2013 New York Consolidated Laws
PBH - Public Health
Article 32-A - (3220 - 3223) RECOMBINANT DNA EXPERIMENTS
3222 - Certification.

 
    §  3222. Certification. 1. One hundred eighty days after the effective
  date of this article, no individual shall engage in  a  recombinant  DNA
  activity  unless  such  individual  has been issued a certificate by the
  commissioner or such individual is affiliated with and is  acting  under
  the  direction  of and in a facility controlled by a person who has been
  issued such a certificate.
    2. Within one hundred eighty  days  of  the  effective  date  of  this
  article, the commissioner shall prescribe regulations for the conduct of
  recombinant  DNA  activity  which shall be the substantial equivalent of
  sections II (entitled "containment")  and  III  (entitled  "experimental
  guidelines")  of the recombinant DNA research guidelines of the National
  Institutes of Health of the Department of Health, Education and  Welfare
  published  in part II of the Federal Register for July seventh, nineteen
  hundred seventy-six. If the National Institutes of Health guidelines are
  revised, the commissioner shall revise the regulations for  the  conduct
  of recombinant DNA activity accordingly.
    3.  Within  one  hundred  eighty  days  of  the effective date of this
  article the commissioner shall prescribe regulations for the:
    (a)  training  and  qualifications   for   individuals   engaging   in
  recombinant DNA activities;
    (b) personnel health monitoring programs;
    (c)   establishment   of  institutional  committees  to  oversee  such
  activities; and
    (d) periodic reports of the progress of such activities.
    Regulations  adopted  pursuant  to  this  section  shall  be  reviewed
  periodically   by  the  commissioner  in  light  of  current  scientific
  knowledge to determine their continued adequacy and appropriateness.
    4. The commissioner shall  by  regulation,  establish  procedures  for
  application  for  a certificate to conduct recombinant DNA activity. All
  proprietary information in applications or reports to the department  by
  persons  certified pursuant to this section, not available to the public
  or protected by a patent or copyright, shall be kept confidential.
    5.  The  commissioner  may  approve  or  deny  an  application  for  a
  certificate to engage in recombinant DNA activity or may approve it upon
  such conditions as he shall prescribe.
    6.  The  commissioner  by regulation may prescribe reasonable fees for
  certification,  not  exceeding  the  cost  of  administrative   services
  rendered by the department.
    7.  The  commissioner shall, by regulation, provide for an abbreviated
  certification process for the conduct of recombinant DNA activity  which
  is subject to, and which is in compliance with, policies and regulations
  promulgated  by  any agency of the federal government for the regulation
  of recombinant DNA activity.
    8. No local authority shall enact or enforce any local law, ordinance,
  rule or regulation which would  regulate  or  restrict  recombinant  DNA
  activity.  Further,  no  local  authority  shall  enact or duplicate any
  provision of this article as local law, ordinance, rule or regulation.