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a. Definitions. For the purposes of this section, the following terms have the following meanings:
Cause a performance. The term "cause a performance" means to be financially or operationally responsible for the management of a performance, or to officially or financially sponsor a performance.
Circus. The term "circus" means any live show or carnival which, along with clown, acrobatic, or stunt performances, features performances by live wild or exotic animals that, in order to be able to perform, have traveled in mobile housing facilities or were taken from their permanent residence and required to travel for any distance.
Companion animal. The term "companion animal" means any domesticated animal normally maintained in or near the household of the owner or person who cares for such animal. The term "companion animal" does not include farm animals or animals that cannot be sold, given, possessed, harbored, kept or yarded pursuant to paragraph (1) of subdivision (a) of section 161.01 of the New York city health code.
Farm animal. The term "farm animal" means poultry, sheep, swine, goats, donkeys, mules, horses, alpacas, llamas, camels, or any species of cattle.
Wild or exotic animal. The term "wild or exotic animal" means any animal, other than a companion animal or farm animal, from any of the following superorders, orders, classes, families or clades, or any hybrid of any such animal, including a hybrid with a companion animal or farm animal:
1. Artiodactyla (including hippopotamuses and giraffes);
2. Canidae (including wolves, foxes and jackals);
3. Cetacea (including whales and dolphins);
4. Crocodilia (including alligators and crocodiles);
5. Elephantidae (elephants);
6. Felidae (including tigers, lions, jaguars and leopards);
7. Hyaenidae (hyenas);
8. Kangaroos;
9. Non-human primates (including apes, monkeys and lemurs);
10. Perissodactyla (including rhinoceroses, tapirs and zebras);
11. Pinnipedia (including seals, sea lions and walruses);
12. Struthio (ostriches); and
13. Ursidae (bears).
b. Prohibited acts. It shall be unlawful for any person to cause a performance of any wild or exotic animal that is part of a circus.
c. Enforcement. Any authorized employee, officer, or agent of the department or any other city agency designated by the mayor may enforce the provisions of this section or any rule promulgated thereunder.
d. Rules. The commissioner may promulgate rules as may be necessary for the purpose of carrying out this section.
e. Violation and penalties. Any person who violates subdivision b of this section or any rule promulgated thereunder shall be liable for a civil penalty not to exceed $2,500 for each violation recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings; except that for a first such violation and other violations of subdivision b occurring on the same day, such person shall be liable for a civil penalty not to exceed $1,000 for each violation recoverable in a proceeding before any such tribunal. Each performance of an individual wild or exotic animal constitutes a separate violation of this section.
f. Other laws not affected. Nothing in this section shall be construed to affect any other protections or prohibitions related to animals pursuant to any other provision of law.
(L.L. 2017/118, 7/22/2017, eff. 10/1/2018; Am. L.L. 2017/138, 8/20/2017, eff. 8/20/2017; Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/118.
On or before September 30 of two thousand sixteen and each year thereafter, the department shall submit an annual report to the speaker of the council and the mayor detailing the department's efforts to identify and prevent the spread of hepatitis B and hepatitis C during the preceding calendar year.
