§ 17-170 Records of births, deaths and marriages on file with the department and the clerk of the county of Kings; transfer to the department of general services; certification.

   a.   The department and the clerk of the county of Kings are authorized to transfer to and the department of general services is authorized to receive all original records of births, deaths and marriages filed prior to the year eighteen hundred sixty-six with the department or the office of the city inspector or any such records transferred to the clerk of the county of Kings together with the indexes to such records and the department of general services shall file and maintain such records as public records.

   b.   Original records of births, deaths, and fetal deaths filed with the department or the office of the city inspector subsequent to the year eighteen hundred sixty-five and the indexes to such records shall be transferred by the department to the department of records and information services at such times as the board of health shall determine; said records shall be filed and maintained by the department of records and information services as public records.

   c.   Upon the transfer of such records the commissioner of the department of records and information services shall have the authority to issue upon request certified copies of or extracts from such records.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.

§ 17-171 Records of marriages on file with the department of health and mental hygiene; transfer to the city clerk; certification.

   a.   The department is authorized to transfer to and the city clerk of the city of New York is authorized to receive and maintain all original records of marriages filed with the department or the office of the city inspector subsequent to the year eighteen hundred sixty-six together with the indexes to such records.

   b.   Upon the transfer of such records the city clerk of the city of New York shall have the authority to issue upon request certified copies of or extracts from such records.

   c.   Any copy or extract of the record of marriage, when properly certified by the city clerk or his or her deputy duly authorized to act for such city clerk, shall be prima facie evidence of the facts therein stated, in all courts, and places, and in all actions, proceedings or applications, judicial, administrative or otherwise, and any such certificate of marriage shall be accepted with the same force and effect with respect to the facts therein stated as the original marriage record or a certified copy thereof.

§ 17-172 Dislodging food from person choking; poster.

   a.   Every establishment where food is sold and space is designated specifically as eating areas shall have posted in a conspicuous place, easily accessible to all employees and customers, a sign graphically depicting the Heimlich Maneuver or a comparable technique instructing on how to dislodge food from a choking person. Such sign shall be drafted and printed by the department.

   b.   No duty to act. Nothing contained in this section shall impose any duty or obligation on any proprietor, employee or other person to remove, assist in removing, or attempt to remove food from the throat of the victim of a choking emergency.

   c.   Fees. The department shall make signs available at no cost to such an establishment.

(Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)

§ 17-173 Dangers of consuming alcoholic beverages during pregnancy; warning sign.

   a.   For the purposes of this section, the following terms shall be defined and applied as follows:

      1.   "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine and beer.

      2.   "Vendor" means any person who owns or operates a business establishment such as a bar or restaurant, which sells at retail any alcoholic beverages for on-premises consumption; and any person who owns or operates a liquor store, or any other business establishment which has as its primary purpose, the retail sale of alcoholic beverages.

   b.   All vendors of alcoholic beverages shall have posted, in a conspicuous place, a sign which clearly reads, "Warning: Drinking alcoholic beverages during pregnancy can cause birth defects."

   c.   The department shall make such warning signs available to vendors of alcoholic beverages, and shall promulgate regulations with respect to the posting of said signs. A fee may be charged by the department to cover printing, postage and handling expenses.

   d.   Any violation of the provisions of this section or any of the regulations promulgated hereunder, shall be prosecuted as a civil violation subject to a penalty of a sum ranging from zero to not more than one hundred dollars. A civil violation under this section, shall be adjudicated before the administrative tribunal of the department.

§ 17-174 Provision of interpretation services in hospitals.

The board shall require the immediate provision of interpretation services for non-English speaking residents in all hospital emergency rooms located in New York City, when such non-English speaking residents comprise at least ten percent of the patient population of the service area of a particular hospital.

§ 17-174.1 [Language access services for abortion providers.]

   a.   Definitions. For purposes of this section, the following terms have the following meanings:

      Abortion. The term "abortion" means (i) a procedure to terminate a pregnancy for purposes other than producing a live birth, including, but not limited to, a termination using pharmacological agents, and (ii) any services related to such procedure, including, but not limited to, any counseling before and after such procedure.

