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a. Any corporation of government, the expenses of which are paid in whole or in part from the city treasury, which provides health and medical services and operates health facilities and which is authorized to employ special officers having peace officer status as defined in New York Criminal Procedure Law §2.10(40), shall utilize peace officers appointed pursuant to said subdivision to perform the duties of special officer, senior special officer and hospital security officer. The commissioner of the department of health and mental hygiene shall enforce this requirement.
b. Any person, including but not limited to any labor organization, claiming to be aggrieved by a violation of subdivision a of this section shall have a cause of action in any court of competent jurisdiction for damages, including punitive damages, and for injunctive relief and such other remedies as may be appropriate.
a. The department shall develop a pamphlet containing information regarding the availability of public health insurance programs. At a minimum, such pamphlet shall include: (i) the name and a brief description of each public health insurance program available to New York city residents; and (ii) appropriate telephone numbers to obtain enrollment information for such programs. Such pamphlet shall be produced annually and shall be printed in multiple languages, including, but not limited to, English, Spanish, Chinese, Russian, Yiddish, Korean, and Haitian-Creole, and shall be made available to any member of the public upon request.
b. The department shall ensure that pamphlets on public health insurance program options are provided to all day care centers in sufficient quantity to enable such day care centers to satisfy the requirements of section 1069.1 of the New York city charter. For the purposes of this subdivision, "day care center" shall mean any child day care facility operating in New York city that is required to obtain a license from, or to register with, the department pursuant to section 47.05 of the New York city health code and/or the New York state department of social services pursuant to section 390 of the New York state social services law.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/001.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Emergency contraception. The term "emergency contraception" means one or more medications, used separately or in combination, to be administered to or self-administered by a patient in a dosage and manner intended to prevent pregnancy when used within a medically recommended amount of time following unprotected or inadequately protected vaginal receptive sexual intercourse and dispensed for that purpose in accordance with professional standards of practice, and which has been found safe and effective for such use by the United States food and drug administration.
Long-acting reversible contraception. The term "long-acting reversible contraception" means one or more reversible contraceptive methods, including, but not limited to, intrauterine devices and subdermal contraceptive implants, to be inserted or removed by trained clinicians in accordance with accepted standards of medical practice, in a manner intended to prevent pregnancy for an extended period of time without user action, and which has been found safe and effective for such use by the United States food and drug administration.
b. Availability. The department shall make available non-surgical contraception which has been found safe and effective for such use by the United States food and drug administration, emergency contraception, and long-acting reversible contraception, to all patients served by health centers, health stations, health clinics or other health facilities operated or maintained by the department which also offer services relating to the diagnosis and treatment of sexually transmitted infections. The department shall provide information on free or low-cost access to the administration, insertion, and removal of long-acting reversible contraception methods. Timely referrals will be provided to such health centers, health stations, health clinics, or other health facilities which offer long-acting reversible contraception, as well as to qualified family planning providers, if needed, for other services.
c. Cultural sensitivity training. The department shall annually offer training to all employees of health centers, health stations, health clinics, and other health facilities maintained by the department which also offer services relating to the diagnosis and treatment of sexually transmitted infections. The training should include, but not be limited to:
1. The history of the provision of long-acting contraceptive, including the history of sterilization abuse;
2. Comprehensive, scientifically accurate information about the full range of contraceptive options in a medically ethical and culturally sensitive manner; and
3. Implicit and explicit biases which can result in the harm of a patient, particularly those which can impede the fair and equal treatment of all patients.
(Am. L.L. 2022/009, 1/9/2022, eff. 1/9/2023)
a. Subject to sufficient appropriations to meet the requirements of this subdivision, the department shall make available medication approved by the United States food and drug administration for medication abortion at no cost to a patient at health clinics operated by the department where services relating to sexual health are offered and where the department determines making such medication available would be appropriate for the patient population served by such clinic. At such clinics, the department shall make medication for medication abortion available to a patient who seeks to terminate a pregnancy when the use of such medication is indicated and in accordance with the medically reasonable and good faith professional judgment of such patient's medical provider.
b. The department shall provide counseling and timely referrals to other health facilities and family planning providers in accordance with the assessment of the needs of a patient by the department.
c. Nothing in this section shall require the department to provide to a patient any medication that the department or a medical provider providing services in a health clinic described in subdivision a of this section does not find to be indicated in such provider's professional judgment. Nor shall anything in this section prevent the department from offering any other service not described in this section at any location where it provides medical care.
d. Nothing in this section shall create a private right of action, nor be the basis of a claim of medical malpractice against the department or against any medical provider providing services in a health clinic described in subdivision a of this section.
(L.L. 2022/078, 8/12/2022, eff. 8/12/2023)
a. Definitions. For the purposes of this section, the term “rapid testing” means testing for chlamydia, gonorrhea, or HIV that produces results in the same day.
b. Availability. The department shall make rapid testing available at sites in at least 4 boroughs. Three such sites shall be operational by February 15, 2026, and the fourth such site shall be operational by February 15, 2027. In determining the location of rapid testing sites, the department shall consider community and geographic factors including rates of sexually transmitted infections, availability of other testing services, social determinants of health, including, but not limited to, race, ethnicity, sexual orientation, and gender identity, and other factors the department deems relevant. Within 30 days of determining each such location, the commissioner shall notify in writing the mayor and speaker of the council of the considerations that went into such determination.
c. Outreach. Upon the establishment of any rapid testing site required pursuant to subdivision b of this section, the department shall consult or partner with relevant community-based organizations and shall conduct an education campaign in English and the designated citywide languages as defined in section 23-1101 to inform communities of the locations and availability of rapid testing services. In determining relevant community-based organizations to consult or partner with, the department shall consider community and geographic factors including rates of sexually transmitted infections, availability of other testing services, social determinants of health, including, but not limited to, race, ethnicity, sexual orientation, and gender identity, and other factors the department deems relevant.
d. Disclaimer. Nothing in this section shall require the department to provide rapid testing services to a patient for whom the department or the medical provider administering such services does not find such rapid testing to be clinically appropriate.
(L.L. 2024/084, 8/17/2024, eff. 8/17/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/084.
The department shall promulgate rules requiring the department to respond to complaints regarding unsafe lead-based paint work practices.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/001.
a. The department shall develop a brochure which, at a minimum, advises all appropriate medical providers of their obligations to screen and test children for lead poisoning according to all relevant federal, state and local laws, rules and regulations. Such pamphlet shall be distributed to all appropriate medical providers on an annual basis, starting on September 15, 2004.
b. The department shall develop a pamphlet regarding lead poisoning prevention in children. Such pamphlet shall, at a minimum, be printed in English and Spanish and shall include, at a minimum: (i) the manner in which children are most likely poisoned by lead; (ii) the effects of lead poisoning on a child's health; (iii) the intervals at which a child is required by New York state law to be tested for blood lead levels; (iv) the appropriate telephone numbers to obtain lead poisoning screening, diagnosis and treatment information; (v) the steps a parent or guardian may take to protect his or her child from lead poisoning; and (vi) the requirement of landlords to inspect and repair lead-based paint hazards.
c. At a minimum, the department shall distribute the pamphlet produced pursuant to paragraph b of this section with each birth certificate furnished to the parent or guardian of a child pursuant to section 17-168 of this title. Such pamphlet shall also be made available to any member of the public upon request.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/001.
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