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Department of Health and Mental Hygiene
Codified Title: 
Title 24: Department of Health and Mental Hygiene

Adopted Rules: Closed to Comments

Adopted Rules Content: 
 

Statement of Basis and Purpose

Introduction

            Birth and death records are protected from access by the general public because they contain individually identifiable information, which is considered private.  A birth certificate contains the first and last name of the person whose birth is being registered, date of birth, sex, home address, and mother’s maiden name.  In addition to information about the decedent, a death certificate contains the first and last name of parents, surviving spouse, and individual reporting the death.  This is individually identifiable information within the meaning of Health Code section 3.25 that, as the notes accompanying that section’s adoption state, “will be treated with the utmost confidentiality.”  Yet, birth and death records are also important historical documents that at some point should be available to historians and families researching their ancestries.  For this reason, Administrative Code section 17-170(b) charges the Board with deciding when the original records of births and deaths filed with the Department, and the indexes to such records, should become public records and transferred to the Department of Records and Information Services (“DORIS”).

This Health Code amendment establishes fixed schedules for making birth and death records public and transferring them to DORIS. Specifically:

  • a birth record become a public record on January 31st of the year following 125 years after the date of birth, and
  • a death record becomes a public record on January 31st of the year following 75 years after the date of death.

The Department believes that these schedules balance the need to protect the personal information of people who may be alive, especially as it relates to the problem of identity theft as well as other privacy issues, with the public’s right to access historically important records, including the specific interests of families, genealogists and other researchers.  The schedules also avoid the transfer of records to DORIS that are, in the Department’s experience, still subject to amendment by the individual to whom the record pertains, the Office of Chief Medical Examiner, the courts, or family members. 

Background

Birth and death records

In New York City, as in most vital records jurisdictions nationwide, the certificate of birth collects a wealth of information, pertaining both to the person registered on the record and their family members. On the birth record, this includes: the registrant’s date of birth, location of birth, and sex; the mother’s and father’s names prior to first marriage, places of birth, and dates of birth; as well as the number of children delivered at the time of birth, and a home address.  Death certificates, in addition to presenting date and cause of death, include date of birth, location of death, names of parents, as well as information on the surviving spouse and the living person known as the  informant, including their name, relationship to decedent and mailing address.  This type of personal identifying information (“PII”) is protected in other contexts under multiple federal[i], State[ii], and local[iii] privacy laws.

Necessary and appropriate use of birth and death certificates and information

Information included in birth records and birth certifications is required by multiple governmental agencies and private entities to receive a benefit or service, or to support the issuance of other documents often used for identity purposes, such as obtaining a driver’s license. Birth records are considered “foundational documents,” meaning they are often the first document obtained that enables the holder to then obtain other important documents.  For example, the information contained in a birth certificate can also be used in the process of getting a U.S. passport or Social Security card and accessing public benefits such as Medicaid.

 

Death records and the PII included in them are used to open or close decedents’ bank accounts, notify federal agencies such as the Internal Revenue Service and the Social Security Administration of a death, and to start the probate process in court.  They are also needed to access payments such as life insurance and survivor’s benefits in pensions and other programs. 

 

Amendment and correction of birth and death records/issuance of new birth certificates

Birth and death certificates are considered “living” documents in that their content can be changed in certain circumstances.  Pursuant to Article 207 of the Health Code, the content of a birth or death certificate may be amended or corrected, or a new birth certificate issued, to correct errors made in the originals or to reflect changes in circumstances, such as adoption or change in gender.  These are common requests from Vital Records customers.  During the five-year period from 2012 to 2016, the Department processed 1,030 birth record corrections and amendments for individuals born in 1940 and earlier, including 24 delayed registrations of birth and amendments for individuals aged 90 and above.  During the same five year period, the Department also processed 257 death record corrections and amendments for individuals who died in 1970 and earlier.  These are legal changes to records requested by living New Yorkers or their survivors.  Pursuant to Health Code § 207.01(a), the Commissioner of Health or his or her designee may make these changes to the actual records. 

 

When such changes are made to birth certificates, Administrative Code section 17-167(c) requires the substitution of the new birth record for the one on file.  If a record has been transferred to DORIS and made public, the ability for the Department to substitute a new record for it is substantially compromised.  For these reasons, it is important that the Department not make birth and death records publically available while they still may be subject to corrections and amendments.  The Board declines to issue “For Information Only” or similar uncertified documents related to birth and death records, as many comments suggested.  The Board believes that there is a similar risk of misuse of the information on copies of birth and death records, whether the records are certified or not. 

Privacy concerns

Privacy concerns also attest to the importance of maintaining the confidentiality of birth and death certificate PII during a person’s lifetime and for an appropriate period after.  For example, a teenage mother named on the death certificate of an infant may still be alive 75 years after her infant had died or the birth certificate of a transgender person may reveal information that person may prefer to keep private, especially if the certificate has not been amended. 

New Yorkers are living longer

New Yorkers are living longer than ever before. The 2010 US Census showed that almost a half-million New York City residents were over the age of 75.

 

Age

Total

75 – 79

178,019

80 – 84

142,272

85 – 89

90,375

90 – 94

37,270

95 – 99

11,665

100+

2,096

Total

461,697

 

Another half million were between the ages of 65 and 74.[iv]  Since 2010, the American Community Survey estimates that the total number of New York City residents age 75 and over had increased to more than 492,000, with more than 1.25 million over the age of 65.[v]  In 2005, 585 New Yorkers died between the ages of 100 and 114.  In 2014, that number rose to 806 deaths between the ages of 100 and 114, a 38% increase, and in 2015 the number rose to 901.  Birth and death data should be protected to adequately reflect these trends to guard against identity theft and fraud. 

