New York Consolidated Laws

N.Y. Public Health Law § 2 (2026)

Definitions

✓ current as of May 2026
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§ 2. Definitions. 1. Whenever used in this chapter, unless otherwise
expressly stated or unless the context or subject matter requires a
different meaning, the following terms shall have the respective
meanings hereinafter set forth or indicated:
  (a) Department. The term "department" means department of health of
the state of New York.
  (b) Commissioner. The term "commissioner" means commissioner of health
of the state of New York.
  (c) Health district. The term "health district" means a county health
district, part-county health district, city, town, village or
consolidated health district having a separate board of health.
  (d) County health district. The term "county health district" means a
health district comprising the entire county heretofore or hereafter
established.
  (e) Part-county health district. The term "part-county health
district" means all that part of a county outside of a city or cities
having a population of fifty thousand or more heretofore or hereafter
established as a health district.
  (f) County department of health. The term "county department of
health" means that division of the county government having jurisdiction
over the public health of a county or part-county health district.
  (g) County health commissioner. The term "county health commissioner"
means the executive officer of a county department of health.
  (h) Local board of health. The term "local board of health" means the
board of health of a county, part-county, city, village, town or
consolidated health district.
  (i) Municipality. The term "municipality" means a city, village, town
or consolidated health district.
  (j) Local health officer. The term "local health officer" means the
health officer of a county, part-county, city, village, town or a
consolidated health district.
  (k) Sanitary code. The term "sanitary code" means sanitary code of the
state of New York.
  (l) Communicable disease. The term "communicable disease" means
infectious, contagious or communicable disease.
  (m) State institution in the department. The term "state institution
in the department" means any state hospital or institution subject to
the jurisdiction, supervision and control of the state department of
health, and such other state hospitals and institutions as may hereafter
be made subject to the jurisdiction, supervision and control of the
state department of health.
  (n) Sexually transmissible disease. The term "sexually transmissible
disease" shall mean a disease that appears on the list of diseases
promulgated by the commissioner pursuant to section twenty-three hundred
eleven of this chapter.
  2. Whenever the term "state board of health" occurs or any reference
is made thereto, in any law, it shall be deemed to mean or refer to the
department as described in this article.
  3. Whenever the term "public health council" or "state hospital review
and planning council" occurs, or any reference is made thereto, in any
law, it shall be deemed to mean or refer to the public health and health
planning council as described in article two of this chapter.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1986–2021 · leading case: Matter of Quigley v. Vill. of E. Aurora, 2021 NY Slip Op 01174 (N.Y. App. Div. 2021).
Matter of Quigley v. Vill. of E. Aurora, 2021 NY Slip Op 01174 (N.Y. App. Div. 2021). “Additionally, although the term "insurer" is not defined under either the Public Health Law ( see Public Health Law § 2) or the Insurance Law ( see Insurance Law § 107), the Workers' Compensation Law draws a distinction between "an insurer or health benefits plan" and an…”
Dist. 27 Cmty. Sch. Bd. v. Bd. of Educ., 130 Misc. 2d 398 (N.Y. Sup. Ct. 1986). “4 The statute defines the word "communicable” as an "infectious, contagious or communicable disease” (Public Health Law § 2 [1] [l]). While the Public Health Council has designated some 42 diseases as "infectious, contagious or communicable” (10 NYCRR 2.”
St. Elizabeth's Hosp v. Bd., 174 A.D.2d 225 (N.Y. App. Div. 1992). “The "department” is statutorily defined as DOH (see, Public Health Law § 2 [1] [a]), and respondent was specifically formed as part of DOH pursuant to Public Health Law § 230 (1), which provides that "[a] state board for professional medical conduct is hereby created in the…”
Herbert Paul, CPA, P.C. v. 370 Lex, L.L.C., 7 Misc. 3d 747 (N.Y. Sup. Ct. 2005). “Although the statute protects people from the effects of secondhand smoke, no private cause of action was created under the article, and the only penalties for noncompliance are civil penalties imposed by the Commissioner of Health of the State of New York or any other…”
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