      Abortion provider. The term "abortion provider" means a person who provides abortion procedures in accordance with New York state law, including, but not limited to, a hospital or a licensed medical provider.

      Designated citywide languages. The term "designated citywide languages" has the same meaning as such term is defined in section 23-1101.

      Healthcare provider. The term "healthcare provider" means a person who provides healthcare procedures in the city in accordance with New York state law, including, but not limited to, a hospital or a licensed medical provider.

      Language access services. The term "language access services" means services provided in order to convey information to, or facilitate communication with, an individual whose preferred language is not English, and may include, but need not be limited to, interpretation services, translation services or communication by a person who is fluent in both English and the non-English speaker's preferred language.

   b.   Online abortion resource. No later than March 1, 2023, the department shall post on its website, and update as appropriate, information and resources for a potential patient of an abortion provider, which shall include, but need not be limited to, information outlining methods used to provide an abortion, attendant health risks and recovery from an abortion. Such information and resources shall be translated into the designated citywide languages.

   c.   Language access services needs assessment. No later than July 1, 2023, the department shall survey abortion providers in the city to assess the availability of language access services for abortion and the demand for such services. Such needs assessment shall include, but need not be limited to, a survey of:

      1.   Language access services used in connection with providing abortions;

      2.   Preferred methods for delivery of language access services used in connection with providing abortions;

      3.   Public and private funding for language access services used in connection with providing abortions; and

      4.   Implementation challenges with language access services used in connection with providing abortions.

   d.   Language access services needs report. No later than 30 days after completion of the needs assessment required by subdivision c of this section, the department shall submit a report to the mayor and the speaker of the council with recommendations resulting from such needs assessment and shall post such report on its website. Such report shall include, but not be limited to, the following information:

      1.   A summary of the findings of such needs assessment;

      2.   Recommendations for language access services based on such findings;

      3.   In consultation with the mayor's office of immigrant affairs, recommended best practices for language access services and for identifying providers of language access services; and

      4.   An assessment of actions the city could take to assist abortion providers with access to language access services, including, but not limited to, the practicability of providing grants to abortion providers to assist in such access, and methods of connecting abortion providers with healthcare providers that have implemented language access services.

(L.L. 2022/093, 10/15/2022, eff. 2/12/2023)

§ 17-175 Waste reduction study.

   a.   The department shall, within six months of the effective date of this section, complete a study of the feasibility of reducing the amount of medical waste and other solid waste generated by any person licensed by the city or state of New York to provide health, medical, pharmaceutical or laboratory services. The study shall include, but not to be limited to, an analysis of:

      1.   the feasibility of switching from the use of disposable to reusable medical equipment, laboratory equipment, clothing, food service equipment and any other product for which there is a reusable substitute;

      2.   availability of reusable medical equipment, laboratory equipment, clothing, food service equipment and any other product for which there is a reusable substitute;

      3.   the historical shift from the use of reusable to disposable products;

      4.   the current composition of medical and other solid waste generated by hospitals and other health care facilities;

      5.   the present and future cost of using reusable products compared to the cost of using disposable products, including the costs associated with substituting products and any special physical needs, such as space requirements or new equipment;

      6.   the effects of waste reduction on hospital costs and the city's economy;

      7.   the environmental impacts of an increased use of reusable products compared to the continued incineration and landfilling of disposable products, both on and off-site of the generating facility; and

      8.   all relevant federal, state and local legislation and regulations.

   b.   The study shall also include a comprehensive waste reduction plan for medical waste and other solid waste generated by any person licensed by the city or state of New York to provide health, medical, pharmaceutical or laboratory services that shall include annual waste reduction goals for the next five years, a strategy for implementing such goals, a list of reusable materials and products that can be substituted for disposable materials and products where feasible, and any revisions to the city health code that are necessary to implement the waste reduction plan.

   c.   The commissioner shall, within six months of the effective date of this section, submit to the council a report on the findings of such study and any recommendations as to legislation or regulations that are necessary to implement the recommendations of the study.