). Common drinking cups and eating and drinking utensils for- bidden. Sanitary Code, Chap. VII, Reg. 3 (p. 355). Cleanliness in preparation and service of food. Public Health Law, §§ 3i43-a-343-c (p. 2330. Handling of food forbidden in certain cases. Sanitary Code, Chap. II, Reg. 39 ( p. 32i3 ) . Contagious diseases to be re- ported. Sanitary Code, Chap. II, Reg. 5 (p. 308). Public Health Law, § 25 ( p. 37 ) . TOBACCO Furnishing, in any form, to children under eighteen years of age. Penal Law, § 484 (p. 514). Furnish- ing minors in reformatories. Penal Law, § 489 (p. 514) . TENEMENT HOUSE LAW ARTICLE VIII § 150. Vagrancy. A person who: vagrancy • 1. Solicits another to enter a house of prostitution or a room in a tenement house or any part thereof for the purpose of prostitution; or, 2. Indecently expose the private person for the pur- pose of prostitution or other indecency; or, 3. Commits prostitution in a tenement house or any part thereof; or, 542 The Public Health Manual 4. Knowingly resides in a house of prostitution, or assignation or ill-fame of any description in a tenement house; or, 5. Keeps or maintains a house of prostitution, as- signation or ill-fame of any description in a tenement house, shall be deemed to be a vagrant, and upon con- viction thereof shall be committed to the county jail for a term not exceeding six months from the date of commitment, or, if the person convicted is a female she may be placed upon probation except in the follow- ing cases: (a) when the offense was that of keeping or maintaining a house of prostitution, assignation or ill-fame in a tenement house, or (b) when the female has been convicted previously of any offense or crime. The procedure in such case shall be the same as that provided by law for other cases of vagrancy. (Amended by L. 1913, ch. 598, and L. 1915, ch. 286.) TOWELS Individual, in hotels Public Health Law, § 355 (p. 248). Common, prohibited. Sanitary Code, Chap. VII, Reg. 2 ( p. 355 ) . One for each customer, barber shops. Sanitary Code, Chap. VII, Reg. 4 (p. 356). TOWN LAW (L. 1909, chap. 63, const, chap. 62 of Cons. Laws) ARTICLE VI Meeting of § 131. Constitution and regular meeting of town board. The supervisor, town clerk and the justices of the peace, or any two of such justices, shall constitute the town board in each town, and shall hold at least two meetings annually at the office of the town clerk, as follows: One on the Tuesday preceding the biennial town meeting and on the corresponding date in each alternate year, except that in towns where biennial town board Town Law 543 town meetings are held at the time of a general elec- tion, such meeting shall be held on the twenty- eighth day of December in each year, unless such day is Sunday, in which case such meeting shall be held on the preceding day; and one on the Thursday next pre- ceding the annual meeting of the board of supervisors. The supervisor of the town shall when present preside at all meetings of the town board. The supervisor or the town clerk may call a special meeting of the town board at . any time by giving at least two days' notice in person or in writing to the other members of such board of the time when and place where such meeting is to be held. At any such regular or special meeting it shall be lawful for the town board to audit, allow or reject any charge, claim or demand against the town for which funds might lawfully be provided by the issuance and sale of town obligations under the provisions of section one hundred and thirty-eight-a of this chapter; and any charge, claim or demand so audited shall be payable immedi- ately from available funds thus provided, if there be any, and otherwise as soon as the moneys are raised therefor under the provisions of said section one hun- dred and thirty-eight-a, but a charge, claim or demand of the kihd authorized by this section to be audited may be paid, in the discretion of the town board, from other town funds on hand available for general purposes, if there be any such funds. (Amended by L. 1909, ch. 140; L. 1913, ch. 571, and L. 1916, ch. 59, in effect March 20, 1916.) ARTICLE X § 210. Town board may prohibit hawking and ped- Hawking dling without license .* The town board of any aiing farm town may, by resolution, prohibit the hawking and 2™' peddling of goods or produce in public streets or forbidden *See General Municipal Law, § 81, p. 465 544 The Public Health Manual places, or the vending of the same by calls from house to house, without a license; but such pro- hibition shall not apply to the peddling of meats, fish, fruit or farm produce, to the sale by sample or prospectus of goods, books or other merchan- dise where the same are not delivered at the time the order therefor is taken, or to peddling by any per- son or corporation in this state, provided no sale is made by such person or corporation of dry-goods, cloth- ing, drugs or articles of food and all sales are wholly or partly by barter for merchandise, or so as to require a license from an honorably discharged soldier, sailor or marine of the military or naval service of the United States who has obtained a license from the county clerk to hawk, peddle, vend or solicit trade, in pursu- ance of law. ARTICLE XI Sewers Section 230. Town board may establish sewer system; petition. 230-a. Town board may direct construction of portions of sewer system; extension, notice of, petition. 231. Action by town board. 232. Oaths and undertakings of commissioners. 233. Approval and filing of map and plan of sewer system. 234. Contracts for the construction of sewer system. 235. Supervising engineer, inspectors, and at- torney. 236. Acquisition of property by condemnation. 237. Apportionment of local assessment for con- struction. 238. Appeal from apportionment. 239. Hearing of appeal. Town Law 545 Section 240. Reapportionment. 241. Procedure by new commissioners. 242. Fees of commissioners. 243. Expense of maintenance, how' raised. 244. Annual statement of commissioners. 245. Sewer connections. 246. Constructing laterals in such districts. 247. Contracts for construction of laterals. 248. Improvements; how paid for. § 230. Town board may establish sewer system; Town petition. The town board of any town on the peti- board may tion of owners of real property in a proposed district, sewer or in a proposed extension of an existing district, sys em representing more than one-half in value of the tax- able real property therein as appears by the last pre- ceding completed assessment-roll, may establish a sewer system outside an incorporated village or city, or extend the boundaries of an existing district and the sewer system therein accordingly. The petition Petition must describe the proposed district, or proposed exten- sion of an existing district, and state the maximum amount proposed to be expended in the construction of such sewer system or extension. Each petitioner shall state opposite his name the assessed valuation of the real property owned by him in such district, or extension of an existing district, according to the last preceding completed assessment-roll. The petition Petition must be signed by the petitioners and proved or ac- n S h sewer knowledged in the same manner as a deed to be re- system corded, and if it be a petition to extend an existing district and the sewer system therein shall, in addi- tion to the foregoing provisions, be approved in writ- ing by the sewer commissioners of such district. There shall be annexed to and presented with such petition a map and plan of the proposed sewer system, or ex- tension, with specifications of dimensions and connec- 18 tion 546 The Public Health Manual tions and outlet or sewage disposal works prepared by a competent engineer at the expense of the peti- Cost of tibners. The petitioners may, however, present to the and^map town DOard w i*^ 8Ucl1 petition, map, plan and speci- to become fi ca tions, a statement, verified by one of the peti- expense of tioners having personal knowledge of the correctness thereof, showing the amount of the actual cost to them of said map, plan and specifications and the cost of the acknowledgments of the signatures to such peti- tion, and by whom paid, which said amount, if found by the town board to be just and reasonable, and if the said town board shall make one of the orders as pro- vided by section two hundred and thirty-one of this chapter, shall be and become a part of the expense of construction, and shall be included in the first tax levy therefor, and shall be refunded to the person or persons by whom paid, as shown by the aforesaid statement, by the supervisor of the town, who shall take a receipt therefor. At any time after the town board has made an order establishing such district, or extending an existing district, the maximum amount proposed to be expended in the construction of such sewer system in said district, or extension, may be in- creased by a petition of owners of real property in said district or extension, representing more than one- half in value of the taxable real property therein, as appears by the last; preceding completed assessment- roll, setting forth the additional amount proposed to be expended, in excess of the maximum amount set forth in the petition upon which the said district or extension was established. Such petition must be signed and proved or acknowledged in the same man- ner as the petition for the establishment of said sewer district or extension, and shall be filed in the office of the town clerk. Every petition made as provided in this section shall contain a statement conspicuously printed thereon as follows: "The cost of construction Town Law 547 and maintenance of such sewer system or extension, as the case may be shall be assessed, from year to year, by the sewer commissioners to be appointed, upon the lands within the sewer district or extension in pro- portion as nearly as may be to the benefit which each lot or parcel will derive therefrom." Any petition made as herein provided shall be legal for all purposes herein, although some of the petitioners therein may have signed and acknowledged the same before this section, as hereby amended, takes effect. (Amended by L. 1910, ch. 134 and L. 1911, ch. 507, in effect June 28, 1911.) § 230-&. Town board may direct construction of por- Town tions of sewer system; extension, notice of, petition. A °** ct ™^_ If in the petition for the establishment of a sewer dis- struction *■ of portion trict or for an extension to an existing district, the of sewer petitioners shall pray that a portion or portions only system of the system designed ultimately to serve the entire district or an extension to the said district, shall be constructed in the first instance, and shall describe the said portion or portions in their said petition, and in- dicate the same on the said map and plan, and shall specify the maximum amount proposed to be expended in the construction of such portion or portions of the said system, the town board may include in its order _ establishing the said district or extension, a direction board may that the sewer commissioners shall construct only the struction portion or portions of the said system designated in °* g°^° n the said petition, until extensions thereto shall be au- system thorized as hereinafter provided. In case the town board shall make an order establishing the said district and containing the said direction, the provisions of this chapter shall be applicable thereto in all respects, ex- cept that the town board shall not issue bonds to pro- vide for the cost of such portion or portions to an amount exceeding the amount mentioned in the said petition as the maximum amount proposed to be ex- 548 The Public Health Manual pended in the construction of such portion or portions. Thereafter extensions to the said system may, from time to time, be authorized by the town board upon the peti- tion of the owners of real property within the area in said district to be served by any proposed extension or extensions to the said system, representing more than one-half in value of the taxable real property within such area, as apppears by the last preceding com- pleted assessment-roll, which said petition shall comply in form, substance, and in the manner of execution, so far as applicable thereto, with the requirements of the petition for the establishment of a sewer district, and shall state the maximum amount proposed to be ex- pended for such extension or extensions, and shall have endorsed thereon a written approval of a majority of the sewer commissioners of such district, and there shall be presented with the said petition a map prepared by a competent engineer, showing the area proposed to be served by any such proposed extension, and in case such proposed extension or extensions involve a change from the plans shown by the map and plan attached to the petition for the establishment of the said sewer district such petition shall be accompanied by a map and plan of such extension or extensions prepared in the same manner as the original map and plan, and ap- Town proved by the state board of health. Before acting upon direct ^on- a petition to extend the system in any district or exten- struction a ion thereof, the town board shall give notice of the of sewer time and place at which it will meet to act thereon, system ^ posting at least twenty-one days before the day fixed for the said meeting a notice thereof in at least four public places in the said district, and by publishing a notice thereof once in each of the three calendar weeks immediately preceding the week in which the said meet- ing is to be held in at least one newspaper published in the said town, if a newspaper is published therein. The cost to the petitioners of the maps, plans, speci- Town Law 549 fications, and of the acknowledgments of the signatures to such petition may be made a part of the expense of constructing the said extension or extensions as pro- vided in section two hundred and thirty of the town law with respect to the like expenditures of the original petitioners, and the maximum amount proposed to be expended in the construction of any such extension or extensions to the sewer system in any such district may be increased by the petition of the owners of real property in the area proposed to be served thereby, representing more than one-half the taxable real prop- erty therein as appears by the last preceding completed assessment-roll of said town, in the manner specified in section two hundred and thirty of the town law for increasing the maximum amount proposed to be ex- pended for the construction of the original system. In case said extension or extensions to the said sewer system in any such district shall be authorized by the town board of any such town, such extension or ex- tensions, shall thereafter, for all purposes, be regarded as part of the original system, and shall be constructed and maintained by the sewer commissioners of the said district, and the cost of the construction thereof shall be provided for by the issue and sale of town bonds in the same manner as provided in section two hun- Town dred and thirty-seven of the town law for the payment d ° r a e r c t ™on- of the cost of the original system which said bonds struction ° ^ • of portion shall be a town charge, and the principal and interest of sewer thereof, together with the cost of maintenance of such sys em extension or extensions, shall be collected from the real property within the said district by the said sewer commissioners, in the same manner as though said ex- tension or extensions had formed a part of the original system constructed in the said district. (Added by L. 1912, ch. 205, in effect April 8, 1912.) § 231. Action by town board. If the town board is Action by satisfied that the petitioners are owners of real prop- own 550 The Public Health Manual erty in the proposed district or extension, and own more than one-half in value of the taxable real prop- erty therein, they shall make an order establishing such district, or extending the boundaries of an ex- isting district, and if establishing a new district, ap- pointing three taxpayers therein as sewer commis- sioners, who shall hold their offices at the pleasure of sewer com- the town board. Such sewer commissioners shall each missioners ^ e p a id for their services, at such times as the town board may designate in said order, an amount to be fixed by the town board, which amount shall not ex- ceed three dollars per day for each day actually and necessarily spent in the business of the sewer district and shall be deemed an expense of maintaining the sewer system and shall be collected and paid as pro- vided in section two hundred and forty-three of this chapter for expense of maintenance. (Amended by L. 1910, ch. 134 and L. 1911, ch. 507, in effect June 28, 1911.) L. 1911, ch. 507, § 2. This act shall not affect any proceeding now pending under any sections of the town law amended by this act and begun in conformity to the requirements thereof as they existed prior to the taking effect of this act, and such proceedings may be conducted to a completion with the same force and effect as if said sections had not been hereby amended. oaths ana § 232. Oaths and undertakings of commissioners. under- Each commissioner before entering on the duties of his takings of ' *'•■■•• commis- office shall take the constitutional oath of office and execute to the town and file with the town clerk an official undertaking in such sum and with such sureties as the town board shall direct. The town board may at any time require any such commissioner to file a new official undertaking for such sum and with such Approval sureties as the board shall direct. and filing § 233. Approval and filing of map and plan of sewer of map and ,, _, . . , ,l plan of system. The sewer commissioners shall cause a copy sTtem °* * he ma P an( * P* an °* *^ e P ro P ose d sewer system, or of sewer system Town Law 551 proposed extension thereof, to be submitted to the state board of health, and if approved, it shall be filed in its office. Such map and plan may be amended with the approval of the state board of health, and if amended, it shall be filed in the offices of the state board of health and of the town clerk. (Amended by L. 1910, ch. 134, in effect April 21, 1910.) § 234. Contracts for the construction of sewer system, contracts The sewer commissioners of such district shall adver- struct ion tise for proposals for the construction of a sewer sys- tem, or an extension thereof, according to such map and plan, finally filed, either under an entire contract or in parts or sections as the board may determine. Such advertisement shall be published once in each of two successive weeks in each newspaper published in said sewer district and extension thereof, and if no news- paper is published therein, in the two newspapers pub- lished nearest thereto. The commissioners may re- quire a bond or deposit from each person submitting a proposal, to be not less than twenty-five per centum of the amount involved, the liability on such bond to accrue, or such deposit to be forfeited to the town, in case such person shall refuse to enter into a contract in accordance with his proposal. The commissioners may accept or reject any or all proposals, and when the con- tract is let it shall be let to the lowest bidder. No con- contracts tract shall be made by which a greater amount shall be struction agreed to be paid than the maximum amount stated in °y St J^ er the petition for the construction of such sewer, as amended by supplemental petition, if any, including the expense of superintendence and inspection as provided in section two hundred and thirty- five. Each contract shall be executed in duplicate, one of which shall be given to the contractor and the other shall be filed in the office of the town clerk. (Amended by L. 1910', ch. 134, in effect April 21, 1910.) 