NY State Assembly Bill A6838

Archive: Last Bill Status Via S5337 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (24)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 02, 2018	signed chap.313
Sep 20, 2018	delivered to governor
Jun 14, 2018	returned to senate passed assembly
Mar 21, 2018	ordered to third reading cal.478 substituted for a6838
Mar 20, 2018	referred to codes delivered to assembly passed senate
Mar 05, 2018	advanced to third reading
Feb 28, 2018	2nd report cal.
Feb 27, 2018	1st report cal.529
Jan 03, 2018	referred to health returned to senate died in assembly
May 24, 2017	ordered to third reading cal.451 substituted for a6838
Mar 21, 2018	substituted by s5337
Jan 03, 2018	ordered to third reading cal.478
May 24, 2017	substituted by s5337
May 18, 2017	advanced to third reading cal.451
May 16, 2017	reported
Apr 25, 2017	reported referred to codes
Mar 22, 2017	referred to health

Votes

Co-Sponsors

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Multi-Sponsors

A6838 (ACTIVE) - Details

See Senate Version of this Bill:: S5337
Law Section:: Public Health Law
Laws Affected:: Amd §3502, Pub Health L

A6838 (ACTIVE) - Summary

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

A6838 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6838

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             March 22, 2017
                               ___________

Introduced  by  M.  of A. WEPRIN, GOTTFRIED -- read once and referred 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:

  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, IN A MANNER PERMITTED BY
THE REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION,  UTILIZE  BODY
IMAGING SCANNING EQUIPMENT THAT APPLIES IONIZING RADIATION TO HUMANS FOR
PURPOSES  OF SCREENING INMATES COMMITTED TO SUCH FACILITY, IN CONNECTION
WITH THE IMPLEMENTATION OF SUCH FACILITY'S SECURITY PROGRAM.
  (II) THE UTILIZATION OF SUCH BODY IMAGING SCANNING EQUIPMENT SHALL  BE
IN  ACCORDANCE  WITH  REGULATIONS  PROMULGATED  BY THE DEPARTMENT, OR IN
CITIES HAVING A POPULATION OF TWO  MILLION  OR  MORE,  SUCH  UTILIZATION
SHALL BE IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE NEW YORK CITY
DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
  (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 THE REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION
AND  OTHERWISE  APPLICABLE  REQUIREMENTS FOR THE INSTALLATION, REGISTRA-
TION, MAINTENANCE, OPERATION AND INSPECTION  OF  BODY  IMAGING  SCANNING
EQUIPMENT.
  (C) THE REGULATIONS PROMULGATED PURSUANT TO SUBPARAGRAPH (II) OF PARA-
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

