201 - Functions, powers and duties of the department.

§  201.  Functions,  powers  and  duties  of  the  department.  1. The  department shall, as provided by law:    (a) supervise the work and activities of the local  boards  of  health  and  health  officers throughout the state, unless otherwise provided by  law;    (b) supervise and control  the  registration  of  births,  deaths  and  marriages;    (c) supervise the reporting and control of disease;    (d) engage in research into morbidity and mortality;    (e)  produce,  standardize and distribute diagnostic, prophylactic and  therapeutic products;    (f) conduct laboratory examinations for the diagnosis and  control  of  disease;    (g) promote education in the prevention and control of disease;    (h)  promote  or  provide  diagnostic  and  therapeutic  services  for  maternal and child health, communicable disease, medical rehabilitation,  cancer and other conditions and diseases affecting public health;    (i) except as  otherwise  provided  by  law,  license,  supervise  and  regulate maternity hospitals and homes and the occupation of midwifery;    (j)  license, supervise and regulate the manufacture, distribution and  use of narcotics;    (k) maintain and operate such state  hospitals,  institutions,  public  health centers and clinics as shall be established in the department;    (l)  supervise and regulate the sanitary aspects of water supplies and  sewage disposal and control the pollution of waters of the state;    (m) supervise and regulate the  sanitary  aspects  of  camps,  hotels,  boarding  houses,  public  eating  and drinking establishments, swimming  pools,  bathing  establishments  and  other  businesses  and  activities  affecting  public health and, in relation to hotels, boarding houses and  temporary residences as defined in the state sanitary code, inspect such  facilities (i) where inspections do not otherwise occur under the  state  uniform   fire   prevention  and  building  code,  (ii)  to  respond  to  complaints, or (iii) when otherwise necessary;    (n) exercise control over and supervise  the  abatement  of  nuisances  affecting or likely to affect public health;    (o)  advise  any  local  unit  of  government  and  the  public health  officials thereof within the state, in the performance of their official  duties and regulate the financial assistance granted  by  the  state  in  connection with all public health activities;    (p) receive and expend funds made available for public health purposes  pursuant to law;    (q)  license, supervise and regulate the practice of funeral directing  and embalming;    (r) supervise and regulate  the  public  health  aspects  of  ionizing  radiation  and  nonionizing  electromagnetic  radiation;  and may in its  discretion license activities within the state affecting  or  likely  to  affect  public  health  and relating to radioactive materials, excluding  special nuclear materials in quantities sufficient to  form  a  critical  mass  and  excluding the handling and disposal of radioactive wastes and  the release of radioactivity to the environment regulated by  the  state  department of environmental conservation;    (s)  administer  to  the medical and health needs of the ambulant sick  and needy Indians on the reservations;    (u) engage in research into the causes of rocky mountain spotted fever  and the prevention thereof and  develop  programs  for  the  control  of  ticks,  insects and anthropods which act as vectors of disease affecting  man, within funds made available for such purposes.(v) act as the single state agency for medical assistance pursuant  to  section  three  hundred  sixty-three-a  of  the  social services law, as  amended by this chapter, with responsibility to supervise the  plan  for  medical  assistance  as  required  by  title  XIX  of the federal Social  Security  act,  or  its  successor,  and  to adopt regulations as may be  necessary to implement this plan.    2. The department shall continue to exercise  all  of  the  functions,  powers  and duties which have been prescribed by law and which are being  exercised by it when  this  chapter  takes  effect  together  with  such  functions,  powers  and duties as hereafter may be conferred and imposed  upon it by law.    * 3. All the provisions of this chapter shall apply to the  department  continued  by  this  chapter  and to the commissioner, the public health  council and to the divisions, bureaus and officers in such department.    * NB Effective until December 1, 2010    * 3. All the provisions of this chapter shall apply to the  department  continued  by  this  chapter  and to the commissioner, the public health  council and any successor council, and to  the  divisions,  bureaus  and  officers in such department.    * NB Effective December 1, 2010