552 The Public Health Manual Super- vising engineer, inspectors and at- torney § 235. Supervising engineer, inspectors and attorney. The sewer commissioners may employ an attorney, a supervising engineer to superintend and inspect the construction of any sewer, or extension thereof, or works connected therewith, and also such inspectors as may be necessary, and fix the compensation of such attorney, engineer and inspectors. Such compensation, together with the fees, charges and expenses of the engineer employed to prepare the map, plan and speci- fications, and the cost of the acknowledgments of the signatures of the petitioners, as provided for in section two hundred and thirty of this chapter, shall be treated as a part of the expense of construction. (Amended by L. 1910, ch. 134.) § 236. Acquisition of property by condemnation. If sewer commissioners are unable to agree with the owners for the purchase of real property necessary for the construction of the sewer system, they may acquire the same by condemnation, whether it be necessary to ac- quire the fee or an easement for a right of way therein, and whether the property and easements necessary to be acquired are within the territorial limits of the sewer district as established; said sewer commissioners may enter into an agreement with the board of trustees or other duly authorized officers of an adjoining incor- porated village, to sewer some part or portion of such incorporated village, and to lay and maintain pipes therein, and when pipes are laid and maintained, and sewer system constructed within the limits of an ad- joining incorporated village pursuant to an agreement so made, the sewer commissioners shall have the same control and exercise the same rights and privileges in connection with the system constructed within the limits of an incorporated village as they have in connection with the system established within the sewer district as laid out. (Amended by L. 1913, ch. 73.) Town Law 553 § 237. Apportionment of local assessment for con- struction. The sewer commissioners shall prepare and file in the office of the town clerk a map and plan of such district, or extension, which shall show the high- ways and the several parcels of land therein. The commissioners shall report to the town board the amount of the cost of construction of such sewer sys- tem as determined under the foregoing provisions here- of. The town board shall direct the issue and sale of bonds for the amount of the cost of construction as so reported to said board by the said commissioners, which said bonds shall be redeemable in such equal yearly instalments, the interest thereon to be paid semi- annually, as said town board shall prescribe, and shall be a town charge. In the month of July in each year the town board shall notify the sewer commissioners Appor . of the amount to become due for principal and interest tionment .of local during the ensuing year on the bonds so issued, the assess- sewer commissioners shall forthwith proceed to assess ^Mtruc- such amount on the lands within such district, or exten- tion sion of an existing district, in proportion as nearly as may be to the benefit which each lot or parcel will derive therefrom. After making such apportionment, said commissioners shall forthwith serve on each land owner a notice of at least ten days of the completion thereof and of the filing of such map and plan, and that at a specified time and place a hearing will be had to consider and review the same. Such notice must be served upon said land owners personally or by mail- ing the same to their last known respective addresses or by publishing the same once each week for two weeks, in a newspaper which circulates in said district, or by either or any of said methods. The commis- sioners shall meet at the time and place specified to hear objections to such apportionment, and may modify and correct the same. The sewer commissioners upon the completion and correction of such apportionment 554 The Public Health Manual Appeal from ap- portion- ment Hearing appeal shall forthwith file the same in the office of the town clerk, and shall give notice of the filing of such com- pleted and corrected apportionment in the manner pro- vided for by section thirty-nine of the tax law as to towns. The apportionment shall then be deemed final and conclusive unless an appeal is taken therefrom, as hereinafter provided, within fifteen days after the fil- ing thereof. The town board shall present to the board of supervisors at its annual meeting, a statement of such apportionment as so corrected and filed, showing the amount due, or to become due, for principal and interest during the ensuing year, on the bonds issued under this article; each lot or parcel liable to pay the same, and the amount chargeable to each. The board of supervisors shall levy such sums against the prop- erty liable, and shall state the amount of the tax in a separate column in the annual tax-roll under the name " sewer tax." Such tax when, collected shall be paid to the supervisor and be by him applied in payment of the bonds. An unpaid assessment shall be collected in the same manner and shall subject the land and land owner liable therefor, to the same in- terest, burdens and penalties, as other town taxes in arrears. (Amended by L. 1910, ch. 134 and L. 1915, ch. 368, in effect April 26, 1915.) § 238. Appeal from apportionment. A person aggrieved by an apportionment may, within fifteen days after the filing thereof, appeal therefrom to the county court of the county in which such district is situated. Such appeal shall be taken by a notice stating the grounds thereof, served personally or by mail upon each of the sewer commissioners and filed with the town clerk, of § 239. Hearing of appeal. Either party may bring on the appeal on a notice of not less than ten nor more than twenty days. All appeals from the same apportionment must be consolidated and heard as one appeal. The county court may affirm or reverse the Town Law 555 apportionment. If it be reversed on the ground that it is erroneous, unequal or inequitable, the court shall, by order of reversal, appoint three disinterested freeholders of the district as commissioners to make a new appor- tionment, and no appeal shall be allowed from such order. § 240. Reapportionment. A reapportionment shall be Reappor- tionment made in the following cases: 1. By the commissioners appointed by the county court where the original apportionment is reversed on the ground that it is erroneous, unequal or inequitable. 2. By the sewer commissioners of the district where the original apportionment is reversed upon any other ground. A reapportionment under this subdivision shall be made in like manner as the original. 3. Reapportionments shall also be made by the sewer commissioners in like manner as original apportion- ments are made upon the petition of the owners of real property in said district representing a majority of the taxable property therein, as appears by t'.ie last preceding completed assessment-roll when the said petition shall state that the existing apportionments have become unequal or inequitable; such reapportion- ments shall be made from time to time, but not oftener than once in three years. (Amended by L. 1911, ch. 2'51, in effect June 6, 1911.) § 241. Procedure by new commissioners. The com- Procedure • by new missioners appointed by the county court shall give commis- notice of the time and place at which they will meet to make such reapportionment, and shall serve notice thereof, either personally or by mail, at least ten days before such meeting upon each owner of land within such district or extension of an existing district, as finally fixed by the board of sewer commissioners. They shall meet at the time and place specified and make such reapportionment in the manner herein prescribed for the sewer commissioners. They shall file such re- 556 The Public Health Manual apportionment in the office of the town clerk, and it shall be final and conclusive. (Amended by L. 1910, ch. 134, in effect April 21, 1910.) Fees of § 242. Fees of commissioners. Each commissioner sfonSs 8 " appointed by the county court is entitled to five dollars for each day necessarily spent in making such reappor- tionment, besides his actual necessary expenses. Such fees and expenses are a charge against the town, and must be audited by the town board. The amount thereof shall be added to the portion of the expense of con- structing such sewer or sewer system, which is to be assessed against property in such sewer district or extension. (Amended by L. 1910, ch. 134, in effect April 21, 1910.) § 243. Expense of maintenance, how raised. After the sewer system is constructed it shall be maintained by the commissioners, and the cost of such maintenance shall be a charge upon the sewer district. In July of each year, the sewer commissioners shall present to the town board an estimate of the amount of money required by said commissioners to meet the expenses of maintaining the sewer system for the ensuing year. The town board shall formally pass upon such estimate and approve, or correct and approve, the same. The Expense of sewer commissioners shall thereupon assess the amount nance" 2 °^ * ne estimate as so approved, and corrected, on the how raibe.1 lands within their district, in proportion, as nearly as may be, to the benefit which each lot or parcel will de- rive- *thereform, and shall give the same notice thereof, and shall correct and file such reapportionment in the same manner, and shall give the same notice of the filing of such corrected apportionment, as is provided for in section two hundred and thirty-seven of this chapter. An appeal may be taken from such corrected apportionment within the same time, and the procedure * So in original Town Law 557 thereupon shall be the same as specified in sections two hundred and thirty-eight to two hundred and forty-two, both inclusive, of this chapter, except that the fees Expense of of the commissioners appointed by the county court to na nce, how readjust the apportionment made pursuant to this sec- raised tion shall be a charge upon the sewer district, and shall be included in the expenses of maintenance. Whenever an apportionment is to be made to meet an instalment of principal and interest on the bonds issued pursuant to section two hundred and thirty-seven of this chap- ter, any proceedings for the correction, review or re- adjustment thereof shall be consolidated with the like proceedings, if any, with respect to the apportionment made as provided in this section. The town board shall present such estimate to the board of supervisors at its annual meeting, with a statement of each property or parcel liable for the same and the amount chargeable to each. The board of supervisors shall levy such sums against the property liable and shall state the amount of tax in the annual tax roll under the name " sewer tax," with the sewer tax to be raised for payment of bonds as provided in section two hundred and thirty- seven of this chapter, and after such bonds shall have been entirely paid in a similar column headed " sewer tax." This tax for maintenance, when collected, shall be paid to the supervisor of the town and by him paid to the sewer commissioners to meet the expense of maintenance of the sewer system. An unpaid assess- ment under this section shall be collected in the manner provided for in section two hundred and thirty-seven of this chapter. The sewer system as so constructed, or as hereafter added to or changed, shall be under the charge and control of the sewer commissioners, under whose supervision it shall be used by property owners, and no Permit t0 person shall enter into, open or interfere with or use connect r x . with sewer said sewer system except under the inspection and direction of said sewer commissioners and after formal 55S The Public Health Manual Annual statement of com- missioners Sewer connec- tions permission shall have been given by said commissioners. The sewer commissioners shall adopt rules and regula- tions to govern the maintenance and use of the sewer system and shall therein fix the amount of fees that shall be chargeable to individuals or property owners who may wish to enter or use the sewer system, which fees shall be sufficient in amount to pay for the cost of inspection of such entry or entries. Any person violat- ing any provisions hereof and interfering with, entering or using said sewer system without obtaining such per- mission shall be guilty of a misdemeanor and liable to punishment accordingly. (Amended by L. 1910, ch. 134, in effect April 21, 1910.) § 244. Annual statement of commissioners. The sewer commissioners shall in the month of December in each year file in the office of the town clerk a detailed state- ment, under oath, of the moneys received and paid by them since their last statement under the provisions of this chapter, together with the names of the persons or parties from whom the same were received and to whom the same were paid, and the object of each payment, with the vouchers therefor. Such statement shall show the balance remaining in their hands, which balance shall be applied to maintenance account for the following year. (Amended by L. 1910, ch. 134, in effect April 21, 1910.) § 245. Sewer connections. The board of sewer com- missioners shall cause a notice to be published in every newspaper published in the town or towns in which the sewer district is located, and posted in at least twenty conspicuous public places in the district, requiring the owners or occupants of all property fronting or abutting on any street or portion thereof in the town in which any public sewer is about to be laid or is being laid or has been laid by such board to make and lay connection pipes to and from the sewer mains in such street or any portion thereof in front of each separate piece of property, and Town Law 559 where directed by such board within such time and in such manner and under such inspection as such board shall prescribe; and whenever any such owner or occu- pant shall have made default in making such connection with such sewer mains opposite the lands and premises owned or occupied by him as directed in and required by such printed notice therefor, in the manner and within the time specified, such board shall have power and authority to so make, extend and complete the same to the property line of the lands and premises so owned or occupied opposite thereto and in front thereof, and to connect the same with any existing pipes in front thereof; and the actual expense thereof, including all labor done and materials used in doing and completing the same, shall be assessed by the board upon each sepa- rate piece of property opposite which the same shall be done and completed and shall be a lien and liens on such premises and lots of land respectively, and the same shall be collected in the same manner as other assessments under this article, and when so collected, the amount thereof shall be paid to the sewer commis- sioners to meet the expense or maintenance of the sewer system. (Added by L. 1913, ch. 421, in effect April 30, 1913.) § 246. Constructing laterals in such districts. The construct- board of sewer commissioners may in any town where laterals a sewer district has been laid out and established as in sewer district hereinbefore set forth, construct one or more laterals upon one or more streets within the sewer district as established, from time to time, entirely at the expense of the owners of the land fronting on said street, streets or portions thereof whereupon said lateral or laterals are constructed provided a petition therefor be presented to the board of sewer commissioners signed by at least a majority of the resident owners of real property fronting on said street, streets or portions thereof whereupon it is proposed to lay and construct said lateral or laterals. 560 The Public Health Manual The board of sewer commissioners shall upon the re- ceipt of a petition as aforesaid give a public hearing thereon to all persons interested on a notice of at least ten days, which notice shall specify the time and place said hearing shall be held and shall be served upon the owners of the land fronting upon said street, streets or portions thereof set forth and described in said peti- tion by mailing the same to their last known respective addresses or by publishing the same once each week for two weeks in a newspaper which circulates in said district, or by either or any of said methods. If the board of sewer commissioners shall act favorably upon said petition, they shall by resolution direct that suit- able plans be prepared, showing the location of such lateral or laterals and such street, streets or portions thereof it is proposed to sewer thereby, giving the dimensions of the pipes proposed to be laid, the loca- tion of the manholes and flush tanks, and showing where the same are to be connected with the sewer system within said district, and if there be a lateral or por- tion thereof upon such street, streets or portions, said commissioners are hereby given power and authority to repair or enlarge the same so as to conform as near as possible with the lateral to be constructed. (Added by L. 1913, ch. 72; amended 1916, ch. 593.) § 247. Contracts for construction of laterals. The board of sewer commissioners may employ a suitable of laterals engineer to make a survey and prepare the plans re- ferred to in section two hundred forty-six, and after the same has been prepared and adopted by the board of sewer commissioners they may cause specifications to be made, and to advertise for bids to construct such lateral, laterals or portions thereof referred to in such petition, and to do all things necessary in connection therewith, and to award a contract for the construction thereof to the lowest bidder, or they may reject any and all bids and readvertise. (Added by L. 1913, ch. 72, in effect March 11, 1913.) Contracts for con- struction Towisr Law 561 § 248. Improvements; how paid for. After the board improve- of sewer commissioners have received the bids, they must {^ s ascertain the total cost of constructing said laterals in- paid for eluding the fees of the engineers and inspectors. They shall then report to the town board of the town wherein said sewer system is located, to which report there shall be attached a copy of the plans and specifications for such improvement and tabulated statement of the bids received, showing the lowest bid and the estimated cost of the improvement as determined by the sewer com- missioners, which shall be filed in the office of the clerk of said town, and the town board shall direct the issue and sale of bonds for the aggregate amount of the cost of said improvement as provided in section two hun- dred and forty-three of this act, and the principal and interest on said bonds shall be apportioned upon the property fronting upon said street, streets or portion thereof referred to and mentioned in said petition in the same manner as the original cost of constructing the sewer system is directed to be apportioned upon the property within the district, and the sewer com- missioners shall have the same control and make the same rules and regulations in connection with the lateral, laterals or portions thereof so constructed as they may enforce from time to time in reference to the sewer system within said district, and the cost of main- taining the same shall become a part of maintaining the entire sewer system and be apportioned in the same manner. After the money is obtained for the construc- tion of said lateral, laterals or portions thereof, the commissioners shall then enter into a contract for the construction of the same, which contract shall be en- tered into the same manner as the contract referred to in reference to the construction of the entire system. (Added by L. 1913, ch. 72, in effect March 11, 1913.) § 320. Collection and disposition of garbage and ashes. Within any town having over five thousand 562 The Public Health Manual Collection and dis- position of garbage and ashes Collection of ashes and dis- position garbage certain towns of inhabitants or within any town adjoining a city of the first class, or within any district in any such town established by the town board of such town, it shall be lawful for the town board of such town to provide for the collection of and to cause to be consumed by fire or heat or disposed of in such other manner as the town board may determine, and to prohibit the throwing, casting or deposit in any body or stream of water, or upon any ash heap or other place than such as may be provided by them within such town or district, any animal or vegetable refuse, dead animal, carrion, offal, swill or garbage. And it shall be lawful for the town board of any such town, to contract for the collection and for the consumption by heat or fire or for the disposition in such other manner as the town board may determine of any such refuse or other aforesaid matter, or for the purchase, maintenance and operation of any appliances for the collection and disposition thereof. Such town board may also provide for the collection and disposition of ashes and may contract for such collection and disposition, or for the purchase, maintenance and operation of any appliances for the collection and disposition thereof. ( Amended by L. 1917, ch. 55, and L. 1918, ch. 432, in effect May 2, 1918.) § 477-a. Collection of ashes and disposition of gar- bage in certain towns. The said board, upon a petition of the owners of the real estate in said town, or the owners of the real estate in the part of said town in such petition described, may contract with persons or corporations for the collection and disposition of all ashes, refuse or other indestructible matter, swill or garbage, in said town or in the part thereof described in such petition, but the expense thereof shall be assessed upon and collected from the several lots or parcels of land described in such petition. No such petition shall be of any force or effect, nor shall such Vaccination 563 petition be acted upon by such, board, unless the same shall be signed by the resident owners representing not less than one-half of the taxable real estate situ- ated in the district described in such petition. (Added by L. 1916, ch. 91, in effect March 30, 1916.) TUBERCULOSIS Powers of local officers and duties of physicians. Public Health Law, §§ 320-332 (p. 213). Consents requisite to establishment of hospitals and camps, in towns.. Public Health Law, § 319 (p. 211). Hos- pitals in cities of first class. General City Law, §§ 140-142 (p. 459). State Hospital for Incipient. State Charities Law, f§ 160-163 (p. 537). County hospitals for. County Law, §§ 45-49e (p. 406). Report of apparent cases. Sanitary Code. Chap. II, Reg. 42-a (p. 325). Duties of physicians and others. Sanitary Code, Chap. II, Reg. 42 (p. 325). Register of cases. Public Health Law, § 322 (p. 215), and Sanitary Code, Chap. VII, Reg. 8 (p. 358). Records produced upon subpoena. iS&nitary Code, Chap. VII, Reg. 14 (p. 360). Boarding houses receiving cases. Sanitary Code, Chap. VIII, Regs. 4-6 (p. 361). Cattle affected with. Agricultural Law, Art. V (p. 378 1 ). UNDERTAKERS Practice of embalming. Public Health Law, §§ 290- 299 (p. 181). Duties of. Public Health Law, §§ 377- 381 (pp. 256, 258). Registration. Public Health Law, § 385 ( p. 262 ) . Alleged practice of embalming. Penal Law, § 1763 (p. 524). Duties of. Sanitary Code, Chap. II, Reg. 52 (p. 331). VACCINATION Local board of health to provide. Public Health Law, § 25 (p. 39). Of school children. Public Health Law, § 310 (p. 19'9). How made; reports. 