A. 6838                             2

  (I) A REQUIREMENT THAT PRIOR TO OPERATING BODY IMAGING SCANNING EQUIP-
MENT,  UNLICENSED  PERSONNEL  EMPLOYED  AT LOCAL CORRECTIONAL FACILITIES
SHALL HAVE SUCCESSFULLY COMPLETED A  TRAINING  COURSE  APPROVED  BY  THE
DEPARTMENT,  OR  IN  CITIES  OF TWO MILLION OR MORE, APPROVED BY THE NEW
YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, AND THAT SUCH PERSON-
NEL RECEIVE ADDITIONAL TRAINING ON AN ANNUAL BASIS;
  (II) LIMITATIONS ON EXPOSURE WHICH SHALL BE NO MORE THAN FIFTY PERCENT
OF  THE ANNUAL EXPOSURE LIMITS FOR NON-RADIATION WORKERS AS SPECIFIED BY
APPLICABLE REGULATIONS, EXCEPT THAT INMATES UNDER THE  AGE  OF  EIGHTEEN
SHALL  NOT  BE SUBJECT TO MORE THAN FIVE PERCENT OF SUCH ANNUAL EXPOSURE
LIMITS, AND PREGNANT WOMEN SHALL NOT BE SUBJECT TO SUCH SCANNING AT  ANY
TIME.  PROCEDURES  FOR  IDENTIFYING PREGNANT WOMEN SHALL BE SET FORTH IN
THE REGULATIONS;
  (III) REGISTRATION WITH THE DEPARTMENT OF EACH BODY  IMAGING  SCANNING
MACHINE PURCHASED OR INSTALLED AT A LOCAL CORRECTIONAL FACILITY;
  (IV)  INSPECTION  AND REGULAR REVIEWS OF THE USE OF BODY IMAGING SCAN-
NING EQUIPMENT BY THE DEPARTMENT OR THE  NEW  YORK  CITY  DEPARTMENT  OF
HEALTH AND MENTAL HYGIENE, AS APPLICABLE; AND
  (V)  A  REQUIREMENT  THAT  RECORDS  BE KEPT REGARDING EACH USE OF BODY
IMAGING SCANNING EQUIPMENT BY THE LOCAL CORRECTIONAL FACILITY.
  (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 A 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 SUBMIT-
TED WITHIN EIGHTEEN MONTHS AFTER THE INITIAL  DATE  OF  REGISTRATION  OF
SUCH  EQUIPMENT  WITH THE DEPARTMENT, 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 INMATE, WITH CORRESPONDING EXPOSURE LEVELS;
  (III)  THE NUMBER OF TIMES THE USE OF THE EQUIPMENT DETECTED THE PRES-
ENCE OF DRUG CONTRABAND, WEAPON CONTRABAND, AND  ANY  OTHER  ILLEGAL  OR
IMPERMISSIBLE OBJECT OR SUBSTANCE;
  (IV)  INCIDENTS  OR  ANY INJURIES OR ILLNESS RESULTING FROM THE USE OF
SUCH EQUIPMENT OR REPORTED BY PERSONS SCANNED BY SUCH EQUIPMENT; AND
  (V) ANY OTHER INFORMATION THE DEPARTMENT MAY REASONABLY REQUIRE.
  § 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided,  however,  that,  effective  imme-
diately,  the  addition, amendment, and/or repeal of any rules and regu-
lations necessary to implement the provisions of this act on its  effec-
tive date are directed to be completed on or before such effective date;
and  provided further, that this act shall expire and be deemed repealed
five years after such effective date.

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The New York State Senate

assembly Bill A6838

Sponsored By

Archive: Last Bill Status Via S5337 - Signed by Governor

Your Voice

Actions

Votes

Mar 20, 2018 - floor Vote

Floor Vote: Mar 20, 2018

Feb 27, 2018 - Health committee Vote

Committee Vote: Feb 27, 2018

May 15, 2017 - floor Vote

Floor Vote: May 15, 2017

Apr 25, 2017 - Health committee Vote

Committee Vote: Apr 25, 2017

Co-Sponsors

Multi-Sponsors

A6838 (ACTIVE) - Details

A6838 (ACTIVE) - Summary

A6838 (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A6838

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Sponsored By

WEPRIN

Archive: Last Bill Status Via S5337 - Signed by Governor

Your Voice

Actions

Votes

Mar 20, 2018 - floor Vote

Floor Vote: Mar 20, 2018

Feb 27, 2018 - Health committee Vote

Committee Vote: Feb 27, 2018

May 15, 2017 - floor Vote

Floor Vote: May 15, 2017

Apr 25, 2017 - Health committee Vote

Committee Vote: Apr 25, 2017

Co-Sponsors

Richard Gottfried

Steven Cymbrowitz

Walter T. Mosley

Luis R. Sepúlveda

Amy Paulin

Inez E. Dickens

Michael DenDekker

William Colton

Erik Dilan

Kenneth Zebrowski

Billy Jones

Anthony Brindisi

Patricia Fahy

Dov Hikind

Robert J. Rodriguez

Stacey Pheffer Amato

Jeffrey Dinowitz

Michael G. Miller

Matthew Titone

Clyde Vanel

Anthony D'Urso

Frank Skartados

Christine Pellegrino

Marcos Crespo

Sandy Galef

Fred Thiele

William Magee

Felix Ortiz

John T. McDonald III

Jose Rivera

Philip Ramos

Dan Quart

Phil Steck

James Skoufis

Angelo Santabarbara

Michael Benedetto

Michael Cusick

Ron Kim

Thomas Abinanti

Joseph Lentol

Robert C. Carroll

Latoya Joyner

Earlene Hooper

David Buchwald

Peter Abbate

Al Taylor

Nicole Malliotakis

Multi-Sponsors

Aileen Gunther

Donna Lupardo

David McDonough

A6838 (ACTIVE) - Details

A6838 (ACTIVE) - Summary

A6838 (ACTIVE) - Bill Text download pdf

Comments