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What is NYC AC § 20-620?

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This section provides definitions for terms related to language assistance services in pharmacies, including 'chain pharmacy', 'competent oral interpretation', and 'limited English proficient individual'. The Department of City Planning is responsible for determining pharmacy primary languages. Applies to pharmacies serving limited English proficient individuals in New York City.

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§ 20-620 Definitions.

AC § 20-620

For the purposes of this subchapter, the following terms shall have the following meanings: a. "Chain pharmacy" shall mean any pharmacy that is part of a group of four or more establishments that (1) conduct business under the same business name or (2) operate under common ownership or management or pursuant to a franchise agreement with the same franchisor. b. "Competent oral interpretation" shall mean oral communication in which (1) a person acting as an interpreter comprehends a spoken message and re-expresses that message accurately in another language, utilizing all necessary pharmaceutical- and health-related terminology; (2) a bilingual pharmacy staff member communicates proficiently with an LEP individual in the LEP individual's primary language utilizing all necessary pharmaceutical- and health-related terminology; or (3) a person acting as an interpreter or a bilingual pharmacy staff member accurately translates a written document orally for an LEP individual utilizing all necessary pharmaceutical- and health-related terminology. c. "Competent translation" shall mean written communication in which a person or device translates a written message and re-writes that message accurately in another language. d. "Language assistance services" shall mean competent oral interpretation and/or competent translation provided to a limited English proficient individual in his or her primary language to ensure that such individual understands medication labels, warning labels and instructions for drug usage. e. "Limited English proficient individual" or "LEP individual" shall mean an individual who identifies as being, or is evidently, unable to speak, read or write English at a level that permits such individual to understand health-related and pharmaceutical information communicated in English. f. "Other written material" shall mean any written material other than a prescription label or warning label that the pharmacy considers vital to an LEP individual's safe and effective use of prescription medications. g. "Pharmacy" shall mean any retail establishment that is located within the city of New York in which prescription drugs are sold. h. "Pharmacy primary languages" shall mean the top seven languages spoken by LEP individuals in New York city, as determined biennially by the department of city planning based on data from the American Community Survey and made available to each chain pharmacy. i. "Primary language" shall mean the language identified by an LEP individual as the language to be used in communicating with such individual. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/055.

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