GALE R. BURSTEIN, MD, MPH, FAAP                                                          DEPARTMENT OF HEALTH



HEALTH ADVISORY # 336                                                                        February 11, 2016

NYS Department of Health Commissioner Declares Influenza Prevalent in the State

Please distribute to Healthcare Providers, Infection Control Department, Emergency Department, Infectious Disease Department, OB/GYN, Family Medicine, Pediatrics, Director of Nursing, Medical Director, Laboratory Service, Pharmacy, and all patient care areas.


The New York State Department of Health Commissioner Dr. Howard Zucker declares influenza

to be prevalent in New York State for the 2015-16 influenza season, as of the date of this

announcement. In accordance with Section 2.59 of the New York State Sanitary Code (10

NYCRR § 2.59), all healthcare and residential facilities and agencies regulated pursuant to

Article 28, 36, or 40 of the Public Health Law, shall ensure that all personnel, as defined in the

regulation, not vaccinated against influenza for the current influenza season wear a surgical or

procedure mask while in areas where patients or residents are typically present. This

declaration shall remain in effect until the Commissioner declares influenza no longer prevalent

in New York State.


At this time, please activate your facility’s or agency’s policy and procedure to ensure

compliance with 10 NYCRR § 2.59.



Frequently Asked Questions regarding the regulation and other resources are available at 


For more information please direct questions to


Health Category Definitions:

Health Alert FLASH: conveys the highest level of importance due to a large-scale, catastrophic public health emergency; warrants immediate action or attention

Health Alert Priority: conveys the highest level of importance; warrants immediate action or attention to a health problem or situation

Health Advisory: provides important information for a specific incident or situation; may not require immediate action

Health Update: provides updated information regarding an incident or situation; no immediate action necessary


You can sign up to receive Health Alerts & Advisories at  The ECDOH Health Alert & Advisory System is an e-mail notification system designed to alert community partners about important health related information. 


The Erie County Department of Health does not provide medical advice. The information provided on the Erie County Department of Health website is not an attempt to practice medicine and is not intended as a substitute for professional medical advice, diagnosis, or treatment. It is for informational purposes only. Always seek the advice of your personal physician or other qualified health provider with any questions you may have regarding a medical condition or issue. Never disregard professional medical advice ordelay in seeking it because of the content found on the Erie County Department of Health website or this correspondence.


Phone: (716) 858-7690

Fax: (716) 858-8701

Erie County Department of Health (ECDOH)
95 Franklin Street
Buffalo, New York 14202

ECDOH Locations

Western New York 211