564 The Public Health Manual Public Health Law, % 311 (p. 200). At public ex- pense, by local board of health. Sanitary Code, Chap. II, Reg. 31 (p. 319). VENEREAL DISEASES Bureau of, State Department of Health. L. 1918, chap. 342 (p. 301). Regulation of. Public Health Law, §§ 343-m-343-t (p. 238). Laboratory exami- nation. Public Health Law, §25 (p. 38). Sanitary Code, Chap. II, Reg. 2-a (p. 306). Declared com- municable. Sanitary Code, Chap. II, Reg. 1 (p. 305). Instruction of persons affected with. Sanitary Code, Chap. II, Reg 29-a (p. 317). Records confidential. Sanitary Code, Chap. II, Reg. 29-b (p. 317). Occu- pations forbidden. Sanitary Code, Chap. II, Reg. 29-c (p. 317). Reporting persons violating laws and regulations. Sanitary Code, Chap. II, Reg. 29-d (p. 318). Duties of physicians and others. Sanitary Code, Chap. II, Reg. 29-e (p. 318). Persons affected with, not to act as barbers. Sanitary Code, Chap. VII, Reg. 4 ( p. 356 ) . Manicures and chiropodists, cus- tomers affected with. (Sanitary Code, Chap. VII, Reg. 5 ( p. 357 ) . Advertisements relating to treatment. Penal Law, § 1142-a (p. 515). Statement required for marriage license. Domestic Relations Law, § 15 (p. 432). Suppression of certain nuisances (houses of prostitution). (Public Health Law, §§ 343-a-343-i (p. 234 ) . Permitting use 'of building for nuisance. Penal Law, § 1533 (p. 518). VENTILATION Institutions for children. Public Health Law, § 315 (p. 205). Mercantile establishments. Labor Law, § 168-f . Factories. Labor Law, § 86. Tenement houses. Tenement House Law, Art. IV. Boarding houses, re- ceiving children. Sanitary Code, Chap. VIII, Reg. 2 (p. 361). Hotels. Public Health Law, § 354 (p. 248). School buildings. Education Law, § 451 ( p. 440 ) . Village Law ■ 565 VETERINARY SURGEONS Practice of. Public Health Law, §§ 210-224 (p. 134). Misconduct of. Penal Law, § 1762 (p. 524). Approved, in employ of commissioner of agriculture. Agricultural Law, Art. V (p. 37'9). VILLAGE LAW (L. 1909, eh. 64, const, ch. 64 of Cons. Laws) ARTICLE III § 43. List of village officers; mode of choosing; official village o ffi. c g rs year; terms of office. Every village shall have a president, not less than two trustees, a treasurer, a clerk and a street commissioner. Except as herein provided, every village shall also have a collector, but a village of the first class may, upon the adoption of a proposition therefor at a special election and a vil- lage of the second class may, upon the adoption of a proposition therefor at an annual or special election, determine that no collector shall thereafter be elected therein. A village of the first or second class may also have a deputy clerk, and any village may have a village engineer. There shall be a board of health in each village, consisting of the board of trustees of such village. The president, trustees, treasurer, collector, police jus- tice and assessors shall be elective officers, except that in a village of the first or second class the treasurer may be appointed, upon the adoption of a proposition therefor at a village election. All other village offi- cers shall be appointed by the board of trustees, except as otherwise provided herein. In all villages the offices of clerk and street commis- sioner may be elective, upon the adoption of a propo- sition therefor at a village election, and after the adoption of such a proposition, a proposition may be 566 • The Public Health Manual submitted for the appointment of such officers, at any subsequent village election. After a proposition has been adopted changing the method of filling such offices, another proposition changing such method shall not be submitted until after a period of two years from the adoption of such prior proposition. An " official year " begins at noon on the first Mon- day after the third Tuesday of March, and ends at noon on the same Monday in the next calendar year. The term of office of the president, treasurer, collector, clerk, street commissioner and inspectors of election shall be one official year; of each trustee elected for a full term, two official years, and of a police justice, four calendar years. The term of each village officer, except police justice, begins at noon on the first Mon- day after the annual election. A full term of the police justice begins on the first day of January suc- ceeding the annual election at which he was elected. After the first election in a village subject to the pro- visions of this chapter one-half of the trustees shall be elected each year for a full term. (Amended by L. 1915, ch. 323, in effect April 17, 1915.) ARTICLE IV Meetings § 87. Meetings of the board of trustees. The presi- of iuSees °- ent ano - tne trustees of a village shall constitute the board of trustees thereof. The board shall meet at seven o'clock in the afternoon on the Monday following the annual election, and such meeting is known as the annual meeting of the board. The board shall hold other regular meetings at such times and places in the village as it shall, by resolution, provide. Special meetings may be called by the president or by any two trustees, by causing a written notice, specifying the time and place thereof, to be served upon each member of the board, personally, at least one hour, or by leaving a notice at his residence or place of busi- Village Law 567 ness with some person of suitable age and discretion, at least twenty-four hours before the time of meeting. § 89. General powers of the board- of trustees. The board of trustees of a village: ********* 25. Disposition of garbage and ashes, a. May pro- Disposi- tion of vide for the removal from the buildings in said village garbage and for the disposition of swill, garbage, ashes and and ashes rubbish of said buildings, or for the removal and dis- position of the swill and garbage alone, or the ashes alone, either directly through the employees of said village or by contracting with other persons or with the town in which such village is located, provided, however, that authority shall be first obtained therefor by a proposition adopted at a village election, which proposition shall state the maximum amount to be expended for such purpose or purposes in any one year. b. Upon the adoption of a proposition therefor at a village election, may establish or construct a plant for the disposal of swill, garbage, rubbish and ashes, or any of them, and may purchase or lease real property therefor and vehicles or other appurtenances to be used in connection therewith. Such proposition shall state the estimated maximum and minimum cost thereof. Upon the acquisition of such plant, may, without the adoption of any proposition as to the amount to be expended therefor in any one year, operate the same and collect and dispose of swill, garbage and rubbish, either directly through the employees of said village or by contracting with other persons or with the town in which such village is located for a period not ex- ceeding five years. (Amended by L. 1916, ch. 114, and L. 1918, ch. 385, in effect April 30, 1918.) § 90. Village ordinances. The board of trustees has power to enact, amend and repeal ordinances for the following purposes: 568 The Public Health Manual Keeping of 29. Keeping of swine. To regulate or prohibit the keeping of swine within the village limits. (Added by L. 1916. ch. 199, in effect April 12, 1916.) Keeping of 30. Keeping of calves. To regulate the keeping of calves within the village limits. (Added by L. 1917, ch. 213, in effect April 19, 1917.) Building § 90-a. Building and sanitary codes. The board of tary codes trustees of any village, whether organized under a general or special act, may, by a majority vote of all of said board at a meeting thereof duly held, taken and recorded by calling the ayes and noes adopt an ordinance to be known as the building code, which shall provide therein rules and regulations for the construction, alteration, removal and inspection of all buildings or structures erected or to be erected within the limits of the village, providing therein and regulating thereby the plans and means of all such construction, alteration or removal of all of such build- ings and structures. The board of trustees of any vil- lage of the first class or of -any village in a county of less than one hundred and fifty thousand population, which adjoins a city of the first class by a majority vote of all of said board, at a meeting thereof duly held, taken and recorded by calling the ayes and noes, may also adopt an ordinance to be known as the sanitary code, which shall provide therein rules and regulations for the construction, alteration, removal and inspec- tion of all plumbing and drainage systems in build- ings now erected or to be erected upon property within the limits of the village, providing therein and regulating thereby all such construction, alteration or removal of all such plumbing and drainage, and the licensing of plumbers to do such work. The board of trustees shall have authority to provide penalties or punishments for disobedience to any such ordinances in the manner prescribed by section ninety-three of this chapter and may appoint and remove such inspectors Village Law 569 and examiners as may be required to properly execute the provisions of said ordinances, and shall possess authority to alter and amend said ordinances from time to time and to issue licenses to plumbers and builders by a like vote. Nothing herein contained shall impair any other power conferred by law upon a board of trustees in relation to the same or kindred matters. (Added by L. 1910, ch. 202, and amended by L. 1915, ch. 36, and L. 1916, ch. 397.) § 91. Licensing occupations. The board of trustees Licensing of a village may, by ordinance, prohibit the pursuit °?cupa- or exercise without a license of any of the following trades or occupations within the village, to wit: 1. The running of public carriages, cabs, hacks, carts, drays, express wagons, or other vehicles for the trans- portation within the village, for hire, of persons or property, soliciting or running therefor, or for hotels, auctioneering, hawking and peddling, except the ped- dling of meats, fish, fruit and farm produce. ARTICLE V § 128. Borrowing money generally. If authorized by a proposition adopted at an election, money may be borrowed by a village upon its bonds or other obli- gations, payable in future fiscal years. Such proposi- tion shall specify the amount to be borrowed, the pur- pose to which the same shall be applied, and shall state, within the limitations prescribed by section one hundred and twenty-nine of this chapter, the time or times when such bonds or obligations shall become due; which proposition shall be printed in full upon the ballot or ballot label, to be voted at such election. No money shall be so borrowed except for the purpose of purchasing, constructing and maintaining the following village improvements. 570 The Public Health Manual 6. Waterworks. **#*■!{• 8. Sewerage. 14. Plants for the disposal of swill, garbage, ashes and rubbish, or any of them, or vehicles or other appur- tenances to be used in connection therewith. (Subd. added by L. 1917, ch. 27, in effect March 1, 1917. Sec- tion amended by L. 1910, ch. 4, and L. 1911, chs. 57 and 738.) ARTICLE XI Sewers Section 260. Establishment of sewer system. 261. Construction of sewer at expense of vil- lage. 262. Eeimbursement for sewers constructed at 263. Construction of sewer at joint expense of village and of property benefited. 264. Construction of sewers wholly at expense of property benefited. 265. Acquisition of property by condemnation. 266. Contracts for construction of system. 267. Supervising engineer; inspectors. 268. Apportionment of local assessment. 26*9. Appeal from apportionment. 270. Hearing of appeal. 271. Keapportionment. 272. Procedure by new commissioners. 273. Fees of commissioners. 274. Expense of construction; how raised. 275. Tax for unpaid assessments. 276. Contracts with other municipalities, sewer districts, et cetera. 277. Annual report of sewer commissioners. 278. Sewer connections. Village Law 571 § 260. Establishment of sewer system. The board of Establish- sewer commissioners of a village may establish, extend sewer and maintain a sewer system therein. Before taking s y stem any proceedings for the construction of any sewer, the board, at the expense of the village, shall, unless such map and plan have already been officially approved by the state commissioner of health and copies filed in the state department of health and in the office of the village clerk, cause a map and plan of a permanent sewer system for such village to be made, with specifi- cations of dimensions, connections and outlets of sewage disposal works. It may also include any existing sewer in the village, which on examination by the village engineer shall be found feasible and proper to incor- porate or include in the proposed system. Such map and plan shall be comprehensive and shall cover all portions of the village, but the village may construct the whole of the said system or may temporarily omit any portions thereof until such portions may be neces- Sewer sary, subject to the approval of such omission by the state commissioner of health as hereinafter provided. Such map and plan shall be submitted to the state commissioner of health for his approval, and if approved shall be filed in his office. A copy thereof shall also be filed in the office of the village clerk. The map and submis- plan may be amended, with the approval of the state ^ ap " and commissioner of health, and when so amended and ap- P la ° t0 ' . state corn- proved shall be filed in the same offices as the original, missioner No work of any kind shall be done on or for the con- °* r a p_ struction, extension, reconstruction, removal or modifica- provai tion of any system of sewers or of any sewer thereof until a map and plan covering the entire system shall first have been duly approved and filed as above pro- vided, and in the execution of the construction, exten- sion, reconstruction, removal or modification of any sys- tem of sewers or of any sewer thereof no deviations from the plans as finally approved and filed shall be 572 The Public Health Manual Certifica- tion to state com- missioner of health if portions of sewers and sewage disposal works are to be tempo- rarily omitted Construc- tion at expense of village Reim- bursement for sew- ers con- structed at private expense Construc- tion of sewer at joint ex- pense of village and property benefited made until plans or descriptions adequately showing such deviations are first approved and filed as above provided. Whenever the board of sewer commissioners of the village shall deem it desirable to the interests of the village that a portion of the permanent general system of sewers and sewage disposal thereof may be temporarily omitted or deferred, it shall certify that fact in writing to the state commissioner of health, designating by a map or otherwise the portions of the system to be omitted, or the portion not to be omitted, and on receipt of the same the state commissioner of health may approve of such temporary omission and shall certify his determination to the board of sewer commissioners of the village. § 261. Construction of a sewer at expense of village. Upon the adoption of a proposition therefor the whole or any part of the sewer system may be constructed at the expense of the village. The proposition shall describe the portion of the system proposed to be so constructed, and shall also contain a statement of the estimated maximum and minimum cost thereof. § 262. Reimbursement for sewers constructed at pri- vate expense. If the whole of the sewer system be constructed at the expense of the village and a sewer theretofore constructed wholly or partly at private ex- pense be included in the map or plan of the system, the owners of the property upon which such expense was assessed shall be entitled to reimbursement there- for. Claims for such reimbursement may be presented to and audited by the board of sewer commissioners, and the amounts allowed shall be paid in the same manner as other expenditures for the sewer system. § 263. Construction of sewer at joint expense of vil- lage and of property benefited. Upon the adoption of a proposition therefor, the whole or any part of the sewer system may be constructed at the joint expense of the Village Law 573 village and of the property benefited. The proposition shall describe the portion of the system proposed to be so constructed, shall contain a statement of the estimated maximum and *mimimum cost thereof, and also of the proportion of the expense to be assessed upon the village at large, and the aggregate proportion to be assessed upon the property benefited. If the proposi- tion be adopted such aggregate proportion shall be equitably adjusted with reference to the benefits to be derived therefrom. § 264. Construction of sewers wholly at expense of c °n str « c - * tion of property benefited. The owners of two-thirds of the sewers entire frontage of the portion of a street or streets Expense E of in which a sewer is proposed to be constructed may property , j *, , -, - . . benefited present to the board of sewer commissioners a peti- tion for the construction of such a sewer. The board shall cause a notice of at least ten days to be given to each person owning land fronting on such portion of such street or streets, of a time and place where it will meet and hear persons interested in the con- struction of such sewer. After such hearing the board may grant the petition in whole or in part, and shall construct a sewer as ordered, and assess the entire ex- pense thereof upon the property benefited. Where such petition is for the construction of a sewer through different streets, such sewer shall be deemed one sewer, and such streets, one continuous street for the purposes of this section. A petition under this section may limit the maximum amount of the expense to be in- curred in the construction of such sewer. § 265. Acquisition of property by condemnation. If Acquisi- the board of sewer commissioners is unable to agree property by with the owner for the purchase of real propertv neces- condem- * n , , nation sary for the sewer system, it may acquire the same by condemnation. * So in original 574 The Public Health Manual Contracts for con- struction of system Super- vising engineer ; inspectors Appor- tionment of local assessment § 266. Contracts for construction of system. The board of sewer commissioners of a village authorized to construct the whole or any part of a sewer system shall advertise for proposals for the construction thereof, either under an entire contract, or in parts or sections, as the board may determine. Such advertisement shall be published once in each of two successive weeks in each newspaper published in the village. The board may require a bond or a deposit from the person sub- mitting a proposal, the liability of such bond to accrue, or such deposit to be forfeited to the village, in case such person shall refuse to enter into a contract in accordance with his proposal. The board may accept or reject any proposal, may contract with other than the lowest bidder, or may reject all proposals and advertise again. No contract shall be made by which a greater amount shall be agreed to be paid, than the maximum stated in the proposition or in the petition for the con- struction of such sewer. § 267. Supervising engineer; inspectors. The board of sewer commissioners may employ a supervising en- gineer to superintend and inspect the construction of any sewer or works connected therewith, and also such inspectors as may be necessary, and fix the compensation of such engineer and inspectors. Such compensation shall be treated as a part of the expense of construction. § 268. Apportionment of local assessment. If the whole or any part of the expense of constructing a sewer is to be assessed upon the lands benefited the board of sewer commissioners shall prepare and file in the office of the village clerk, a map and plan of the proposed area of local assessment. Such expense shall thereupon be apportioned upon the lands within such area in proportion as nearly as may be to the benefit which each lot or parcel will derive there- from, and the ratio of such benefit shall be estab- lished. After making such apportionment the board Village Law 575 shall serve upon each land owner a notice thereof and of the filing of such map and plan, and that at a specified time and place a hearing will be had to consider and review the same. Such notice must be served at least six days before the hearing. The board shall meet at the time and place specified and hear objections to such apportionment. It may modify and correct the same or exclude land from the area of local assessment. The board of sewer commissioners, upon the completion of such apportionment, shall file the same in the office of the village clerk. The appor- tionment shall be deemed final and conclusive, unless an appeal be taken therefrom within fifteen days after the filing thereof. § 269. Appeal from apportionment. A person ag- Appeal grieved by an apportionment may, within fifteen days apportion- after the filing thereof, appeal therefrom to the county ment court of a county in which any part of the village is situated. Such appeal shall be taken by a notice, stating the grounds thereof, addressed to the board of sewer commissioners, and filed with the village clerk. § 270. Hearing of appeal. Either party may bring Hearing on the appeal upon a notice of not less than ten nor of a PP eal more than twenty days. All appeals from the same apportionment must be consolidated and heard as one appeal. The county court may affirm or reverse the apportionment. If it be reversed upon the ground that it is erroneous, unequal or inequitable, the court shall by the order of reversal appoint three disinterested freeholders of the village as commissioners to make a new apportionment, and no appeal shall be allowed from such order. § 271. Reapportionment. A reapportionment shall be Reappor- made in the following cases: tionment 1. By the commissioners appointed by the county court, where the original apportionment is reversed on the ground that it is erroneous, unequal or inequitable. 576 The Public Health Manual Procedure by new commis- sioners Fees of commis- sioners Expense construc- tion of 2. By the board of sewer commissioners where the original apportionment is reversed upon any other ground. A reapportionment under this subdivision shall be made in like manner as the original. § 272. Procedure by new commissioners. The com- missioners appointed by the county court shall give notice of the time and place at which they will meet to make such reapportionment, and shall serve notice thereof at least ten days before such meeting upon each owner of land within the area of local assess- ment as finally fixed by the board of sewer commis- sioners. They shall meet at the time and place speci- fied and make such reapportionment in the manner herein prescribed for the board of sewer commissioners. They shall file such reapportionment in the office of the village clerk, and it shall be final and conclusive. § 273. Fees of commissioners. Each commissioner appointed by the county court is entitled to five dol- lars for each day necessarily spent in making such reapportionment, besides his actual necessary expenses. Such fees and expenses are a charge against the vil- lage, and must be audited by the board of of trustees. The amount thereof shall be added to the portion of the expense of constructing such sewer or sewer system which is to be assessed against property specially benefited. § 274. Expense of construction; how raised. The ex- pense of constructing a sewer or a sewer system may be raised in an entire amount or in smaller sums from time to time as the board of sewer commissioners may determine. If any portion of such expense is to be borne by the village, bonds or certificates of indebted- ness may be issued therefor. If such expense or any part thereof is to be assessed upon property benefited the board may assess the same, or the instalment to be raised, on the several benefited lots or parcels, in. ac- cordance with the apportionment and ratio established Village Law 577 under this article. Notice of such assessment shall be given to the owners, who may pay the amounts assessed within ten days after the service of such notice. At the expiration of such time bonds or certificates of in- debtedness may be issued for the aggregate amount of such assessment then remaining unpaid. § 275. Tax for unpaid assessments. The board of Tax for trustees shall include in the annual tax levy the prin- " e ^sment^ S " cipal or interest accruing during the same fiscal year upon bonds or certificates of indebtedness issued on ac- count of default in the payment of local assessments under this article, and shall levy the same upon the lots or parcels in default. Such principal shall be apportioned among the lots or parcels in default so that the tax thereon will be the same as if an equal portion of the assessment were then to be paid. Interest on an unpaid assessment shall be added to such tax at the rate payable by the bond or certificate of indebtedness, which must be computed to the time when the principal or an instalment will be- come due; or if no principal will become due during the fiscal year, then the interest accruing during that year upon the assessment must be levied upon such lot or parcel. § 276. Contracts with other municipalities, sewer contracts districts, et cetera. The board of sewer commissioners with . other may contract for the connection of the sewers thereof panties, with the sewers of another village, or of a town, or a f e . wer dis - b ' ' tricts, etc. city, or of a sewer district established under the pro- visions of article eleven of the town law; or Jointly with such other village or a town or city or sewer district established as aforesaid, may construct, main- tain, operate or use sewers, outlets or disposal works; or may contract with any such other village, or a town, or city, or sewer district established as afore- said for the right to construct and maintain through any such other village, town or city, or sewer district 19 578 The Public Health Manual Annual report of sewer com missioners established as aforesaid, an outlet sewer, including the right to acquire real property for such sewer outlet, which thereupon may be acquired either at private sale or by condemnation as authorized by this act. No sewer, outlet or disposal works of any other vil- lage, town or sewer district thereof, or city, shall be constructed in any village without the approval of the board of sewer commissioners of the village in which such sewer, outlet or disposal works shall be constructed, and no such contract shall be made unless a proposition therefor be adopted by the village con- structing the sewer, outlet or disposal works, stating the maximum expense. (Amended by L. 1909, ch. 212; L. 1912, ch. 122, and L. 1915, ch. 25, in effect March 4, 1915.) § 277. Annual report of sewer commissioners. Be- tween the first and fourth day of March in each year, the board of sewer commissioners shall file with the village clerk a report containing a statement of the fol- lowing facts: 1. The amount of money on hand at the beginning of the preceding fiscal year, and the receipts from all sources during such year. 2. An itemized statement of the amount paid out dur- ing such year, and the "balance on hand. 3. The outstanding indebtedness of the department, either bonded or otherwise, separately stated. 