Int. No. 1426

By Council Members Reynoso, Levin, Adams, Brannan, Ampry-Samuel, D. Diaz, Rosenthal, Lander, Ayala, Koslowitz, Dinowitz, Louis, Gibson and the Public Advocate (Mr. Williams)

A Local Law to amend the administrative code of the city of New York, in relation to reporting on investigations initiated by the administration for children’s services resulting from drug screenings performed at facilities managed by the New York city health and hospitals corporation

Be it enacted by the Council as follows:

Section 1. Section 21-901 of the administrative code of the city of New York, as amended by local law number 44 for the year 2013, is amended by adding new definitions of “drug,” “drug  test,” “patient,” “positive test result” and “referred to ACS” in alphabetical order to read as follows:

“Drug” means any substance defined as a controlled substance in section thirty-three hundred six of the public health law.

“Drug test” means a test that examines a person's blood or urine for evidence of drugs.

“Patient” means any person currently or previously under the care of a facility operated by the New York city health and hospitals corporation and who underwent a drug test at such facility.

“Positive test result” means a drug test result that shows evidence that a drug is present in a patient’s blood or urine.

“Referred to ACS” means that a patient’s information was shared with ACS by a facility managed by the New York city health and hospitals corporation due to a positive test result on a drug test.

§ 2. Chapter 9 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-919 to read as follows:

§ 21-919 Positive drug test result screening report. a. Beginning no later than the first business day after January 1, 2019 and on the first business day after January 1 of each calendar year thereafter, ACS shall provide to the council and the mayor a report regarding the number, type and outcomes of investigations initiated by ACS during the prior calendar year as a result of positive test results from drug tests performed at facilities managed by the New York city health and hospitals corporation.

b. Such report shall be disaggregated by facility and include, at a minimum, the following information for each patient referred to ACS because of a positive test result:

1.                     The age, income range, gender and ethnicity of each patient;

2.                     The date the drug test was performed;

3.                     The date the patient was referred to ACS;

4.                     The drug or drugs identified in the drug test;

5.                     The number of investigations initiated as a result of referrals to ACS;

6.                     The type of investigation or investigations initiated;

7.                     The findings and outcome of the investigation or investigations; and

8.                     The number of referrals reported to the New York city police department or another

law enforcement agency.

§ 3. This local law takes effect immediately.

DR/GZ

LS #7633

8/10/18 4:00 PM