§ 12 — Violations of health laws or regulations; penalties and injunctions

New York § 12

• Jurisdiction: New York
• Law PBH: Public Health
• Title 2: General Provisions
• Art. 1: Short Title and Definitions: General Provisions

Text

§ 12. Violations of health laws or regulations; penalties and\ninjunctions. * 1. (a) Except as provided in paragraphs (b) and (c) of\nthis subdivision, any person who violates, disobeys or disregards any\nterm or provision of this chapter or of any lawful notice, order or\nregulation pursuant thereto for which a civil penalty is not otherwise\nexpressly prescribed by law, shall be liable to the people of the state\nfor a civil penalty of not to exceed two thousand dollars for every such\nviolation.\n (b) The penalty provided for in paragraph (a) of this subdivision may\nbe increased to an amount not to exceed five thousand dollars for a\nsubsequent violation if the person committed the same violation, with\nrespect to the same or any other person or persons, within twelve months\nof the initial violation for which a penalty was assessed pursuant to\nparagraph (a) of this subdivision and said violations were a serious\nthreat to the health and safety of an individual or individuals.\n (c) The penalty provided for in paragraph (a) of this subdivision may\nbe increased to an amount not to exceed ten thousand dollars if the\nviolation directly results in serious physical harm to any patient or\npatients.\n Effective on and after April first, two thousand eight the comptroller\nis hereby authorized and directed to deposit amounts collected in excess\nof two thousand dollars per violation to the patient safety center\naccount to be used for purposes of the patient safety center created by\ntitle two of article twenty-nine-D of this chapter.\n * NB Effective until April 1, 2026\n * 1. Any person who violates, disobeys or disregards any term or\nprovision of this chapter or of any lawful notice, order or regulation\npursuant thereto for which a civil penalty is not otherwise expressly\nprescribed by law, shall be liable to the people of the state for a\ncivil penalty of not to exceed two thousand dollars for every such\nviolation.\n * NB Effective April 1, 2026\n 2. The penalty provided for in subdivision one of this section may be\nrecovered by an action brought by the commissioner in any court of\ncompetent jurisdiction.\n 3. Nothing in this section contained shall be construed to alter or\nrepeal any existing provision of law declaring such violations or any of\nthem to be misdemeanors or felonies or prescribing the penalty therefor.\n 4. Such civil penalty may be released or compromised by the\ncommissioner before the matter has been referred to the attorney\ngeneral, and where such matter has been referred to the attorney\ngeneral, any such penalty may be released or compromised and any action\ncommenced to recover the same may be settled and discontinued by the\nattorney general with the consent of the commissioner.\n 5. It shall be the duty of the attorney general upon the request of\nthe commissioner to bring an action for an injunction against any person\nwho violates, disobeys or disregards any term or provision of this\nchapter or of any lawful notice, order or regulation pursuant thereto;\nprovided, however, that the commissioner shall furnish the attorney\ngeneral with such material, evidentiary matter or proof as may be\nrequested by the attorney general for the prosecution of such an action.\n 6. It is the purpose of this section to provide additional and\ncumulative remedies, and nothing herein contained shall abridge or alter\nrights of action or remedies now or hereafter existing, nor shall any\nprovision of this section, nor any action done by virtue of this\nsection, be construed as estopping the state, persons or municipalities\nin the exercising of their respective rights to suppress nuisances or to\nprevent or abate pollution.\n