4. A statement of the principal or interest which will become due during the current fiscal year on bonds or certificates of indebtedness. 5. The improvements and extensions made during • such preceding year, and the general condition of the sewer system. 6. Such other facts as the board deems important for the information of the village, together with such recom- mendations concerning the department as may be deemed proper. Village Law 579 § 278. Sewer connections. The board of sewer com- sewer ! i_i« t. j • j/u connec- missioners shall cause a notice to be published in the tions official newspaper of the village and in all other news- papers published therein requiring the owners or oc- cupants of any and all property fronting or abutting on any street or portion thereof in or upon which any public sewer is about to be laid or is being laid or has been laid by the said board to make and lay connec- tion pipes to and from the sewer mains in said street or any portion thereof in front of each separate piece of property and where directed by said board, within such time and in such manner and under such in- spection as said board shall prescribe, and whenever any such owner or occupant shall have made default in making such connections with said sewer mains opposite the lands and premises owned or occupied by him as directed in and required by said printed notice therefor in the manner and within the time specified, the said board shall have power and authority to so make, extend and complete the same to the property line of the lands and premises so owned or occupied opposite thereto and in front thereof, and to connect the same with any existing connecting pipes in front thereof, and the actual expense thereof, including all labor done and materials used in doing and complet- ing the same, shall be assessed by the trustees of the village upon each separate piece of property opposite which the same shall be done and completed and shall be a lien and liens on said premises and lots of land respectively, and the same shall be collected in the same manner as other local assessments or assess- ments for local improvements as provided by the special charter of the village or the general village laws of the state as the case may be, and when so collected the amount thereof shall be paid into the sewer funds of the village. (Added by L. 1910, ch. 259, in effect Mav 7, 1910.) 580 The Public Health Manual WATER SUPPLY Rules and regulations of department — Potable waters. Public Health Law, §§ 7>3-84 (p. 63). Pollution forbidden, Labor camps. Sanitary Code, Chap. V (p. 347 ) . Approval of plans for. State institutions. Public Health Law, § 14 (p. 20). Regular analysis, State institutions. Public Health Law, § 14 (p. 21). Mercantile establishments. Labor Law, § 168-b. Throwing gas, tar or refuse into public waters. Penal Law, § 1759 (p. 523). Polluting waters. Conserva- tion Law, § 325 ( p. 401 ) . Municipal corporations to submit maps and profiles of sources of. Conservation Law, §§ 521-523 (p. 402). Sewage disposal as affecting potable waters. Conservation Law, § 525 (p. 403 ) . Power to establish systems. General City Law, § 20. Contracts for purification of. General Municipal Law, § 120 (p. 465). Authorizing governor to sus- pend rules, New York city, in emergency. L. 1917, chap. 600. Of towns. Town Law, §§ 270-298. Of villages. Village Law, §§ 220-235. INDEX Page Acquisition of land in emergency 19 Action against city for illegal destruction of property 34 for violations, by commissioner of health 22, 75 violations of water supply rules and regulations 60 Actions by municipalities to prevent sewage discharge 77 in court maintained by local board of health 61 proceedings and authority, state department of health, judicial 11 Acts of intoxicated physicians 524 Addicts 363 Addicts, drug, commitment, treatment and discharge 296,482 voluntary hospital commitment 297 Adulterated goods 522 Adulterations, defined 51 duties of state department of health 53 Adults, not to be quarantined in certain cases *C 310 Advertisements 363 Advertisements regarding venereal diseases, prohibited 515 see also publication. Agricultural law, extracts from 363 Almshouses, removal of inmates during epidemic 39 tuberculosis hospitals at 424 Analyses at request of health officer or physician 15 Analysis of liquors 54 Animals affected with tuberculosis, sale of 386 certificate of appraisal 387 compensation of owners 389 condemned, appraisers of 387 control and suppression of disease 379 destruction of, disposition of carcasses 388 diseased, appraisal 387 examination by veterinarian pre-requisite to destruction. 383 inspection and use of tuberculin and mallein 391 killed, payment for 388 postmortem examination 388 quarantine 383 * In references to Sanitary Code, letter C precedes page number. [581] 582 The Public Health Manual Animals — continued Page regulations relating to importation 381 report of disease 380 sanitation and inspection of stables; disinfection 382 Annual report, commissioner of health 19 sewer commissioners, village 578 Annual sanitary survey, local health officer 33 Annulment of registry, practice of medicine 109 Anthrax, a communicable disease, reportable C304 to be reported 483 Antimeningitis serum, sale regulated C 362 Antipneumococcus serum, sale regulated C 362 Apothecaries, see narcotic drug control. Appointive members, public health council, qualifications ... 9 Appointment certificate, oath, state board medical examiners. 102 commissioner of health and deputy 8 health officers 24 local boards of health 23 Application for approval of site for tuberculosis hospital. ... 211 for license to practice midwifery C 344 for permit to discharge sewage 70 for permit to establish labor camp C 348 for permit to sell milk and cream C 333 Apprentices, drug stores and pharmacies 158 Approval of plans, county tuberculosis hospitals 410 school buildings 440 sewage disposal plants. . 71 sewer system, town 551 village 571 public water supplies 402 Arsenic poisoning to be reported '.' 483 Articles contaminated with infective material, removal of . . C 311 Ashes and garbage, disposition of, certain towns 562 villages 567, 570 Asiatic cholera, a communicable disease, reportable C304 carriers of C 324 duties of undertakers C 331 physician to give instructions. .."...' C 312 removal of contaminated articles C 311 reporting, on dairy farms C 308 reporting, cities of first class 39 Assessment for construction of sewer systems, towns 553 villages 575 Attendant, precautions as to cleansing or disinfection C 313 Attending physician, certificate for attendance, school or Sunday school C 315 Index 583 Page Attorney-General, approval and enforcement, order to dis- ^ continue pollution Authorities: • c 327 county or municipal, report to ^ health, placards posted by local, action against, for property destroyed • . local health authorities (-see local board of health). municipal authorities, to provide medical care . Wi ^ public health authorities, reporting persons needing ^ ^ attention Bacteria: C 337 certified milk ' g g43 count, where made disease-producing, distribution of living cultures pro- ^ ^ hibited „ 39 Grade A, raw milk C339 Grade A, pasteurized milk C 340 Grade B, raw milk C 341 Grade B, pasteurized milk. 405 living, inoculation with forbidden without written permit. ( Bacteriologist, county, compensation and removal Bakeries 3g5 Bang system ■ • ■ • • • , qg Baptismal certificate, employment of children . *» Barber, alum or astringent liquid or powdered form only. ... C 356 disinfection of hands \ disinfection of instruments yt;i»uii vviui «j y" — — — C 317 occupation of ' ' person with syphilis or acute communicable disease not ^ ^ to act as p,^^ — regulations to be posted in shop • sterilization of shaving brushes Barbers and barber shops ° Barbers and barber shops, requirements brushes and combs to be cleansed clean towel for each customer • Basements, employment of women and children in • • - Bath attendant, person with syphilis in infective state not ^ ^ to act as j „ 9 ^ Bathing establishments Bathing establishments, sanitary condition of • Bedding, sheets and towels, hotels - Beds and ventilation, in institutions Bedspring, metal, manufacture and sale regulated *** Beverages, permit required for sale in health zone ^ *«>» 5S4 The Public Health Manual Page Birth certificate, attested, employment of children 493 certified copies evidence of age 264 required for employment certificate 485 information required 260 Births, registration 259 supplemental report of given name 262 Births and deaths, certified copies of records 267 health officer to secure prompt and full registration.... 34 registration 250 Blood samples to be submitted, typhoid and para-typhoid. . . C 310 Board of embalming examiners 181 Board of examiners for feeble-minded, criminals and defec- tives 245 appointment of counsel for person to be operated upon. 246 general powers and duties 246 persons to be operated upon 246 surgeon not to be held to account 247 unauthorized and illegal operations. 247 Board of examiners for nurses 169 Board of health, see local board of health. Board of managers, county tuberculosis hospital 413 Board of sewer commissioners, village 571 Board of supervisors, appoint managers of county tuber- culosis hospital 413 duty in respect to mosquito extermination 277 employees of county tuberculosis hospital exempted from jurisdiction 404 establishments of county tuberculosis hospital 406 inspection county tuberculosis hospital 423 Board of trustees, meetings 567 Boarding houses, diphtheria, scarlet fever or typhus fever in. C 320 handling of food forbidden, certain cases C323 letting of rooms forbidden C329 removal of cases of communicable disease C311 Boarding houses for children, inspection by health officer... C 360 license required . 512 requirements as to ventilation C 361 Boarding houses receiving tuberculosis cases, literature to be furnished C 362 inspection by health officer C 361 regulations to be posted C 362 Boarding or lodging house reporting presumably communi- cable disease C 308 Bodies, interred, record by local registrar 253 from institutions, retained for relatives 206 Index 585 Page Bottling of milk, condition of place C 335 to show place of C 335 Bovine tuberculosis, see animals. Box spring, upholstered, manufacture and sale 453 Brass poisoning, to be reported 483 Buildings, damages for removal 64 Bureau of veterinary service, Department of Agriculture. . . . 379 Burial permit, duties of registrar 265 fee for issuing 267 interment within state 258 required 253, 258 subregistrar may issue 252 undertaker to obtain 257 Business and manufacture, certain kinds prohibited in cities. 50 Butter, cheese, etc., defined 363 Cadavers 206 in certain counties 208 Calves 398 Calves, keeping „ . 568 Camps 398 in towns, for pulmonary tuberculosis 2.11 presumably communicable disease to be reported C 308 duty of health officer to inspect C 348 isolation of cases of presumably communicable disease. C 352 pollution of waters prohibited C 347 regulation 6, Chap. II, to be enforced C 352 see also labor camps. Canal ice, to be marked 522 Canals, overflow of water from . 17 Cancer, State Institute for Study of Malignant Disease.... 241 Cantonment zones, declaration of C 359 Caps: required for bottled milk C 335 to be marked C 337 Carriers, common: duties during epidemics C 330 placarding in case of epidemics C 331 transportation of dead bodies by C 359 Carriers of disease, control of, commitment 219 Carriers of disease germs subject to rules and regulations. . C 324 Carriers of typhoid fever, care and maintenance 49 Cattle, see animals. Cemeteries 398 Cemeteries, regulating interments, 3rd class cities 36 5S6 The Public Health Manual Certificate of birth, see birth certificate. of death, see death certificate. Page of examination and quarantine, commitment of children. 204 required for school attendance 445, C 315 Certified milk, defined C 337 sale regulated 366 Chancroid: a communicable disease C 305 duty of physicians and others C 318 exposure to, prohibited C 315 physician to instruct patient C317 records confidential C 317 regulation and control 237 reporting persons violating laws and regulations C 318 sexual intercourse with person in military or naval serv- ice felony 241 submitting specimens for laboratory examination C 306 Chemicals, careless distribution of samples. 521 Chickenpox: a communicable disease, reportable C 304 exclusion from school 445 exclusion from schools and gatherings C316 exclusion of children of households C 316 maximum period of incubation C 320 minimum period of isolation C 321 precautions to be observed C 316 removal of cases C 310 Chief medical officer, complaint to magistrate, disorderly conduct of patient committed 220 to report discharge of committed carriers of disease. ... 220 Child: conditions of license to board C 361 exclusion from schools and Sunday school, cases of dis- ease presumably communicable C 315 exposure to communicable disease prohibited C315 furnishing liquor or tobacco to, misdemeanor 514 having communicable disease, exposure of, prohibited. . C 314 in attendance at school or non-immune, not to be ex- posed to certain communicable diseases C 316 medical attendance for, failure to furnish 512 supplemental report of given name 262 unlawfully omitting to provide for 512 Children 398 boarding, without permit 512 boarding houses for, conditions of renewal of license. ... C 361 requirements for license 513 ventilation C 361 Index 587 Children — continued Page employed, registry of 500 employment certificate 492 employment in basements 502 employment in mercantile establishments 492 examination and quarantine, institutions 204 in factories, physical examination of 489 inspection of boarding houses receiving C 361 isolation, wards required, institutions for C314 of households, exclusion from schools and gatherings... C 316 persons affected with gonorrhea in infective stage not to engage in occupations involving intimate contact with C 317 summer vacation permit 497 Chiropodist: duty of county clerk 177 hands and instruments, cleansed and sterilized C 357 person affected with gonorrhea or syphilis in infective stage not to engage in occupation of C 317 regulations to be posted C 357 utensils and instruments kept clean and sanitary C 357 Chiropody 171, 399 Cholera, Asiatic, see Asiatic cholera. Cholera, cities of first class, to be reported 39 Circulars, communicable disease, health officer to distribute C 313 Cities: certain kinds of business prohibited 50 excepted , C 353, C 354 first class, health officials to report certain diseases.... 39 local boards of health. . . 23 rendering plants, etc. prohibited within 3 miles 50 tenement houses in 20 third class, interments in cemeteries regulated 36 City board of health, examination of nuisance . . . . 18 clerks, solemnizing marriages 428, 429 to issue marriage licenses 431 deputy clerks, may solemnize marriages 428 duty in matter of marriage licenses 432 records of marriage to be kept by 435 establishment of tuberculosis hospital, first class 459 City of New York, protection of water supply 59 excepted, sanitary code established by public health council 10. C 302, 303 excepted, supervision of state commissioner of health. . 12 Civil penalty, violation of health law or sanitary code 22 5SS The Public Health Manual Cleansing: Page and disinfection of person C329 and renovation at expense of owner or agent, after tuberculosis 217 at expense of occupant, after communicable disease. ... C 327 barbers' brushes and combs C 356 hands of manicures and chiropodists C357 hands of barber before serving each customer......... C 356 hands of milkers, " certified " milk C 338 renovation, and disinfection, methods and precautions to be observed C 328 utensils, milk C 336 Clerk, county, see county clerk. Clerk, town or city, issuing marriage licenses 432 marriage records kept by 435 penalty for violation 437 Cocaine, see narcotic drug control. Code, building and sanitary, village 568 Code of criminal procedure 399 Code, sanitary: commissioner to enforce 12 enforcement of 10 health officers to enforce 34 legal effect of 10 New York City excepted from provisions of 10 physicians not to be discriminated against 10 public health council to establish; scope and effect.... 10 sanitary supervisors, to enforce 14 violation a misdemeanor •• . . 22 Cold storage . . 399 food defined 226 food to be condemned 231 food to be in pure and wholesome condition 227 food to be marked 227 powers of state commissioner of health 229 license required, fee 227 penalties 232 reports of warehousemen to commissioner of foods and markets 231 return of food after released for market prohibited.... 231 rules and regulations authorized 230 sale of food kept in cold storage, without representing said fact, prohibited 232 time that food may be kept 229 transfer from one warehouse to another 231 Cold storage warehouse, milk and cream in C 343 Index 589 Page Commission to negotiate transfer of quarantine station to United States 82 Commissioner of agriculture, to condemn insanitary cans and receptacles 374 quarantine rabies 393 rules and regulations, diseases of domestic animals.... 383 Commissioner of health: acquisition of land in emergency 19 action, violation rules for protection water supply. ... 61 actions for violations 75 analyses, water supplies, state institutions 21 annual inspection, state institutions 20 annual report 19 annual report, county mosquito commission 277 appeal to, if health officer refuses labor camp permit. ... C 349 appoint deputy commissioner 8 directors of divisions 12 inspectors, sanitary conditions in hotels 233 mosquito extermination commission, county 273 sanitary supervisors 13 appointment, qualifications, term 8 approval and inspection, additions or changes county tuberculosis hospitals 416 approval, plans and equipment county tuberculosis hos- pitals 410 approval required, distribution living culture of bacteria. C 326 approve form of report, procedure and precautions, tuberculosis 221 laboratories C 309 laboratories making bacterial counts C 343 maps and plans, village sewer system 571 town sewer district 233 persons permitted to examine tuberculosis register. C 358 plans for state institutions .20 county tuberculosis hospital 410 plans, estimates, etc. mosquito exterminating com- mission 276 recommendations as to sewers, villages 32 removal of local health officer 24 vaccine virus and vaccination 200 audit expenses relief of indigent Indians in case of epidemic 48 carriers of disease 49 authority to investigate irregularities or violations of vital statistics law 270 590 The Public Health Manual Commissioner of health — continued Page autopsies, regulation and control 16 boarding and lodging house proprietors to be furnished literature C 362 certify existence of smallpox to school authorities 199 certify to municipality amount due registrar 266 commissioner of education to consult, rules and regula- tions for schools 445 consent required, to establish tuberculosis hospital or camp 211 consolidate health districts 25 contracts with branch laboratories 15 declare existence of epidemic C 330 duties in respect to hospitals for contagious diseases.. 15 laboratories 15 shellfish grounds 401 vital statistics 250 employment of experts 18 public health nurses 14 enforcement, tenement law, cities 20 establish laboratories . . . 15 sanitary districts 13 examinations and analyses 15 and surveys 13 examinations into nuisances 18 exclusive jurisdiction over state lands....... 13 food, preparation and service 233 full power 21 furnish blank forms and instructions for registrars.... 263 record books for registrars of vital statistics 266 general powers and duties 12 hospitals for contagious diseases, duties 15 for tuberculosis, in towns, approve site 211 Indians, relief of, in case of epidemic 48 inform registrars diseases considered communicable,* etc. 264 inoculation with living bacteria, permit required C 326 inspection of laboratories C 327 inspection of public works 19 inspection and supervision, preparation and service of food 233 license midwives C 344 local health officer, failure municipality to appoint. ... 19 mandamus 50 maps and plans, sewer system, village, approval 571 town 550 may compel witnesses to testify 13 may employ assistants 12 Index 591 Commissioner of health — continued Page may employ experts 18 may order destruction of food C323 may request attorney-general to assist in enforcement vital statistics law 270 may reverse local ordinance 13 revoke license to practice midwifery C 346 revoke permit for sale of milk or cream C 333 revoke labor camp permit C 349 member public health council 9 member of board of trustees, state institute for study of malignant disease 241 minimum potency of serums to be fixed by rules and regulations C 362 monthly reports ©f health officers filed with C 358 notice to convene local board of health '. C 354 nuisances, examination into, upon order of governor. ... 