New York Consolidated Laws

N.Y. Public Health Law § 12 (2026)

Violations of health laws or regulations; penalties and injunctions

✓ current as of May 2026

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§ 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, 2026
  * 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, 2026
  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.

Notes of Decisions

Cited in 21 cases (4 in the last 5 years), 1976–2026 · leading case: Fair Price Med. Supply Corp. v. ELRAC Inc., 12 Misc. 3d 119 (N.Y. App. Term. 2006).

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Fair Price Med. Supply Corp. v. ELRAC Inc., 12 Misc. 3d 119 (N.Y. App. Term. 2006). · cites it 2× “Indeed, if a health care provider makes a prohibited referral, the health care provider could be subject to civil and criminal penalties (see Public Health Law §§ 12, 12-b; see generally Public Health Law § 238-a).”

Einaugler v. Supreme Court of New York, 109 F.3d 836 (2d Cir. 1997). · cites it 3× “20 and of willful patient neglect in violation of N.Y. Public Health Law § 12 -b. In his habeas petition challenging the conviction, Einaugler argued (1) that there was insufficient evidence at trial to establish the elements of reckless endangerment or patient neglect beyond a…”

NLRB v. State of NY, 436 F. Supp. 335 (E.D.N.Y 1977). · cites it 2× “On January 21 the Attorney General, pursuant to Public Health Law § 12(5), filed a complaint against Local 1115 in the Supreme Court, Suffolk County.”

Weg v. DeBuono, 269 A.D.2d 683 (N.Y. App. Div. 2000). “…[2] [d], [e]). Indeed, the penalties available in these proceedings point to this fundamental distinction (compare, Public Health Law § 12 [1]; § 206 [4] [c], with Public Health Law §§ 230-a, 230; Education Law § 6530). The fact that both proceedings involved essentially the…”

State v. Fermenta ASC Corp., 166 Misc. 2d 524 (N.Y. Sup. Ct. 1995). “A violation of the Sanitary Code, by ex-ceedance of an MCL, would expose SCWA to the risk of fine, imprisonment or both (see, Public Health Law §§ 12, 12-b, 229, 1103) as well as permit suspension or closure (see, 10 NYCRR 76.”

Doe v. Roe, 155 Misc. 2d 392 (N.Y. Sup. Ct. 1992). “(See, Public Health Law § 12 [2]; § 12-b.) Accordingly, defendant’s motion to dismiss on the grounds that no private right of action exists under Public Health Law article 27-F is denied.”

Rakstis v. Axelrod, 126 A.D.2d 901 (N.Y. App. Div. 1987). · cites it 2× “g, Public Health Law § 12 [1]; § 3391 [4]). It is clear, therefore, that the hearing could not have been conducted pursuant to both Public Health Law articles 1 and 33; it had to be conducted pursuant to one or the other.”

New York v. Local 1115 Jt. Bd., Nursing Home & Hosp. Employees Div., 412 F. Supp. 720 (E.D.N.Y 1976). “The Attorney General acted at the request of the New York State Commissioner of Health, made pursuant to New York’s Public Health Law § 12(b), 1 who advised that thousands of elderly and/or chronically ill patients of nursing homes in Nassau and Suffolk would suffer irreparable…”

Nat'l Labor Relations Bd. v. New York, 436 F. Supp. 335 (E.D.N.Y 1977). · cites it 2× “On January 21 the Attorney General, pursuant to Public Health Law § 12(5), filed a complaint against Local 1115 in the Supreme Court, Suffolk County.”

DeLaurenzo v. Nadler, 8 A.D.3d 609 (N.Y. App. Div. 2004). “Education Law § 6530 [40]; Public Health Law § 230-a [administrative penalties for professional misconduct]; Public Health Law §§ 12, 12-b). Prudenti, P.”

Doe v. Lenox Hill Hosp., 2026 NY Slip Op 50156(U) (N.Y. Sup. Ct., New York Cty. 2026). · cites it 9× “012, Defendants contend that Public Health Law § 2783(1)(b) provides the exclusive statutory remedy for a proven violation of § 2782, namely, a civil penalty "not to exceed five thousand dollars for each occurrence," recoverable pursuant to Public Health Law § 12. They argue…”

Rakstis v. Axelrod, 503 N.E.2d 111 (NY 1986). · cites it 3× “Inasmuch as this was clearly an administrative proceeding to impose a fine, the Commissioner’s authority was derived from Public Health Law § 12, and the governing procedural rules, if any, must be found in the related prescriptions of Public Health Law § 12-a.”

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— N.Y. Public Health Law § 12(5) — 2 cases

NLRB v. State of NY, 436 F. Supp. 335 (E.D.N.Y 1977). “On January 21 the Attorney General, pursuant to Public Health Law § 12(5), filed a complaint against Local 1115 in the Supreme Court, Suffolk County.”

Nat'l Labor Relations Bd. v. New York, 436 F. Supp. 335 (E.D.N.Y 1977). “On January 21 the Attorney General, pursuant to Public Health Law § 12(5), filed a complaint against Local 1115 in the Supreme Court, Suffolk County.”

— N.Y. Public Health Law § 12(b) — 1 case

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