Section 17-335
§ 17-335 Inhalation therapy. a. Definitions. Whenever used in this
section, the following terms shall mean and include:
1. "Inhalation therapy." The therapeutic use of oxygen, helium, carbon
dioxide or other gas or gases for a human being.
2. "Inhalation therapy service." The furnishing of gas and complete
inhalation therapy equipment, with or without a technician to administer
or operate the same, or the furnishing, with one or more other persons,
of such gas and complete equipment, or the furnishing of a supervising
technician or technician to operate inhalation therapy equipment.
3. "Purveyor." A person who directly or indirectly engages in the
business of supplying inhalation therapy service or who holds himself or
herself out, directly or indirectly, or by a sign, stationery, business
card, billhead, advertisement or otherwise as being engaged in the
business of supplying inhalation therapy service. The term "purveyor"
shall not include a hospital or other institution subject to visitation
or inspection by the state department of social services, pursuant to
section four hundred sixty-c of the social services law, a hospital or
other institution operated by the city, or a manufacturer or distributor
of gas or inhalation therapy equipment, unless such manufacturer or
distributor supplies inhalation therapy service consisting of gas and
complete inhalation equipment, with or without, a technician to operate
the same, or a technician to operate inhalation therapy equipment.
4. "Supervising technician." A person who is the technical supervisor
or director of the inhalation therapy service of a purveyor and who
supervises the technicians who operate the inhalation therapy equipment
of such purveyor or for such purveyor.
5. "Technician." A person who operates inhalation therapy equipment of
a purveyor or for a purveyor under the supervision of a supervising
technician. The terms "supervising technician" shall not include any
person administering any gas (a) for emergency first aid, (b) for
emergency resuscitation, (c) in conjunction with or during lawful
administration of an anesthetic, (d) in a hospital or other institution
subject to visitation or inspection by the state department of social
services, pursuant to section four hundred sixty-c of the social
services law, or (e) in a hospital or other institution operated by the
city.
b. Purveyors' licenses, supervising technicians' and technicians'
certificates of competency.
1. It shall be unlawful for any person to be a purveyor without a
license therefor and it shall be unlawful for any person to be a
supervising technician or technician without a certificate of competency
therefor.
2. The annual fee for a license to be a purveyor shall be fifty
dollars. The fee for a certificate to be a supervising technician shall
be ten dollars and the annual renewal fee shall be one dollar. The fee
for a certificate to be a technician shall be five dollars and the
annual renewal fee shall be one dollar.
3. Each purveyor shall cause his or her license to be conspicuously
displayed in his or her principal place of business. Each supervising
technician and each technician, during the performance of his or her
duties as such, shall carry his or her certificate or renewal
certificate on his or her person and shall display the same on demand.
4. The department shall issue licenses and certificates of competency
and renewals thereof pursuant to this section. Each such license,
certificate and renewal shall expire on the thirty-first day of December
next succeeding the date of issuance thereof.
5. All licenses, certificates of competency and renewals thereof
issued pursuant to this section shall be according to an established
form and shall be regularly numbered and duly registered.
6. Where the applicant is a non-profit organization or an employee of
such organization and the activity for which the license is required, is
operated or is to be operated on a non-profit basis, the commissioner
may in his or her discretion waive the payment of any of the fees
prescribed by this section for such licenses issued by him or her.
c. Commissions prohibited. For the better protection and preservation
of the public health, safety and welfare of the city and its
inhabitants, it shall be unlawful for any purveyor, supervising
technician or technician, directly or indirectly, to pay or give, permit
or cause to be paid or given, or offer to pay or give to any person, or
for any person, directly or indirectly, to request, receive or accept
from any purveyor, supervising technician or technician any sum of
money, credit or other valuable consideration as a commission, discount
or gratuity for:
1. Recommending or procuring the inhalation therapy service of such
purveyor for any other person, or
2. Directing patronage or clientele to such purveyor, or
3. Influencing any person to refrain from using or utilizing the
inhalation therapy service or equipment of any other purveyor or person.
The provisions of this subdivision shall be inapplicable to:
1. Compensation paid by a purveyor to his or her bona fide employees
or for bona fide advertising.
2. Trade discounts granted by one purveyor to another purveyor.
d. Operation of equipment. It shall be unlawful for any purveyor to
supply inhalation therapy service or equipment, unless the use thereof
is prescribed and supervised by a licensed physician and the operation
thereof is controlled by a licensed physician, a supervising technician
or a technician. A purveyor shall be deemed to have complied with the
requirement of this subdivision with respect to a prescription for the
use of inhalation therapy service or equipment if:
1. He or she or his or her representative shall have ascertained from
the physician or from a person employed in the office of the physician
having knowledge thereof or from the registered nurse charged with the
care of the person requiring such inhalation therapy, that the physician
has prescribed the use of such inhalation therapy or equipment; and
2. He or she or his or her representative has made a note on the
records of such purveyor of the name and address of the physician, the
name of the registered nurse or the person in the office of the
physician from whom such information was received and the date on and
the time at which such information was received.
The provisions of this subdivision shall be inapplicable to the use of
inhalation therapy in the administration of emergency first aid,
emergency resuscitation, in conjunction with or during lawful
administration of anesthetic, in a hospital or other institution subject
to visitation or inspection by the state department of social services
pursuant to section four hundred sixty-c of the social services law or
in a hospital or other institution operated by the city.
e. Powers of department. For the better protection of the health,
safety and welfare of the inhabitants of the city, the department shall
have power to:
1. Promulgate rules and regulations governing inhalation service or
equipment and for the proper enforcement of the provisions of this
section.
2. Conduct examinations for and issue certificates of competency to
supervising technicians and technicians.
3. Inspect or investigate the inhalation therapy equipment or service
of any purveyor.
4. Make and enforce orders with relation to the care, use, operation,
testing and repair of inhalation therapy service or equipment.
5. Deny, suspend or revoke a license, certificate of competency or any
renewal thereof for failure to comply with the provisions of this
section or with any rule, regulation, standard or order prescribed or
made by the department with relation to inhalation therapy service or
equipment.
Section 17-337
§ 17-337 Air quality standards for compressed air in underwater
breathing tanks. Compressed air to be used in tanks for underwater
breathing that are offered for sale, sold, or distributed in the city of
New York, shall, at a minimum, meet the air quality standards for grade
e air of the compressed gas association publication "G-7.1-2004,
commodity specification for air," or a more stringent standard as may be
determined by the department.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.