Fraudulent and inappropriate use of birth and death certificates and information

            The PII found on birth and death certificates has the potential to be used in various fraudulent ways, including identity theft.  Identity theft involves appropriating PII and, in the name of that person, incurring debt, taking money from financial accounts, opening new accounts, accessing medical information or services, or receiving a tax refund, among other things.[vi]  Indeed, in addition to “foundational documents,” birth certificates are also referred to as “breeder documents” because they can be used to obtain other valid forms of identity.[vii]  Information from death certificates can be used in a similar manner, sometimes referred to as “ghosting.”[viii]  
 

Health Code Amendment

The Board is amending the Health Code to establish a fixed schedule for making birth and death certificates public and transferring them to DORIS. A birth record will become a public record on January 31st of the year following 125 years after the date of birth, and a death record will become public on January 31st of the year following 75 years after death. This schedule balances the need to protect the personal information of people who may be alive with the public’s right to access historically important records, including the specific interests of families, genealogists and other researchers.  The schedule also precludes the transfer of records to DORIS that are still subject to amendment by the individual to whom the record pertains, the Office of Chief Medical Examiner, the courts, or family members. This schedule was supported in comments submitted by both the New York State Department of Health and the National Association for Public Health Statistics and Information Systems (NAPHSIS), the national nonprofit membership organization representing the 57 vital records and public health statistics offices in the United States.

 

The Board recognizes there is a keen interest in accessing birth and death records for the sake of tracing genealogy and family health issues, as evidenced by the many comments received on the topic.   The Board will therefore consider an amendment to the Health Code to allow direct descendants and other close relatives to access birth and death records before they become public.    

 

Statutory Authority

Pursuant to section 556(c) of the Charter and section 17-166 of the Administrative Code, the Department is responsible for supervising and controlling the registration of births and deaths that occur in the City of New York. Section 558(c) of the Charter requires the Board to include in the Health Code provisions related to maintaining a registry of births and deaths, as well as provisions related to changes or alterations of any birth or death certificate upon proof satisfactory to the Commissioner of Health and the manner in which these certificates may be issued and otherwise examined.  Administrative Code section 17-169 and Health Code sections 3.25 and 207.11 make birth and death records confidential and restrict access to these records beyond certain classes of specified people.  Section 17-170(b) of the Administrative Code authorizes the Board to determine when birth and death records are transferred to DORIS.  Section 558(b) of the Charter specifically authorizes the Board to add to, alter, and amend the Health Code.

 




[i] See, e.g., the Privacy Act of 1974 as amended (5 U.S.C. § 552a); the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191, 110 Stat. 1936 (1996)) Privacy Rule (45 C.F.R. Part 160 and Subparts A and E of Part 164); the Driver’s Privacy Protect Act (18 U.S.C. § 2721 et seq.); and the Identity Theft and Assumption Deterrence Act of 1998 (18 U.S.C. § 1028). 

[ii] See, e.g., the Personal Privacy Protection Law (NYS Public Officers Law Article 6A) and 10 NYCRR §§ 35.2 and 35.4 making birth and death records maintained by NYS agencies confidential except in limited circumstances.  Also see NYS Public Officers Law §§ 87(2)(b) and 89(2)(b), which protect date of birth information from public release.

[iii] See, e.g., NYC Charter § 2604(b)(4) prohibiting City employees and officials from disclosing any confidential information obtained as a result of his/her official duties and NYC Administrative Code Title 10, Chapter 5 concerning disclosures of security breaches. 

[vi] See, e.g., NYS Penal Law Article 190; Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice, “Identity Theft,” accessible online at https://www.bjs.gov/index.cfm?ty=tp&tid=42; U.S. Federal Trade Commission Consumer Sentinel Data Book for January – December 2016 (“FTC 2016 Data Book”), accessible online at https://www.ftc.gov/system/files/documents/reports/consumer-sentinel-network-data-book-january-december-2016/csn_cy-2016_data_book.pdf.

[vii] Birth Certificate Fraud, U.S. Department of Health & Human Services, Office of Inspector General (OEI-07-99-00570 September 2000). 

[viii]See, e.g., NYS Department of State, Division of Consumer Protection, “After Death” accessible online at https://www.dos.ny.gov/consumerprotection/scams/afterdeath.html.

 
Effective Date: 
Wed, 04/18/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 


Statement of Basis and Purpose

 

 The Department’s Division of Disease Control conducts disease surveillance and control activities for most of the diseases listed in Article 11 (Reportable Diseases and Conditions) of the Health Code. The Division of Disease Control also enforces Article 13 (Clinical Laboratories) of the Health Code, which regulates how laboratory tests must be performed and the reporting of test results. In addition, the Department must comply with various provisions of Part 2 of the New York State Sanitary Code, found in Title 10 of the New York Codes, Rules and Regulations, with respect to control of communicable diseases.

To conduct more effective, timely, and complete disease surveillance and control, the Board is amending Health Code Articles 11 and 13 as follows:

Hepatitis B Reporting

The Board is amending Health Code §13.03(b)(3)(B) (previously §13.03(b)(3)(A)) to require laboratories to report all hepatitis B virus (HBV) DNA test results, including negative results. The Health Department previously required laboratories to report only positive HBV DNA results, in addition to other positive HBV test results.

HBV DNA testing is performed on individuals who have tested positive for HBV. HBV DNA tests measure viral load and whether the patient has chronic (active) HBV, requiring treatment. For patients already diagnosed with chronic HBV, DNA test results provide important information regarding infectiousness, treatment eligibility, and risk for development of liver cancer. For patients being treated for HBV, DNA test results provide information regarding treatment outcome (i.e., the extent to which the patient cleared the infection).

The number of HBV cases is rising nationally and in New York City. More than 100,000 New Yorkers are estimated to be living with chronic HBV, with 8,439 new cases diagnosed in 2016, an increase of 18.8% since 2013. The majority of individuals infected with HBV as adults will clear the virus on their own, but many New Yorkers will develop chronic HBV. Chronic HBV can lead to serious health issues, including cirrhosis and liver cancer. All persons with chronic HBV infection require linkage to care and regular monitoring for liver damage and other complications; a subset require treatment with antiviral medications.

Without negative HBV DNA test results, the Health Department would have limited knowledge regarding whether patients who have tested positive for HBV are receiving appropriate follow-up testing and treatment. Mandated reporting of negative HBV DNA test results will allow the Health Department to estimate the proportion of New Yorkers infected with HBV who are appropriately tested and linked to care; identify gaps in access to care; develop targeted interventions to increase linkage to care and improve provider knowledge of HBV testing and treatment guidelines; and increase monitoring to reduce HBV-related morbidity and mortality.

