Assembly Bill A9674

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9674
 
                           I N  A S S E M B L Y
 
                             January 31, 2018
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend  the  correction  law  and  the public health law, in
   relation to requiring the use of body imaging scanning in correctional
   facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The correction law is amended by adding a new section 138-b
 to read as follows:
   §  138-B.  BODY  IMAGING  SCANNERS.  EVERY CORRECTIONAL FACILITY SHALL
 REQUIRE ALL VISITORS,  PERSONNEL  AND  EMPLOYEES  OF  SUCH  CORRECTIONAL
 FACILITY  TO BE SCANNED BY BODY IMAGING SCANNING EQUIPMENT IN ACCORDANCE
 WITH SUBDIVISION SIX OF SECTION THIRTY-FIVE HUNDRED TWO  OF  THE  PUBLIC
 HEALTH  LAW  BEFORE ENTERING SUCH CORRECTIONAL FACILITY. FOR PURPOSES OF
 THIS SECTION "BODY IMAGING SCANNING EQUIPMENT" SHALL HAVE THE SAME MEAN-
 ING AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION SIX  OF  SECTION  THIRTY-
 FIVE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
   §  2. Section 3502 of the public health law is amended by adding a new
 subdivision 6 to read as follows:
   6. (A) NOTWITHSTANDING THE PROVISIONS OF THIS  SECTION  OR  ANY  OTHER
 PROVISION  OF  LAW,  RULE OR REGULATION, LICENSED PRACTITIONERS, PERSONS
 LICENSED UNDER THIS ARTICLE  AND  UNLICENSED  PERSONNEL  EMPLOYED  AT  A
 CORRECTIONAL  FACILITY  MAY  UTILIZE BODY IMAGING SCANNING EQUIPMENT FOR
 PURPOSES OF SCREENING PERSONS COMMITTED TO SUCH FACILITY, IN  CONNECTION
 WITH THE IMPLEMENTATION OF SUCH FACILITY'S SECURITY PROGRAM.
   (B)  PRIOR TO ESTABLISHING, MAINTAINING OR OPERATING IN A CORRECTIONAL
 FACILITY ANY BODY IMAGING SCANNING EQUIPMENT, THE  CHIEF  ADMINISTRATIVE
 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 INSTALLA-
 TION WITH RADIATION EQUIPMENT.
   (C)(I) PRIOR TO OPERATING BODY IMAGING SCANNING EQUIPMENT,  UNLICENSED
 PERSONNEL  EMPLOYED  AT  CORRECTIONAL FACILITIES SHALL HAVE SUCCESSFULLY
 COMPLETED A TRAINING COURSE APPROVED BY THE  DEPARTMENT,  OR  IN  CITIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13517-01-7

 A. 9674                             2
 
 WITH  A  POPULATION OF ONE MILLION OR MORE, APPROVED BY THE LOCAL HEALTH
 DEPARTMENT.
   (II)  NO  PERSON  WHO  OPERATES  OR WHO IS SCANNED BY THE BODY IMAGING
 SCANNING EQUIPMENT SHALL BE EXPOSED TO MORE THAN FIFTY  PERCENT  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,  "CORRECTIONAL  FACILITY"
 SHALL  HAVE  THE  SAME MEANING AS DEFINED IN SUBDIVISION FOUR OF SECTION
 TWO OF THE CORRECTION LAW.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.