a. Such annual report shall, at minimum, provide separate data on hepatitis B and hepatitis C, disaggregated by disease where applicable, including:
(i) the number of persons newly reported to the department with hepatitis B and hepatitis C infections;
(ii) the prevalence of diagnosed cases;
(iii) the top five causes of hepatitis B and hepatitis C infections in newly reported cases to the department where a cause is indicated;
(iv) the demographic information, including age, gender, zip code or other neighborhood-level designation, borough and, in cases where data is available, country of birth, of persons infected with hepatitis B and persons infected with hepatitis C;
(v) the demographic information, including, to the extent available, age, gender, zip code or other neighborhood-level designation, borough, race, ethnicity and national origin of persons infected with hepatitis B and of persons infected with hepatitis C who receive care or treatment in a program operated or contracted by the department or which receives funding from the council. The department shall also report any such information provided to it by the New York city health and hospitals corporation;
(vi) the number of deaths where hepatitis B and the number of deaths where hepatitis C is listed as the immediate cause of death or the immediate or underlying cause of death on a person's medical certificate of death, and the number of deaths where hepatitis B, hepatitis C or liver cancer is listed as a significant condition contributing to death on a person's medical certificate of death;
(vii) the number of new liver cancers diagnosed;
(viii) the number of new liver cancers diagnosed for which it has been reported to the department that the person also has hepatitis B or hepatitis C, provided, however, that the department is able to obtain the requisite information from the New York state department of health in order to complete such reporting;
(ix) in cases of hepatitis B or hepatitis C diagnosed in a viral hepatitis program operated or contracted by the department or which receives funding from the council, the number of persons linked to care; the number of persons evaluated for treatment; the number of persons who have started treatment; and the number of persons who have completed treatment. The department shall also report any such information provided to it by the New York city health and hospitals corporation;
(x) the number of hepatitis B vaccine doses given and three-dose series completed for hepatitis B for persons who receive care or treatment in a program operated or contracted by the department, including those for whom care or treatment is provided by sites that are contracted to provide department-provided hepatitis B vaccine and those for whom care or treatment is provided by entities that voluntarily provide such information to the department, and the number of hepatitis B vaccine doses given and three-dose series completed for hepatitis B for children;
(xi) the number of pregnant women with hepatitis B including their race, ethnicity and geographic region of birth;
(xii) funding for the previous fiscal year allocated and used specifically on hepatitis B and hepatitis C related programs through both full time equivalent staff and from grants or funding to non-governmental organizations; and
(xiii) a description and list of community outreach efforts targeting hepatitis B and hepatitis C. Provided, however, that the information in paragraph (i) of this subdivision shall be provided every two years beginning in the second year of reporting, the information in paragraphs (ii) and (viii) of this subdivision shall be provided every five years beginning in the second year of reporting and the information in paragraph (vi) of this subdivision shall be provided every three years beginning in the second year of reporting.
b. In addition to any other data the department may deem relevant, such report shall include:
(i) a list of programs and measurable outcomes of such programs, relating to hepatitis B and hepatitis C, including, but not limited to, those programs provided through the department's perinatal hepatitis B prevention program; and
(ii) identification of best practices in programs and/or strategies that could be implemented by the department, non-governmental organizations or other state or federal entities that effectively address hepatitis B and hepatitis C prevention, treatment, care, outreach and education.
c. The annual reports required pursuant to this section as well as any materials distributed by the department in conjunction with programs or initiatives involving hepatitis B and C shall be made available on the department's website and to any member of the public upon request.
d. Information required by this section shall be reported in a manner consistent with the requirements of section 11.11(a)(2) of the New York city health code, or successor provision thereto.
(L.L. 2015/043, 5/18/2015, eff. 5/18/2015)
a. The department shall submit to the mayor and the speaker of the council no later than July 15, 2015, and every three months thereafter, a report regarding the medical and mental health services provided to incarcerated individuals in city correctional facilities during the previous three calendar months that includes, but need not be limited to:
(i) performance indicators reported to the department by any entity providing such services;
(ii) a description of the methodology used in measuring such performance;
(iii) the metrics utilized to determine whether such performance measures meet targets established by the department and any entity providing such services;
(iv) the results of such determinations; and
(v) any actions that the department has taken or plans to take in response to the data reported, including the imposition of liquidated damages.
b. The report required by subdivision a of this section shall also be posted on the department's website, with the data in such report posted in a non-proprietary searchable machine-readable format, and shall be maintained on such website for no fewer than ten years.
c. If no such performance indicators relating to (i) intake, (ii) follow-up care, (iii) patient safety, (iv) preventable hospitalizations, or (v) preventable errors in medical care, are reported to the department, the department shall include performance data relating to such indicators as a part of the report required by subdivision a of this section.
d. Notwithstanding any other requirement of this section, personally identifiable information contained in health records shall not be included in the report required by subdivision a of this section if such disclosure of such information would violate any federal, state or local law or regulation.
(L.L. 2015/058, 6/16/2015, eff. 6/16/2015; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
a. Definitions. For the purposes of this section, "lactation room" means a sanitary place, other than a restroom, that can be used to express breast milk shielded from view and free from intrusion and that includes at minimum an electrical outlet, a chair, a surface on which to place a breast pump and other personal items, and nearby access to running water.
b. Every job center, SNAP center, or medical assistance program center of the department of social services/human resources administration; city-owned borough office of the administration for children's services and the Nicholas Scoppetta children's center; and health center operated or maintained by the department shall, where practicable, make at least one lactation room available upon request to an individual utilizing on-site services. The presence of such a lactation room shall not affect such an individual's right to breastfeed in public pursuant to article 7 of the civil rights law.