In consideration of a comment received, the proposed amendment has been modified to exempt blood bank laboratories and other laboratories that perform hepatitis B DNA tests on donated blood from the requirement to report negative and indeterminate hepatitis B DNA test results for such donated blood.

Carbapenem-resistant Enterobacteriaceae Reporting

The Board is amending Health Code §11.03(a) to require laboratories to report carbapenem-resistant Enterobacteriaceae (CRE), an emerging bacterial threat. CRE are a family of bacteria that are difficult to treat because they have high levels of resistance to many antibiotics including carbapenem antibiotics. Carbapenem antibiotics are often used as the last line of treatment for infections caused by highly resistant bacteria, including those in the Enterobacteriaceae family.

As explained by the Centers for Disease Control and Prevention (CDC): “The emergence and dissemination of carbapenem resistance among Enterobacteriaceae in the United States represents a serious threat to public health. These organisms cause infections that are associated with high mortality rates and they have the potential to spread widely. Decreasing the impact of these organisms will require a coordinated effort involving all stakeholders including healthcare facilities and providers, public health, and industry.”[1] CDC has designated CRE an “urgent” threat, the highest threat level in its list of antibiotic resistant threats in the United States.[2]

CRE infections are common in hospitals, nursing homes, and other healthcare settings. Patients whose care requires devices like ventilators, urinary catheters, or intravenous catheters, and patients who are taking long courses of certain antibiotics are most at risk for CRE infections.[3] In 2015, hospitals in NYS reported 3,618 CRE cases via the CDC’s National Healthcare Safety Network (NHSN); 1,727 of these were reported by the 51 participating New York City facilities.[4] As only hospitals submit CRE data to the NHSN, the number of CRE infections in New York is probably significantly larger.

Mandated reporting will provide vital epidemiological information regarding incidence and evolution of CRE and assist in the identification of new strains, clusters, and outbreaks. This will enable the Department to help ensure infection control precautions are being taken. Mandated reporting of CRE is also aligned with recently released Council of State and Territorial Epidemiologists guidelines.[5] Based on a 2016 survey, 27 jurisdictions require some form of CRE reporting.[6]

Minor changes to other parts of §11.03(a) are being made for purposes of consistency.

 

Statutory Authority

The Board’s authority to promulgate these proposed amendments is found in Sections 556, 558, and 1043 of the New York City Charter (the “Charter”). Sections 558(b) and (c) of the Charter empower the Board to amend the Health Code and to include all matters to which the Department’s authority extends. Section 556 of the Charter provides the Department with jurisdiction to protect and promote the health of all persons in the City of New York. Section 1043 grants the Board rule-making authority.

 




[1] Centers for Disease Control and Prevention, National Center for Emerging and Zoonotic Infectious Diseases. Facility Guidance for Control of Carbapenem-resistant Enterobacteriaceae (CRE). November 2015 Update – CRE Toolkit. https://www.cdc.gov/hai/pdfs/cre/cre-guidance-508.pdf.

[2] Centers for Disease Control and Prevention. Antibiotic Resistant Threats in the United States, 2013. https://www.cdc.gov/drugresistance/pdf/ar-threats-2013-508.pdf.

[3] Centers for Disease Control and Prevention. Carbapenem-resistant Enterobacteriaceae in Healthcare Settings. CDC website. https://www.cdc.gov/hai/organisms/cre/index.html.

[4] NYS Healthcare Associated Infections in New York State, 2015. Part 2: Technical Report. March 2017.

[5] Council of State and Territorial Epidemiologists. Infectious Disease Committee Position Statement 17-ID-04: Public Health Reporting and National notification of Carbapenemase Producing Carbapenem-Resistant Enterobacteriaceae for E. coli, Klebsiella spp. and Enterobacter spp. July 2017.

[6] Council of State and Territorial Epidemiologists. State Reportable Conditions Assessment (SRCA). http://srca.querytool.cste.org/.

Effective Date: 
Wed, 04/18/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 
 
 

Statement of Basis and Purpose

 

Statutory Authority

Section 556 of the New York City Charter (“Charter”) authorizes the Department of Health and Mental Hygiene (“Department”) to regulate all matters pertaining to the health of the City, and Section 1043 grants the Department rulemaking authority. Moreover, Local Laws 5, 7 and 8 of 2015, as amended by Local Laws 53 and 55 of 2015, added a new Chapter 17 and amended Chapters 3 and 8 of Title 17 of the Administrative Code regarding the sale of dogs and cats in pet shops. The Department is authorized to promulgate rules necessary for implementation of these local laws.

Background

As a result of the local laws cited above, the Administrative Code now requires that pet shops selling dogs or cats acquire them only from holders of the United States Department of Agriculture (“USDA”) Class A licenses. Additionally, pet shops must document and maintain information about the sources, sales, health and breeding histories of the dogs and cats they sell. The shops must sterilize dogs and cats that are at least eight weeks old and two pounds in weight, and implant microchips into such animals prior to their being sold.

The Department is now adding a new Chapter 5 to its rules (codified at Title 24 of the Rules of the City of New York) to implement these recently enacted provisions of the Administrative Code.

In compliance with §§1043(a) and 389(b) of the Charter, a notice of public hearing and notice of intent to add a new Chapter 5 (“Pet Shops”) to Title 24 of the Rules of the City of New York were initially published in the City Record on January 31, 2017, and a public hearing was held on March 2, 2017. No written comments were received and no individuals testified at the hearing.

Subsequent to the public hearing, however, the Department decided to revise the proposal because relevant information regarding Class A licensees has been removed from the USDA website.  As a result, the proposal has been revised to clarify the means of complying with Administrative Code §§17-1702(a) and 17-1703.

The revised proposed amended rules were published in the City Record on November 8, 2017, and a public hearing on was held on December 11, 2017.

In response to comments received, the Department has further revised the amendment to address concerns about the timing of affidavits required to be provided to pet shops by breeders and the methods by which the pet shops obtain USDA reports. The Department has also made other changes to clarify the means of complying with Chapter 17 of the Administrative Code.

