S T A T E O F N E W Y O R K
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8002
2015-2016 Regular Sessions
I N A S S E M B L Y
June 3, 2015
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Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the use of body
scanners in local correctional facilities; 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:
Section 1. Section 3502 of the public health law is amended by adding
a new subdivision 6 to read as follows:
6. (A) (I) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, LICENSED PRACTI-
TIONERS, PERSONS LICENSED UNDER THIS ARTICLE AND UNLICENSED PERSONNEL
EMPLOYED AT A LOCAL CORRECTIONAL FACILITY MAY UTILIZE BODY IMAGING SCAN-
NING EQUIPMENT FOR PURPOSES OF SCREENING PERSONS COMMITTED TO SUCH
FACILITY, IN CONNECTION WITH THE IMPLEMENTATION OF SUCH FACILITY'S SECU-
RITY PROGRAM.
(II) SUCH UTILIZATION SHALL BE IN ACCORDANCE WITH A PLAN OR PROTOCOL
APPROVED BY THE DEPARTMENT, OR IN CITIES OF A POPULATION OF TWO MILLION
OR MORE, IT SHALL BE IN ACCORDANCE WITH A PLAN OR PROTOCOL APPROVED BY
THE LOCAL HEALTH DEPARTMENT.
(B) PRIOR TO ESTABLISHING, MAINTAINING OR OPERATING IN A LOCAL CORREC-
TIONAL FACILITY ANY BODY IMAGING SCANNING EQUIPMENT, THE CHIEF ADMINIS-
TRATIVE OFFICER OF THE FACILITY SHALL ENSURE THAT SUCH FACILITY IS IN
COMPLIANCE WITH OTHERWISE APPLICABLE REQUIREMENTS CONSISTENT WITH THIS
SUBDIVISION FOR THE REGISTRATION, MAINTENANCE, OPERATION AND INSPECTION
OF INSTALLATION WITH RADIATION EQUIPMENT.
(C) (I) PRIOR TO OPERATING BODY IMAGING SCANNING EQUIPMENT, UNLICENSED
PERSONNEL EMPLOYED AT LOCAL CORRECTIONAL FACILITIES SHALL HAVE SUCCESS-
FULLY COMPLETED A TRAINING COURSE APPROVED BY THE DEPARTMENT, OR IN
CITIES OF TWO MILLION OR MORE, APPROVED BY THE LOCAL HEALTH DEPARTMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11119-04-5
A. 8002 2
(II) NO PERSON WHO OPERATES OR WHO IS SCANNED BY THE BODY IMAGING
SCANNING EQUIPMENT SHALL BE EXPOSED TO MORE THAN FIFTY PER CENT OF THE
ANNUAL EXPOSURE LIMITS FOR MANMADE RADIATION AS SPECIFIED BY APPLICABLE
REGULATIONS.
(D) FOR THE PURPOSE OF THIS SUBDIVISION, "BODY IMAGING SCANNING EQUIP-
MENT" OR "EQUIPMENT" MEANS EQUIPMENT THAT UTILIZES A LOW DOSE OF IONIZ-
ING RADIATION TO PRODUCE AN ANATOMICAL IMAGE CAPABLE OF DETECTING
OBJECTS PLACED ON, ATTACHED TO OR SECRETED WITHIN A PERSON'S BODY.
(E) FOR THE PURPOSES OF THIS SUBDIVISION, "LOCAL CORRECTIONAL FACILI-
TY" SHALL HAVE THE SAME MEANING AS FOUND IN SUBDIVISION SIXTEEN OF
SECTION TWO OF THE CORRECTION LAW.
(F) ANY LOCAL GOVERNMENT AGENCY THAT UTILIZES BODY IMAGING SCANNING
EQUIPMENT IN ANY LOCAL CORRECTIONAL FACILITY UNDER ITS JURISDICTION
SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT, THE SPEAKER OF THE
ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE. SUCH REPORT SHALL
BE SUBMITTED WITHIN EIGHTEEN MONTHS AFTER THE INITIAL DATE OF REGISTRA-
TION AND ANNUALLY THEREAFTER AND SHALL CONTAIN THE FOLLOWING INFORMATION
AS TO EACH SUCH FACILITY:
(I) THE NUMBER OF TIMES THE EQUIPMENT WAS USED ON INMATES UPON INTAKE,
AFTER VISITS, AND UPON THE SUSPICION OF CONTRABAND, AS WELL AS ANY OTHER
EVENT THAT TRIGGERS THE USE OF SUCH EQUIPMENT;
(II) THE AVERAGE, MEDIAN, AND HIGHEST NUMBER OF TIMES THE EQUIPMENT
WAS USED ON ANY INDIVIDUAL;
(III) THE NUMBER OF TIMES THE USE OF THE EQUIPMENT DETECTED DRUG
CONTRABAND, WEAPON CONTRABAND, AND ANY OTHER CATEGORY OF CONTRABAND;
(IV) INCIDENTS OTHERWISE REPORTABLE BY THE LOCAL CORRECTIONAL FACILITY
RELATED TO, OR INJURIES RESULTING FROM, THE USE OF EQUIPMENT; AND
(V) ANY OTHER INFORMATION THE DEPARTMENT MAY REASONABLY REQUIRE.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed five years after such date.