NYS Department of Health Commissioner’s Determination on Indoor Masking — Emergency Regulations 10NYCRR 2.60

December 12, 2021

On Friday, Governor Hochul announced a new statewide indoor mask requirement.  Following that announcement the NYS Commissioner of Health issued the attached determination. The “determination” takes the place of an Executive Order and immediately enacts regulatory and enforcement standards.  Please review the determination that will be enforced accordingly under provisions of the public health law. 


The Commissioner’s determination (attached) speaks directly to Article 28, 36, 40, adult care facilities, P-12 schools, homeless shelters, correctional facilities and public transportation to wear masks regardless of vaccination status (although for correctional facilities, it specifies if social distancing cannot be maintained).  There is also a final section (pasted below) which applies to all other indoor settings other than private residences.   It states that masks must be worn indoors regardless of vaccination status unless proof of vaccination is a condition of entry.  The determination takes effect Monday, December 13, 2021 and remains in effect until January 15, 2022 when Governor Hochul and Dr. Bassett will re-evaluate the policy.

From the determination: All Indoor Public Places Not Otherwise Covered by This Determination:

a. After careful review and consideration of the increasing number of COVID-19 cases and
hospitalizations statewide, and in alignment with CDC recommendations for communities with
substantial and high transmission, all persons, over age two and able to medically tolerate a
face covering/mask, regardless of vaccination status, shall wear an appropriate face
covering/mask while in any indoor public place.
b. This requirement shall not apply to any indoor public area that requires proof of vaccination as a
condition of entry.
c. For purposes of this determination “indoor public place” shall mean any indoor space that is not
a private residence.
d. This requirement shall be in effect until January 15, 2022.