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a. Definitions. For the purposes of this section, the term “rapid testing” means testing for chlamydia, gonorrhea, or HIV that produces results in the same day.
b. Availability. The department shall make rapid testing available at sites in at least 4 boroughs. Three such sites shall be operational by February 15, 2026, and the fourth such site shall be operational by February 15, 2027. In determining the location of rapid testing sites, the department shall consider community and geographic factors including rates of sexually transmitted infections, availability of other testing services, social determinants of health, including, but not limited to, race, ethnicity, sexual orientation, and gender identity, and other factors the department deems relevant. Within 30 days of determining each such location, the commissioner shall notify in writing the mayor and speaker of the council of the considerations that went into such determination.
c. Outreach. Upon the establishment of any rapid testing site required pursuant to subdivision b of this section, the department shall consult or partner with relevant community-based organizations and shall conduct an education campaign in English and the designated citywide languages as defined in section 23-1101 to inform communities of the locations and availability of rapid testing services. In determining relevant community-based organizations to consult or partner with, the department shall consider community and geographic factors including rates of sexually transmitted infections, availability of other testing services, social determinants of health, including, but not limited to, race, ethnicity, sexual orientation, and gender identity, and other factors the department deems relevant.
d. Disclaimer. Nothing in this section shall require the department to provide rapid testing services to a patient for whom the department or the medical provider administering such services does not find such rapid testing to be clinically appropriate.
(L.L. 2024/084, 8/17/2024, eff. 8/17/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/084.
The department shall promulgate rules requiring the department to respond to complaints regarding unsafe lead-based paint work practices.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/001.
a. The department shall develop a brochure which, at a minimum, advises all appropriate medical providers of their obligations to screen and test children for lead poisoning according to all relevant federal, state and local laws, rules and regulations. Such pamphlet shall be distributed to all appropriate medical providers on an annual basis, starting on September 15, 2004.
b. The department shall develop a pamphlet regarding lead poisoning prevention in children. Such pamphlet shall, at a minimum, be printed in English and Spanish and shall include, at a minimum: (i) the manner in which children are most likely poisoned by lead; (ii) the effects of lead poisoning on a child's health; (iii) the intervals at which a child is required by New York state law to be tested for blood lead levels; (iv) the appropriate telephone numbers to obtain lead poisoning screening, diagnosis and treatment information; (v) the steps a parent or guardian may take to protect his or her child from lead poisoning; and (vi) the requirement of landlords to inspect and repair lead-based paint hazards.
c. At a minimum, the department shall distribute the pamphlet produced pursuant to paragraph b of this section with each birth certificate furnished to the parent or guardian of a child pursuant to section 17-168 of this title. Such pamphlet shall also be made available to any member of the public upon request.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/001.
a. The department shall establish and implement an education and outreach program to increase awareness of childhood lead poisoning prevention. Such education and outreach program shall at a minimum include the following information:
1. Health effects of lead poisoning in children and pregnant women;
2. Major sources of lead exposure for children;
3. Ways to prevent lead exposure and to address lead hazards;
4. Importance of lead screening and blood lead testing requirements for children and pregnant women; and
5. Requirements related to inspection and remediation of lead hazards in certain housing and facilities.
b. The education and outreach program required by subdivision a of this section shall include linguistically and culturally competent education and outreach tailored to limited English proficient individuals and specific immigrant populations. To meet such requirement, the department, in consultation with the mayor's office of immigrant affairs, shall identify and implement measures including but not limited to production of educational materials, language assistance tools, community outreach and advertisements in multiple languages in public locations.
c. Any educational materials produced pursuant to subdivision b of this section shall be made available on the department's website and submitted to the commissioner of the mayor's office of immigrant affairs. The educational materials made available on the department's website pursuant to this subdivision shall be made available in English; in the six languages most commonly spoken by limited English proficient individuals in the city as determined by the department of city planning; and in any other languages deemed appropriate by the commissioner.
(L.L. 2019/069, 4/14/2019, eff. 4/14/2020)
a. Definitions. For purposes of this section, the following items shall have the following meanings:
(1) "Nurse" means an individual licensed as a registered professional nurse pursuant to section 6905 of the New York state education law.
