Section 17-339. License  


Latest version.
  • a. It shall be unlawful for any operator to assume
      control or store the medical records of any medical  facility  which  is
      discontinuing  operation  without  a  license  issued  by the department
      therefor.
        b. The commissioner shall have cognizance and control of the granting,
      issuance, transferring,  renewal,  denial,  revocation,  suspension  and
      cancellation  of  all licenses issued to operators to store and preserve
      medical records.
        c. All licenses issued pursuant to this section shall be valid for one
      year unless sooner suspended or revoked.
        d. Commissioner may impose reasonable fees for  the  license  provided
      for herein.
        e.  Each operator applying for a license or renewal thereof shall file
      an application in such form and detail as the commissioner may prescribe
      and shall pay the fee required by this  section.  In  addition  to  such
      information  required by the commissioner, any application for a license
      or renewal thereof shall contain information which will demonstrate  the
      operator's  ability  to  properly  maintain  and  store  medical records
      pursuant to the state approved plan.
        f. The New York city department of records  and  information  services
      shall  investigate,  inspect  and monitor the operations of the operator
      and  shall  recommend  to  the  commissioner  the  granting,   issuance,
      transferring, renewal, denial, cancellation, revocation or suspension of
      the license of an operator.
        g.  The  commissioner  may revoke or suspend a license and/or impose a
      penalty not exceeding five hundred dollars on a licensee and/or deny  an
      application for a license if, after notice and hearing, the commissioner
      finds that a licensee or applicant has:
        1. made a material misstatement or misrepresentation on an application
      for a license or renewal; or
        2.  violated  any  provision of this section or any rule or regulation
      promulgated pursuant to the provisions of this section; or
        3. failed or refused to  pay  any  penalty  imposed  pursuant  to  the
      provisions of this section; or
        4. failed to properly maintain medical records or to make such records
      available as provided by law.