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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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