Section 20-620
§ 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.
Section 20-621
§ 20-621 Provision of interpretation services required. a. Every
chain pharmacy shall provide free, competent oral interpretation
services to each LEP individual filling a prescription at such chain
pharmacy in the LEP individual's primary language for the purposes of
counseling such individual about his or her prescription medications or
when soliciting information necessary to maintain a patient medication
profile, unless the LEP individual is offered and refuses such services.
b. Every chain pharmacy shall provide free, competent oral
interpretation of prescription medication labels, warning labels and
other written material to each LEP individual filling a prescription at
such chain pharmacy, unless the LEP individual is offered and refuses
such services.
c. The services required by this section may be provided by a staff
member of the pharmacy or a third-party paid or volunteer contractor.
Such services must be provided on an immediate basis but not be provided
in-person or face-to-face in order to meet the requirements of this
section.
Section 20-622
§ 20-622 Provision of translation services required. Every chain
pharmacy shall provide free, competent translation of prescription
medication labels, warning labels and other written material to each LEP
individual filling a prescription at such chain pharmacy if that
individual's primary language is one of the pharmacy primary languages,
in addition to providing such labels and materials in English. Nothing
in this section shall prohibit a chain pharmacy from providing dual- or
multi-language medication labels, warning labels or other written
materials to LEP individuals who speak one of the pharmacy primary
languages if one of the languages included on such labels or sheets is
the LEP individual's primary language.
Section 20-623
§ 20-623 Notification relating to language assistance services. a.
Every chain pharmacy shall conspicuously post, at or adjacent to each
counter over which prescription drugs are sold, a notification of the
right to free language assistance services for limited English
proficient individuals as provided for in sections 20-621 and 20-622 of
this subchapter. Such notifications shall be provided in all of the
pharmacy's primary languages. The size, style and placement of such
notice shall be determined in accordance with rules promulgated by the
department.
Section 20-624
§ 20-624 Penalties. a. Any chain pharmacy that violates the
provisions of sections 20-621 or 20-622 of this subchapter or any rules
promulgated pursuant to such sections shall be liable for a civil
penalty of not less than two hundred fifty dollars nor more than two
thousand five hundred dollars for the first violation and for each
succeeding violation a civil penalty of not less than five hundred
dollars nor more than five thousand dollars.
b. Any chain pharmacy that violates the provisions of section 20-623
of this subchapter or any rules promulgated pursuant to such section
shall be liable for a civil penalty of not less than two hundred dollars
nor more than five hundred dollars for the first violation and for each
succeeding violation a civil penalty of not less than three hundred
dollars nor more than one thousand dollars.
Section 20-625
§ 20-625 Hearing authority. a. Notwithstanding any other provision of
law, the department shall be authorized upon due notice and hearing, to
impose civil penalties for the violation of any provision of this
subchapter and any rules promulgated thereunder. The department shall
have the power to render decisions and orders and to impose civil
penalties not to exceed the amounts specified in section 20-624 of this
subchapter for each such violation. All proceedings authorized pursuant
to this section shall be conducted in accordance with rules promulgated
by the commissioner. The penalties provided for in section 20-624 of
this subchapter shall be in addition to any other remedies or penalties
provided for the enforcement of such provisions under any other law
including, but not limited to, civil or criminal actions or proceedings.
b. All such proceedings shall be commenced by the service of a notice
of violation returnable to the administrative tribunal of the
department. The commissioner shall prescribe the form and wording of
notices of violation. The notice of violation or copy thereof when
filled in and served shall constitute notice of the violation charged,
and, if sworn to or affirmed, shall be prima facie evidence of the facts
contained therein.