§ 5-271 Evidence.
RCNY § 5-271
(a)It shall be prima facie evidence that a facility has the appearance of a licensed medical facility if it has two or more of the factors listed in subparagraphs (a) through (f) of Title 20, Subchapter 17, § 20-815(g)(2) of the New York City Administrative Code.
(b)A facility's distribution of a pregnancy test kit shall not, by itself, be sufficient to establish that it has the "appearance of a licensed medical facility," provided that the test is self-administered, self-diagnosed, and self-interpreted. Notwithstanding, a facility's distribution of a pregnancy test kit – even if the pregnancy test kit was exclusively self-administered, self-interpreted, and self-diagnosed – may be relied upon, in combination with another legally permissible factor, to establish the "appearance of a licensed medical facility." (Added City Record 3/28/2016, eff. 5/27/2016)