c. Every city jail operated by the department of correction that accepts visitors and precinct operated by the police department shall, where practicable in a publicly-accessible and non-secure area, and provided that the functions of the department of correction or police department will not be materially affected, make at least one lactation room available upon request to an individual utilizing on-site services. The department of correction and the police department shall submit to the speaker of the council (i) on or before August 1, 2019, a report in a machine-readable format providing each such city jail and precinct where such department has determined that it is not practicable to make a lactation room available in accordance with this subdivision, along with an explanation for why it is not practicable, disaggregated by building, and (ii) on or before every August 1 thereafter, information regarding any plans to improve access to or provide for lactation rooms. The presence of such a lactation room shall not affect such an individual's right to breastfeed in public pursuant to article 7 of the civil rights law.
d. The department shall create a poster containing information on breast-feeding, an individual's right to nurse in public, and the availability of lactation rooms pursuant to this section. Such poster shall be made available on the department's website, shall be displayed in any lactation room required to be made available pursuant to this section, and shall be displayed in a clear and conspicuous manner in the waiting room of any public space where a lactation room is required to be made available pursuant to this section. No later than one year after the effective date of the local law adding this subdivision, the department shall create a list of all locations with lactation rooms available pursuant to this section. Such list shall be made available on the department's website.
e. The department of education shall submit to the speaker of the city council on or before August 1, 2017, and on or before every August 1 thereafter, a report summarizing the policies at New York city public schools to allow a student or the parent or guardian of a student access to a lactation room upon request. Such report shall indicate how information regarding such policies was communicated to students, parents and guardians during the previous school year.
f. The department may promulgate rules to implement the provisions of this section including, but not limited to, establishing training programs for staff working at locations required to make a lactation room available pursuant to subdivision b, and providing guidelines concerning the location of a lactation room.
(L.L. 2016/094, 8/11/2016, eff. 7/1/2017; Am. L.L. 2018/184, 11/17/2018, eff. 2/15/2019)
No later than September 30, 2017, and annually no later than September 30 of each year, the department shall submit to the speaker and post on its website, or shall include in the mayor's management report prepared pursuant to section 12 of the charter, the most recent fiscal year data available regarding commonly used contraceptive methods. Such data shall be collected no less than annually for adults, and no less than biennially for high school students. Such data shall also be disaggregated by age group, education, race or ethnicity, and community district, where available and statistically reliable.
(L.L. 2017/054, 3/21/2017, eff. 3/21/2017)
a. Definitions. As used in this section, the following terms have the following meanings:
Abortion. The term "abortion" has the meaning given to the term "induced termination of pregnancy" as such term is defined in subdivision c of section 203.01 of the health code.
Reproductive health care. The term "reproductive health care" means any medical service provided to a person relating to the reproductive system and its processes, functions and organs. Reproductive health care includes, but is not limited to, services related to contraception, sterilization, preconception care, maternity care, abortion care and counseling regarding reproductive health care.
b. No later than January 30, 2023, and on January 30 annually thereafter, the department shall submit to the mayor and the speaker of the council and post online a report, based upon the data included in the most recently published annual summary of vital statistics, on data regarding the provision of medical services in the city related to reproductive health care, to the extent such data is available to the department, disaggregated by borough and, to the extent possible without revealing personally identifiable information, further disaggregated by age, ethnicity, and race. Such report shall include, but need not be limited to, data on the following reproductive health care provided in the city based upon the data included in the most recently published annual summary of vital statistics:
1. The number of births and the number of abortions provided;
2. The number of births and the number of abortions provided to individuals who were residents of New York city at the time of such birth or abortion;
3. The number of births and the number of abortions provided to individuals who were not residents of New York city at the time of such birth or abortion;
c. The report required pursuant to this section shall include an assessment of the ability of licensed medical providers in the city to accommodate individuals seeking medical services related to reproductive health care, including, but not limited to, assessing potential issues such providers or individuals might face in providing or receiving such services, and recommendations for increasing the capacity of medical services provided in the city.
d. Information required to be reported pursuant to this section shall be reported in a manner that does not violate any applicable provision of federal, state or local law relating to the privacy of personally identifiable information.
(L.L. 2022/073, 8/12/2022, eff. 9/11/2022)
a. For purposes of this section, the following terms have the following meanings:
Maternal health. The term "maternal health" means the health of a person before, during, and after a pregnancy.
