Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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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 |
Assembly Bill A6838
Signed By Governor2017-2018 Legislative Session
Relates to body imaging scanning equipment
download bill text pdfSponsored By
WEPRIN
Archive: Last Bill Status Via S5337 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 20, 2018
aye (60)- Addabbo Jr.
- Akshar
- Alcantara
- Amedore
- Avella
- Bailey
- Benjamin
- Bonacic
- Boyle
- Breslin
- Brooks
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Helming
- Jacobs
- Kaminsky
- Kavanagh
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Little
- Marcellino
- Marchione
- Montgomery
- Murphy
- O'Mara
- Ortt
- Parker
- Peralta
- Persaud
- Phillips
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Stavisky
- Stewart-Cousins
- Tedisco
- Valesky
- Young
nay (1)
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Floor Vote: May 15, 2017
aye (62)- Addabbo Jr.
- Akshar
- Alcantara
- Amedore
- Avella
- Bailey
- Bonacic
- Boyle
- Breslin
- Brooks
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Helming
- Hoylman-Sigal
- Jacobs
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Montgomery
- Murphy
- O'Mara
- Ortt
- Parker
- Peralta
- Persaud
- Phillips
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Tedisco
- Valesky
- Young
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Feb 27, 2018 - Health Committee Vote
S533715Aye0Nay2Aye with Reservations0Absent0Excused0AbstainedApr 25, 2017 - Health Committee Vote
S533715Aye1Nay1Aye with Reservations0Absent0Excused0Abstained -
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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
2017-A6838 (ACTIVE) - Details
- See Senate Version of this Bill:
- S5337
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §3502, Pub Health L
2017-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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