(2) "Public health advisor" includes, but is not limited to, an individual who supports medical and/or professional staff in schools by performing health related duties and who has satisfied the requirements set forth by the department.
b. Primary Schools. The department shall provide on a full-time basis at least one nurse at each public and private primary school which i) had at least two hundred students enrolled on the last day of the second month of the preceding school year; ii) submits a written request to the department that such nurse be provided; and iii) maintains, pursuant to any rules promulgated by the commissioner, an appropriate medical room wherein such nurse can carry out his or her nursing duties.
c. Intermediate Schools. The department shall provide at least one nurse, provided that a nurse has not been provided pursuant to subdivision b of this section, or public health advisor or school health service aide, as appropriate, at each public and private intermediate school which i) had at least two hundred students enrolled on the last day of the second month of the preceding school year; ii) submits a written request to the department that such nurse or public health advisor or school health service aide be provided; and iii) maintains pursuant to any rules promulgated by the commissioner, an appropriate medical room wherein such nurse or public health advisor or school health service aide can carry out his or her duties.
d. The provision of any nurses, or public health advisors when applicable, assigned to a school pursuant to this section shall be consistent with any applicable collective bargaining agreements.
e. For the purposes of this section, references to the "department" shall mean the department, either individually or jointly with the board of education as appropriate. The requirements or implementation of this section shall not be construed to cause the layoff or loss of any wages, benefits or other terms and conditions of employment of, and shall not be construed to reduce the employment opportunities of nurses, public health advisors, public health assistants, or school health services aides, as defined by the department, or any other health related position, currently employed, or to be employed by primary and intermediate schools.
f. The commissioner may promulgate any rules deemed necessary for the purposes of implementing and carrying out the provisions of this section.
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
1. "Automated external defibrillator" means a medical device, approved by the United States food and drug administration, that:
(i) is capable of recognizing the presence or absence in a patient of ventricular fibrillation and rapid ventricular tachycardia;
(ii) is capable of determining, without intervention by an individual, whether defibrillation should be performed on a patient;
(iii) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to a patient's heart; and (iv) upon action by an individual, delivers an appropriate electrical impulse to a patient's heart to perform defibrillation.
2. "Owner or operator" means the owner, manager, operator, or other person or persons having control of a public place.
3. "Public place" means the publicly accessible areas of the following places to which the public is invited or permitted:
(i) public buildings maintained by the division of facilities management and construction of the department of citywide administrative services or any successor;
(ii) pool facilities under the jurisdiction of the department of parks and recreation that have a capacity of more than 100 people;
(iii) parks under the jurisdiction of the department of parks and recreation identified pursuant to subdivision e of this section;
(iv) ferry terminals owned and operated by the city of New York served by ferry boats with a passenger capacity of one thousand or more persons;
(v) nursing homes, as defined in section 2801 of the New York state public health law;
(vi) senior centers, which include facilities operated by the city of New York or operated by an entity that has contracted with the city to provide services to senior citizens on a regular basis, such as meals and other on-site activities;
(vii) golf courses, stadia and arenas; and
(viii) health clubs that are commercial establishments offering instruction, training or assistance and/or facilities for the preservation, maintenance, encouragement or development of physical fitness or well-being that have a membership of at least two hundred and fifty people, and which shall include, but not be limited to, health spas, health studios, gymnasiums, weight control studios, martial arts and self-defense schools or any other commercial establishment offering a similar course of physical training.
b. Automated external defibrillators required. Except as provided in subdivision j of this section, the owner or operator of a public place shall make available in such public place automated external defibrillators in quantities and locations deemed adequate in accordance with rules promulgated pursuant to subdivisions e and f of this section and in accordance with section 3000-b of the New York state public health law. Such automated external defibrillators shall be readily accessible for use during medical emergencies. Any information regarding use of automated external defibrillators deemed necessary by the department in accordance with rules promulgated pursuant to subdivision f of this section shall accompany and be kept with each automated external defibrillator. Any automated external defibrillator required pursuant to this subdivision shall be acquired, possessed and operated in accordance with the requirements of section 3000-b of the New York state public health law.
