S T A T E O F N E W Y O R K
________________________________________________________________________
5978
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
___________
Introduced by M. of A. TOWNS -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to the unauthorized
administration of an ultrasound
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6509 of the education law is amended by adding a
new subdivision 8-a to read as follows:
(8-A) ISSUING AN ORDER OR A REFERRAL FOR ADMINISTRATION OF AN ULTRA-
SOUND IN VIOLATION OF SECTION SIXTY-FIVE HUNDRED TWELVE-A OF THIS ARTI-
CLE.
S 2. The education law is amended by adding a new section 6512-a to
read as follows:
S 6512-A. UNAUTHORIZED ADMINISTRATION OF AN ULTRASOUND. 1. ONLY A
PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE PURSUANT TO
ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE, OR REGISTERED TO PERFORM
MEDICAL SERVICES PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS
TITLE, OR CERTIFIED TO PRACTICE AS A NURSE PRACTITIONER PURSUANT TO
ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE, OR LICENSED TO PRACTICE
AS A MIDWIFE PURSUANT TO ARTICLE ONE HUNDRED FORTY OF THIS TITLE MAY
ISSUE AN ORDER OR A REFERRAL FOR THE ADMINISTRATION OF AN ULTRASOUND
UPON A PREGNANT WOMAN, SUBJECT, HOWEVER, TO ANY REQUIREMENT IN ANY SUCH
ARTICLE IN RESPECT TO THE SUPERVISION BY, OR CONSULTATION OR COLLAB-
ORATION WITH A PHYSICIAN.
2. NO ORDER OR REFERRAL FOR THE ADMINISTRATION OF AN ULTRASOUND
SUBJECT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL BE
ISSUED FOR ENTERTAINMENT PURPOSES OR FOR ANY OTHER PURPOSE WHICH IS NOT
WARRANTED BY THE CONDITION OF THE PATIENT.
3. ANY PERSON, EXCEPT A PERSON AUTHORIZED TO ISSUE AN ORDER OR A
REFERRAL PURSUANT TO SUBDIVISION ONE OF THIS SECTION, WHO ADMINISTERS AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08608-01-9
A. 5978 2
ULTRASOUND UPON A PREGNANT WOMAN WITHOUT SUCH AN ORDER OR REFERRAL SHALL
BE GUILTY OF A CLASS A MISDEMEANOR.
S 3. Subdivision 1 of section 6514 of the education law, as amended by
chapter 606 of the laws of 1991, is amended to read as follows:
1. All alleged violations of [sections] SECTION sixty-five hundred
twelve, SIXTY-FIVE HUNDRED TWELVE-A or sixty-five hundred thirteen of
this article shall be reported to the department which shall cause an
investigation to be instituted. All alleged violations of section
sixty-five hundred thirty-one of [the education law] THIS TITLE shall be
reported to the department of health which shall cause an investigation
to be instituted. If the investigation substantiates that violations
exist, such violations shall be reported to the attorney general with a
request for prosecution.
S 4. Subdivision 1 of section 6516 of the education law, as added by
chapter 615 of the laws of 2003, is amended to read as follows:
1. Issuance of cease and desist order. Whenever the department has
reasonable cause to believe that any person has violated any provision
of section sixty-five hundred twelve, SIXTY-FIVE HUNDRED TWELVE-A or
sixty-five hundred thirteen of this article, the department may issue
and serve upon such person a notice to cease and desist from such
violation. Such cease and desist order shall be served personally by the
department. If personal service can not be made after due diligence and
such fact is certified under oath, a copy of the order shall be made by
certified mail, return receipt requested, to the person's last known
address by the department.
S 5. Section 6530 of the education law is amended by adding a new
subdivision 35-a to read as follows:
35-A. ISSUING AN ORDER OR A REFERRAL FOR THE ADMINISTRATION OF AN
ULTRASOUND IN VIOLATION OF SECTION SIXTY-FIVE HUNDRED TWELVE-A OF THIS
TITLE.
S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.