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a. Upon request the department shall issue a certified copy of the birth record or a certification of birth under the following conditions:
1. A certified copy of the record of birth shall be issued only upon order of a court of competent jurisdiction or, if the person for whom the record of birth relates is still living, upon a specific request therefor by the person, if eighteen years of age or more, or by a parent or to the legal representative of the person to whom the record of birth relates or by an attorney of law authorized in writing by the person if of the age of eighteen years or over to whom the record of birth relates. If the person for whom the record of birth relates is deceased, the department may allow family members of that person to have access to a certified copy of the record of birth. The department may issue a certified copy of a birth record of any person for official use upon the request of a department, agency, or officer of any state government or subdivision thereof or the United States government.
2. Upon request in all other cases, a certification of birth shall be issued by the department unless it does not appear to be necessary or required for a proper purpose. A certification of birth shall contain only the name, sex, date of birth and place of birth and date of filing in the department of the original certificate of birth of the person to whom it relates, and if upon request by, or on behalf of the person to whom it relates, or by a parent or legal representative of such person, the name or names of the parent or parents listed on the original certificate of birth, and none of the other data on the record of birth. Whenever a certification of birth may be issued, the department may, upon request, issue a wallet-size certification of birth, in a form and bearing a design provided by the department. Each applicant for a wallet-size certification of birth shall remit to the department with such application, a fee determined by the department.
3. When the license to practice medicine of an attending physician listed on a given birth record has been surrendered or revoked by the New York state office of professional medical conduct, then upon request by either (i) the person whose birth the record documents, if eighteen years of age or older, or that person's legal representative or (ii) the parent or legal representative of a person under the age of eighteen whose birth the record documents, the department shall issue a certified copy of the birth record with the identity of such physician redacted. Such request shall be made in the form or manner to be provided or approved by the department. Nothing in this paragraph requires a court order.
b. A transcript of a record of fetal death, or death, upon such forms as the department shall prescribe, shall be issued upon request unless it does not appear to be necessary or required for a proper purpose. The board may prescribe reasonable fees for searches made of records of birth, fetal death, or death, and the usual fees for copies of records to be paid for certifications of birth and for transcripts of records of birth, fetal death, or death, and in what cases the payment of fees may be waived.
c. The United States department of health and human services may obtain, without expense to the city, transcripts of records of birth, fetal deaths and deaths without payment of fees here prescribed for use solely as statistical data. Any copy of the record of a birth, fetal death, or death, or any certificate of registration of birth, or certification of birth, when properly certified by the commissioner or persons authorized to act for such commissioner, 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 registration of birth or certification of birth shall be accepted with the same force and effect with respect to the facts therein stated as the original birth record or a certified copy thereof.
d. Notwithstanding any other provision of law, any person born in the city of New York being released from a New York state correctional facility shall, prior to release, be provided by the department, at no cost to such person, a certified copy of his or her birth certificate to be used for any lawful purpose; provided that such person has requested a copy of his or her birth certificate at least ninety days prior to his or her release, from the (a) department, or (b) New York state department of correctional services and the New York state department of correctional services has submitted such request to the department. No person shall receive more than one birth certificate without charge pursuant to this subdivision.
e. The department, in accordance with the authorization in section 207.13 of the New York city health code to waive any fee to correct a transcript of a record of death for good cause, shall not charge a fee for an amendment of such a transcript that would change or supplement the cause of death by citing the disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) known as COVID-19, or to health complications related thereto.
(Am. L.L. 2018/163, 10/9/2018, eff. 1/1/2019; Am. L.L. 2019/080, 4/28/2019, eff. 1/1/2020; Am. L.L. 2021/139, 11/21/2021, eff. 11/21/2021)
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.
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.
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)
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.
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.
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)
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.
a. Definitions. For purposes of this section:
(1) "Distribute" means to give, sell, deliver, offer to give, sell or deliver, or cause or hire any person to give, sell, deliver or offer to give, sell or deliver.
(2) "Less than basic cost" means free of charge, a nominal or discount price, or any other price less than the distributor's cost, to which shall be added the full value of any stamps or taxes which may be required by law.
(3) "Person" means any natural person, corporation, partnership, firm, organization or other legal entity.
(4) "Public event" means any event to which the general public is invited or permitted, including but not limited to musical concerts or performances, athletic competitions, public fairs, carnivals, flea markets, bazaars and artistic or cultural performances or exhibitions. A private function such as a wedding, party, testimonial dinner or other similar gathering in which the seating arrangements are under the control of the organizer or sponsor of the event, and not the person who owns, manages, operates or otherwise controls the use of the place in which the function is held, is not a public event within the meaning of this paragraph.
(5) "Public place" means any area to which the general public is invited or permitted, including but not limited to parks, streets, sidewalks or pedestrian concourses, sports arenas, pavilions, gymnasiums, public malls and property owned, occupied or operated by the city of New York or an agency thereof.
(6) "Tobacco product" means any product which contains tobacco that is intended for human consumption, including any component, part, or accessory of such product. Tobacco product shall include, but not be limited to, any cigar, little cigar, chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi, snuff, tobacco-containing shisha, or dissolvable tobacco product. Tobacco product shall not include cigarettes, electronic cigarettes or e-liquid or any product that has been approved by the United States food and drug administration for sale as a tobacco use cessation product or for other medical purposes and that is being marketed and sold solely for such purposes.
b. Distribution of tobacco products to the general public at less than basic cost prohibited in public places and at public events. No persons shall distribute a tobacco product for commercial purposes at less than the basic cost of such product to members of the general public in public places or at public events.
c. [Reserved.]
d. Penalties.
(1) Any person found to be in violation of this section shall be guilty of a misdemeanor and liable for a civil penalty of not more than five hundred dollars for the first violation and not more than one thousand dollars for the second and each subsequent violation.
(2) A proceeding to recover any civil penalty authorized pursuant to the provisions of this section shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal established by the board of health or to any body succeeding the administrative tribunal. Such tribunal or its successor shall have the power to impose the civil penalties prescribed by this section.
(3) The corporation counsel may make an application to the supreme court for an order restraining the continued violation of this section or enjoining the future commission of such practice.
(Am. L.L. 2019/228, 12/16/2019, eff. 7/1/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/027, L.L. 2013/097 and L.L. 2019/228.
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