Amendments Adopted

To implement the recordkeeping and consumer disclosure requirements of the Administrative Code, the rules require pet shops to collect and maintain required information, and to provide it to prospective purchasers as mandated, using forms provided by the Department to the extent applicable. The forms are listed on the checklist below. Requiring standardized forms promotes compliance by assuring that pet shops completing the documents will have collected all of the information required by the Administrative Code, and facilitates Department review and pet owners’ understanding of records.

The Administrative Code directs the Department to set fees that a pet shop may collect for providing prospective purchasers with USDA inspection reports. These rules set nominal copying fees of up to $.25 per page.

To enable the Department to promptly issue dog license tags to people purchasing dogs at pet shops, the rules require that a pet shop submit any dog license application completed in paper copy to the Department within 10 business days of the sale. Pet shops enrolled in the Department’s online dog licensing system can avoid this paperwork.

Dogs and cats offered for adoption at pet shops by permitted animal shelters and incorporated not-for-profit animal rescue groups are not subject to these new laws to the extent that they are registered with the New York State Department of Agriculture and Markets and are exempted from the definition of “pet dealer” set forth in New York State Agriculture and Markets Law § 400.4. To assist enforcement officers in determining when this is the case, the rules require pet shops to maintain, on site and available for inspection, a copy of the animal shelter’s permit issued by the Department or the rescue group’s proof of not-for-profit status, and such registration and exemption, at any time such organizations are using the pet shop’s space.

Moreover, the requirements of the new laws do not apply to breeders that sell or offer to sell cats and dogs directly to the public, as long as such breeders sell or offer to sell fewer than a total of 25 dogs and cats per calendar year, and such animals are all born and raised on the breeder’s residential premises and sold directly from such premises.

Finally, the law establishes penalties of $500 per violation per day, enforceable by officers and agents of the Department and officers of the New York City Police Department.

Below is a summary checklist of the documents that satisfy the requirements of the rule.

 

Checklist of Required Documents

 

DOHMH Form Number

Document

Recordkeeping, Subject to Inspection

(Maintain for 5 years unless otherwise noted)

Provide to Purchaser

USDA, Animal and Plant Health Inspection Service (APHIS)

201-D-USDA 7001

Form 7001

201-D-USDA 7006

Form 7006

 

n/a

Copy of source’s USDA APHIS inspection reports from last 3 years

NYS Agriculture and Markets, Division of Animal Industry

204-D-AGMKT-Form A

Veterinary Health Certificate

Pet shop to keep original

 

205-D-AGMKT-Form C

Receipt

206-D-AGMKT-Form E

Information Statement

207-D-AGMKT-Form H

Pedigree (for animal capable of being registered)

(if applicable)

(if applicable)

208-D-AGMKT-Form I

Consumer Rights/NYS Article 35-D

New York City-Only Documents

209-D-VPHS-Purchaser Statement

Purchaser Statement

Maintain statement for 10 years and attachments for 5 years

n/a

Microchip usage instructions provided by the manufacturer or registration company

n/a

Sterilization Certification

(Record from the veterinarian of sterilization procedure performed on dog or cat)

n/a

Receipt log showing sale of dog license (if the pet shop does not use the online dog license system and the dog will live in NYC) 

 

213-D-VPHS-Source Affidavit

Affidavit from source

 

214-D-VPHS-38

Self-inspection of Animal Holding Facilities

 

203-D-AGMKT-Vet Care Plan

Veterinary Care Plan

 

215-D-VPHS

Pet Shop statement regarding diligent check of the USDA website

 

 
Effective Date: 
Thu, 04/05/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, March 14, 2018
Proposed Rules Content: 
 
 

Statement of Basis and Purpose of Proposed Rule

 

Introduction

Smoking is a leading cause of preventable premature death in New York City, increasing the risks of lung cancer, heart disease, and many other health hazards. To counter this threat, in 1988 the City enacted the Smoke-Free Air Act (SFAA), which was amended in 2002 to restrict tobacco smoking in various indoor and outdoor public places. Despite the substantial progress in reducing both environmental smoke exposure and smoking, hookah smoking has been increasing, especially among the City’s youth.

Hookah or water pipe smoking involves heating “shisha”, which is typically composed of a wad of tobacco and/or other flavored or unflavored leafy substances, over burning charcoal, to create smoke that travels through a pipe immersed in cooling water, and that is inhaled by the smoker through a mouthpiece.  Regardless of whether the shisha contains tobacco, hookah smoking poses significant health risks to smokers and nonsmokers, including employees at establishments that serve hookah. Hookah smoking produces emissions from burning charcoal. The charcoal creates health hazards for smokers and those exposed to secondhand smoke by emitting carbon monoxide, fine particulate matter, and various toxicants. In addition, smoking non-tobacco shisha has been shown to emit harmful substances equal to or greater than quantities emitted by smoking tobacco-containing shisha, including carbon monoxide, polycyclic aromatic hydrocarbons, fine particulate matter, tar, and volatile aldehydes.

While risks associated with non-tobacco hookah smoking are established, air quality in the City’s hookah establishments is compromised further by evidence that many of them have been found to be serving shisha that contains tobacco. Tobacco-containing shisha has been shown to emit phenols, nicotine, and NNAL, a tobacco-specific nitrosamine. Therefore, unsuspecting patrons of hookah establishments may be smoking tobacco unwittingly, in addition to the harmful substances emitted by charcoal and shisha. To address these concerns, Local Law 187 of 2017 amended the SFAA to ban the smoking of non-tobacco shisha except at existing establishments that require a permit from the Department.  Local Law 190 of 2017 also requires establishments where non-tobacco shisha may be smoked to post signage developed by the Department that warns of its risks. These proposed amendments implement these laws, which prohibit smoking of tobacco-containing shisha at any existing non-tobacco hookah smoking establishment and only allow the smoking of non-tobacco shisha at establishments permitted by the department.

Furthermore, given the health risks posed by non-tobacco smoking, Local Law 191 increases the minimum age for legal sales to 21 years of age for non-tobacco smoking products, including shisha that does not contain tobacco, pipes, water pipes, rolling papers, and herbal cigarettes. 

