N.Y. Comp. Codes R. & Regs. tit. 14 § 85.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 85.7 - Staffing

(a) The facility shall continuously employ an adequate number of appropriately qualified staff to carry out the program of examination, diagnosis, care, treatment, and rehabilitation or training effectively. A written rationale for the staffing pattern utilized shall be provided to the department.

(b) All staff physicians shall be currently registered and licensed to practice medicine in the State of New York; their qualifications shall be reported to the department at the time of their employment.

(1) The facility shall not permit physicians in training to perform a service for which a license is required by the State of New York except as a part of an approved training program and unless authorized by a temporary certificate to practice medicine at the facility and they are at the time under the direct control and supervision of a currently registered and licensed physician.

(i) A training program to be approved must be accredited by the Council on Medical Education of the American Medical Association, the appropriate specialty boards or any other recognized approval body based on standards acceptable to the department.

(ii) With respect to the care of recipients of health insurance and medical assistance only, training programs must comply with the requirements of applicable rules and regulations of the Secretary of Health, Education and Welfare pertaining to resident, intern and medical student training programs enacted pursuant to the Health Insurance for the Aged Act.

(2) All direct service, other than in an emergency, provided by interns, house officers, residents or physicians with equivalent titles shall be provided as specified in paragraph (1) of this subdivision unless provided by a physician currently registered and licensed to practice in New York State.

(c) All staff members providing services as members of professions the practice of which is by law required to be licensed, certified or registered shall file documentation of compliance with the governing body; this documentation shall be retained on file and made available to the department upon request.

(d) All staff members providing services as members of professions the practice of which does not by law require licensure, certification or registration shall file documentation of their training and experience with the governing body.

(e) All other program staff shall have qualifications appropriate to their assigned responsibilities as set forth in written policies of the governing body and shall be subject to appropriate professional staff supervision.

(f) The certificate holder shall submit reports to the department, as required, of the staff employed by and available in the facility.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 85.7