2010 New York Code
PBH - Public Health
Article 28 - (2800 - 2822) HOSPITALS
2805-L - Incident reporting.

§  2805-l.  Incident  reporting.  1.  All  hospitals,  as  defined  in
  subdivision ten of section twenty-eight hundred  one  of  this  article,
  shall  be  required  to report incidents described by subdivision two of
  this section to the department in a manner and within  time  periods  as
  may be specified by regulation of the department.
    2. The following incidents shall be reported to the department:
    (a)   patients'   deaths   or   impairments  of  bodily  functions  in
  circumstances other than those related to the natural course of illness,
  disease or  proper  treatment  in  accordance  with  generally  accepted
  medical standards;
    (b)  fires in the hospital which disrupt the provision of patient care
  services or cause harm to patients or staff;
    (c) equipment malfunction during treatment or diagnosis of  a  patient
  which  did  or  could  have  adversely  affected  a  patient or hospital
  personnel;
    (d) poisoning occurring within the hospital;
    (e) strikes by hospital staff;
    (f) disasters or other emergency situations external to  the  hospital
  environment which affect hospital operations; and
    (g)  termination of any services vital to the continued safe operation
  of the hospital or  to  the  health  and  safety  of  its  patients  and
  personnel,  including  but  not  limited  to  the  anticipated or actual
  termination  of  telephone,  electric,  gas,  fuel,  water,  heat,   air
  conditioning, rodent or pest control, laundry services, food or contract
  services.
    3.  The hospital shall conduct an investigation of incidents described
  in paragraphs (a) through (d) of subdivision two of this section  within
  thirty  days  of obtaining knowledge of any information which reasonably
  appears to show that such an incident has occurred,  provided  that,  if
  the hospital reasonably expects such investigation to extend beyond such
  thirty  day  period,  the  hospital  shall notify the department of such
  expectation and the reason therefor, and shall inform the department  of
  the  expected  completion  date of the investigation. The hospital shall
  provide to the department a copy  of  the  investigation  report  within
  twenty-four   hours  of  completion.  Nothing  herein  shall  limit  the
  authority of the department to conduct  an  investigation  of  incidents
  occurring in general hospitals.
    4.  The  commissioner shall establish protocols for hospital personnel
  where  a  patient  under  the  age  of  eighteen   years   dies   during
  transportation   to  the  hospital  or  while  at  the  hospital,  under
  circumstances other than those related to the natural course of illness,
  disease or  proper  treatment  in  accordance  with  generally  accepted
  medical  standards.  Such protocols shall address matters including, but
  not limited to, the following:
    (a) medical and social history, and examination of the patient;
    (b) preservation of evidence and chain of custody;
    (c) questioning  of  the  patient's  family,  guardian  or  person  in
  parental authority;
    (d) circumstances surrounding the injury resulting in death;
    (e) determination of the cause of death;
    (f) notification of law enforcement personnel; and
    (g)  reporting  requirements  under  title  six  of article six of the
  social services law.
    In developing such protocols, the commissioner shall consult with  the
  office  of  children  and  family  services, local departments of social
  services,  coordinators  of  child  fatality  review  teams  established
  pursuant  to  section  four  hundred twenty-two-b of the social services
  law, law enforcement agencies, pediatricians preferably  with  expertise

in  the area of child abuse and maltreatment or forensic pediatrics, and
  such other persons as the commissioner deems necessary.
    5.  The  commissioner  shall  make, adopt, promulgate and enforce such
  rules and regulations as he  may  deem  appropriate  to  effectuate  the
  purposes of this section.