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Adopted Rules: Closed to Comments

Adopted Rules Content: 
 
 

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Board is also amending subdivision (c) of §3.11 to delete a reference to Article 7 of the Health Code, which has been repealed since 2012 and making other technical edits to the section.

 

 

Effective Date: 
Fri, 10/20/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, July 26, 2017
Proposed Rules Content: 
 
 

Statement of Basis and Purpose of Proposed Rule

 

Health Code §3.11 currently limits the monetary penalty that can be imposed for a violation of the Health Code to two thousand dollars.  In egregious cases, where dangerous conduct is repeated or a violation results in serious physical 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 five thousand dollars 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 ten thousand dollars if the violation of a rule results in serious physical harm to a patient. 

 

The Department proposes that two new subdivisions be added to Health Code §3.11 to enhance penalties in similar circumstances.  Similar to Public Health Law §12, a new subdivision (d) would allow a maximum penalty of five thousand dollars for a repeat violation of any section of the Health Code that poses a serious risk of harm to others, and a new subdivision (e) would authorize a penalty of up to ten thousand dollars in cases where a violation of the Health Code causes serious physical injury to any person. The Department also proposes to amend Health Code §3.11(c) to delete a reference to Article 7 of the Health Code, which has been repealed since 2012.

 

The Board of Health’s authority to make changes to the Health Code is found in § 558 of the New York City Charter.

 

 

Subject: 

Proposed resolution to amend Article 3 (General Provisions) of the New York City Health Code to increase monetary penalties.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 14th Floor, Room 14-43
Queens, NY 11101
Contact: 

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

Download Copy of Proposed Rule (.pdf):