17 order discontinuance' stream pollution 69 local board to convene to enforce water rules 61 overflow of water from canals 17 permission to sell or convey living cultures of pathogenic germs 504 permit for sewage discharge 70 to discharge refuse or waste matter from industrial establishments 71 petition for establishment tuberculosis hospital, town. . . 212 placarding common carriers C 331 plans, county tuberculosis hospital 410 refuse discharge pipes 72 sewage discharge and disposal plant 70 state institutions 20 ports or landings, designate C 308 power, where local board fails to appoint health officer. . 19 powers, county tuberculosis hospital 406 powers and duties, general 12 exception, city of New York 12 prescribe form: application for labor camp permit C348 for midwife's license C 345 permit to sell milk or cream C 333 autopsy records 16 burial or removal permit 258 license, boarding houses for children C361 methods of making eye and ear tests in schools. . . . 444 permit for labor camp C349 scorecard for dairy farms C 334 public health nurses, appointment 14 592 The Public Health Manual Commissioner of health — continued Page public works, examination and inspection 19 register midwives, to be kept by C 346 regulations of public health council to be sent health officers 10 removal of local health officer 24 report to district attorney, violations of vital statistics law 270 report to, communicable disease on dairy farm C 309 food poisoning C 324 non-resident tuberculosis cases in institutions 214 vaccinations . . . 201 reverse or modify order, local board of health 13 revocation of license, boarding children C 361 permit, sale of beverages in health' zones C 360 • sale of milk and cream C 333 sewage discharge 73 right of entrance 13 right of entrance, hotels 248 rules for transportation of dead bodies by common carriers C 359 salary and expenses ; 11 sanitary districts, establishment 13 sanitary supervisors, appointment 13 service of notice for violations of section 76 75 shellfish grounds 401 state institutions, inspection 20 state institutions, report of outbreak of disease 21 subpoena, issue 13 supplementary rules and regulations for labor camps. ... C 352 tenement house law, enforcement 20 tuberculosis hospital or camp, town approval of site.... 212 vaccination reports 201 venereal disease bureau under direction of 301 vital records, furnish certified copies 267 statistics, blanks and forms furnished 263 enforcement of provisions ; 270 preserve records 264 water supplies, state institutions, analyses 21 written permission required for use of living bacteria inoculations , C 326 see also state department of health. Commissioner of labor, may call upon state and local boards of health 483 Commissioner of water supply, gas and electricity, New York city 59-63 Index 593 Page Commitment, carriers of disease, dangerous and careless patients 219 costs of, insanity 473 dangerous insane 481 drug addicts 296, 482 inebriates 482 insane, temporary 472 compensation and expenses, health officer 473 duties of health officer 475 state commission to advise local health officers.... 470 Common carriers: drinking cups and towels forbidden C 355 duties of, in epidemics C 330 placarding by C 331 transportation of dead bodies by C 359 Common drinking cups, drinking and eating utensils, for- bidden C 355 Common towel, forbidden C 355 Communicable disease 400 Communicable disease, see disease, communicable and chap- ter II, sanitary code. Compensation, animals slaughtered 389 Compensation and expenses, local health officers 29, 473 health officers, care of smallpox 30 officers and employees, state department of health 11 public health council 9 Compressed air illness, to be reported 483 Compulsory school attendance 446 penalty for noncompliance 447 Condemnation proceedings 19 property, local board of health, village 33 sewer systems, villages 574 towns .• 552 tuberculosis hospital, county 408 Condemning milk vessels 373, C 335 Conditions: for issue of permit for labor camp C 349 keeping milk for sale C 335 renewal of license, boarding children C 361 renewal of permit to sell milk or cream C 334 sale of foods from farm or dairy C 322 selling bottled milk C 335 to sell milk and cream '. C 334 who may prescribe C 333 Confectionery, adulterations 53 594 The Public Health Manual Page Conferences, expenses of health officer in attendance 30 health officers to attend 34 Conservation commission, approve plans for sewage disposal 403 Conservation law, extracts from 400 sewage disposal as affecting potable waters 403 shellfish grounds, inspection 401 Consolidated health district: abstract 27 estimate 28 expenses 29 Contagious disease, exposing person affected with 523 public schools 445 Contractor, to notify health officer of camp of five or more persons C 347 Cooks affected with, or exposed to, communicable disease. . C 323 Coroner, autopsy record filed with. 16 Coroners 404 Coroner's inquest 257 Corpse, see cadaver. Coughing, unguarded, forbidden C355 Council, public health, see public health council. Counsel, appointment, to person to be operated upon 246 County bacteriologist, compensation and removal 405 County clerk: distribute books and forms 437 duty to register chiropodists 177 marriage records to be kept by 436 proof of publication of water rules filed with 60 record of permit to discharge refuse and wastes filed with 72 to discharge sewage 71 resolution condemning property for tuberculosis hospital 409 County hospitals, tuberculosis, see county tuberculosis hos- pitals. County laboratories, bacterial count for milk permit may be made at C 343 County laboratory: compensation and removal of bacteriologist and assist- ants 405 establishment 405 County law, extracts from 404 County medical society, certify milk C 338 County mosquito extermination commission. 271 accumulation of water a nuisance 275 annual report 277 Index 595 County mosquito extermination commission — continued Page chairman of board of supervisors, ex officio member. ... 272 clerks and assistants 274 commission a body corporate and politic; powers 274 disbursements by county treasurer 277 duties of boards of supervisors 277 duties of clerks and assistants 275 establishment, appointment of commission 272 estimate of annual requirements, power and duty of state health commissioner 276 members serve without compensation 273 obstructions; interferences 279 official oath; officers 274 powers and duties of commission 2 75 publication of notice of entry; claims, damages and payments 275 reservation of powers 278 secretary of commission; salary 274 state commissioner of health appoints one member.... 273 term of office 273 County nurse, employment 416 County tuberculosis hospital: admission of patients, records 418 from counties not having hospital 422 from county 420 annual report 416 appointment of managers 413 approval and inspection, additions or alterations 416 approval of plans and equipment for building 410 certification bills and accounts ." 415 contract with adjoining county 406 county nurse : 416 discharge of patients 419 employees exempted from jurisdiction of supervisors. ... 404 establishment 406 examination of patients 419 examination of suspected cases 416 general powers and duties of managers 414 hospitals at almshouses " 424 inspection and meetings of managers 415 joint 406 maintenance of patients from counties not having hospitals 423 from county 421 powers of state commissioner of health 406 record of proceedings of board of managers 415 salaries of employees 414 596 The Public Health Manual County tuberculosis hospital — continued Page superintendent, appointment and qualifications 414 attend courses at Ray Brook, expenses 419 courses at Ray Brook, open to 537 general powers and duties 417 to give bond 419 visitation and inspection. . . 423 Courses for county tuberculosis hospital superintendents, at Ray Brook 537 Cow, keeping in crowded or unhealthy places 511 Cows : care and feed 365 exclusion from herd after tuberculin test C337, C339 physical examination C 339, C 340, C 341 Cream, see milk and cream. Criminals, sterilization of 2 46 Croup, membranous, minimum period of isolation C321 reportable communicable disease C 305 see also diphtheria. Cultures, living, of disease producing bacteria, distribution prohibited C 326 to be taken in cases where diphtheria is suspected C 309 Dairy farms: destruction of food in certain cases C323 inspection and scoring C 334 rated, 40 per cent C 334 reporting communicable disease on, by physician C 308 reporting disease presumably communicable on C 309 sale of food forbidden in certain cases C 32 2 Damages, action against city, village or town 34 . removal of buildings 64 unjust destruction of property upon order of health officer 34 Dangerous and careless patients, control of 219 Dead, transportation of, by common carriers C 359 Dealer, milk, see milk. Death, causes, strictly defined . . • 25 7 certificate,, information required 255 registration 250 stillbirth registered as 254 without medical attendance, registration 257 Deaths, from communicable disease, duty of health officer and registrar C 32 5 Defective registration, correction 2 53 Defectives, criminals, etc., sterilization of 246 Index 597 Definition: Page adulterated milk 364 adulterated wine 56 adulterations, butter, cheese, etc 363 foods and drugs 51 board of health C 304 communicable disease C 303 food 51, 226 drug 51 half wine and made wine 57 health officer C 304 municipality 24, C 303 nuisance (houses of prostitution, etc.) 234 public 518 pure wine 56 sewage 70 Dentistry, practice of 115 see also narcotic drug control. Department of health, see state department of health. Deputy city clerk, may perform marriages, certain cities. . 428, 429 Deputy commissioner of health: appointment, qualifications, duties 8 may hold hearing on tuberculosis hospital site 212 salary and expenses 11 Deputy registrar 252 Destruction: of food, in certain cases C 323 of furniture, clothing and other articles C 329 unjust, of property upon order of health officer 34 Dining cars, preparation and service of food . . 23.3 right of entrance and inspection 233 Dining rooms, public, preparation and service of food 233 Dining rooms, public, right of entrance and inspection- of kitchens 233 Diphtheria (membranous croup): a communicable disease, reportable C 305 carriers of disease germs subject to rules and regula- tions C 324 contacts not to handle food or food products intended for sale C 323 control of 219 cultures to be submitted C 309 dangerous and careless patients, commitment 219 destruction of foods in certain cases C323 destruction of furniture, clothing, etc C 329 disinfection of discharges C 312 59S The Public Health Manual Diphtheria — continued Page distribution of circulars and notification of tenant C 313 duties of undertakers C 331 exclusion from schools and gatherings 575, C 316 exclusion of children of households C316 exposure of persons affected with C 315 exposure to, prohibited C 315 handling of food forbidden, certain cases C 323 hotel, lodging or boarding house C320 letting of rooms forbidden C 329 minimum period of isolation C 321 needless exposure to C 315 on dairy farm, destruction of food in certain cases C 323 on dairy farm, sale of food permitted under certain con- ditions C 322 posting placards C 314 precautions to be observed by physician and attendants. C 313 public or church funerals forbidden without consent of health officer C 332 quarantine in certain emergencies C320 removal of articles C 311 removal of case C310 removal to hospital or isolation and restriction of visiting C 319 reporting, on dairy farms C 308 sale of food forbidden in certain cases C 322 Directors divisions, state department of health 12 qualifications prescribed by public health council 11 Discharge of sewage into certain waters prohibited 67 into Susquehanna river prohibited 67 into Wallkill creek prohibited 67 penalties 76 revocation of permit 72 Diseased animals destroyed, compensation of owners 389 Disease, communicable: adults, not to be quarantined, certain cases C310 burial or removal permit to licensed undertakers only.. 265 dangerous and careless patients 219 defined C 303 designated C 304 disease requiring removal to hospital or isolation C 319 disinfection and cleansing of person C 329 disinfection, cleansing and renovation C327 duties of undertakers C 331 duty of health officer • 37 duty of health officer and registrar, death from C 325 exposure of persons affected with 523, C 314 exposure to, forbidden C 315 Index 599 Disease, communicable — continued Page fee for reporting to health officer 38 general provisions 37 handling of food forbidden C 323 in labor camp, to be isolated and not removed without permission of health officer C 352 in tenement houses 491 isolation of persons affected with C 310 local board may establish quarantine 37 to guard against introduction of 37 maximum period of incubation C320 minimum period of isolation C 321 persons affected with, handling of food forbidden C 323 persons affected with, not to act as barber C 356 physician to report to health officer 38 preventing spread of, in institutions C 314 removal of cases C 310 removal or isolation certain diseases, hotels, lodging houses, etc C 320 report of outbreak in state institution 2 report to'health officer when no physician in attendance 38 report by laboratories 38 reporting, by person in charge, camps C 352 by physicians C 305 reporting, in institutions C 307 reporting, on dairy farms C 308 tuberculosis reports confidential 39 which to be placarded C 313 see also names of diseases. Disease, presumably communicable: exclusion from school C315 in camps, to be isolated, not to be moved without per- mission of health officer C 352 to be reported by person in charge C308, C352 in private households, boarding and lodging houses. ... C 308 in schools C 307 on dairy farms C 309 on vessels C 308 Diseases of animals, see animals. Disease, communicable of skin, person affected with, not to act as barber C 356 Disease, venereal, see chancroid, gonorrhea, syphilis, vene- real disease. Disease, visible, of skin, precautions to be observed by chiropodist after serving customer affected with C 357 600 The Public Health Manual Disinfection: Page according to special rules and regulations required.... C 311 of belongings C 327 of brushes, barber shops C 357 of discharges C 312 of excreta C 312 of furniture, premises, etc., at public expense C 327 of hands of barber C 357 of person C 329 of person or garments of attendants C 313 of premises '. 216, C 327 of rooms, — methods and precautions C328 placard — if disinfection not complied with C329 premises, boats, cars, etc., to prevent spread of disease among animals C 383 public expense, after tuberculosis 217 required, following communicable disease public expense C 328 tuberculosis resort, at expense of owner of premises. ... C 217 Dispensaries , 425 Dispensary, preventing spread of communicable disease in.. C 314 District attorney, charged with enforcement statute requir- ing iron stairways on hospitals buildings 225 proceedings, adulteration of drugs 58 violations of vital statistics law 270 Divisions, state department of health 12 Docks and wharves, quarantine 80 Domestic animals, see animals. Domestic relations law « 425 see also marriages. Domestic servants, persons with syphilis in infective stage in occupation of C 317 Dormitories; beds, ventilation 205 Drainage of lands = . . 438 Drainage, removal mosquito breeding places 40 law, references 439 Drinking cup, common, forbidden C 355 Drug, defined 51 Druggist, registration fee; examination 153 see also narcotic drug control. Drugs 439 Drugs, adulteration 51, 160 careless distribution of samples 521 for treatment of venereal disease, to be dispensed only upon physicians' prescription 240 habit-forming, see narcotic drug control. labeling poisons 162 Index 601 Drugs — continued Page misbranding and substituting 161 omitting to label, or labelling wrongly 519 osteopaths not to administer 113 penalty for violating public health laws 521 samples to be furnished 55 Drug stores or pharmacies 155 apprentices and employees 158 sleeping apartments, rules of local board of health.... 159 working hours 158 Drugs, users, habitual, commitment 296, 482 Duties, commissioner of health, general 12 deputy commissioner of health 8 local board of health 29 local health officer 33 see also health officer, duties. public health council 9, 11 nurses 35 sanitary supervisors 13 undertakers 257, 258, C 331 Dysentery, amoebic or bacillary: a communicable disease C 305 destruction of foods in certain cases C 323 on dairy farm, sale of food permitted under certain con- ditions C 322 physicians to give instructions regarding disinfection of excreta C 312 reporting cases on dairy farms C 308 Dysentery, bacillary: carriers of disease germs C 324 contacts not to handle food or food products intended for sale C 323 Ear and eye tests, school children 444 Education law, extracts , 439 compulsory school attendance 446 penalty for non-compliance 447 contagious disease in public schools 445 ear and eye tests, public schools 444 enforcement 445 health certificate, pupils public schools 443 return after illness 445 medical inspection, pupils of public schools 444 inspectors, employment 442 school authorities, duties as to enforcement 439 state medical inspector, of schools 446 Education requirements, midwife C 345 602 The Public Health Manual Embalming and undertaking: Page application for license and examination 184 board of examiners 181 commissioner of health to approve rules and regulations 183 duty of state department of health, reports of examina- tion 185 examinations 183 examiners, appointment 184 examiners, powers and duties 182 illegal practice of 524 practice without license prohibited 188 reciprocal licenses . . : 187 recommend for license 185 records of examination 184 time and place of examination 184 undertakers, examination and license 185 violations of article 188 Eminent domain 19 Employee, affected with or exposed to communicable disease. C 323 Employees, state department of health, compensation 11 working hours, sleeping apartments, groceries, etc.... 159 Employer, report apparent case of tuberculosis 214 Employment certificate: affidavit of parents as to evidence of age 486, 495 cancellation if physical examination shows unfitness. ... 490 if physical examination refused 490 commissioner of labor to approve blanks and forms. . . .489, 499 contents 487, 496 education requirements, children under fifteen 487, 496 evidence of age required 485, 493 how issued 484, 492 minors, required 483 monthly report of health authorities 489, 499 notice to local board of health of revocation 490 personal physical examination of child 487, 495 physicians' certificates, first class cities 485, 494 record to be transmitted to commissioner of labor 489, 499 return to child when physical fitness shown by subse- quent examination 490 school record furnished health authorities 488, 496 summer vacation permit. 497 Employment of local boards and experts 18 minors 483, 492 nurse, county, for tuberculosis work 416 public health nurses 14, 35 women and children in basements 502 Index 603 Page Entrance, right of entrance and inspection 19, 233, 248, C 312 Epidemic cerebrospinal meningitis; see meningitis, epidemic cerebrospinal. Epidemic or streptococcus (septic) sore throat, see sore throat. Epidemic, relief of indigent Indians 48 Evidence: condemned milk vessel to be held as evidence C 336 moral character of midwife C 345 presumptive, registration, of midwife C346 written reports of health workers 34 required, employment certificate 484, 489 Examination: and inspections of public works 19 and quarantine, children admitted to institutions 204 employees — " certified " milk dairy C 338 into epidemics among Indians 48 into nuisances, by commissioner 17 monthly, inmates of institutions, reports 205 occupant of house, building or vessel by health authori- ties ... . C 312 of sputum 215 of water pollution, state department of health 78 questions, board of embalming examiners 183 chiropody, prepared by medical examiners 172 requirements, dentistry 120 druggist 153 pharmacist 152 Examinations, admission, veterinary medicine and surgery. 137 and analyses, state department of health 15 and surveys, by commissioner of health 13 optometry 190 physical, of children in factories 489 children admitted to institutions 204 practice of medicine, admission 103 registered nurses 169 waiver 170 state board of pharmacy 150 Exclusion from school, disease presumably communicable. 445, C 31 Exclusion from schools and gatherings: cases of certain communicable diseases C 316 children of households C 316 Excreta, instructions as to disinfection, by physician C 312 Expense, abatement of nuisance /. 17, 44 a lien upon premises 45 604 The Public Health Manual Expense — continued Page cleansing, renovation and disinfection C327 after tuberculosis 217 publication of water rules 60 removal of mosquito breeding places 40 seizure of adulterated wine, county charge 56 Expenses, commissioner and deputy commissioner 11 consolidated health district 26 dangerous and careless patient, care and maintenance.. 219 disease carriers, care and maintenance 49 employment, medical school inspectors 442 examination by state department to determine sewage pollution 78 incurred by commissioner in correction of defective registration 253 when local board of health fails to appoint health officer 19 local board of health 48 local health officer in attending conferences 30 care of insane 473 care of smallpox 30 public health council 9 relief of Indians in case of epidemic 48 sewers in villages 32 typhoid carriers, care and maintenance 49 Experts, employment by commissioner of health 18 Exposure : needless exposure to communicable disease forbidden... C 315 person with communicable disease, forbidden C 214 person with communicable disease, misdemeanor 523 Factories, physical examination of children 489 Factory, common drinking and eating utensils forbidden. .. .C 355 common towel forbidden C 355 Family of tuberculosis patient, protection of 221 Farm produce, hawking and peddling, license fee for- forbidden 465, 544, 569 Farms and markets: effect on existing provisions of law 448 existing rules and regulations continued 449 pending actions or proceedings 450 transfer of officers and employees of existing depart- ments 447 Farms and markets law, extracts 447 Fee: certified copy of record 267 chiropodist 172 Index 605 Fee — continued Page communicable diseases 38 filing - , with delayed certificate 268 license to operate cold storage or refrigerating ware- house 228 permits, burial or removal 267 registered nurses 170 registration physicians, midwives and undertakers for- bidden 262 reporting births and deaths 266 sewer commissioners, town, appointed by county court. . 