US Laws, Codes, Statutes & Cases

 
    § 6-125. a. For the purposes of this section only, the following terms
  shall have the following meanings:
    (1)  "City  agency"  means  a  city,  county, borough, administration,
  department, division bureau, board  or  commission,  or  a  corporation,
  institution  or  agency  of government the expenses of which are paid in
  whole or in part from the city  treasury,  but  shall  not  include  the
  health and hospitals corporation.
    (2) "Covered agreement" means any agreement, including but not limited
  to, memoranda of understanding, and excluding contracts, entered into on
  or  after  the  effective date of the local law that added this section,
  between a hospital and a city agency.
    (3) "Covered contract" means any contract entered into on or after the
  effective date of the local law  that  added  this  section,  between  a
  hospital and a city agency.
    (4)  "Emergency  contraception"  shall  mean  one or more prescription
  drugs, used separately or in  combination,  to  be  administered  to  or
  self-administered  by  a  patient  in  a  dosage  and manner intended to
  prevent pregnancy when used within a  medically  recommended  amount  of
  time  following  sexual  intercourse  and  dispensed for that purpose in
  accordance with professional standards of practice, and which  has  been
  found safe and effective for such use by the United States food and drug
  administration.
    (5)  "Hospital" means any facility operating pursuant to article 28 of
  the public health law which provides emergency medical care.
    (6) "Rape victim" means any female person who alleges or is alleged to
  have been raped and presents to a hospital.
    b. No city agency shall enter into  a  covered  agreement  or  covered
  contract  with  any  hospital  that does not contain a provision whereby
  such hospital agrees to inform rape victims presenting to its  emergency
  department  of  the  availability  of  emergency  contraception  and, if
  requested, to administer, if medically appropriate,  such  contraception
  in a timely manner.
    c.  No  city  agency  shall  enter into a covered agreement or covered
  contract with any hospital that does not  contain  a  provision  whereby
  such  hospital  agrees  to  provide  the department of health and mental
  hygiene,  on  an  annual  basis,  a  report  indicating  the   following
  information with respect to each reporting period: i) the number of rape
  victims  treated in such hospital's emergency department; ii) the number
  of rape victims treated in such hospital's  emergency  department  which
  were  offered  emergency  contraception; iii) the number of rape victims
  treated  in  such  hospital's  emergency   department   for   whom   the
  administration  of  emergency  contraception was not medically indicated
  and a brief explanation of the contraindication; and iv) the  number  of
  times  emergency contraception was accepted or declined by a rape victim
  treated in such hospital's emergency department.
    d. No city agency shall enter into  a  covered  agreement  or  covered
  contract  with  any  hospital  that does not contain a provision whereby
  such hospital agrees to provide the  department  of  health  and  mental
  hygiene  with  a copy of its protocol for treatment of victims of sexual
  assault, which hospitals are required to establish pursuant  to  section
  405.19  of  title 10 of the codes, rules and regulations of the state of
  New York; provided however, that such  hospital  shall  be  required  to
  provide  such  protocol upon amendment or renewal of a covered agreement
  or covered contract only if such protocol has  been  amended  since  the
  date  such  hospital  initially  entered  into such covered agreement or
  covered contract.
    e. A hospital shall be liable for a civil penalty  of  not  less  than
  five  thousand  dollars upon a determination that such hospital has been

  found, through litigation or arbitration, to have  made  a  false  claim
  with  respect  to its provision of information to rape victims regarding
  the  availability  of  emergency  contraception  or  its  provision   of
  emergency  contraception,  if  medically indicated, to rape victims in a
  timely manner.