Proposed Amendments

These proposed amendments implement Local Laws 187 and 190 and set forth requirements for obtaining a permit to operate a non-tobacco hookah establishment in the City. The rules address the significant health hazards posed by hookah smoking by:

(1) protecting the integrity of the City’s Smoke-Free Air Act, which was intended to provide all New Yorkers with access to clean air in public places and workplaces by discouraging smoking and reducing exposure to secondhand smoke for nonsmokers;

(2) continuing the City’s efforts to de-normalize smoking and reduce tobacco dependence; and

(3) restricting access to establishments where non-tobacco hookah smoking can take place to persons over 21 years of age.

These proposed amendments also implement Local Law 191 and set forth the required language for a sign regarding the minimum legal sales age of 21 for the sale of tobacco products, electronic cigarettes, non-tobacco smoking products, and smoking paraphernalia that must be posted in a place of business where such products are sold.

Statutory Authority

The Department’s authority for these rules is found in section 1043 of the New York City Charter and sections 17-513 and 17-706 of the New York City Administrative Code.

  

Subject: 

Proposal to amend Chapter 10 of Title 24 (“Smoke-Free Air Act”) to establish requirements for a business to obtain a permit to operate a non-tobacco hookah establishment in the City.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 14th Floor, Room 14-31
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 
 
 

Statement of Basis and Purpose

 

 Background

Pursuant to amendments to Social Services Law Section 390-j effective December 31, 2017, the Department is required to issue performance summary cards to child care programs, and to adopt related rules. These amendments were enacted by Chapter 513 of the Laws of 2016.

Amendments

The Department is adding a new Chapter 3 to Title 24 of the Rules of the City of New York to provide for the issuance of performance summary cards to child care programs, to provide parents with information they may wish to consider in selecting a child care provider. In order to provide for consistency of fines, Chapter 3 also specifies fixed penalties applicable to certain violations of the Chapter or of Article 47 of the New York City Health Code.

Statutory Authority

This amendment to Title 24 of the Rules of the City of New York is promulgated pursuant to Sections 556 and 1043 of the New York City Charter, and Section 390-j of the New York Social Services Law, as enacted by Chapter 513 of the Laws of 2016. Section 556 of the Charter authorizes the Department of Health and Mental Hygiene (“the Department”) to regulate all matters pertaining to the health in the City. Section 1043 of the Charter authorizes the Department to adopt rules necessary to carry out the powers and duties delegated to it by or pursuant to a State law. Section 390-j of the Social Services Law requires the Department to adopt rules regarding the issuance of performance summary cards to child care programs.

 

 

Effective Date: 
Mon, 01/29/2018

Proposed Rules: Closed to Comments (View Public Comments Received:5)

Agency:
Comment By: 
Monday, December 18, 2017
Proposed Rules Content: 
 
 

Statement of Basis and Purpose

 

Background

Pursuant to amendments to Social Services Law Section 390-j that take effect on December 31, 2017, the Department is required to issue performance summary cards to child care programs, and to adopt related regulations. These amendments were enacted by Chapter 513 of the Laws of 2016.

 

Proposed Changes

The Department is proposing to add a new Chapter 3 to Title 24 of the Rules of the City of New York to provide for the issuance of performance summary cards to child care programs, to provide parents with information they may wish to consider in selecting a child care provider. In order to provide for consistency of fines, Chapter 3 also specifies fixed penalties applicable to certain violations of the Chapter or of Article 47 of the New York City Health Code.

 

Statutory Authority

This amendment to Title 24 of the Rules of the City of New York is promulgated pursuant to Sections 556 and 1043 of the New York City Charter, and Section 390-j of the New York Social Services Law, as enacted by Chapter 513 of the Laws of 2016. Section 556 of the Charter authorizes the Department of Health and Mental Hygiene (“the Department”) to regulate all matters pertaining to the health in the City. Section 1043 of the Charter authorizes the Department to adopt rules necessary to carry out the powers and duties delegated to it by or pursuant to a State law. Section 390-j of the Social Services Law requires the Department to adopt rules regarding the issuance of performance summary cards to child care programs.

 

 

Subject: 

Proposal to add a new Chapter 3 (“Performance Summary Cards and Penalties for Child Care Programs”) to Title 24 of the Rules of the City of New York to implement the performance summary card requirements set forth in Section 390-j of the New York Social Services Law.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 14th Floor, Room 14-31
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or ResolutionComments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Monday, December 11, 2017
Proposed Rules Content: 
 

Statement of Basis and Purpose

 

Background

Local Laws 5, 7 and 8 of 2015, as amended by Local Laws 53 and 55 of 2015, added a new Chapter 17 and amended Chapters 3 and 8 of Title 17 of the Administrative Code regarding the sale of animals in pet shops. The Administrative Code now requires that pet shops selling dogs or cats acquire them only from holders of the United States Department of Agriculture (“USDA”) Class A licenses.  Additionally, pet shops must document and maintain information about the sources, sales, health and breeding histories of the dogs and cats they sell.  The shops must sterilize dogs and cats that are at least eight weeks old and two pounds in weight, and dogs and cats must have microchips implanted before being sold.

The Department is proposing to add a new Chapter 5 to Title 24 of the Rules of the City of New York to implement these recently enacted provisions of the Administrative Code.

In compliance with §§1043(a) and 389(b) of the New York City Charter, a notice of public hearing and notice of intent to add a new Chapter 5 (“Pet Shops”) to Title 24 of the Rules of the City of New York were published in the City Record on January 31, 2017, and a public hearing was held on March 2, 2017. No written comments were received and no individuals testified at the hearing.

Subsequent to the public hearing, however, the Department decided to revise the proposal because the USDA website has been changed and currently contains only some of the inspection reports relating Class A licensees.  As a result, the proposal has been revised to clarify the means of complying with Administrative Code §§17-1702(a) and 17-1703.

The Proposed Amendment

The Department is proposing to add a new Chapter 5 to Title 24 of the Rules of the City of New York to implement these recently enacted provisions of the Administrative Code. To implement the recordkeeping and consumer disclosure requirements of the Administrative Code, the proposed rules require pet shops to collect and maintain required information, and to provide it to prospective purchasers as mandated, using only forms provided by the Department. The forms are listed on the checklist below. Requiring standardized forms promotes compliance by assuring that pet shops completing the documents will have collected all of the information required by the Administrative Code, and facilitates Department review and pet owners’ understanding of records.