Maternal mortality. The term "maternal mortality" means the death of a person that occurs during a pregnancy, or within one year from the end of pregnancy, regardless of the duration of such pregnancy.
Pregnancy-Associated Death. The term "pregnancy-associated death" means the death of a person from any cause during pregnancy or within one year from the end of pregnancy.
Pregnancy-Related Death. The term "pregnancy-related death" means the death of a person during pregnancy or within one year from the end of pregnancy that is due to a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy.
Severe maternal morbidity. The term "severe maternal morbidity" means a life-threatening complication affecting a person before, during, or after a pregnancy.
b. No later than September 30, 2022, and no later than September 30 annually thereafter, the department shall post on its website, submit to the speaker of the council and publish in a machine-readable format the most recent calendar year data available regarding maternal mortality in the city, to the extent such data is made available to the department. Data submitted shall not jeopardize the confidentiality of the pregnant person or mother and shall include, but not be limited to:
1. The total number of live births; and the total number of maternal mortalities, disaggregated by information about the pregnant person or mother where such disaggregated data is available. Such data shall be disaggregated by, but not limited to, the following:
(a) race or ethnicity;
(b) borough of residence;
(c) most frequent causes of maternal mortality; and
(d) whether the death was pregnancy-associated or pregnancy-related;
2. The total number of severe maternal morbidities, disaggregated by information about the pregnant person or mother, where such disaggregated data is available and statistically reliable. Such data shall include, but not be limited to:
(a) race or ethnicity;
(b) education;
(c) borough of residence;
(d) whether such person was born domestically or abroad;
(e) age;
(f) insurance status;
(g) trimester of prenatal care entry;
(h) preexisting health conditions;
(i) whether such person worked during pregnancy;
(j) whether such person had any previous miscarriages or still births; and
(k) whether the pregnancy resulted in the first live birth for such person;
3. The maternal mortality ratio, disaggregated by race or ethnicity and borough of residence where available and statistically reliable;
4. Recommendations regarding actions the department, the mayor, and the council can take to improve maternal health, particularly in disproportionately impacted communities; reduce maternal mortality; and enhance cooperation among city agencies to improve maternal health, particularly those agencies that have a mandate related to maternal health, including but not limited to the commission on gender equity. In developing recommendations, the department may consider the following factors, to the extent such information is available:
(a) the impact of factors such as prenatal care, doulas, economic, civic and social well-being, and race on pregnant persons and mothers, as they relate to maternal mortality and morbidity;
(b) the use and effect of hospital and institutional practices, policies, and administrative tools, such as checklists related to pregnancy and parenting;
(c) any previous traumatic events the mother or pregnant person experienced, where this information is provided and available, and whether the stress or trauma from that event might have affected the outcomes of the mother or pregnant person's experience during pregnancy, childbirth, and the postpartum period; and
(d) ways to analyze complications experienced by expectant parents and mothers and ways to develop equitable strategies to respond to them;
5. An update on the implementation of the recommendations made in previous reports made pursuant to this section regarding actions that the department or mayor can take to improve maternal health and reduce maternal mortality, if any; and
6. A list of data sources used in the development of reports made pursuant to this section.
c. No later than September 30, 2019, and by September 30 of every fifth year thereafter, the department shall submit to the speaker and publish in a machine-readable format additional data regarding maternal mortality in the city, for the most recent five-year period for which data is available. Data submitted shall not jeopardize the confidentiality of the pregnant person or mother and shall include, but not be limited to:
1. age;
2. education;
3. whether such person was born domestically or abroad;
4. whether the maternal mortality occurred in a hospital or inpatient setting, emergency room or outpatient setting, at home, or in another location;
5. trimester of prenatal care entry;
6. interval between end of pregnancy and maternal mortality, where available;
7. preexisting health conditions;
8. insurance status;
9. whether such person had any previous miscarriages or still births;
10. whether the pregnancy resulted in the first live birth for such person; and
11. whether such person worked during pregnancy.
d. In the development of reports made pursuant to this section, the department shall consult any review or assessment produced by the committee established pursuant to section 17-199.3.1.
(L.L. 2017/055, 3/21/2017, eff. 3/21/2017; Am. L.L. 2018/188, 11/17/2018, eff. 11/17/2018; Am. L.L. 2022/084, 9/6/2022, eff. 9/6/2022)
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