Section 20-815
§ 20-815 Definitions. For the purposes of this subchapter, the
following terms shall have the following meanings: a. "Abortion" shall
mean the termination of a pregnancy for purposes other than producing a
live birth, which includes but is not limited to a termination using
pharmacological agents.
b. "Client" shall mean an individual who is inquiring about or seeking
services at a pregnancy services center.
c. "Emergency contraception" shall mean one or more prescription drugs
used separately or in combination, to prevent pregnancy, when
administered to or self-administered by a patient, within a medically
recommended amount of time after sexual intercourse, and dispensed for
that purpose in accordance with professional standards of practice and
determined by the United States food and drug administration to be safe.
d. "Health information" shall mean any oral or written information in
any form or medium that relates to health insurance and/or the past,
present or future physical or mental health or condition of a client.
e. "Licensed medical provider" shall mean a person licensed or
otherwise authorized under the provisions of articles one hundred
thirty-one, one hundred thirty-one-a, one hundred thirty-one-b, one
hundred thirty-nine or one hundred forty of the education law of New
York, to provide medical services.
f. "Personal information" shall mean any or all of the following: the
name, address, phone number, email address, date of birth, social
security number, driver's license number or non-driver photo
identification card number of a client, a relative of a client or a
sexual partner of a client. This term shall apply to all such data,
notwithstanding the method by which such information is maintained.
g. "Pregnancy services center" shall mean a facility, including a
mobile facility, the primary purpose of which is to provide services to
women who are or may be pregnant, that either: (1) offers obstetric
ultrasounds, obstetric sonograms or prenatal care; or (2) has the
appearance of a licensed medical facility. Among the factors that shall
be considered in determining whether a facility has the appearance of a
licensed medical facility are the following: the pregnancy services
center (a) offers pregnancy testing and/or pregnancy diagnosis; (b) has
staff or volunteers who wear medical attire or uniforms; (c) contains
one or more examination tables; (d) contains a private or semi-private
room or area containing medical supplies and/or medical instruments; (e)
has staff or volunteers who collect health insurance information from
clients; and (f) is located on the same premises as a licensed medical
facility or provider or shares facility space with a licensed medical
provider. It shall be prima facie evidence that a facility has the
appearance of a licensed medical facility if it has two or more of the
factors listed in subparagraphs (a) through (f) of paragraph (2) of this
subdivision.
A pregnancy services center shall not include a facility that is
licensed by the state of New York or the United States government to
provide medical or pharmaceutical services or where a licensed medical
provider is present to directly provide or directly supervise the
provision of all services described in this subdivision that are
provided at the facility.
h. "Premises" shall mean land and improvements or appurtenances or any
part thereof.
i. "Prenatal care" shall mean services consisting of physical
examination, pelvic examination or clinical laboratory services provided
to a woman during pregnancy. Clinical laboratory services refers to the
microbiological, serological, chemical, hematological, biophysical,
cytological or pathological examination of materials derived from the
human body, for purposes of obtaining information, for the diagnosis,
prevention, or treatment of disease or the assessment of health
condition.
Section 20-816
§ 20-816 Required disclosures. a. A pregnancy services center shall
disclose to a client that the New York City Department of Health and
Mental Hygiene encourages women who are or who may be pregnant to
consult with a licensed medical provider.
b. A pregnancy services center shall disclose if it does or does not
have a licensed medical provider on staff who provides or directly
supervises the provision of all of the services at such pregnancy
services center.
c. A pregnancy services center shall disclose if it does or does not
provide or provide referrals for abortion.
d. A pregnancy services center shall disclose if it does or does not
provide or provide referrals for emergency contraception.
e. A pregnancy services center shall disclose if it does or does not
provide or provide referrals for prenatal care.
f. The disclosures required by this section must be provided:
(1) in writing, in English and Spanish in a size and style as
determined in accordance with rules promulgated by the commissioner on
(i) at least one sign conspicuously posted in the entrance of the
pregnancy services center; (ii) at least one additional sign posted in
any area where clients wait to receive services; and (iii) in any
advertisement promoting the services of such pregnancy services center
in clear and prominent letter type and in a size and style to be
determined in accordance with rules promulgated by the commissioner; and
(2) orally, whether by in person or telephone communication, upon a
client or prospective client request for any of the following services:
(i) abortion; (ii) emergency contraception; or (iii) prenatal care.
