Subchapter 3*2 - LANGUAGE ASSISTANCE SERVICES IN PHARMACIES

Section 20-620

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

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

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

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

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

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.