c. Notice required. The owner or operator of a public place shall provide written notice to the public, by means of signs, printed material or other form of written communication, indicating the availability of automated external defibrillators for emergency use in such public place and providing information on how to obtain automated external defibrillator training. The type, size, style, location and language of such notice shall be determined in accordance with rules promulgated by the department pursuant to subdivision f of this section. Should such rules require or allow the posting of signs made available by the department to owners or operators of a public place to serve as appropriate notice pursuant to this subdivision, the department may charge a fee to cover printing, postage and handling expenses.
d. Reports. No later than January 1, 2024, and every 6 months thereafter, the department shall submit to the mayor and the speaker of the council and post on the department’s website a report indicating the quantities and locations of automated external defibrillators placed in public places pursuant to subdivision b of this section. Such report shall include:
1. Location data for each such device;
2. Location names;
3. Location addresses; and
4. Where practicable, specific information describing the placement of each such device at a location, such as the floor, room, or stairwell.
Such report shall additionally specify whether each such automated external defibrillator is equipped with pediatric-attenuated pads or otherwise equipped with child-appropriate functionality. The department shall submit to the speaker of the council in a machine-readable format all raw data upon which the report required by this subdivision is based.
e. Parks. The commissioner of the department of parks and recreation shall promulgate rules identifying at least six parks in each borough under the jurisdiction of the department of parks and recreation to be considered a public place for the purposes of this section, which would not otherwise be considered such a place, and determining the quantity and location of automated external defibrillators to be placed in such parks; provided, however, that at least one of the parks identified in each borough must be over one hundred and seventy acres.
f. Rules. The department shall promulgate such rules as may be necessary for the purpose of implementing the provisions of this section, including, but not limited to, rules regarding the quantity and location of automated external defibrillators to be placed in a particular public place or general category of public place; the form of notice in which the availability of automated external defibrillators in a public place shall be made known to the public and any accompanying fee; and any information on the use of automated external defibrillators that must accompany and be kept with each automatic external defibrillator; provided, however, that the department of parks and recreation shall determine the quantity and location of automated external defibrillators placed in parks, pursuant to subdivision e of this section. Such rules shall also include, but not be limited to, required training in the use of automated external defibrillators.
g. Liability limited. Any person who, in accordance with the provisions of this section, voluntarily and without expectation of monetary compensation renders first aid or emergency treatment using an automated external defibrillator that has been made available pursuant to this section, to a person who is unconscious, ill or injured, and any person, owner or operator, entity, partnership, corporation, firm or society that purchases or makes available an automated external defibrillator as required by this section, shall be entitled to the limitation of liability provided in section 3000-a of the New York state public health law.
h. No duty to act. Nothing contained in this section shall impose any duty or obligation on any owner or operator of a public place, his or her employee or other agent, or any other person to provide assistance with an automated external defibrillator to a victim of a medical emergency.
i. Standard of care. Nothing contained in this section shall be deemed to affect the obligations or liability of emergency health providers pursuant to section 3000-b of the New York state public health law.
j. Exception. During such times as an owner or operator of a public place provides, at such public place, advanced life support by a physician, registered professional nurse or advanced emergency medical technician acting within his or her lawful scope of practice, or the use of automated external defibrillators by a physician, registered professional nurse, or advanced emergency medical technician acting within his or her lawful scope of practice, such provision shall be deemed to satisfy the requirements of subdivision b of this section, subject to rules of the department promulgated pursuant to subdivision f of this section. For purposes of this subdivision, advanced emergency medical technician shall mean an advanced emergency medical technician as defined in section three thousand one of the New York state public health law.
k. Training. At least one employee who is trained in the operation of an automated external defibrillator shall be present at the facilities of any pool under the jurisdiction of the department of parks and recreation during all hours of required supervision.
(Am. L.L. 2019/139, 7/27/2019, eff. 1/1/2020; Am. L.L. 2023/091, 7/9/2023, eff. 7/9/2023)
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