File #: Int 0458-2022    Version: * Name: Requiring the department of health and mental hygiene to maintain language access services for abortion providers.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Women and Gender Equity
On agenda: 6/2/2022
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of health and mental hygiene to maintain language access services for abortion providers
Sponsors: Adrienne E. Adams, Farah N. Louis, Crystal Hudson, Justin L. Brannan, Shahana K. Hanif, Selvena N. Brooks-Powers, Gale A. Brewer, Rita C. Joseph, Sandy Nurse, Sandra Ung, Jennifer Gutiérrez, Shaun Abreu, Lincoln Restler, Julie Won, Erik D. Bottcher, Alexa Avilés, Tiffany Cabán, Amanda Farías, Chi A. Ossé, Carmen N. De La Rosa, Eric Dinowitz, Mercedes Narcisse, Christopher Marte, Shekar Krishnan, Diana I. Ayala, Nantasha M. Williams, Carlina Rivera , Keith Powers
Council Member Sponsors: 28
Summary: This bill would require the Department of Health and Mental Hygiene (DOHMH) to maintain prompt languages access services, defined as interpretation or translation services, for an abortion provider to ensure an individual obtaining an abortion communicates with an abortion provider in their preferred language. This bill would also require DOHMH to annually report on the language access services to the Mayor and the Speaker of the Council and post such report on its website.
Indexes: Agency Rule-making Required, Report Required
Attachments: 1. Summary of Int. No. 458, 2. Int. No. 458, 3. June 2, 2022 - Stated Meeting Agenda, 4. Committee Report 7/1/22, 5. Hearing Testimony 7/1/22, 6. Hearing Transcript - Stated Meeting 6-2-22

Int. No. 458

 

By The Speaker (Council Member Adams) and Council Members Louis, Hudson, Brannan, Hanif, Brooks-Powers, Brewer, Joseph, Nurse, Ung, Gutiérrez, Abreu, Restler, Won, Bottcher, Avilés, Cabán, Farías, Ossé, De La Rosa, Dinowitz, Narcisse, Marte, Krishnan, Ayala, Williams, Rivera and Powers

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of health and mental hygiene to maintain language access services for abortion providers

 

Be it enacted by the Council as follows:

            Section 1. Chapter 1 of title 17 of the administrative code of the city of New York is amended by adding a new section 17-174.1 to read as follows:

§ 17-174.1 Language access services for abortion providers. a. Definitions. For purposes of this section, the following terms have the following meanings:

Abortion. The term “abortion” means (i) the procedure to terminate a pregnancy for purposes other than producing a live birth, including, but not limited to, a termination using pharmacological agents and (ii) any services related to such procedure, including, but not limited to, pre-abortion and post-abortion counseling.

Abortion provider. The term “abortion provider” includes, but is not limited to, a hospital or a licensed medical provider that is located in the city and provides abortions.

Interpretation services. The term “interpretation services” means oral, contemporaneous interpretation of oral communications.

Language access services. The term “language access services” means interpretation services or translation services.

Translation services. The term “translation services” means oral explanation or written translation of documents.

b. The department shall maintain prompt language access services for each abortion provider, including, but not limited to, any equipment or any staff necessary for such services, to ensure an individual obtaining an abortion may communicate with an abortion provider in such individual’s preferred language.

c. The department, in consultation with abortion providers, shall inform individuals seeking an abortion of the availability of language access services as required by subdivision b of this section. Nothing in this section shall preclude an individual from having an adult, including, but not limited to, a friend or a relative, accompany such individual to the abortion provider to provide language access services.

d. Beginning no later than one year after the effective date of the local law that added this section, and annually thereafter, the department shall report on the language access services as required by subdivision b of this section. The department shall submit such report to the mayor and the speaker of the council and post such report on its website. Such annual report shall include, but not be limited to, the following information for the previous calendar year:

1. A description of the language access services that the department provided to abortion providers including how many times each language was requested;

2. The timeframe it took the department to provide such language access services; and

3. Any difficulties that the department had in maintaining prompt language access services and the department’s efforts to address such difficulties.

§ 2. This local law takes effect 120 days after it becomes law, except that the commissioner of health and mental hygiene shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

 

 

 

 

NLB

LS #9137

5/18/2022