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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)
The department shall post in a conspicuous location on the department’s website in English and in each of the designated citywide languages, as defined in section 23-1101, information on free adult, child, and infant cardiopulmonary resuscitation courses open to the public. Such information shall include the location, date, and time of such courses. The department shall perform outreach as necessary to identify courses that are open to the public and the location, date, and time of such courses. Such information shall be updated at least annually.
(L.L. 2023/094, 7/9/2023, eff. 7/9/2023)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Blood pressure machine. The term “blood pressure machine” means an automated machine that provides for self-administered testing and measurement of an individual’s blood pressure and expresses that measurement as 2 numbers indicating a systolic pressure over a diastolic pressure.
Public place. The term “public place” means a location accessible to the public, and includes, but is not limited to, a place of worship, a local business that requests a blood pressure machine, a pharmacy, a healthcare organization, a community center, a community-based organization, or a nonprofit organization.
High-need area. The term “high-need area” means an area of the city determined by the department to warrant the placement of a blood pressure machine based on relevant social determinants of health such as high rates of hypertension.
b. No later than January 1, 2024, the department shall post on the department’s website in plain language public places in the city where blood pressure machines are known or reported to be located, and instructions on the use and operations of such blood pressure machines. Such information shall be provided in the designated citywide languages, as defined in section 23-1101, and shall be updated at least annually. The department shall post a form on the department’s website for a public place to report the placement of a blood pressure machine.
c. No later than January 1, 2024, the department shall provide a report to the speaker of the council on the location of all blood pressure machines in public places and provide recommendations on locations in high-need areas in which blood pressure machines should be placed.
d. No later than January 1, 2024, and subject to appropriation, the department shall support making at-home blood pressure machines available at no cost to the public at federally qualified health centers in 5 high-need areas. The department shall post the locations of such federally qualified health centers on its website in plain language and in the designated citywide languages as defined in section 23-1101.
(L.L. 2023/097, 7/9/2023, eff. 1/5/2024)
a. For purposes of this section, the following terms shall have the following meanings:
1. "Candy products containing lead" shall mean any confection containing lead which the department, pursuant to rules promulgated hereunder, determines to present a risk to public health or a nuisance as defined in § 17-142 of this code.
2. "Litargirio" shall mean any powder containing lead intended for sale for personal use, including, but not limited to, use as an antiperspirant, deodorant, foot fungicide or as a treatment for burns and wounds.
3. "Person" shall mean any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association or other entity or business organization.
b. No person shall sell or offer for sale, or cause any person to sell or offer for sale, candy products containing lead or products containing litargirio.
c. Violations and penalties.
1. Any person who violates any provision of this section shall be liable for a civil penalty not to exceed two hundred and fifty dollars for each violation, provided that for a first such violation, such person may be issued a written warning in lieu of such civil penalty. Notwithstanding any provision of law to the contrary, any person who intentionally or knowingly violates any provision of this section shall be guilty of a misdemeanor punishable by a fine of not more than two hundred and fifty dollars for each violation and/or a prison term of not more than six months, and a civil penalty of not more than two hundred and fifty dollars for each violation.
d. Enforcement. The department and the department of consumer and worker protection shall enforce the provisions of this section. A proceeding to recover any civil penalty authorized pursuant to subdivision c of this section shall be commenced by the service of a notice of violation returnable to the administrative tribunal established by the board of health where the department issues such a notice or, where the department of consumer and worker protection issues such a notice, to any tribunal established within the office of administrative trials and hearings. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged. The administrative tribunal of the board of health and tribunals established within the office of administrative trials and hearings shall have the power to render decisions and to impose the remedies and penalties provided for in subdivision c of this section, in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings.
e. Rules. The commissioner shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this section.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/049 and L.L. 2020/080.
a. Definitions. For the purposes of this section, the following terms shall be defined as follows:
1. "Homeless person" means a person who at the time of death did not have a known street address of a residence at which he or she was known or reasonably believed to have resided.
2. "Homeless shelter resident" means a person who at the time of death lived in a homeless shelter as defined in paragraph 3 of this subdivision.
3. "Homeless shelter" means (i) a residence operated by or on behalf of the department of homeless services; (ii) an emergency residence operated by or on behalf of the department of social services/human resources administration which is available primarily for homeless persons with HIV or AIDS related illness; or (iii) a residence operated by or on behalf of the department of housing preservation and development to the extent that such residence houses clients of the department of homeless services; provided, however, that such term shall not include any residence that is available primarily for battered women.
b. Annual report regarding deaths of homeless persons and homeless shelter residents.
1. The department shall, by January first, April first, July first and October first of each year collect information as necessary to comply with the provisions of paragraph 3 of this subdivision regarding the incidence of deaths of homeless persons and homeless shelter residents during the quarter year which began on the first day of the sixth month preceding the month by which the information is required to be collected.
2. In addition to the collection of quarterly information required pursuant to this subdivision, the department shall, subject to paragraph 4 of this subdivision, submit an annual report to the council and the mayor by January fifteenth of each year, (i) summarizing and aggregating, as well as updating and amending if necessary, the information collected in the immediately preceding four quarter years for which information was collected pursuant to paragraph 1 of this subdivision; and (ii) indicating the causes of death for all deaths in such report disaggregated by cause, including, but not limited to, how many such deaths were related to exposure to outdoor conditions.
3. Such report shall also include, at a minimum, (i) the number of homeless persons who died during the preceding year, disaggregated by month, for whom there was an investigation by the office of chief medical examiner as required pursuant to section 557 of the charter, the number of homeless shelter residents who died during the preceding year, disaggregated by month, and, to the extent such information is readily available, the number of other homeless persons who died during the preceding year, disaggregated by month; (ii) the community board district where each such decedent died, disaggregated within each such district by whether the death occurred outdoors, in a hospital, in a nursing home and/or other residential health care facility, in a homeless shelter, or, to the extent such information is available, in another facility, residence or other type of location, provided, however, that the location of decedents who died in a residence operated by or on behalf of the department of social services/human resources administration which is available primarily for homeless persons with HIV or AIDS related illness shall be provided by borough; (iii) an indication as to whether the decedent was known to be living in a homeless shelter at the time of death and the community board district in which such homeless shelter is located, provided, however, that the location of the residence of decedents known to be living in a homeless shelter operated by or on behalf of the department of social services/human resources administration which is available primarily for homeless persons with HIV or AIDS related illness shall be provided by borough; and (iv) the age or approximate age and gender of each such decedent; provided, however, that in cases where the identity of a decedent is unknown or in cases where it is unknown whether such decedent was a homeless person or a homeless shelter resident, the department shall provide the information required by this paragraph during the year that such information becomes available, as well as the date or approximate date such death occurred.
4. The department may withhold information from an annual report about an individual decedent otherwise required pursuant to this subdivision to the extent that such withholding is necessary to avoid disclosing the identity of such decedent, provided that the department shall specify when such information is withheld and shall report all other information about such decedent that will not reveal the identity of such decedent.
5. In each annual report required pursuant to this subdivision, the department shall describe the methodologies used to identify homeless persons and homeless shelter residents and provide an analysis of the reliability and validity of such methodologies.
6. The quarterly information and annual reports required pursuant to this subdivision shall be made available to any member of the public upon request.
c. Rules. The department after public hearings shall promulgate such rules as are necessary to implement the provisions of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/063 and L.L. 2012/007.
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