NEW YORK CITY DEPARTMENT OF
HEALTH AND MENTAL HYGIENE
Mary T. Bassett, MO, MPH
Health Commissioner
ORDER OF THE COMMISSIONER
WHEREAS, on or about December 2015, the New York City Department of Health
and Mental Hygiene (“Department”) was notified that an infant tested positive for herpes
simplex virus type 1; and
WHEREAS, on DecemberffJ2015, and prior to being diagnosed with herpes simplex
virus type I, the infant was circumeised by you; and
WHEREAS, it has been reported to us that in the course of circumcising the infant you
directly applied your mouth to the infant’s circumcision wound, as part of a practice known as
direct orogenital suction; and
WHEREAS, using a laboratory requisition form supplied to you by the Department, you
were tested serologically under an assigned number rather than your name for herpes simplex
virus type 1 infection; and
WHEREAS, results of said serologic test were reported to the Department as positive for
herpes simplex virus type 1 infection; and
WHEREAS, herpes simplex virus is a potentially life threatening disease when occurring
in an infant that can be transmitted from one person to another via contact with oral fluids such
as saliva, including direct orogenital suction at the time of circumcision; and;
WHEREAS, pursuant to the Health Code § 3.07, no person shall fail to do any
reasonable act or take any necessary precaution to protect human life and health; and
WHEREAS, in accordance with Health Code § 11.03(e), the Department is specifically
authorized to take measures to prevent morbidity or mortality; and
WHEREAS, | find that performance of direct orogenital suction during infant
circumcision without knowing whether you are also transmitting herpes simplex virus type 1
infection constitutes a danger to life and health of such infants
THEREFORE, YOU ARE HEREBY ORDERED, to cease and desist from performing
direct orogenital suction or from otherwise allowing your mouth or oral fluids to come in contact
with the circumcision site on any infant that you circumcise, or whose circumeision you attend,
in the City of New York until you have undergone testing for herpes simplex virus type |
antibodies in a manner prescribed by the Department, and such testing is reported as negative, or
Page 1 of 2until such time as the Department determines that your performance of such procedure presents
no risk to the life or health of any child.
In order to arrange testing in the manner prescribed by the Department, you may contact
Demetre Daskalakis, M.D, M.P.H., Acting Deputy Commissioner for Disease Control, New
York City DOHMH, 42-09 28" Street, Long Island City NY 11101-4132; telephone: 347-396-
2536; email: ddaskalakis@health.nyc, gov; or fax: 347-396-2558.
If you wish to contest (object to) this Order, please contact Thomas G, Merrill, General
Counsel, New York City DOHMH, 42-09 28" Street (WS 14-38), Long Island City NY 11101-
4132; email: unerrill @liealth.nyc.gov; telephone: 347-396-6116; fax: 347-396- 6087, within
three (3) business days of receiving this Order, and provide a statement of the reasons for your
objection to this Order.
pact, _3/(7]2017
WARNING
Failure to comply with an Order of the Commissioner of Health and Mental Hygiene is a
violation of § 3.05 of the New York City Health Code and a misdemeanor, for which you
may be subject to civil and criminal fines, forfeitures and penalties, including
imprisonment.
Date and time of delivery:
Person receiving Order:
Signature
Delivered by:
Print Name.
Tide
Page 2 of 2