DOH Commissioner Declares Influenza No Longer Prevalent

The New York State Department of Health (DOH) Commissioner Dr. Howard Zucker has issued a declaration that influenza is no longer prevalent in the state. Thus, all entities covered under the New York State Sanitary Code (10 NYCRR § 2.59) no longer have to ensure that personnel (as defined in the regulation) not vaccinated against influenza wear a surgical or procedure mask when in areas with patients or residents. The regulation applies to a variety of settings, including nursing homes, adult day health care programs, hospices, and home care agencies, including assisted living programs' (ALP) home care agencies.

This declaration is in effect until the Commissioner declares influenza to be prevalent once again.

Frequently Asked Questions regarding the regulation and other resources are available here. For more information, please direct questions to FluMaskReg@health.ny.gov.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828