§ 20-614 Records of purchase.

   1.   Purchasing records shall be kept in a secure location and made available only to the commissioner and his or her designee, or a police officer, and shall be used solely for the purposes of enforcement of this subchapter and of state and local anti-graffiti laws and rules.

   2.   a.   Purchasing records shall be kept by dealers of etching acid for one year.

      b.   All purchasing records and any other information pertaining to the purchase or sale of etching acid shall be disposed of by the following methods only:

         i.   shredding the records before the disposal of the records; or

         ii.   destroying the personal information contained in the records; or

         iii.   modifying the records to make the personal information unreadable; or

         iv.   taking actions consistent with commonly accepted industry practices reasonably believed to ensure that no unauthorized person will have access to the personal information contained in the records.

§ 20-615 Rules.

The commissioner may make and promulgate such rules and regulations as he or she may deem necessary for the proper implementation and enforcement of this subchapter.

§ 20-616 Penalties.

   1.   Any person who violates the provisions of this subchapter shall be guilty of a violation punishable by a fine of not less than one hundred dollars and not more than two hundred fifty dollars.

   2.   Any person violating this subchapter shall be subject to a civil penalty of not less than one hundred dollars and not more than two hundred fifty dollars. A proceeding to recover any civil penalty pursuant to this subchapter shall be commenced by the service of a notice of hearing that shall be returnable to the administrative tribunal of the department.

   3.   Any person who subsequently violates this subchapter within a period of one year of the date of the first violation shall be guilty of a violation, punishable by a fine not less than five hundred dollars.

Subchapter 3: Language Assistance Services in Pharmacies*

* Editor's note: there are two subchapters designated as Subchapter 3.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/055.

§ 20-620 Definitions.

For the purposes of this subchapter, the following terms shall have the following meanings:

   a.   "Chain pharmacy" shall mean any pharmacy that is part of a group of four or more establishments that (1) conduct business under the same business name or (2) operate under common ownership or management or pursuant to a franchise agreement with the same franchisor.

   b.   "Competent oral interpretation" shall mean oral communication in which (1) a person acting as an interpreter comprehends a spoken message and re-expresses that message accurately in another language, utilizing all necessary pharmaceutical- and health-related terminology; (2) a bilingual pharmacy staff member communicates proficiently with an LEP individual in the LEP individual's primary language utilizing all necessary pharmaceutical- and health-related terminology; or (3) a person acting as an interpreter or a bilingual pharmacy staff member accurately translates a written document orally for an LEP individual utilizing all necessary pharmaceutical- and health-related terminology.

   c.   "Competent translation" shall mean written communication in which a person or device translates a written message and re-writes that message accurately in another language.

   d.   "Language assistance services" shall mean competent oral interpretation and/or competent translation provided to a limited English proficient individual in his or her primary language to ensure that such individual understands medication labels, warning labels and instructions for drug usage.

   e.   "Limited English proficient individual" or "LEP individual" shall mean an individual who identifies as being, or is evidently, unable to speak, read or write English at a level that permits such individual to understand health-related and pharmaceutical information communicated in English.

   f.   "Other written material" shall mean any written material other than a prescription label or warning label that the pharmacy considers vital to an LEP individual's safe and effective use of prescription medications.

   g.   "Pharmacy" shall mean any retail establishment that is located within the city of New York in which prescription drugs are sold.

   h.   "Pharmacy primary languages" shall mean the top seven languages spoken by LEP individuals in New York city, as determined biennially by the department of city planning based on data from the American Community Survey and made available to each chain pharmacy.

   i.   "Primary language" shall mean the language identified by an LEP individual as the language to be used in communicating with such individual.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/055.