Amendment to General Provisions (Article 3 of the NYC Health Code) Regarding Monetary Penalties

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Friday, October 20, 2017
Download Copy of Adopted Rule (.pdf): 
 
 

Statement of Basis and Purpose 

Health Code §3.11 currently limits the monetary penalty that can be imposed for a violation of the Health Code to $2,000.  In egregious cases, where dangerous conduct is repeated or a violation results in serious harm, a more severe penalty is warranted.  New York State Public Health Law § 12, for instance, authorizes the New York State Department of Health to impose a penalty of $5,000 against recidivists who violate rules in cases where the violation poses a serious threat to health or safety.  The Public Health Law also authorizes a penalty of $10,000 if the violation of a rule results in serious physical harm to a patient. 

The Board is amending Health Code §3.11 to add two new subdivisions to enhance penalties in similar circumstances.  New subdivision (d), similar to Public Health Law § 12, allows a maximum penalty of $5,000 for a repeat violation of any section of the Health Code that poses a serious risk of harm to others.  New subdivision (e) authorizes a penalty of up to $10,000 in cases where a violation of the Health Code causes serious physical injury to any person, also similar to Public Health Law § 12.

The Board is also amending subdivision (c) of §3.11 to delete a reference to Article 7 of the Health Code, which has been repealed since 2012 and making other technical edits to the section.