The Administrative Code directs the Department to set fees that a pet shop may collect for providing prospective purchasers with USDA inspection reports. The proposed rules set nominal copying fees of up to $.25 per page.

To enable the Department to promptly issue dog license tags to people purchasing dogs at pet shops, the proposed rules require that a pet shop submit any dog license application completed in paper copy to the Department within 10 days of the sale. Pet shops enrolled in the Department’s online dog licensing system may avoid this paperwork.

Dogs and cats offered for adoption at pet shops by permitted animal shelters and incorporated not-for-profit animal rescue groups are exempt from these new laws.  To assist enforcement officers in determining when this is the case, the proposed rules require pet shops to maintain, on site and available for inspection, a copy of the animal shelter’s permit issued by the Commissioner or the rescue group’s proof of not-for-profit status, for as long as these organizations are using the pet shop’s space.

The changes made to the proposed rule subsequent to the public hearing would clarify the means of complying with relevant provisions of Administrative Code Sections 17-1702 and 17-1703.  The Department welcomes comments from the public regarding this change.

Finally, these provisions do not apply when a cat or dog is sold by a person who breeds and sells fewer than a total of 25 dogs and cats per calendar year directly from where such dogs and cats are born and raised on the breeder’s residential premises.

The Administrative Code establishes penalties of $500 per violation per day.

Below is a summary of the documents that would satisfy the requirements of the proposed rule:

 

Checklist of Required Documents

 

DOHMH Form Number

Document

Recordkeeping, Subject to Inspection

(Maintain for 5 years unless otherwise noted)

Provide to Purchaser

USDA, Animal and Plant Health Inspection Service (APHIS)

201-D-USDA 7001

Form 7001

201-D-USDA 7006

Form 7006

 

n/a

Copy of source’s USDA APHIS inspection reports from last 3 years

NYS Agriculture and Markets, Division of Animal Industry

204-D-AGMKT-Form A

Veterinary Health Certificate

Pet shop to keep original

 

205-D-AGMKT-Form C

Receipt

206-D-AGMKT-Form E

Information Statement

207-D-AGMKT-Form H

Pedigree (for animal capable of being registered)

(if applicable)

(if applicable)

208-D-AGMKT-Form I

Consumer Rights/NYS Article 35-D

New York City-Only Documents

209-D-VPHS-Purchaser Statement

Purchaser Statement

Maintain statement for 10 years and attachments for 5 years

n/a

Microchip usage instructions provided by the manufacturer or registration company

n/a

Sterilization Certification

(Record from the veterinarian of sterilization procedure performed on dog or cat)

n/a

Receipt log showing sale of dog license (if the pet shop does not use the online dog license system and the dog will live in NYC) 

 

213-D-VPHS-Source Affidavit

Affidavit from source

 

214-D-VPHS-38

Self-inspection of Animal Holding Facilities

 

203-D-AGMKT-Vet Care Plan

Veterinary Care Plan

 

215-D-VPHS

Pet Shop statement regarding diligent check of the USDA website

 

                                                                                                                                                                                                                                   



Subject: 

Proposed resolution to add new Chapter 5 (“Pet Shops”) to Title 24 of the Rules of the City of New York to implement the new requirements set forth in Subchapter 9 of Chapter 3, Chapter 8 and Chapter 17 of Title 17 of the Administrative Code of the City of New York.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 14th Floor, Room 14-34
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or ResolutionComments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 
 
 

Statement of Basis and Purpose

 

Chapter 11 of Title 24 of the New York City Rules applies to food service establishments and other businesses that operate pursuant to licenses and permits issued by the Department.  To conserve water, it prohibits these businesses from serving water, unless requested by a customer, and commands that they immediately repair leaks, drips, seepages and other losses of water.  The chapter establishes a penalty of $500 for a violation of its rules and provides that repeated wastes of water can result in the business being closed.    

Chapter 11 is not actively enforced by the Department. It does not issue violations to businesses for having leaky sinks, or seek to determine whether water it observes flowing “is in actual and immediate use in the conduct of the permittee’s business….”  Nor is Chapter 11 needed.  Pursuant to federal and state law, fixtures now used must meet certain flow requirements.[1]  Businesses pay for water and, thus, have a financial interest in fixing dripping and linking faucets and toilets.  Larger leaks can be addressed by the City’s Department of Environmental Protection pursuant to Administrative Code section 24-316.  In times of drought, the City has other rules that limit consumption and the Commissioner or Board of Health could through their nuisance authorities direct in such times that leaks and other seepages be immediately repaired and that restaurants stop freely serving water.  

Absent such conditions, water should be readily served.  The Department encourages New Yorkers to consume tap water as a healthier drinking option.[2]  To the extent that Chapter 11 prohibits businesses from offering water unless specifically requested, it is inconsistent with this encouragement.  Studies suggest that making heathier beverages, like water, more convenient increases their selection.[3][4][5] Freely providing water may thus lead to it being chosen over less healthy choices. 

Working with the City’s rulemaking agencies, the Law Department, and OMB, the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. Chapter 11 was identified as a chapter of rules that should be repealed through this initiative.

The Department’s authority for this repeal is found in section 1043 of the New York City Charter. Because the Department is not required to provide waivers under the CIAA, there is no reason to have public testimony on whether this rule should be repealed.  




[1] ECL section 15-0314 and 10 CRF Part 430.

[2] www1.nyc.gov/site/doh/health/health-topics/sugary-drinks.page.

[3] Thorndike AN, Riis J, Sonnenberg LM, Levy ED.  Traffic-light labels and choice architecture: promoting healthy food choices.  AJPM 2014; 46)2_143-9.

[4] Thorndike AN, Sonnenberg L, Riis J, Barraclough S, Levy DE. A 2-phase labeling and choice architecture intervention to improve healthy food and beverage choices. AJPH 2012; 102(3): 527–33.

[5] Eibel B, Mijanovich T, Abrams C, Dunn L, Nonas C, Cappola K, Onufrak S, Park S. A water availability intervention in the New York City public schools: influence on youths’ water and milk behaviors. AJPH 2015; 105(2): 365-72.