Section 20-817
§ 20-817 Confidentiality of health and personal information. a. All
health information and personal information provided by a client in the
course of inquiring about or seeking services at a pregnancy services
center shall be treated as confidential and not disclosed to any other
individual, company or organization unless such client, in writing,
requests or consents to the release of such information, or disclosure
is required by operation of law or court order.
b. Any consent for the release of health or personal information
required pursuant to subdivision a of this section must:
(1) be in writing, dated and signed by the client;
(2) identify the nature of the information to be disclosed;
(3) identify the name and institutional affiliation of the person or
class of persons to whom the information is to be disclosed;
(4) identify the organization or individual who is to make the
disclosure;
(5) identify the client;
(6) contain an expiration date or an expiration event that relates to
the client or the purpose of the use or disclosure.
c. Any client that consents to the release of health or personal
information pursuant to subdivision b of this section must have a clear
and complete understanding of the nature of such release and the content
of such information.
d. Notwithstanding subdivisions a and b of this section, if any
pregnancy services center employee or volunteer has reasonable cause to
suspect that a client receiving services at a pregnancy services center
is an abused or maltreated child, such employee or volunteer may report
such abuse to the statewide central register of child abuse and
maltreatment in accordance with section four-hundred thirteen or
four-hundred fourteen of the social services law of New York, and to the
administration for children's services, and/or the police department,
and cooperate in the investigation related thereto to the extent
permitted by applicable state and federal law. For the purposes of this
subdivision, "abused child" and "maltreated child" shall be defined in
accordance with section four-hundred twelve of the social services law
of New York, or as a person under the age of eighteen whose parent or
guardian legally responsible for such person's care inflicts serious
physical injury upon such person, creates a substantial risk of serious
physical injury, or commits an act of sexual abuse against such person.
Reporting child abuse and maltreatment as defined in this subdivision to
an individual or entity other than the statewide central registrar of
child abuse and maltreatment, the administration for children's services
or the police department shall be a violation of this section.
Section 20-818
§ 20-818 Penalties. a. Any pregnancy services center that violates the
provisions of sections 20-816 or 20-817 of this subchapter or any rules
or regulations promulgated thereunder shall be liable for a civil
penalty of not less than two hundred dollars nor more than one thousand
dollars for the first violation and a civil penalty of not less than
five hundred dollars nor more than two thousand-five hundred dollars for
each succeeding violation.
b. (1) If any pregnancy services center is found to have violated the
provisions of section 20-816 on three or more separate occasions within
two years, then, in addition to imposing the penalties set forth in
subdivision a of this section, the commissioner, after notice and a
hearing, shall be authorized to order that the pregnancy services center
be sealed for a period not to exceed five consecutive days, except that
such premises may be entered with the permission of the commissioner
solely for actions necessary to remedy past violations of section 20-816
or prevent future violations or to make the premises safe. For the
purposes of this subdivision, any violations at a pregnancy services
center shall not be included in determining the number of violations of
any subsequently established pregnancy services center at that location
unless the commissioner establishes that the subsequent operator of such
pregnancy services center acquired the premises or pregnancy services
center, in whole or in part, for the purpose of permitting the previous
operator of the pregnancy services center who had been found guilty of
violating section 20-816 of this subchapter to avoid the effect of such
violations.
(2) Orders of the commissioner issued pursuant to paragraph one of
this subdivision shall be posted at the premises that are the subject of
the order(s).
(3) Ten days after the posting of an order issued pursuant to
paragraph one of this subdivision, and upon the written directive of the
commissioner, officers and employees of the department and officers of
the New York city police department are authorized to act upon and
enforce such orders.
(4) A closing directed by the department pursuant to paragraph one of
this subdivision shall not constitute an act of possession, ownership or
control by the city of the closed premises.
(5) Mutilation or removal of a posted order of the commissioner or his
designee shall be punishable by a fine of not more than two hundred
fifty dollars or by imprisonment not exceeding fifteen days, or both,
provided such order contains therein a notice of such penalty. Any other
intentional disobedience or resistance to any provision of the orders
issued pursuant to paragraph one of this subdivision, including using or
occupying or permitting any other person to use or occupy any premises
ordered closed without the permission of the department as described in
subdivision b shall, in addition to any other punishment prescribed by
law, be punishable by a fine of not more than one thousand dollars, or
by imprisonment not exceeding six months, or both.
c. For the purposes of this section, all violations committed on any
one day by any one pregnancy services center shall constitute a single
violation.
Section 20-819
§ 20-819 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 the provisions 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 20-818 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 20-818 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 proceedings under this subchapter shall be commenced by the
service of a notice of violation returnable to the administrative
tribunal of the department. Notice of any third violation for engaging
in a violation of section 20-816 shall state that premises may be
ordered sealed after a finding of a third violation. 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.
Section 20-820
§ 20-820 Civil cause of action. Any person claiming to be injured by
the failure of a pregnancy services center to comply with section 20-817
shall have a cause of action against such pregnancy services center in
any court of competent jurisdiction for any or all of the following
remedies: compensatory and punitive damages; injunctive and declaratory
relief; attorney's fees and costs; and such other relief as a court
deems appropriate.
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.