556 village, appointed by county court 576 undertakers 186 Feeble-minded, criminals and other defectives, board of examiners of 245 Fees of public officers " 530 Ferry boat or house, common drinking and eating utensils forbidden C 356 Filing: with board of health, third class city, resolution regulat- ing interments in cemeteries 37 with board of health, report of health officer, boarding house inspection C 361 . with board of health, report of health officer, boarding house reinspection C 361 with boasd of health, report of health officer on nuisance. C 353 with commitment papers, certificate of examination of child admitted to institution 205 with coi'oner, copy of autopsy record 16 with county clerk, original marriage records 436 proof of publication, water rules 60 record permit to discharge refuse or wastes 72 to discharge sewage 71 resolution condemning property for county tuber- culosis hospital site 409 with examination papers, report of effect of operation for prevention of procreation 247 with secretary of state, regulations of sanitary code. ... 10 regulations and declarations regarding adulterations 54 report of examination of nuisance '. . 17 with state commissioner of health: annual statement county mosquito extermination commission 276 delayed certificate, vital statistics 268 maps and plans, sewer systems 551, 571 original certificates, births and deaths 266 original marriage records 436 606 The Public Health Manual Filing — continued Page petition for hearing tuberculosis hospital site, towns 212 report of sewage discharge, evidence of exemption. . 73 of discharge of refuse or wastes, evidence of exemption 74 report to secure exemption, discharge of sewage, etc. 68 request that petition for approval tuberculosis hos- pital site be referred to board 213 transcript of autopsy record 16 with state department of health: notice of membership and organization of local board 24 with state commissioner of labor, result of examination of minors 490 with town clerk: annual statement, sewer commissioners 558 appeal from apportionment 554 apportionment of assessment for sewer construction. 554 for maintenance sewer system . . 557 contracts for sewer construction 551 map and plan, sewer district or extension 553 sewer system, amended 551 official undertaking, sewer commissioners 550 petition, sewer system 547 reapportionment, assessment for sewer construction.... '556 report of sewer commissioners regarding improvements 561 with village clerk: annual report sewer commissioners 578 appeal from apportionment 575 apportionment of assessment 575 map and plan, sewer system 571 assessments 574 Fire escapes, outside hospital buildings 225 Flies: privies at labor camps to be screened C 350 vessels containing milk for sale not to be exposed to. . . C 335 Food: adulterations 51 cleanliness in preparation and service 232 cold storage, see cold storage. denned 51, 226 destruction by health officials 451, C 323 examination for state institutions 363 handlers, in household, subject to quarantine C 322 handling forbidden, in certain cases C 323 permit required for sale, in health zone C359 poisoning to be reported -1 C 324 Index 607 Food — continued Page preparation and service 233 sale, forbidden, certain cases C 32 2 shipping - , slaughtering and selling veal for 394 tainted, disposing of, misdemeanor 522 wilfully poisoning 524 Food commission 451 Foods and drugs, adulterations denned 51 reports of violations 58 samples to be furnished 55 Furniture, cleansing and disinfection C 327 destruction of C 329 methods of cleansing and disinfection C328 Garbage and ashes 451 collection and disposition 562 collection and disposition, certain towns 562 disposition, village 567 labor camps, disposal. C 351 plants for disposal, village 570 state institutions, disposal, approval of plans 20 Gas tar or refuse in public waters 523 Gatherings, exclusion of children, households where certain communicable diseases exist C 316 General business law, extracts 451 General city law, extracts 457 General corporation law, extracts 461 General municipal law, extracts 465 German measles: a communicable disease C 305 exclusion from schools and gatherings C 316 exclusion of children of households C 316 precautions to be observed C 316 Germs, live pathogenic, handling of regulated 504 Given name, supplemental report 2 62 Glanders, a communicable disease C 305 duties of undertakers C 331 Gonorrhea: a communicable disease C 305' duty of physicians and others C 318 exposure to, prohibited C 315 in infective stage, occupations involving intimate con- tact with children forbidden those affected with C 317 physician to instruct patient C 317 records confidential C 317 regulation and control 238 reporting persons violating laws and regulations C 318 608 The Public Health Manual Gonorrhea — continued Page sexual intercourse with person in military or naval service felony 241 submitting specimens for laboratory examination C 306 Governor order inspection of tenement houses 20 require examination into nuisances 17 Grocery or provision stores, working hours ' and sleeping apartments, male employees, (first class cities) 159 Habit forming drugs, see narcotic drug control. Hairdresser, person affected with syphilis in infective stage not to engage in occupation of C 317 Head of family, to report apparent case of tuberculosis 214 Head of private household, duty to report disease presumably communicable C 308 Health authorities, to protect tuberculosis records 216 Health certificate, pubils of public schools . . 443 pupils of public, private or Sunday school C315 Health laws, wilful violation 519 penalty 521 Health officer: application in writing for permit for labor camps C 348 appointment 24 appointment, consolidated health district 26 approve place of confinement of insane 480 approve toilet facilities for labor camp C 350 authority to cause reported cases of tuberculosis to be visited by nurse 222 employ necessary persons to carry into effect orders of board 31 employ public health nurses 35 authorize to permit inspection of tuberculosis register in certain cases C 358 authorized to produce tuberculosis records upon subpoena C 360 cause examination by medical examiners in lunacy 473 certificate required for passengers during epidemics.... C 330 certificate required for school attendance C315 circular of information regarding tuberculosis 223 cleansing, renovation and disinfection under direction.. C 327 commissioner of health to act, where board fails to appoint 19 compensation and expenses. . ; 29 in care of insane 474 in smallpox 30 complaint regarding carelessness of person having tuberculosis 218 Index 609 Health officer — continued Page condemn unclean milk or ice cream receptacles C336 conditions of issuance of labor camp permit; revoca- tion c 349 consent required establishment, tuberculosis hospital or camp • 211 public or church funeral in certain cases C332 control of dangerous and careless patients and carriers. 219 copy of determination of board on hospital site 213 defined . . c 304 duties : annual sanitary survey 33 ascertain whether tuberculosis cases were reported. 215 attend conferences 34 camps ^ 348 care of insane pending commitment 480 communicable disease on dairy farms C309 conferences with sanitary supervisors 34 circular C 313 destruction of food in certain csaes C323 destruction of furniture, bedding, clothing, etc C 329 diphtheria cultures c 309 diphtheria, scarlet fever, measles and poliomyelitis. C 319 diphtheria, scarlet fever; typhus in lodging houses. . C 320 direct disinfection, cleansing and renovation 216 enforce public health law and sanitary code 34 food poisoning C 324 furnish physicians with requisition blanks for tuber- culosis supplies 223 code sections for boarding houses receiving tuberculosis cases C 362 copy of Chap. V for posting in camp C 349 copy of water rules for posting in camp C 351 guard against introduction of communicable diseases 37 in regard to insane 472 inspect and score dairy farms C 334 boarding houses receiving tuberculosis cases... C 361 for issue of permit to sell milk and cream C 334 renewal of permit to sell milk and cream. . C 335 for issue of permit, labor camp C 348 for license, boarding houses for children C 361 renewal of license, boarding houses children C 361 investigate cause of death occuring without medical attendance 257 20 610 The Public Health Manual Health officer — continued Page complaint, dangerous or careless patient or car- rier 219 issue order for fee to physician reporting- tuber- culosis 2 22 permit to establish labor camp C 348 to sell food from farm or dairy C 323 to sell milk or cream in municipalities.... C 333 keep tuberculosis register 215 record of persons having access to tuberculosis records C 358 maintain continuous sanitary supervision over dis- trict 33 notify tenants of existence of disease on premises.. C 313 nuisances C 353 perform duties imposed upon physicians under tuber- culosis law . 221 placarding premises C 329 posting placards C 313 prohibit carelessness of persons having tuberculosis 218 promote spread of information regarding prevalent communicable diseases 33 promptly report on sputum examination, free of charge 215 quarantine in emergencies C320 record report, recovery of tuberculosis patients.... 224 report communicable diseases on dairy farms C 309 report communicable diseases to state department. . 38 group food poisoning C324 monthly, to state commissioner of health C 358 smallpox, typhus, yellow fever, cholera 39 violations insanity law 472 violations tuberculosis law by physician 215 violations by persons affected with gonorrhea, syphilis and chancroid C 318 require physicians to take additional precautions, when necessary, tuberculosis, 222 sanitary inspection, places of public assemblage 33 secure prompt and full report, communicable dis- eases 34 removal to hospital or isolation, certain cities.. C 319 registration births and deaths 34 smallpox contacts C 319 smallpox, isolation or removal C 318 sue for recovery of penalty, violations §§ 316-317, cadavers 208, 211 Index 611 Health officer — continued Page supply materials for tuberculosis cases 223 transmit circular on tuberculosis to physician report- ing 1 case, or to patient 223 procedure and precautions blank to physician reporting case 221 tuberculosis, apparent case C 32 5 venereal diseases, regulation and control 238 eligible for appointment as registrar 251 graduates of public health courses eligible 24 institutional care of typhoid carriers 49 isolation and removal communicable disease in labor camp C 352 liable to penalty, seizure of milk. 55 local board to prescribe duties 29 may employ assistants 31 public health nurses 35 placard premises prohibiting occupancy 218 receive additional compensation for vaccination.... 200 request temporary commitment of insane . . . 472 medical examination of persons convicted of certain offenses 239 medical examination of persons suspected of having venereal disease 238 monthly inspection, places selling foods and beverages in health zones C 360 monthly reports to state department required C 358 not subject to suit 34 notify of change in source of milk supply C333 notify of change in location of labor camp C 348 person responsible for sanitary condition camp. ... C 349 vacation of labor camp C 348 vacation of premises by tuberculosis case 216 obstructing, in performance of his duty 519 order and direction: cleansing, renovation and disinfection 328, C 327 cleansing, renovation and disinfection, after tuber- culosis 216 destruction of furniture, etc C 329 perform duties imposed upon physicians under tuber- culosis law 221 permission required: discontinuance disinfection of discharges C 313 disinfection of excreta C 312 isolation of certain cases C 319 public or church funeral, certain cases C 332 612 The Public Health Manual Health officer — continued Page removal of articles contaminated with infective material C 311 removal of cases of communicable disease C310 of cases of disease presumably communicable in camps C 352 sale of food from farm or dairy C 323 permit : for labor or construction camp C 348 for sale of food from dairy in certain cases C 323 sale of food or beverages in health zone C 359 sale of milk and cream at retail C 333 permit inspection of tuberculosis register C358 placard premises when orders not complied with... 218, C 329 poor officers to notify, of insane or apparently insane.. 475 Port of New York 85 vessels in jurisdiction excepted. 312, C 311 posting infected apartments or premises after tuber- culosis 218 protection of family of tuberculosis patient 221 quaurications 24 qualifications established by public health council. ... 11, C 303 quarantine of entire household in certain emergencies.. C 320 of persons exposed to smallpox C 319 of unvaccinated persons in household C 319 record of persons having access to tuberculosis register. C 358 registrar to report deaths from tuberculosis to 214 reinspection before renewing permit for sale of milk.. C 335 before renewing permit to boarding house C 361 removal 24 report by: cases of persons bitten by rabid animals C306 communicable diseases on dairy farms. C 309 group food poisoning •. C 324 known violations of insanity law 472 monthly, to state department of health C 358 to board, regarding nuisance C 353 inspection and reinspection of boarding houses. C 361 to department, communicable disease on dairy farm C 309 report to : communicable disease, by physician C 305 in institutions C 307 on dairy farms C 309 discharge of patient committed under § 326a 220 disease presumably communicable, camps C 308, C 352 dairy farms C 309 Index 613 Health officer — continued Page hotels, boarding or lodging houses, households. . C 308 schools C 307 vessels C 308 group food poisoning C 324 interference with placards C 314 persons convicted of vagrancy 239 persons violating laws and regulations regarding venereal disease, by physicians C 318 results of laboratory examinations showing com- municable diseases 38 sore eyes of infants 513 tuberculosis, apparent case 214 recovery of patient 224 reports of contagious diseases, fee 39 reports, presumptive evidence 34 revocation of permit, labor camp C 349 to sell food and beverages in health zone C360 to sell milk and cream C 333 right of entrance and inspection C 312 secretary of consolidated board of health 26 sputum examinations for tuberculosis 215 to take cultures in cases where diphtheria is suspected when required by local board C 309 town, approval of site of tuberculosis hospital or camp. 212 tuberculosis register 215 unjust destruction of property upon order of, action against municipality for damages 34 venereal disease records confidential C317 where local board of health fails to appoint 19 written reports presumptive evidence 34 Health officers, sanitary supervisors to adjust questions of jurisdiction between 14 Health officials, not subject to suit 34 Health zone, declaration of, about military or naval camp. . C 359 inspection, monthly, of places having permits C 360 permits to sell food and beverages C 359 revocation of permit to sell food and beverages C 360 Hearing: apportionment, sewer system, towns 553 appeal from 554 apportionment, sewer system, village 574 appeal from 575 before revocation of midwife's license C346 permit to sell food and beverages in health zone.. C 360 permit to sell milk and cream. C 333 614 The Public Health Manual Hearing — continued Page certain nuisances (houses of prostitution) 235 construction of sewers wholly at expense of property benefited ; 573 interments in cemeteries, third class cities 37 order to discontinue stream pollution 69 petition for approval of site, tuberculosis hospital or camp, towns 212 revocation of permit to discharge sewage, refuse or wastes 73 violation of section 76, or of permit 75 Highway, putting noisome or unwholesome substance in. . . . 523 Hospital: accommodations for indigent persons 526 buildings, iron stairways on outside 225 preventing spread of communicable diseases in C 314 removal of smallpox to, if available C 318 removal to, from lodging houses, hotels or boarding houses C 320 removal to, of diphtheria, measles, scarlet fever C 319 Hospitals 469 Hospitals, county, see county hospital. for contagious disease, inspection by commissioner of health 15 like privileges to matriculated students of medical colleges 224 tuberculosis, in towns, site to be approved 211 in cities of first class 459 see also narcotic drug control. see also tuberculosis hospital. Hotel or lodging house keeper, to report diseases 38, C 308 Hotels 469 bedding 248 cleanliness in preparation and service of food 233 common drinking cup and eating utensils forbidden. ... C 355 common towel forbidden C 355 diphtheria, scarlet fever and typhus fever C320 handling of food forbidden in certain cases C 32 4 individual towels 248 letting of rooms forbidden C 329 removal of cases of communicable disease C311 removal to hospital, or isolation C320 reporting cases of disease presumably communicable. ... C 308 right of entrance and inspection of kitchens C233 sanitary condition, enforcement 248 sewers and drainage 248 Household, inmates to be vaccinated or quarantined C 318 Index 615 Page Householder, to report infectious or contagious diseases. .38, C 308 to report tuberculosis 214 Hydrophobia, person bitten by rabid animal C 306 Hypodermic syringe, possession '. 291 Ice 469 Ice, canal 522 Ice cream, receptacles to be kept clean C 335 utensils to be cleansed C 336 Illuminating oils, tests 452 Incubation, maximum period of C 320 Indian reservations, inspection by sanitary supervisor 14 sanitary code may include provision. 10 Indians, indigent, relief in case of epidemic 48 Indigent persons, hospital accommodations for 526 Industrial establishment, penalty for discharge of sewage "without permit or report 76 permit to discharge refuse from, plans to be submitted. 72 Industrial poisonings, to be reported 483 Inebriates, commitment 482 Infant, reddened or inflamed eyes to be reported 513 Infantile paralysis, see poliomyelitis. Infectious or communicable diseases among animals 380 control and suppression 379 importation of animals 381 regulations for prevention 382 Infectious or communicable diseases in workshops 47 see also sanitary code, chap. II. Influenza, exclusion from school 445 Influenza, epidemic, a communicable disease C 305 exclusion from schools and gatherings C 316 Injunction, nuisance 235 permanent 236 restraint by local boards of health 32 violation 237 Inoculation with living bacteria C 326 Inquest, coroner 257 Insane: application for commitment of person not properly con- fined 480 arrest of apparently insane person 479 commission to advise health officers 470 commitment of inebriates, including habitual users of narcotics 482 confinement pending commitment 479 cost and expense incurred by health officers 481 616 The Public Health Manual Insane — continued Page duties of health officer in regard to 475 expenses to be allowed by judge ordering commitment.. 473 fees and expenses of health officers 474 health officer to care for, pending transfer 481 hearing on application for order regarding condition of places of detention 471 inspection of places for detention pending commitment. 470 medical inspectors 470 New York City or Albany county insane 476 place of confinement approved by health officer 480 poor authorities to notify health officer of insane or apparently insane 475 procedure when order of commitment has been made. . . . 477 proceedings to determine sanity ' 472 qualifications of persons employed in care 470 temporary commitment 473 Insanity law, extracts 470 Inspection: boarding houses receiving children C 361 county tuberculosis hospitals 423 dairy farms C334 hospitals for contagious diseases 15 institutions 535 for children 205 labor camp C 348 laboratories C 327 monthly, of places selling food and beverages in health zone C 360 places for detention of insane pending commitment 470 potable water supplies 60 public places and institutions, service of food 233 public works 19 right of entrance and C312 sewage discharge, to detect violations 75 shellfish grounds 400 state institutions 20 tuberculosis registers, permitted in certain cases C 358 Inspectors: cold storage 231 kitchens, commissioner of health may appoint 233 not subject to suit 34 sewer systems, villages 574 written reports presumptive evidence 34 Institutions: butterine, oleomargarine, etc., not to be sold to 377 cleanliness in preparation and service of food 233 Index 617 Institutions — continued Page communicable disease in, reporting. C 307 furnishing liquor to inmates forbidden 505 preventing spread of communicable diseases in C 314 private, commitment of inebriates and drug habitues.. 482 public, common drinking cups and eating utensils for- bidden C 355 prison made articles to be used for equipment 528 purchase of butterine, oleomargarine, etc., prohibited.. 377 registration of person's in 263 report of communicable disease to health officer 38 food poisoning C324 reporting tuberculosis in 214 right of entrance and inspection, kitchens 233 visitation, inspection and supervision 535 see also narcotic drug control. Institutions for children: dormitories, ventilation, permit local board of health.. 205 examination and quarantine, children admitted 204 isolation wards required for C 314 monthly examination of inmates and reports 205 Instruments: barbers', disinfection of C 357 manicures' and chiropodists', sterilizing C357 midwivea forbidden to use C 346 Interments 256 in cemeteries, third class cities, regulating 36 Isolation: adult members of family may continue vocation, except smallpox C 310 cases of disease presumably communicable, camps C 352 minimum period of C 321 of persons affected with communicable disease C310 on dairy farms C323 or quarantine of household C320 or removal, diphtheria, scarlet fever, measles C319 or removal, from lodging house, hotel or boarding house. C 320 or removal, smallpox C 318 person infected with venereal disease 239 reported for violation of laws and regulations C 318 removal of cases after isolation C310 wards required for institutions for children C314 Junior pharmacist, qualifications and examination 153 not to compound or dispense physicians' prescriptions.. 