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§ 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 apartment, house or part of a house, shall, on complaint of any person or persons subjected to such offense or danger, be deemed guilty of a nuisance, and any persons subjected to such a nuisance may make complaint in person or writing to the health officer of any city, town, or village where the nuisance complained of is committed. And it shall be the duty of the local health officer 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 occupying 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 requiring him to dispose of his sputum, saliva or other bodily secretion or excretion in such a manner as to remove all reasonable cause of offense or danger. Any person failing or refusing to comply with orders or regulations of the local health officer of any city, town or village, requiring him to cease to commit such nuisance, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not more than ten dollars.
§ 327. Protection of patient's family. It shall be the duty of a physician attending a patient having tuberculosis to take all proper precautions and to give proper instructions to provide for the safety of all individuals occupying the same house or apartment, and if no physician be attending such patient this duty shall devolve upon the local health officer, and all duties imposed upon physicians by any sections of this article shall be performed by the local health officer in all 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 complete statement of procedure and precautions on a blank to be furnished by the health officer. It shall be
the duty of the local health officer to transmit to a physician 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 commissioner 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 tuberculosis patient. It shall be the duty of the local health authorities to print and keep on hand an ample supply of such statements and reports and to furnish the same in sufficient numbers to all local physicians. Upon receipt of such statement and report the physicians shall either carry into effect all such procedures 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 specified, he shall so state upon this report and immediately return the same to the local health officer and the duties 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 receives a salary from the state of New York, or is employed by and receives a salary from a hospital, sanatorium, 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 provided by said city, town or village. But no such payment shall be made to any physician for reporting cases of tuberculosis elsewhere than in the city, town or village 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 same house or apartments 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 immediately take the additional precautions and give the additional instructions specified and shall record and return the same on the original report to the local health officer. It shall further be the duty of the local health officer to transmit to the physician reporting any case of tuberculosis a printed requisition, in a form approved by the state commissioner of health, and printed by the local health authorities and issued in sufficient number to supply local physicians. Upon this requisition blank shall be named the materials kept on hand by the local health officer for the prevention of the spread of tuberculosis and it shall be the duty of the local health officer to supply such material 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 possible, a requisition signed by the attending physi cian in such case. It shall be the duty of every local health officer to transmit to every physician reporting any case of tubercu losis, or to the person reported as suffering from this disease, providing the latter has no attending physician, a circular of information approved by the state commissioner of health and which shall be provided in sufficient quantity by the local health authorities. This circular of information shall inform the consumptive of the best methods of treatment of his disease and of the precautions necessary to avoid transmitting the disease to others. (As amended by chapter 426 of the Laws of 1909, and chapter 490 of the Laws of 1911.)
§ 329. Penalty for failure of physician to perform duties or for making false reports. Any physician or person practicing as a physician who shall knowingly report as affected with tuberculosis any person who is not so affected, or who shall wilfully make any false statement concerning the name, age,
sex, color, occupation, place where last employed if known, or address of any person reported as affected with tuberculosis, or who shall certify falsely as to any of the precautions taken to prevent the spread of infection, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to a fine of not more than one hundred dollars.
§ 330. Reporting recovery of patient. Upon the recovery of any person having tuberculosis, it shall be the duty of the attending physician to make a report of this fact to the local health officer, who shall record the same in the records of his office, and shall relieve said person from further liability to any requirements imposed by this article.
§ 331. General penalty. Any person violating any of the provisions of sections three hundred and twenty to three hundred and thirty, both inclusive, of this article, shall be deemed guilty of a misdemeanor and upon conviction 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 sections 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.
§ 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 medical college in said city or county, privileges of admission to such hospital for hearing clinics or lectures, or receiving medical or surgical instruction therein, the like privileges and advantages shall be granted to the matriculated students in each and all legally incorporated medical colleges in said city and
county who may desire the same, without distinction or preference, and upon equal terms and conditions to all. Nothing in this section shall prevent the managers of hospitals from limiting the attendance of students in such hospitals to a number compatible with the welfare of patients. But in such limitation they shall receive students from such legally incorporated medical colleges applying for such admission in proportion to the number of students in attendance upon such college.
§ 334. Iron stairways on outside of hospital buildings. All hospital buildings used for general hospital purposes, or hospitals or asylums for the insane, or any hospital buildings which are more than two stories high, other than those which are fireproof in their construction, shall have properly constructed iron stairways on the outside thereof, with suitable doorways leading thereto from each story above the first, 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 described, 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 and ninety-six, then the local authorities shall proceed to erect such stairways, and the cost thereof may be recovered 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.
The provisions of this section shall not apply to any institu tion in any of the cities or counties of this state, which the fire department of said city or district attorney of the county shall certify in writing to be fireproof to an extent which will not require the appliances and fixtures provided for in this section. The certificate exempting institutions from the operations of this section shall be filed during the month of January in each year, in the office of the county clerk of the county.