Bill Text: NY S05337 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to body imaging scanning equipment including proper registration, limitations and reporting of use.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2018-10-02 - SIGNED CHAP.313 [S05337 Detail]

Download: New_York-2017-S05337-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5337
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 22, 2017
                                       ___________
        Introduced  by Sens. HANNON, GALLIVAN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in relation to body imaging scan-
          ning equipment; and providing for the repeal of such  provisions  upon
          expiration thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 3502 of the public health law is amended by  adding
     2  a new subdivision 6 to read as follows:
     3    6. (a) (i) Notwithstanding the provisions of this section or any other
     4  provision  of  law, rule or regulation to the contrary, licensed practi-
     5  tioners, persons licensed under this article  and  unlicensed  personnel
     6  employed  at a local correctional facility may, in a manner permitted by
     7  the regulations promulgated pursuant to this subdivision,  utilize  body
     8  imaging scanning equipment that applies ionizing radiation to humans for
     9  purposes  of screening inmates committed to such facility, in connection
    10  with the implementation of such facility's security program.
    11    (ii) The utilization of such body imaging scanning equipment shall  be
    12  in  accordance  with  regulations  promulgated  by the department, or in
    13  cities having a population of two  million  or  more,  such  utilization
    14  shall be in accordance with regulations promulgated by the New York city
    15  department of health and mental hygiene.
    16    (b) Prior to establishing, maintaining or operating in a local correc-
    17  tional  facility any body imaging scanning equipment, the chief adminis-
    18  trative officer of the facility shall ensure that such  facility  is  in
    19  compliance with the regulations promulgated pursuant to this subdivision
    20  and  otherwise  applicable  requirements for the installation, registra-
    21  tion, maintenance, operation and inspection  of  body  imaging  scanning
    22  equipment.
    23    (c) The regulations promulgated pursuant to subparagraph (ii) of para-
    24  graph (a) of this subdivision shall include, but not be limited to:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10718-01-7
        S. 5337                             2
     1    (i) A requirement that prior to operating body imaging scanning equip-
     2  ment,  unlicensed  personnel  employed  at local correctional facilities
     3  shall have successfully completed a  training  course  approved  by  the
     4  department,  or  in  cities  of two million or more, approved by the New
     5  York city department of health and mental hygiene, and that such person-
     6  nel receive additional training on an annual basis;
     7    (ii) Limitations on exposure which shall be no more than fifty percent
     8  of  the annual exposure limits for non-radiation workers as specified by
     9  applicable regulations, except that inmates under the  age  of  eighteen
    10  shall  not  be subject to more than five percent of such annual exposure
    11  limits, and pregnant women shall not be subject to such scanning at  any
    12  time.  Procedures  for  identifying pregnant women shall be set forth in
    13  the regulations;
    14    (iii) Registration with the department of each body  imaging  scanning
    15  machine purchased or installed at a local correctional facility;
    16    (iv)  Inspection  and regular reviews of the use of body imaging scan-
    17  ning equipment by the department or the  New  York  city  department  of
    18  health and mental hygiene, as applicable; and
    19    (v)  A  requirement  that  records  be kept regarding each use of body
    20  imaging scanning equipment by the local correctional facility.
    21    (d) For the purpose of this subdivision, "body imaging scanning equip-
    22  ment" or "equipment" means equipment that utilizes a low dose of  ioniz-
    23  ing  radiation  to  produce  an  anatomical  image  capable of detecting
    24  objects placed on, attached to or secreted within a person's body.
    25    (e) For the purposes of this subdivision, "local correctional  facili-
    26  ty"  shall  have  the  same  meaning  as found in subdivision sixteen of
    27  section two of the correction law.
    28    (f) Any local government agency that utilizes  body  imaging  scanning
    29  equipment  in a local correctional facility under its jurisdiction shall
    30  submit an annual report to the department, the speaker of the  assembly,
    31  and  the temporary president of the senate. Such report shall be submit-
    32  ted within eighteen months after the initial  date  of  registration  of
    33  such  equipment  with the department, and annually thereafter, and shall
    34  contain the following information as to each such facility:
    35    (i) the number of times the equipment was used on inmates upon intake,
    36  after visits, and upon the suspicion of contraband, as well as any other
    37  event that triggers the use of such equipment;
    38    (ii) the average, median, and highest number of  times  the  equipment
    39  was used on any inmate, with corresponding exposure levels;
    40    (iii)  the number of times the use of the equipment detected the pres-
    41  ence of drug contraband, weapon contraband, and  any  other  illegal  or
    42  impermissible object or substance;
    43    (iv)  incidents  or  any injuries or illness resulting from the use of
    44  such equipment or reported by persons scanned by such equipment; and
    45    (v) any other information the department may reasonably require.
    46    § 2. This act shall take effect on the one hundred twentieth day after
    47  it shall have become a law; provided,  however,  that,  effective  imme-
    48  diately,  the  addition, amendment, and/or repeal of any rules and regu-
    49  lations necessary to implement the provisions of this act on its  effec-
    50  tive date are directed to be completed on or before such effective date;
    51  and  provided further, that this act shall expire and be deemed repealed
    52  five years after such effective date.