§ 17-335 Inhalation therapy.
AC § 17-335
a. Definitions. Whenever used in this section, the following terms shall mean and include: 1. "Inhalation therapy." The therapeutic use of oxygen, helium, carbon dioxide or other gas or gases for a human being.
2."Inhalation therapy service." The furnishing of gas and complete inhalation therapy equipment, with or without a technician to administer or operate the same, or the furnishing, with one or more other persons, of such gas and complete equipment, or the furnishing of a supervising technician or technician to operate inhalation therapy equipment.
3."Purveyor." A person who directly or indirectly engages in the business of supplying inhalation therapy service or who holds himself or herself out, directly or indirectly, or by a sign, stationery, business card, billhead, advertisement or otherwise as being engaged in the business of supplying inhalation therapy service. The term "purveyor" shall not include a hospital or other institution subject to visitation or inspection by the state department of social services, pursuant to section four hundred sixty-c of the social services law, a hospital or other institution operated by the city, or a manufacturer or distributor of gas or inhalation therapy equipment, unless such manufacturer or distributor supplies inhalation therapy service consisting of gas and complete inhalation equipment, with or without, a technician to operate the same, or a technician to operate inhalation therapy equipment.
4."Supervising technician." A person who is the technical supervisor or director of the inhalation therapy service of a purveyor and who supervises the technicians who operate the inhalation therapy equipment of such purveyor or for such purveyor.
5."Technician." A person who operates inhalation therapy equipment of a purveyor or for a purveyor under the supervision of a supervising technician. The terms "supervising technician" shall not include any person administering any gas (a) for emergency first aid, (b) for emergency resuscitation, (c) in conjunction with or during lawful administration of an anesthetic, (d) in a hospital or other institution subject to visitation or inspection by the state department of social services, pursuant to section four hundred sixty-c of the social services law, or (e) in a hospital or other institution operated by the city. b. Purveyors' licenses, supervising technicians' and technicians' certificates of competency.
1.It shall be unlawful for any person to be a purveyor without a license therefor and it shall be unlawful for any person to be a supervising technician or technician without a certificate of competency therefor.
6.Where the applicant is a non-profit organization or an employee of such organization and the activity for which the license is required, is operated or is to be operated on a non-profit basis, the commissioner may in his or her discretion waive the payment of any of the fees prescribed by this section for such licenses issued by him or her. c. Commissions prohibited. For the better protection and preservation of the public health, safety and welfare of the city and its inhabitants, it shall be unlawful for any purveyor, supervising technician or technician, directly or indirectly, to pay or give, permit or cause to be paid or given, or offer to pay or give to any person, or for any person, directly or indirectly, to request, receive or accept from any purveyor, supervising technician or technician any sum of money, credit or other valuable consideration as a commission, discount or gratuity for: 1. Recommending or procuring the inhalation therapy service of such purveyor for any other person, or 2. Directing patronage or clientele to such purveyor, or 3. Influencing any person to refrain from using or utilizing the inhalation therapy service or equipment of any other purveyor or person. The provisions of this subdivision shall be inapplicable to: 1. Compensation paid by a purveyor to his or her bona fide employees or for bona fide advertising.