 

 

 

Effective Date: 
Sun, 12/03/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, October 20, 2017
Proposed Rules Content: 
 
 

Statement of Basis and Purpose of Proposed Rule

 

      Chapter 11 of Title 24 of the New York City Rules applies to food service establishments and other businesses that operate pursuant to licenses and permits issued by the Department.  To conserve water, it prohibits these businesses from serving water, unless requested by a customer, and commands that they immediately repair leaks, drips, seepages and other losses of water.  The chapter establishes a penalty of $500 for a violation of its rules and provides that repeated wastes of water can result in the business being closed.    

      Chapter 11 is not actively enforced by the Department. It does not issue violations to businesses for having leaky sinks, or seek to determine whether water it observes flowing “is in actual and immediate use in the conduct of the permittee’s business….”  Nor is Chapter 11 needed.  Pursuant to federal and state law, fixtures now used must meet certain flow requirements.[1]  Businesses pay for water and, thus, have a financial interest in fixing dripping and linking faucets and toilets.  Larger leaks can be addressed by the City’s Department of Environmental Protection pursuant to Administrative Code section 24-316.  In times of drought, the City has other rules that limit consumption and the Commissioner or Board of Health could through their nuisance authorities direct in such times that leaks and other seepages be immediately repaired and that restaurants stop freely serving water.  

     Absent such conditions, water should be readily served.  The Department encourages New Yorkers to consume tap water as a healthier drinking option.[2]  To the extent that Chapter 11 prohibits businesses from offering water unless specifically requested, it is inconsistent with this encouragement.  Studies suggest that making heathier beverages, like water, more convenient increases their selection.[3][4][5] Freely providing water may thus lead to it being chosen over less healthy choices. 

     Working with the City’s rulemaking agencies, the Law Department, and OMB, the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. Chapter 11 was identified as a chapter of rules that should be repealed through this initiative.

     The Department’s authority for this repeal is found in section 1043 of the New York City Charter. Because the Department is not required to provide waivers under the CIAA, there is no reason to have public testimony on whether this rule should be repealed.  




[1] ECL section 15-0314 and 10 CRF Part 430.

[2] www1.nyc.gov/site/doh/health/health-topics/sugary-drinks.page.

[3] Thorndike AN, Riis J, Sonnenberg LM, Levy ED.  Traffic-light labels and choice architecture: promoting healthy food choices.  AJPM 2014; 46)2_143-9.

[4] Thorndike AN, Sonnenberg L, Riis J, Barraclough S, Levy DE. A 2-phase labeling and choice architecture intervention to improve healthy food and beverage choices. AJPH 2012; 102(3): 527–33.

[5] Eibel B, Mijanovich T, Abrams C, Dunn L, Nonas C, Cappola K, Onufrak S, Park S. A water availability intervention in the New York City public schools: influence on youths’ water and milk behaviors. AJPH 2015; 105(2): 365-72.

 

 

Subject: 

Proposal to repeal Conservation of Water Rule - Chapter 11 to Title 24 of the Rules of the City of New York. The Department has determined that there is no public purpose to holding a hearing.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street,14th Floor, CN31
Queens, NY 11101
Contact: 

Svetlana Burdeynik, (347) 396-6078, resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:358)

Agency:
Comment By: 
Tuesday, October 24, 2017
Proposed Rules Content: 
 
 

Statement of Basis and Purpose

Introduction

            Birth and death records are protected from access by the general public because they contain individually identifiable information, which is considered private.  A birth certificate contains the first and last name of the person whose birth is being registered, date of birth, sex, home address, and mother’s maiden name.  In addition to information about the decedent, a death certificate contains the first and last name of parents, surviving spouse, and individual reporting the death.  All of this information is individually identifiable information within the meaning of Health Code section 3.25, which as the notes accompanying that section’s adoption state, “will be treated with the utmost confidentiality.”  Yet, birth and death records are also important historical documents that at some point should be available to historians and families researching their ancestries.  For this reason, Administrative Code section 17-170(b) charges the Board with deciding when the original records of births and deaths filed with the Department, and the indexes to such records, should become public records and transferred to the Department of Records and Information Services (“DORIS”).

The proposed rule amendment would, if approved by the Board of Health, amend the Health Code to establish fixed schedules for making these records public and transferring them to DORIS. Specifically, the Department is proposing that:

    • a birth record become a public record on January 31st of the year following 125 years after the date of birth, and
    • a death record becomes a public record on January 31st of the year following 75 years after the date of death.

The Department believes that these proposed schedules balance the need to protect the personal information of people who may be alive, especially as it relates to the problem of identity theft as well as other privacy issues, with the public’s right to access historically important records, including the specific interests of families, genealogists and other researchers.  The proposed schedule would also avoid the transfer of records to DORIS that are, in the Department’s experience, still subject to amendment by the individual to whom the record pertains, the Office of Chief Medical Examiner, the courts, or family members. 

If the Board adopts this proposal to commence amending the Health Code, the Department is very interested in receiving comments about the appropriateness of these time periods, in particular both from privacy groups and genealogists, and about adopting a 50-year confidentiality period for death records rather than the 75-year period proposed here. 

Background and New Requirements

Birth and death records

In New York City, as in most vital records jurisdictions nationwide, the certificate of birth collects a wealth of information, pertaining both to the person registered on the record and their family members. On the birth record, this includes: the registrant’s date of birth, location of birth, and sex; the mother’s and father’s names prior to first marriage, places of birth, and dates of birth; as well as the number of children delivered at the time of birth, and a home address.  Death certificates, in addition to presenting date and cause of death, include date of birth, location of death, names of parents, as well as information on the surviving spouse and the living person known as the  informant, including their name, relationship to decedent and mailing address.  This type of personal identifying information (“PII”) is protected in other contexts under multiple federal, State, and local privacy laws.

Necessary and appropriate use of birth and death certificates and information

Information included in birth records and actual copies of birth certifications are required by multiple governmental agencies and private entities to receive a benefit or service, or to support the issuance of other documents often used for identity purposes such as obtaining a driver’s license. Birth records are considered “foundational documents,” meaning they are often the first document obtained that enables the holder to then obtain other important documents.  For example, the information contained in a birth certificate can also be used as part of the process to get a U.S. passport or Social Security card and to access public benefits such as Medicaid.

