Amendment to Schools (Article 49 of the NYC Health Code)

Proposed Rules: Closed to Comments

Comment By: 
Friday, November 15, 2019
Download Copy of Proposed Rule (.pdf): 

Statement of Basis and Purpose

Article 49 of the New York City Health Code governs health and safety requirements for schools. The Department of Health and Mental Hygiene (DOHMH) proposes that the Board of Health amend Article 49 Section 49.05 to establish child immunization requirements that conform with § 2164 of the New York State Public Health Law. DOHMH further proposes amending Article 49 Section 49.07 to require each school to have a medical room so that health professionals may properly perform their duties.  Finally, the Department proposes that Article 49 Section 49.01 be amended to confirm that the proposed changes concerning child immunization also apply to public and private high schools.

Legal Authority

These amendments to the Health Code are proposed pursuant to §§ 558 and 1043 of the New York City Charter.  Sections 558 (b) and (c) of the Charter empower the Board to amend the Health Code and to include in the Health Code all matters to which the authority of the Department extends.  Section 1043 grants the Department rulemaking authority. 

This proposal was not included in the Department’s Fiscal Year 2020 regulatory agenda as its need was not required at the time of publication.

Public Hearing

Proposed resolution to amend Article 49 (Schools) of the New York City Health Code.

Public Hearing Date: 
Friday, November 15, 2019 - 9:30am

Svetlana Burdeynik at (347) 396-6078 or

New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 3rd floor, Room 3-32
Queens, NY 11101