[NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE Mary. Bassett, MD, MPH Health ‘Commasioner ORDER OF THE COMMISSIONER WHEREAS, on o about Julyllll2016, the New York City Department of Health and Mental Hygiene (“Department”) was notified that an infant tested positive for herpes simplex virus type | infection; and WHEREAS, on July[§P016, and prior to being diagnosed with herpes simplex virus type | infection, the infant was circumcised by you; and WHEREAS, you could not state unequivocally in interviews with the Department whether you performed direct orogenital suction at the time of the infant's circumcision; and WHEREAS, you reported that you were serologically tested to determine whether you had herpes simplex virus type 1 infection; and WHEREAS, you would not provide the Department with the written results of said serologic testing, despite our request that you do so; and WHEREAS, herpes simplex virus type | infection is a potentially life threatening disease when occurring in an infant that can be transmitted from one person to another via contact of an open wound with oral fluids such as saliva, including via 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, I find that performance of direct orogenital suction during infant circumeision 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 circumcision 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 until such time as the Department determines that your performance of such procedure presents no risk to the life or health of any child. Page 1 of 2In order to arrange testing in the manner prescribed by the Department, you may contact Demetre Daskalakis, M.D, M.P.HL., 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, Long Island City NY 11101-4132; email: tmerril] @health.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. Ponasee~ Mary T. Bafétt, MD, MPH Commissioner of Health Dated: March 17, 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: Print Name. Signature Delivered by: Print Name Title Page 2 of 2