Death records and the PII included in them are used to open or close decedents’ bank accounts, notify federal agencies such as the Internal Revenue Service and the Social Security Administration of a death, and to start the probate process in court.  They are also needed to access payments such as life insurance and various survivor’s benefits in pensions and other programs. 

Fraudulent and inappropriate use of birth and death certificates and information

            The PII found on birth and death certificates has the potential to be used in various fraudulent ways, including identity theft.  Identity theft involves appropriating PII and, in the name of that person, incurring debt, taking money from financial accounts, opening new accounts, accessing medical information or services, or receiving a tax refund, among other things.   Indeed, birth certificates are often referred to as “breeder documents” because they can be used to obtain other valid forms of identity.   Information from death certificates can be used in a similar manner, sometimes referred to as “ghosting.”     

Amendment and correction of birth and death records/issuance of new birth certificates

Birth and death certificates are considered “living” documents in that their content can be changed in certain circumstances.  Pursuant to Article 207 of the Health Code, their contents may be amended or corrected, or a new birth certificate issued, to correct errors made in the originals or to reflect changes in circumstances, such as adoption or change in gender.  These are common requests from Vital Records customers.  During the five-year period from 2012 to 2016, the Department processed 1,030 birth record corrections and amendments for individuals born in 1940 and earlier, including 24 delayed registrations of birth and amendments for individuals aged 90 and above.  During the same five year period, the Department also processed 257 death record corrections and amendments for individuals who died in 1970 and earlier.  These are legal changes to records requested by living New Yorkers or their survivors.  Pursuant to Health Code § 207.01(a), only the Commissioner of Health or his or her designee may make these changes.  Similarly, death certificates may be changed by the Office of Chief Medical Examiner when a cause or manner of death is amended, an important function as new facts come to light.  

When such changes are made to birth certificates, Administrative Code section 17-167(c) requires the substitution of the new birth record for the one on file.  The Department must place the original birth certificate under seal, which may not be broken except by order of a court of competent jurisdiction, and must provide the new birth certificate when a certified copy of the record is issued.  Amending a birth certificate after it has been released into the public domain undermines the Department’s ability to fully substitute the amended certificate for the original and effectively seal the prior records, as the law describes. Over time, multiple versions of the same birth records could even be circulating in the public domain, diminishing the reliability of these records and creating confusion around authenticity.  For these reasons, as well as similar risks to death certificates, it is important the Department not make these documents publically available while they are likely to still be amended.  

Privacy concerns

In addition to the financial and security concerns discussed above, simple privacy concerns argue for maintaining the confidentiality of birth and death certificate PII during a person’s lifetime and for an appropriate period after.  For example, a teenage mother named on the death certificate of an infant may still be alive 75 years after her infant had died or the birth certificate of a transgender person may reveal information that person may prefer to keep private, especially if the certificate has not been amended.  

New Yorkers are living longer

New Yorkers are living longer than ever before. The 2010 US Census shows that almost a half-million New Yorkers are over the age of 75.

Age

Total

75 – 79

178,019

80 – 84

142,272

85 – 89

90,375

90 – 94

37,270

95 – 99

11,665

100+

2,096

Total

461,697

 

Another half million were between the ages of 65 and 74.   Since 2010, the American Community Survey estimates that the total number of New York City residents age 75 and over had increased to more than 492,000, with more than 1.25 million over the age of 65.   In 2005, 585 New Yorkers died between the ages of 100 and 114.  In 2014, that number rose to 806 deaths between the ages of 100 and 114, a 38% increase, and in 2015 the number rose to 901.  Birth and death data should be protected to adequately reflect these trends to guard against identity theft and fraud.  

Model State Vital Statistics Act and Regulations (2011 Revision)

The Model State Vital Statistics Act and Regulations (“Model Law”)  were developed to serve as models for vital records jurisdictions in preparing their own laws and regulations.  Now in its sixth revision, the Model Law is a cooperative effort among state governments and the federal National Center for Health Statistics of the Centers for Disease Control and Prevention.  In 2011 the Model Law was revised to reflect the increase in life expectancy since the prior revision in 1992.  In order to ensure that no person’s PII becomes public prior to a person’s death, the Model Law now recommends that birth records not be released until 125 years after the date of birth and death records not be released until 75 years after the date of death.  

Proposed transfer of records

The Department proposes to adopt the Model Law as it applies to birth and death records: death records that are in the possession of the Department would be transferred to DORIS  75 years after death, and birth records in the possession of the Department would be transferred 125 years after birth.  Previously, these documents had been made public and released to DORIS at inconsistent intervals.  The earliest death records in the possession of the Department that have not been transferred to DORIS are from 1949 and would be made public beginning in 2024.  The earliest birth records in the possession of the Department that have not been transferred to DORIS are from 1910 and would be made public beginning in 2035.  The Department’s proposal is not intended to effect birth and death records already at DORIS, even if these records would not have been transferred had this proposed Health Code provision been in effect at the time of their transfer. 

Statutory Authority

Pursuant to section 556(c) of the Charter and section 17-166 of the NYC Administrative Code, the Department is responsible for supervising and controlling the registration of births and deaths that occur in the City of New York. Section 558(c) of the Charter requires the Board to include in the Health Code provisions related to maintaining a registry of births and deaths, as well as provisions related to changes or alterations of any birth or death certificate upon proof satisfactory to the Commissioner of Health and the manner in which these certificates may be issued and otherwise examined.  Administrative Code section 17-169 and Health Code sections 3.25 and 207.11 make birth and death records confidential and restrict access to these records beyond certain classes of specified people.  Section 17-170(b) of the Administrative Code authorizes the Board to determine when birth and death records are transferred to DORIS.  And finally, section 558(b) of the Charter specifically authorizes the Board to add to, alter, and amend the Health Code.

 

Subject: 

Proposed resolution to amend Article 207 (General Vital Statistics Provisions) of the New York City Health Code to establish a schedule for making birth and death records public and transferring them to the Department of Records and Information Services (“DORIS”)

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 3rd Floor, Room 3-32
Queens, NY 11101
Contact: 

Svetlana Burdeynik, (347) 396-6078, resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Pages