(a) As determined by the commissioner based on COVID-19 incidence and prevalence, as well as any other public health and/or clinical risk factors related to COVID-19 disease spread, the commissioner may require routine COVID-19 testing in certain settings, which may include schools, homeless shelters, correctional facilities, nursing homes, and health care settings, and which may distinguish between individuals who have received full vaccination against COVID-19 and those who have not. Such testing determination may also include alternatives to testing as well as prevention protocols pending test results based on symptoms and/or exposure in certain settings.

1. (1) Entities subject to routine COVID-19 testing pursuant to a commissioner’s determination may accept documentation demonstrating full vaccination in lieu of imposing such testing requirements, if permitted in a commissioner’s determination. Full vaccination, for the purposes of this section, shall be determined by the department in accordance with applicable Federal guidelines and recommendations. Unless otherwise specified by the department, documentation of full vaccination must include the manufacturer, lot number(s), date(s) of vaccination; and vaccinator or vaccine clinic site, in one of the following formats:

   1. (i) record prepared and signed by the licensed health practitioner who administered the vaccine, which may include a CDC COVID-19 vaccine card;
   2. (ii) an official record from one of the following, which may be accepted as documentation of immunization without a health practitioner’s signature: a foreign nation, NYS Countermeasure Data Management System (CDMS), the NYS Immunization Information System (NYSIIS), City Immunization Registry (CIR), a department-recognized immunization registry of another state, or an electronic health record system;
   3. (iii) Excelsior Pass; or
   4. (iv) any other documentation determined acceptable by the department.
2. (2) Entities subject to a commissioner’s determination pursuant to this section shall document testing or vaccination in appropriate records in accordance with applicable privacy laws and submit data and information related thereto to the department in a manner and format set forth in such determination.

3. (3) The commissioner shall issue findings regarding the necessity of testing requirements at the time such requirements are announced.

   (b) Enforcement and penalties.

4. (1) All local health officers shall take such steps as may be necessary to assist with the enforcement of the provisions of this section in accordance with the Public Health Law and this Title.
5. (2) A violation of any provision of this section is subject to all civil and criminal penalties as provided for by law. Entities that violate this section are subject to a maximum fine of $1,000 for each violation. For purposes of civil penalties, each day that an entity operates in a manner inconsistent with the section shall constitute a separate violation under this section.