158 Jurisdiction, commissioner of health, over state lands for sanitary purposes 13 town board of health 47 G1S The Public Health Manual Page Justice of supreme court, approve incorporation maternity hospitals, etc 514 Kitchens, right of entrance and inspection by commissioner of health 233 Labelling drugs, medicines, etc 162 habit forming drugs 290 ice from canal or widewaters of canal 522 poisons wrongly, or omitting to label, drugs, etc 519 Labor or construction camp 503 appeal to commissioner if health officer refuses permit. . C 349 application in writing required, for permit C349 case of communicable disease not to be removed without permission of health officer C352 conditions of issuance of permit C 349 disposal of wastes from privies C 351 distance from public water supply C 349 garbage disposal C 351 health officer notified of person in charge C 349 of camp occupied by five or more persons C347 health officer to inspect C 348 location and drainage of stables C 351 permit required for camp of more than ten persons for more than six days C 348 person in charge to enforce provisions of code C 352 notify health officer when camp is vacated C 348 report diseases presumably communicable ... C. 308, C 352 pollution of waters prohibited C 347 privies, between 50 and 200 feet from water's edge. ... C 350 privies more than 200 feet from water's edge C 350 regulations to be posted C 349 sanitary overseer for camp of more than 20 persons. ... C 349 sanitary supervisor to inspect 14 subject to supplemental rules and regulations C 352 to be left in clean and sanitary condition C 352 toilet facilities to be provided C 349 vacated, permit to be surrendered C 348 water rules to be observed C 351 Labor law, extracts from 483 ^employment certificates of children 492 see also employment certificates. children in mercantile establishments 492 enforcement of article 12 503 industrial poisonings to be reported 483 local boards of health, advised of revocation of employ- ment certificate 490 industrial poisoning, enforcement 483 Index 619 Labor law — continued Page powers and duties, tenement made article 491 transmit records employment certificates 489 minors and children, see children, minors. Laboratories: , bacterial count required for milk permit only to be made at approved C 343 contracts with 15 distribution of living cultures of disease inducing bacteria forbidden unless approved by commissioner C326 duties of commissioner with respect to 15 establishment of 15 inspection « • C 32 7 public health council to establish standards 15 registration and supervision, where live pathogenic germs are handled 504 reporting results of examinations showing communicable disease 38 Laboratories, municipal: bacterial count required for milk permit may be made at C 343 Laboratory, county: compensation and removal of bacteriologist and assist- ants 4 °5 establishment 405 Laboratory examinations and analyses for health officers and physicians authorized 15 Laboratory examination required, known or suspected cases of venereal disease 238, C 306 typhoid and para-typhoid C 310 when diphtheria is suspected C 309 Lake George 505 health district 35 Land, acquisition 19 sanitary purposes, jurisdiction of commissioner 13 Landlord to report apparent case of tuberculosis 214 Laymen, reporting apparent case of tuberculosis by 214 Lead poisoning, to be reported 48S Letting of rooms forbidden c 329 License: boarding houses receiving children 512, C 360 chiropody 17 ' cold storage 2 2 ' druggist, displayed examination, veterinary medicine and surgery 138 marriage maternity hospital 512 620 The Public Health Manual License — continued Page milk gathering station 370 pharmacist, displayed 157 practice as midwife C 344 undertaker 185 prohibited, peddling farm produce, city 465 town 543 village 569 Licenses, marriage, town and city clerks to issue 431 physicians, etc., revoked for addicted use drugs 298 practice of dentistry, revocation 127 Licentiates, practice of dentistry 118 Lien upon premises, abatement of nuisances 45 Liquors, adulterations 53 furnishing to children 514 to inmates of institutions or patients of tuberculosis hospitals 505 yearly analysis 54 Liquor tax law 505 Living cultures of pathogenic germs, registration of labora- tories 504 Local board of health: action on nuisances 44, C 354 action, convened to take certain definite 40 actions, authority to maintain 31 almshouse, designate place of removal of inmates during epidemic 39 bathing places, sanitary condition of 201 cemeteries, resolution regarding interment in, third class cities 37 children 398 boarding houses for, inspection report, permit.. 206, C 360 renewal and revocation of license C 361 employed, see employment certificates, exclusion from households where certain communi- cable diseases exist C 316 exclusion from schools and gatherings, certain com- municable diseases C 316 institutions for children, complaints of management 205 vaccination 199 women and children in basements 502 commissioner of health: has supervision over C 303 may reverse order or regulation 13 notify, of membership and organization 24 Index 621 Local board of health — continued Page commissioner of labor, may call upon 483 furnish information regarding communicable dis- ease or insanitary conditions in tenement houses. 491 monthly report to, regarding employment certifi- cates 489, 499 communicable disease: in tenement house 491 guard against introduction of 37 may require cleansing and purification of premises. 37 prescribe conditions for exclusion of children from schools and gatherings C 316 smallpox, typhus, yellow fever and cholera to be reported, first class cities 39 consolidated health district 25 defined C 303 employment certificates 484, 492 advised of cancellation 490 monthly report to commissioner of labor regard- ing 489, 499 women and children in basements 502 expenses, how paid 26,48 general powers and duties 29 health officer: additional compensation for vaccination 200 allow expenses in attending conference 30 appointment 24 chief executive officer of board 29 compensation and expenses 30 failure to appoint 19 prescribe duties and fix compensation 29 report from, regarding nuisance C 353 hotels, sanitary conditions in 248 industrial poisonings, assist in securing reports of 483 injunction, restraint by 32 mandamus ■ 50 meetings 29 special 29 membership and organization 23 milk: designate expiration of permit C 333 dispense with bacterial count C 343 display of milk permit C 335 may increase stringency of regulations C343 622 The Public Health Manual .Local board of health — continued Page mosquitoes: assess expense upon property benefited by removal of breeding places 41 extermination of breeding - places 40 nuisances: abatement, immediate expenditure of money for, authorized 44 action on 44, C 354 appointment of member to assist in examination of, cities 18 complaints regarding, receive and examine into.... 40 enter premises to remove or suppress 44 health officer's report C 353 notice to convene to abate 40, C 354 orders and regulations, service and publication 30 permit: discharge refuse or wastes, copy transmitted to.... 72 sewage, transmitted to 71 display of permit to sell milk C 335 expiration, to sell milk C 333 sewage discharge, record 74 workshop in tenement house 47 quarantine, establish 37 registrar of vital statistics, appointment 252 report: commissioner of labor, regarding employment cer- tificates 4S9, 499 inspection of boarding houses for children C 361 inspection of laboratory doing work for C327 municipal authorities to 73 smallpox, typhus, yellow fever and cholera, first class cities 39 to state department, organization and membership. 24 right of entrance, by officer or inspector of * C 312 mercantile establishment 500 suppress or remove nuisance 44 to ascertain sewage discharge 75 to examine into nuisances 40 to inspect institutions for children 513 sale of property to satisfy lien 45 samples to be furnished for analysis 55 sewage disposal: ascertain violations or noncompliance with § 26.... 75 copy permit transmitted to board of health 71, 72 hotels, sanitary conditions 248 record permits and inspections regarding 74 Index 623 Local board of health — continued Page right of entrance to ascertain sewage discharge.... 75 Susquehanna river, examine into alleged 67 smallpox, typhus fever, yellow fever and cholera to be reported in first class cities 39 subpoenas and warrants, authority to issue 31 tenements: communicable diseases in 491 inspectors, workshops in 47 workshop in 47 tuberculosis: direct disinfection, cleansing or renovation after. ... 216 enforce reporting 215 protect records 216 provide circular of information regarding 223 vaccination : additional compensation to health officer 200 duty to provide free, to those who need it C 319 duty to provide virus 39 school children 199 venereal disease: application for free treatment, indigent persons.... 240 duty when person reported for violating law or regulation regarding C 318 medical examination persons suspected of having.. 238 provide free treatment for indigent persons 240 records confidential C 317 rules and regulations for persons affected with.... 239 see also chancroid, gonorrhea and syphilis. violations: ascertain, § 76 75 law or regulation regarding venereal disease, duty. . C 318 to be reported 75 wilful, of lawful order, misdemeanor 519 water rules and regulations, enforce 60 Local board of health, town: no jurisdiction over city or incorporated village 47 village not to be taxed to maintain 48 Local board of health, village: powers and duties as to sewers 32 Local ordinance, commissioner may reverse 13 Local ordinance, sanitary code supersedes 11 Local sanitary regulations supplement sanitary code 11 Lodging houses: common eating and drinking utensils forbidden C 356 common towel forbidden C 355 diphtheria, scarlet fever or typhus fever in C 320 624 The Public Health Manual Lodging houses — continued Page letting of rooms forbidden while contaminated C 329 receiving tuberculosis cases, health officer to furnish proprietor with literature C 362 inspection by health officer C 361 regulations to be posted C 362 removal case of communicable disease C311 removal to hospital or isolation C 320 reporting cases of disease presumably communicable. ... C 308 Magistrate: commitment of dangerous and careless patient by 219 report to health officer, persons convicted of certain offenses 239 Mandamus 50 Manicures and chiropodists C 357 hands and instruments to be cleansed and sterilized... C 357 person affected with syphilis in infective state not to engage in occupation of C 317 regulations to be posted C 358 utensils and instruments to be kept clean and sanitary C 357 Manufactures in tenement houses and dwellings 46 Maps and plans, sewer systems, towns, approval 551 villages 571 Marriage 506 a civil contract 428 after divorce 426 certified records presumptive evidence 437 clergyman or officer violating article 435 when protected 435 false statements and affidavits 435 how solemnized 430 issuing license in certain cases misdemeanor 432 license fee 434 required > 430 unlawful procurement 518 must be solemnized by 428 parents of illegitimates, effect 438 records kept by county clerk 436 records kept by town and city clerks 435 records transmitted to state department 436 when license to be. obtained 438 written contract 428 Marriages: by city clerk, New York City , 429 duty of town and city clerks 432 forms and books to be furnished 437 incestuous and void 425 Index 625 Marriages — continued Page solemnizing unlawful and unlawful solemnizing of.... 517 statement regarding venereal disease 432 town and city clerks to issue license 431 void 425 voidable 42 6 written consent of parents of minors 433 Masseur, person infected with syphilis in infective state not to engage in occupation of C 317 Maternity hospital, maintaining without permit 512 requirements for incorporation 514 Mattresses 506 manufacture and sale 454 sterilization of materials required 454 Measles: a communicable disease C 305 contacts not to handle food or food products for sale C 323 disinfection of discharges C 312 - distribution of circulars and notification of tenants.... C 313 exclusion from school 445 exclusion from schools and gatherings C316 of children of household where disease exists C 310 exposure prohibited C 314 exposure to, prohibited C 3ir> handling of food forbidden, certain cases C323 letting of rooms forbidden while contaminated C 329 maximum period of incubation C 321 minimum period of isolation C 321 placarding C 313 precautions to be observed by physician and attendants. C 313 public or church funerals forbidden without consent of health officer C 332 quarantine of entire household in emergency C320 removal of case C 311 removal to hospital or isolation C 319 Medical certificates, registration of deaths 256 colleges, cadavers 206 cadavers in certain counties 208 privileges of students in hospitals. 224 Medical examiners, state board of 102 meetings 103 powers 102 Medical inspection of school children, see schools. Medical inspector, certificate for school attendance. .. .445, C 315 Medical practice at, expenses 103 Medicine 506 626 The Public Health Manual Page Medicine, for treatment of venereal diseases, advertising for- bidden 515 to be dispensed only upon physician's prescription 240 midwives forbidden to practice C 346 Medicine, practice of 101 admission to examination for license 103 certificate presumptive evidence; unauthorized registra- tion and license prohibited Ill conduct of examination for license 105 . construction of article 112 defined ." 101 examination questions for license 105 license 106 osteopath not to administer drugs or perform surgery with instruments 113 penalties and their collection , 13 3 registry in another county Ill registry of license 108 revocation of license 109 Medicine, qualifications to practice 101 Medicine, veterinary, and surgery 134 Medicines, careless distribution of samples 521 Meningitis, sale of serum for treatment regulated C 362 Meningitis, epidemic cerebrospinal: a communicable disease C 305 carriers of disease germs C 324 destruction of food in certain cases C 323 disinfection of discharges C 313 distribution of circulars C 313 duties of undertakers C 331 exclusion from schools and gatherings C316 exclusion of children of households where disease exists C 316 health officer to distribute circulars and notify tenants. . C 313 health officer to instruct, as to disinfection of discharges C 313 health officer to placard premises C 313 letting of rooms forbidden C 329 minimum period of isolation C 321 on dairy farms, destruction of food in certain cases. ... C 323 on dairy farm, sale of food permitted under certain conditions C 322 placarding C 313 quarantine in certain emergencies C 320 removal of cases C 311 reporting on dairy farms C 309 Mercantile establishments, see labor law. Mercury poisoning, to be reported 483 Index 627 Page Methods and precautions, cleansing, renovation and disinfec- tion C 328 Midwife: birth certificate filed by 259 failure to report sore eyes of infant 512 license, application for C 344 good only during current calendar year C 346 qualifications for C 345 required C 344 revocation C 346 may take cases of normal labor only C346 registration required 262, C 344 only licensed to be registered C 344 sanitary code may include provisions regulating practice 10 state department register presumptive evidence right to practice C 346 subject to rules and regulations of state department. ... C 347 use of instruments, prescribing medicines or treating disease, forbidden C 346 Milch cows, kept in insanitary places and feeding unwhole- some food 511 Military camp, declaration of health zones C359 Military service, person in, sexual intercourse with, while affected with venereal disease, a felony 241 Milk , 506 adulterated, defined 364 penalty for delivery to factory 367 sale forbidden 366 bacterial count required for grading C 338-C 341 may be waived C 343 branded cans, etc., registered 368 not to be sold 367 cans, unlawful detention of 451 and receptacles, insanitary, condemned 373, C 336 care and feed of cows and keeping of produce from. . . . 365 certified, defined C 337 regulating sale of 366 conditions of bottling C 335 defined 365 destruction in certain cases C 323 examination of herd at request of owner 385 grading C 337 in cold storage warehouses C 343 kept only under sanitary conditions C 335 license not to be required for peddling 465, 543, 569 milk gathering stations 370 628 The Public Health Manual Milk — continued Page local authorities may increase stringency of regulation. C 343 pasteurization, temperature C 336 permit, application for C 333 public display of C 335 required for sale at retail C 333 physical examination of cows 383 receptacles not to be used for other purposes 368, 375 to be cleansed before returning 374 to be kept in sanitary condition C 335 unclean, and places for keeping 370 sale forbidden in certain cases C322 samples to be taken when seized by health officer 55 skim, sale of 369 sale without marking 511 utensils to be cleansed C 336 Vessels: care and cleansing C 335 condemned and seized C 336 condition when sold filled C335 Minors: employment 483, 492 employment certificates 484, 492 in reformatories, furnishing tobacco to 514 Morphine, .see narcotic drug control. Mosquitoes 506 assessing cost of removal of breeding place on property benefited 41 municipality may bear part of expense 42 drainage, assessing expense upon property benefited.... 43 expense of removal of waters where larvae breed 40 extermination commission, county 271 extermination, Suffolk County 507 Mumps: a communicable disease C 305 exclusion from school 445 from schools and gatherings C 316 children of households C 316 maximum period of incubation C321 minimum period of isolation . C 321 precautions to be observed C 316 removal of case C 311 Municipal authorities : provide medical and nursing care when case can not be removed to hospital C 320 report to local board of health sewage discharge 73 Municipality, defined 24, C 303 Index 629 Narcotic drug 1 control: Page acts prohibited; registry 284 administration of drugs by hospitals and institutions. . 291 apothecaries 286 authorized possession of drugs by consumer 290 branch administrative districts 282 commitment of addicts 296 construction of article 299 definitions 280 dentists 286 department of; commissioner; powers and duties 282 deputies; secretary, employees 283 drugs delivered to department 295 exceptions and exemptions not required to be negatived 299 exemptions from restrictions 295 false representation 298 fraud, deceit, etc 297 hypodermic syringes 291 labels 290 manufacturer to have certificate 285 orders upon official blanks 285 penalties 299 physicians 293 possession of drugs further restricted 290 powers of commissioner and deputies 282 preparations and remedies 286 private hospitals and institutions to be authorized 291 records and reports 292 records confidential 295 revocation of license 298 rules and regulations 282 veterinarians, acts permitted 286 voluntary hospital commitment 297 wholesaler to have certificate 285 Narcotics 509 Narcotics, habitual users, commitment 482 having in possession 523 Nassau county mosquito extermination commission 271 Naval camp; declaration of health zone C 359 Naval service, person with venereal disease having sexual intercourse with person in, felony 241 Navigation law 509 New York City excepted 50 from provisions of state sanitary code 10 provisions of tuberculosis law 224 vital statistics law 271 Noisome business or manufacture near public highway.... 523 630 The Public Health Manual Notice, service of: Page by health officer, prohibiting carelessness of person hav- ing tuberculosis 218 by sewer commissioners, apportionment of assessment for sewer system, town 553 village 575 hearing, construction of sewer wholly at expense of property benefited 573 order to discontinue pollution of waters 68 revocation or modification, permit to discharge sew- age, refuse or wastes . 73 tuberculosis hospital petition 212 violation of § 76 75 upon owner of property sold to satisfy lien 45 of meeting for reapportionment, town 555 village 576 regarding construction of laterals in same district. . 560 taken by county for tuberculosis hospital 409 upon person or corporation owing or controlling ceme- tery, third class city 36 person violating water rules 61 upon sewer commissioners, appeal from apportionment, sewer system, town 555 Noxious trades prohibited within three miles of cities 50 Nuisance 509 actions to restrain, second class cities 533 board may advance money for suppression of 44 may enter premises to suppress 44 to convene and take definite action C 354 to convene promptly and abate C 354 cities excepted from code regulations C 354 duty of local board 40 expense of abatement lien upon premises 45 health officer's report to board C 353 health officer to forward copies to commissioner of health if board fails to act C 354 health officer to investigate and abate if possible C 353 investigations ordered by governor 17 maintained by corporation outside state; forfeiture of charter 461 maintaining 518 member of board to assist commissioner in examination, cities 18 notice to board to convene for abatement 40, C 354 orders for suppression, publication not required 30 powers of commissioner to examine into 17 public, defined 518 unequal damage 518 Index 631 Nuisance, certain (houses of prostitution, etc.) Page action to enjoin 234 costs 236 discontinuance of action 236 effect if portion of article unconstitutional 237 houses of prostitution declared to be. , 234 jurisdiction and procedure 235 permanent injunction 236 permitting' use of building for 518 trial of action 236 violation of injunction 237 Nurse 510 authority, board of managers of county tuberculosis hos- pital, to employ 412, 416 board of examiners; examination; fees 169 cleansing and disinfection of the person C329 county tuberculosis hospital, exempted from jurisdiction of board of supervisors 404 duty to carry out disinfection of discharges until dis- continuance permitted by health officer C313 disinfection of excreta C 312 failure to report sore eyes of infant 512 person with syphilis in infective stage not to act as. . . . C 317 precautions to be observed C 313 public health, health officer may employ 35 not subject to suit 34 public health council to prescribe qualifications.... 11 state commissioner of health may employ and assign 14 visit tuberculosis cases 223 works under direction of health officer 35 works under direction of physician, tuberculosis.... 223 written reports presumptive evidence of facts 34 registered, who may practice as 169 registration; violation of article 171 registration; waiver of examination 170 report apparent case tuberculosis 214 case of disease presumably communicable C 308 food poisoning C 324 right of entrance and inspection C 312 school, to aid medical inspector 442 separate, for tuberculosis wards, city hospital 460 Nursemaid: person with syphilis in infective stage not to engage in occupation of C 317 Nursing, public health, division of 12 Obstructing health officer in performance of duty C 312, 519 632 The Public Health Manual Page Occupant of premises to notify health officer of interference with placard C 314 Occupancy forbidden until order of health officer complied with 218, C 329 Office building, common towel forbidden C355 Officers and employees, state department of health 11 Official oaths 529 Oils, illuminating, standard and storage of 452 Oleomargarine, not to be sold to institutions 377 purchase for institutions prohibited 377 Omission of duty by public officer 525 Operations for prevention of procreation. 245 Ophthalmia neonatorum, a communicable disease C 305 Opium, see narcotic drug control. Optometry 510 certificate to be recorded and displayed 191 construction of article 197 fees 195 power of board of examiners 189 practice defined 189 revocation of certificate 194 state board of examiners 189 violations of article 196 Order blanks, official, narcotic drugs 285 Order to discontinue stream pollution 69 Orders and regulations, local board of health 30 Osteopath, not to administer drugs or perform surgery with instruments 113 Osteopathy 511 admission to examination for license 105 Overflow of water from canals 17 Oysters and shellfish 511 Para -typhoid fever: communicable disease C 305 instructions as to disinfection of excreta C312 minimum period of isolation C 322 reporting on dairy farms C 309 sample of blood for laboratory examination C 310 Parents : birth certificate filed by 259 children with certain communicable diseases not to at- tend school C 316 duty to compel school attendance 446 given name of child registered by 262 penalty for failure to compel school attendance 447 Pasteurization of milk and cream C 336 Index 633 Patients: Page county tuberculosis hospital, admission from county.... 