§ 17-165 Inspection and removal of articles.

   a.   An officer or employee of the department shall visit and inspect all stores and places within the city which are suspected of containing putrid or unsound provisions or other articles unfit for human consumption or use or likely to communicate disease to the inhabitants, and make and sign a report in writing stating the stores, places and articles so inspected and the nature, state and situation thereof and such officer's or employee's opinion in relation thereto. Such report shall be filed in an office of the department.

   b.   The department may by order direct the removal, to a place to be designated by it, of all things within the city which, in its opinion are unfit for human consumption or use or which shall be infected in any manner likely to communicate disease to the inhabitants.

   c.   Failure to comply with the provisions of this section shall constitute a misdemeanor, punishable by a fine of not exceeding two hundred fifty dollars, or imprisonment not exceeding six months, or both.

§ 17-166 Record of births, fetal deaths and deaths.

   a.   The department shall keep a record of the births, fetal deaths and deaths filed with it, the births, fetal deaths and deaths shall be numbered separately and recorded in the order in which they are respectively received.

   b.   There shall be no specific statement on the record or report of birth as to whether the child is born in or out of wedlock or as to the marital name or status of the mother.

   c.   It shall be unlawful to demand or receive any fees by reason of the duties imposed by this section.

   d.   The name of the putative father of a child born out of wedlock shall not be entered on the birth certificate by the person preparing the birth certificate without the putative father's consent in writing, duly verified by him and given to the physician, midwife or person acting as midwife who was in attendance upon the birth and filed with the hospital record of the birth, or, in the case of a birth in a place other than a hospital or on an ambulance service connected therewith, filed with the records of the physician, midwife or person acting as midwife who was in attendance upon the birth. In the event the consent in writing of the putative father is not given, particulars relating to the putative father, other than his name, may be entered.

   e.   The certificate of induced termination of pregnancy shall not, unless requested by the woman contain the name of the woman, her social security number or any other information which would permit her to be identified except as provided in this subdivision. The department shall develop a unique, confidential identifier to be used on the certificate of induced termination of pregnancy, to be used in connection with the exercise of the commissioner's authority to monitor the quality of care provided by any individual or entity licensed to perform an abortion in this state and to permit coordination of data concerning the medical history of the woman for purposes of conducting surveillance scientific studies and research.

§ 17-167 Supplemental birth records.

   a.   A new birth record shall be made whenever:

      1.   Proof is submitted to the department that the previously unwed parents of a person have intermarried subsequent to the birth of such person;

      2.   Notification is received by the department from the clerk of a court of competent jurisdiction or proof is submitted of a judgment, order or decree relating to the parentage of the person;

      3.   Notification is received by the department from the clerk of a court of competent jurisdiction or proof is submitted of a judgment, order or decree relating to the adoption of the person.

   b.   On every birth record made because of adoption, a notation that it is filed pursuant to paragraph three of subdivision a of this section of the code shall be entered.

   c.   When a new birth record is made the department shall substitute such new record for the birth record then on file. The department shall place the original birth record and the proof, notification and papers pertaining to the new birth record under seal. Seals shall not be broken except by order of a court of competent jurisdiction. Thereafter when a certified copy of the certificate of birth of such a person is issued, it shall be a copy of the new certificate of birth, except when an order of a court of competent jurisdiction shall require the issuance of a copy of the original certificate of birth and provided further however, that information contained in the original certificate of birth shall be divulged to the state commissioner of health pursuant to section forty-one hundred thirty-eight-c or forty-one hundred thirty-eight-d of the public health law.

§ 17-167.1 Sex designation on birth records.

   a.   For the purposes of this section, "x" means a designation used to indicate a sex that is not exclusively male or female.

   b.   The department shall make a new birth record when an applicant submits an application and supporting documentation pursuant to this subdivision and subdivision c of this section requesting the correction of sex designation to the applicant's birth record. Such application shall be made in a form or manner to be provided or approved by the department. If the department requests information, documentation or a copy of an acceptable current signed photographic identification, the department may not take into account the sex designation listed on such identification in reviewing such application.

   c.   An application made pursuant to subdivision b of this section shall be accompanied by a signed and notarized statement from the applicant requesting that the sex designation be changed to female, male, or x in order to conform to the applicant's gender identity.

   d.   In the event the applicant is less than 18 years old, an application made pursuant to subdivision b of this section requesting that the sex designation on the record be changed to female, male, or x to conform to the applicant's gender identity shall be made in a manner consistent with the requirements of section 207.05 of the New York city health code, or successor provision thereto.

(L.L. 2015/001, 1/8/2015, eff. 2/22/2015; Am. L.L. 2018/163, 10/9/2018, eff. 1/1/2019)

§ 17-167.2 Report and advisory board on gender marker change requirement. [Repealed]

(L.L. 2015/002, 1/8/2015, eff. 2/22/2015)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/002.

§ 17-168 Certificate of registration of birth.

Within ten days after the receipt of the report of any birth, the department shall furnish, without charge, to the parents or guardian of the child or to the mother at the address designated by her for the purpose, a certificate of registration of birth. Such certificate of registration shall be issued on forms furnished by the department.