N.Y. Public Health Law § 12: Violations of health laws or regulations; penalties and injunctions

§ 12. Violations of health laws or regulations; penalties and

injunctions. * 1. (a) Except as provided in paragraphs (b) and (c) of

this subdivision, any person who violates, disobeys or disregards any

term or provision of this chapter or of any lawful notice, order or

regulation pursuant thereto for which a civil penalty is not otherwise

expressly prescribed by law, shall be liable to the people of the state

for a civil penalty of not to exceed two thousand dollars for every such

violation.

(b) The penalty provided for in paragraph (a) of this subdivision may

be increased to an amount not to exceed five thousand dollars for a

subsequent violation if the person committed the same violation, with

respect to the same or any other person or persons, within twelve months

of the initial violation for which a penalty was assessed pursuant to

paragraph (a) of this subdivision and said violations were a serious

threat to the health and safety of an individual or individuals.

(c) The penalty provided for in paragraph (a) of this subdivision may

be increased to an amount not to exceed ten thousand dollars if the

violation directly results in serious physical harm to any patient or

patients.

Effective on and after April first, two thousand eight the comptroller

is hereby authorized and directed to deposit amounts collected in excess

of two thousand dollars per violation to the patient safety center

account to be used for purposes of the patient safety center created by

title two of article twenty-nine-D of this chapter.

* NB Effective until April 1, 2029

* 1. Any person who violates, disobeys or disregards any term or

provision of this chapter or of any lawful notice, order or regulation

pursuant thereto for which a civil penalty is not otherwise expressly

prescribed by law, shall be liable to the people of the state for a

civil penalty of not to exceed two thousand dollars for every such

violation.

* NB Effective April 1, 2029

2. The penalty provided for in subdivision one of this section may be

recovered by an action brought by the commissioner in any court of

competent jurisdiction.

3. Nothing in this section contained shall be construed to alter or

repeal any existing provision of law declaring such violations or any of

them to be misdemeanors or felonies or prescribing the penalty therefor.

4. Such civil penalty may be released or compromised by the

commissioner before the matter has been referred to the attorney

general, and where such matter has been referred to the attorney

general, any such penalty may be released or compromised and any action

commenced to recover the same may be settled and discontinued by the

attorney general with the consent of the commissioner.

5. It shall be the duty of the attorney general upon the request of

the commissioner to bring an action for an injunction against any person

who violates, disobeys or disregards any term or provision of this

chapter or of any lawful notice, order or regulation pursuant thereto;

provided, however, that the commissioner shall furnish the attorney

general with such material, evidentiary matter or proof as may be

requested by the attorney general for the prosecution of such an action.

6. It is the purpose of this section to provide additional and

cumulative remedies, and nothing herein contained shall abridge or alter

rights of action or remedies now or hereafter existing, nor shall any

provision of this section, nor any action done by virtue of this

section, be construed as estopping the state, persons or municipalities

in the exercising of their respective rights to suppress nuisances or to

prevent or abate pollution.