420 from county not having hospital 422 maintenance of patients from county 421 patients from county not having hospital. . . : . . 423 dangerous and careless, control of; commitment 219 Peddling farm produce (milk) license prohibited 465, 543, 569 Pedic society of the state of New York 171 Penal law ; extracts 511 Penalty: agricultural law 376 clergyman or officer violating domestic relations law... 435 cold storage law 232 delivery of adulterated milk 367 discharge of sewage without permit 76 failure of physician to perform duties; making false re- ports (tuberculosis) 223 food preparation and service 233 narcotic drug control 299 narcotics in possession 523 putting noisome substance in highway 523 refusal to furnish sample of food or drugs 55 seizure of milk without taking samples 55 selling wine not properly labelled ' 57 solemnizing unlawful marriages 517 violation of domestic relations law 437 health laws or regulations 2 2 orders of local board of health 31 public health laws, regarding drugs 521 regulations of sanitary code C 304 tuberculosis law 223 venereal disease law 240 willful, of health laws 519 vital statistics law 2 68 Permit: burial or removal 253 fee 267 to license undertakers only (death from infectious diseases) 265 discharge of refuse from industrial establishment 71, 72 sewage 70 dormitories in institutions, ventilation 206 record, sewage or refuse discharge 74 required for labor or construction camp C348 sale of food and beverages in health zone C 359 sale of milk or cream at retail C 333 634 The Public Health Manual Permit — continued Page revocable, discharge of sewage or wastes 72 summer vacation 497 Person affected with communicable disease: adult members of family not to be quarantined, certain cases C 310 disinfection of person C 329 exclusion from schools and gatherings C316 exposure forbidden C 315 handling of food forbidden C 32 3 not to engage in occupation of barber C 356 Persons affected with venereal disease: occupations forbidden, syphilis or gonorrhea in infective stage C 317 sexual intercourse with person in military or naval serv- ice felony 241 Person in attendance: cleansing and disinfection of person C 329 duty to carry out disinfection of discharges C 313 duty to carry out disinfection of excreta C312 observe precautions C 313 Person in charge: barber shop: keep shop in sanitary condition. C 356 post regulations of code C 357 boarding house receiving tuberculosis: health officer to furnish code regulations C362 posting code regulations C 362 camp, to report disease presumably communicable C 308 not to allow removal of case C 352 to notify health officer of vacation of camp C 348 to report food poisoning C 32 4 to see that chapter V is enforced C 352 dairy farms: report disease presumably communicable C 309 dispensary: prevent spread of infective material C314 report communicable diseases C 307 report food poisoning C324 hospital or institution: prevent spread of infective material C314 record of persons in 26S report of communicable diseases C307 report food poisoning C 324 lavatory or wash room: not to provide common towel C 35a Index 635 Person in charge — continued Page premises: notify health officer of vacation by tuberculosis case. 216 schools: enforce vaccination law 199 exclude cases of disease presumably communicable. C 315 report cases of disease presumably communicable.. C 307 Sunday schools: exclude cases of disease presumably communicable. C 315 temporary living quarters: notify health officer of location C 347 vessels : report concerning disease presumably communicable. C 308 Petition: construction of laterals, town sewer districts 560 construction of sewer village 573 hearing on tuberculosis hospital 212 reapportionment, town sewer system 555 sewer systems, towns 545 Pharmacies 155 Pharmacists 152 see also narcotic drug control. Pharmacy 526 Phosphorous poisoning to be reported 483 Physical examination, children in factories ' 489 Physician: acts of intoxicated 524 approved by board of health for treatment of venereal disease 2 39 called by midwife C 347 compound medicines and fill prescriptions 156 course of treatment for venereal disease 239 dispensing and prescribing narcotic drugs 288 duty: concerning tuberculosis C 325 apparent case of C 325 to instruct person affected with venereal disease. . ..C 317 to leave instructions as to disinfection of discharges. C 312 to leave instructions as to disinfection of excreta . . C 312 to obey law regarding venereal disease C318 to report communicable diseases C 305 to report food poisoning C 324 to submit material for cultures, when diphtheria is suspected C 309 examination of person suspected of venereal disease. . . . 238 failure to report case of communicable disease C 326 036 The Public Health Manual ip-p Physician — continued Pagu fee for caring for tuberculosis 221 reporting births and deaths 266 communicable disease 38 industrial poisonings to be reported 483 institutions for children, monthly examinations 204 isolation of persons affected with communicable disease. C 310 notify health officer of vacation of premises by tuber- culosis case 216 violation of law and regulations regarding venereal disease C 318 violation of ventilation provisions 206 only licensed physician to treat venereal disease 240 penalty for false statement or report, tuberculosis 223 precautions in disinfecting persons and garments C 313 protection of family of tuberculosis patient 221 public health nurse under direction of 223 register births 259 register with registrar of vital statistics 262 report communicable disease on dairy farm C308 communicable disease to health officer 38, C 305 report food poisoning C 324 report to health officer persons bitten by rabid animal.. C 306 recovery of tuberculosis patient 224 report to, sore eyes of infant 513 revocation of license, addicted to use of habit-forming drugs 298 statement of procedure and precautions in tuberculosis case 221 submit material for cultures, suspected diphtheria C 309 samples of blood, suspected typhoid or para-typhoid C 310 specimens for laboratory examination, syphilis, gonorrhea and chancroid C 306 see also narcotic drug control. Physician's certificate, employment of children 494 Placards: common carriers during epidemic C 331 interference with, prohibited C 314 posting, in certain communicable diseases C313 rooms not to be occupied until cleansed, etc C329 Places of public assemblage, inspection by health officer. ... 33 spitting on floors forbidden C 355 Plague: a communicable disease C 305 duties of undertakers C 331 Index 637 Plans: Page approval, county tuberculosis hospital 410 municipal water supplies 402 removal or disposal of sewage 71 state building's and institutions 20 public works, commissioner may examine or copy 19 refuse discharge pipes, to be submitted 72 sewage system or disposal works, approval of conserva- tion commission required 403 sewerage or sewage disposal, to be submitted 71 Plumbing: in cities 457 separate for tuberculosis wards, city hospitals 460 Pneumonia: a communicable disease C 305 sale of serum for treatment regulated C362 Poisons 162 Poisoning food, wilfully 524 Poisoning, industrial, report by physician 483 Poliomyelitis, acute anterior (infantile paralysis) : a communicable disease C 305 carriers, subject to rules and regulations C 32 4 contacts not to handle food or food products C323 disinfection of discharges C 313 exclusion from schools and gatherings C316 of children of households where disease exists C 316 exposure prohibited C 315 health officer to distribute circulars and notify tenants. . C 313 health officer to placard premises C 313 letting of rooms forbidden while contaminated with in- fective material C 329 maximum period of incubation C 321 minimum period of isolation C 321 on dairy farms, destruction of foods in certain cases. . . C 323 reporting C 309 sale of food permitted under certain conditions.... C 322 Quarantine of entire household in emergencies C320 removal of case C 311 removal to hospital or isolation and restriction of visiting C 319 see also disease, communicable and disease pre- sumably communicable. Pollution: actions by municipalities to prevent sewage discharge.. 76 constructions and limitations by §§ 76-85 76 discharge of sewage and other matter into certain waters prohibited 67 63S The Public Health Manual Pollution — continued Page discharge of sewage into Susquehanna prohibited 67 into Wallkill creek prohibited 67 inspection of water supply 60 of waters prohibited 401 in camps C 347 order to discontinue pollution of waters 68 penalties 76 permission to discharge refuse or waste matter from industrial establishments .71 to discharge sewage 70 plans for refuse discharge pipes must be submitted 72 records of permits; inspection of local boards 74 reports of municipal authorities to local boards 73 reports of proprietors of industrial establishments 74 revocation of permit 72 rules and regulations for water supplies legalized 62 rules and regulations of department 59 sewage disposal as affecting potable waters 403 sewerage 63 violations, service of notice, actions 75 Poor law, extracts 526 Port of New York, health officer, etc 85 quarantine at 78 excepted from provisions of code C 311 Potable waters: inspection of water supply 60 rules and regulations for protection from contamination. 59, 62 sewage disposal affecting 403 water rules to be observed, camps C 351 Prescription, filled but once, for treatment of venereal disease 240 narcotic drug control 287 omitting to label drugs or labelling wrongly 519 physician may fill 156 Prison law 528 Prison made articles, to be used in institutions 528 Private house, presumably communicable disease to be re- ported C 308 Procreation, operations for prevention of: board of examiners, compensation and expenses 245 powers and duties 246 counsel to person to be operated upon 246 operations, unauthorized and illegal 247 persons to be operated upon 246 Index 639 Page Proprietors industrial establishments, reports 74 Prostitution, house of, declared nuisance 234 Prostitution, permitting use of building for 518 Public conveyance, common towel forbidden C 355 placarding, during epidemic C 331 spitting forbidden C 355 Public hall, common drinking or eating utensils forbidden.. C 356 Public health council: - appointment, qualifications, term of office 9 authorize use of tuberculosis reports 39 decide diseases considered communicable 264 duties 10 establish regulations, contagious disease hospitals 16 Indian reservations 10 rules and regulations, registration births and deaths. 250 standards for laboratories 15 meetings 9 prescribe qualifications 11 registrars of vital statistics 251 regulate practice of midwifery 10 sanitary code 10 Public health law, health officer to enforce 34 sanitary supervisor to enforce 14 state commissioner of health to enforce. . . .'. 12 Public health laws, penalty for violations 22, 521 wilful violation 519 Public health nurses, see nurses, public health. Public officer, omission of duty by 525 taking unlawful fees 530 Public officers' law, extracts 529 Public places, common eating and drinking utensils for- bidden , C 355 spitting forbidden C 355 unguarded coughing and sneezing forbidden C 355 Public service commissions law, extracts 530 Public water supply; minimum distance of labor camp from. C 349 Public waters, throwing gas tar or refuse into 523 Public works, examination and inspection 19 Publication: advertisement, sewer construction, towns 551 villages 574 list of articles exempt from provisions regarding adultera- tions 53 local orders and regulations by board of health 30 640 The Public Health Manual Publication — continued Page notice of construction of laterals 560 hearing, apportionment of assessment 554 order to discontinue water pollution 69 petition to establish sewer system 548 tuberculosis hospital site 212 regulating interments in cemeteries, third class cities 37 regulation and declaration regarding adulterations. 54 requiring connection with sewer, towns 558 villages 579 rules and regulations for protection public water supply. 60 sale of property satisfaction of lien 45 Puerperal septicaemia, a communicable disease C 305 Pulmonary tuberculosis see tuberculosis. Qualifications for holding office 529 license as midwife C 345 practice of medicine 101 public health council to establish 11 Quarantine: adults, in certain cases C 310 children admitted to certain institutions 204 commissioner of agriculture may declare 380 entire household in emergencies C 320 premises or animals 383 Port of New York 78 rabies, commissioner of agriculture 393 smallpox, or vaccination of contacts C 319 Quarantine station, commission to negotiate transfer to United States 82 Port of New York 78 Rabies: a communicable disease G 305 quarantine by commissioner of agriculture 393 reporting person bitten by rabid animal C 306 Railroad, to notify health officer of camp for five or more persons C 347 Railway car or station; common drinking or eating utensils forbidden C 356 Railway station: common towel forbidden C 355 Ray Brook, courses for county tuberculosis hospital super- intendents at 537 free patients, admission 537 support 540 private patients, admission 539 support 540 Reapportionment, construction sewer system, town..' 555 village 576 Index 041 Page Reciprocal licenses, embalming 187 Record, permits for sewage discharge 74 Records confidential, of tuberculosis 39, 215, C 358 of venereal disease (chancroid, gonorrhea, syphilis) .2 40 C 317 Records, narcotic drug control 292 persons having access to tuberculosis register C 358 tuberculosis, may be produced only upon subpoena..... C 360 Recovery of tuberculosis patient, report to health officer.... 224 Refuse or waste matter, see sewerage and sewage disposal. Refusing to surrender to successor 525 Register, tuberculosis, to be kept by health officers 215 Registrar of vital statistics: appointment 251 charged with enforcement vital statistics law 270 district records kept by 265 duty, when deaths from communicable disease reported. C 325 fees for reporting births and deaths. 266 issuing burial or removal permits 267 qualifications 251 register licensed midwives only C 344 registration of midwives C 344 after issuance of license and change of address. ... C 344 of midwives, physicians and undertakers 262 removal by commissioner of health 252 report promptly deaths from tuberculosis 214 subregistrar appointment authorized 252 supplemental report, given name of child 262 transmit original certificate to state commissioner of health 266 Registration: births and deaths, local health officers to enforce 34 registrar of vital statistics 265 state commissioner of health 264 deaths without medical attendance 257 defective, vital statistics, correction 253 districts, vital statistics 251 laboratories handling pathogenic germs 504 midwives . .C 344, C 346 midwives, physicians, undertakers 262 nurses 169 Registry, children employed, mercantile establishments 500 Regulations, sanitary code, posting in barber shops C 357 posting in boarding and lodging houses receiving tuberculosis C 362 posting in labor camps : . . . . C 349 21 642 The Public Health Manual Page Regulations, hospitals for contagious disease, public health council may establish 16 Regulations, transportation of dead bodies by common car- riers subject to C 359 see also rules and regulations. Removal: articjes contaminated with infective material C311 cases of communicable disease C 310 or isolation, certain cases C 319 or isolation, smallpox C 318 to hospital from lodging house, etc C 320 tuberculosis case, physician to notify health officer 216 Removal of nuisance, see nuisance. Removal permit, for dead body 252, 253, 265 Renewal of license to boarding house receiving children.... C 361 Renewal of permit: to sell milk and cream C 333 reinspection necessary C 335 Rendering plants 531 Rendering plants, etc., prohibited within three miles of city. 50 Renovation, at expense of owner or agent, after tuberculosis. 216 methods and precautions to be observed C328 required, following communicable disease, expense of owner C 327 Reporting: certain diseases, cities of first class; 39 communicable disease, to and by health officer 38 by physicians C305 in institutions 28, C 307 on dairy farms, by physicians and health officer. . . C 308 disease presumably communicable: camps C 308, C 352 dairy farms C 309 private households, hotels, boarding or lodging houses C 308 schools C 307 vessels C 308 food poisoning C 324 industrial establishments under 1903 law 74 infectious and communicable diseases, animals 380 municipal authorities under 1903 law 73 persons bitten by rabid animal C 306 violating laws and regulations concerning venereal diseases C 318 tuberculosis, apparent case 214 apparent case, duty of health officer. C 325 Index 643 Reporting — continued Page penalty for false reports 223 recovery of patient 224 vaccinations ." 200 Reports, monthly, of health officers required C 358 Reports written: presumptive evidence 34 required, inspection of boarding houses for children C 361 reinspection boarding houses for children C 361 Requisitions, tuberculosis supplies 223 Restaurants 531 common drinking and eating utensils forbidden C 356 common towel forbidden C 355 handling of food forbidden in certain cases C 323 permit required, in health zone C 359 preparation and service of food 233 Right of entrance and inspection: health workers and inspectors C 312 institution for children, maternity hospital, etc 513 kitchens of public places and institutions 233 mercantile establishments 503 suppress or remove nuisance 44 to ascertain sewage discharge 75 Riparian owners, common law rights not affected 76 Rochester, excepted : C 347 Rooms, letting forbidden while contaminated with infective material C 329 Rules and regulations: care and maintenance of typhoid carriers 49 carriers of disease germs subject to C 32 4 commissioner of education may adopt, regarding medical inspection of schools 445 commissioner of health may enact for labor camps.... C 353 for preparation and service of food 233 for submission of specimens, gonorrhoea, chancroid and syphilis C 306 for testing potency of antipneumococcus and anti- meningococcus serum C 362 for transportation of dead bodies by common car- riers C 359 disinfection of discharges, to be followed C 313 of excreta, to be followed C 312 disinfection, to be complied with C 311 in labor camps C 351 existing, continued -. 449 isolation of persons affected with communicable disease C 310 644 The Public Health Manual Rules and regulations — continued Page persons having venereal disease, approval required.... 239 practice of midwifery, subject to. C 347 water supplies, protection 59 legalized 62 Saloon, common drinking and eating utensils forbidden.... C 356 Samples, blood, to be submitted, typhoid and para-typhoid. C 310 food and drugs, to be furnished for tests 55 medicines, drugs and chemicals, careless distribution. ... 521 Sanitary code 531 see code, sanitary. Sanitary districts 13 inspection, places of public assemblage and schools.... 33 Sanitary supervisor, appointment, duties 13 qualifications established by public health council 11 score dairy farm in case of protest C 335 survey, health officer » 33 Scabies, exclusion from school 445 Scarlet fever: a communicable disease C 305 contacts not to handle food or food products for sale. . C 323 destruction of foods in certain cases C323 furniture, clothing, etc C 329 disinfection of discharges C 312 distribution of circulars and notice to tenants C313 duties of undertakers C 331 exclusion from school 445 exclusion from schools and gatherings C316 children of households C 316 exposure of persons affected with , . . C 314 exposure to, prohibited C 315 letting rooms forbidden until cleansed C329 maximum period of incubation C 320 minimum period of isolation C 322 placarding premises C 313 precautions by physicians and attendants . C 313 public funerals forbidden without consent of health officer C 332 quarantine in certain emergencies C 320 removal of articles C 311 of cases C 310 to hospital from hotel, lodging house, 'etc C 320 to hospital, or isolation*. C 319 reporting, on dairy farms C 309 - sale of foods forbidden in certain cases C 322 Index 645 Schools : Page attendance, certificate required for vacation permit.... 497 parents to compel 446 penalty for failure to compel 447 certified copy of birth certificate, evidence of age 264 children, vaccination 199 common drinking or eating utensils forbidden C 356 contagious diseases; return after illness 445 employment of medical inspectors 442 examination by medical inspectors 444 exclusion of cases of certain communicable diseases. 445, C 316 cases of disease presumably communicable C 315 children of households where certain communicable diseases exist C 316 medical inspection to be provided 442 officers, removal 439 persons affected with chickenpox, German measles, mumps or whooping cough C 316 plans and specifications, approval 440 provisions for outbuildings 441 pupils to furnish health certificate 443, C 315 record furnished local health authorities 488, 496 record of examinations, eye and ear tests 444 reporting diseases presumably communicable C 307 tuberculosis apparent case 214 rules and regulations to be adopted for medical inspec- tion 445 school nurses to aid medical inspectors 442 state medical inspector of 446 ventilation ' 440 withholding public money from 439 Scoring dairy farm, see milk. Second class cities, actions to restrain nuisances 533 approval of plans for sewers and drains 533 department of health 532 deputy health officer 532 duty in case of peril to public health 533 health officer 532 public health law applicable 534 Second class cities law, extracts 532 Secretary of state, regulations of sanitary code filed with.. 10 report of examination into nuisances filed with 17 Secretary public health council 9 Septic sore throat, see sore throat, septic. Serum, sale of antipneumococcus and antimeningicoccus. ... C 362 Service of notice, see notice, service of. Sewage, defined 70 646 The Public Health Manual Sewage disposal: Page actions by municipality to prevent . . 77 approval required for construction 404 as affecting potable waters 403 contracts 467 labor camps C 350 Sewer, injuring 517 Sewerage: powers and duties local boards of health 32 sewer assessments local boards of health, villages.... 32 Sewerage and sewage disposal 534 contracts . . .. 465, 467 for state institutions, approval of plans 20 Sewers, towns: acquisition of property