S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8232
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to amend the public health law, in relation to body scanners in
   state-operated facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subparagraphs  (ii)  and (iii) of paragraph (a), subpara-
 graphs (i) and (iii) of paragraph (c), paragraph  (e)  and  the  opening
 paragraph  and  subparagraph  (ii)  of paragraph (f) of subdivision 6 of
 section 3502 of the public health law, as amended by section 1  of  part
 LL of chapter 56 of the laws of 2023, are amended to read as follows:
   (ii)  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 state correctional facility, A FACILITY  OPERATED  BY  THE
 OFFICE  OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES AND THE OFFICE OF CHILDREN AND FAMILY SERVICES 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 individuals detained  in,  committed
 to,  visiting,  or  employed  in  such  facility, in connection with the
 implementation of such facility's security program.
   (iii) The utilization of such body imaging scanning equipment shall be
 in accordance with regulations promulgated by  the  department,  or  for
 local  correctional  facilities  in  cities  having  a population of two
 million or more, such utilization shall  be  in  accordance  with  regu-
 lations promulgated by the New York city department of health and mental
 hygiene.  The  state  commission of correction, in consultation with the
 department of corrections and community  supervision,  shall  promulgate
 regulations  establishing  when  body imaging scanning equipment will be
 used to screen visitors and incarcerated individuals  in  state  correc-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11801-01-5
              

 A. 8232                             2
 
 tional  facilities.  THE  OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE
 WITH DEVELOPMENTAL DISABILITIES AND THE OFFICE OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL  PROMULGATE  REGULATIONS ESTABLISHING WHEN BODY SCANNING
 EQUIPMENT  WILL BE USED TO SCREEN VISITORS AND CLIENTS IN STATE OPERATED
 RESIDENTIAL AND OTHER FACILITIES OPERATED BY SUCH AGENCIES.  Such  regu-
 lations  shall  include provisions establishing that alternative methods
 of screening may be used to accommodate individuals who decline  or  are
 unable  to  be  screened  by body imaging scanning equipment for medical
 reasons and that alternative methods of screening may be used to  accom-
 modate  individuals who decline to be screened for other reasons, unless
 security considerations warrant otherwise. Such regulations  shall  also
 ensure  that  no  person  shall  be subjected to any form of harassment,
 intimidation, or disciplinary action for choosing to be searched  by  an
 alternative method of screening in lieu of body imaging scanning.
   The  department of corrections and community supervision shall promul-
 gate regulations establishing when body imaging scanning equipment  will
 be  used to screen employees of the department of corrections and commu-
 nity supervision, provided,  however  that  such  regulations  shall  be
 consistent  with  the  policies  and  procedures  of  the  department of
 corrections and community supervision governing the search of employees.
 Such regulations shall include provisions establishing that  alternative
 methods  of screening may be used to accommodate individuals who decline
 or are unable to be screened by  body  imaging  scanning  equipment  for
 medical  or  other  reasons.  Such regulations shall also ensure that no
 person shall be subjected to any form of  harassment,  intimidation,  or
 disciplinary action for choosing to be searched by an alternative method
 of  screening in lieu of body imaging scanning. An employee's request to
 be searched by an alternative method of screening in lieu of body  imag-
 ing  scanning  shall  not, in itself, be grounds for disciplinary action
 against such employee.
   THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL
 DISABILITIES  AND  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES SHALL
 PROMULGATE REGULATIONS ESTABLISHING WHEN BODY IMAGING SCANNING EQUIPMENT
 WILL BE USED TO SCREEN EMPLOYEES,  PROVIDED,  HOWEVER  THAT  SUCH  REGU-
 LATIONS  SHALL BE CONSISTENT WITH THE POLICIES AND PROCEDURES THE OFFICE
 OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES
 AND  THE  OFFICE OF CHILDREN AND FAMILY SERVICES GOVERNING THE SEARCH OF
 EMPLOYEES.  SUCH REGULATIONS SHALL INCLUDE PROVISIONS ESTABLISHING  THAT
 ALTERNATIVE  METHODS OF SCREENING MAY BE USED TO ACCOMMODATE INDIVIDUALS
 WHO DECLINE OR ARE UNABLE TO BE SCREENED BY BODY IMAGING SCANNING EQUIP-
 MENT FOR MEDICAL OR OTHER REASONS. SUCH REGULATIONS  SHALL  ALSO  ENSURE
 THAT  NO  PERSON  SHALL  BE  SUBJECTED TO ANY FORM OF HARASSMENT, INTIM-
 IDATION, OR DISCIPLINARY ACTION FOR CHOOSING TO BE SEARCHED BY AN ALTER-
 NATIVE METHOD OF SCREENING IN LIEU OF BODY IMAGING SCANNING. AN  EMPLOY-
 EE'S  REQUEST  TO  BE  SEARCHED BY AN ALTERNATIVE METHOD OF SCREENING IN
 LIEU OF BODY IMAGING SCANNING SHALL  NOT,  IN  ITSELF,  BE  GROUNDS  FOR
 DISCIPLINARY ACTION AGAINST SUCH EMPLOYEE.
   (i) A requirement that prior to operating body imaging scanning equip-
 ment,  unlicensed  personnel  employed  at  state  or local correctional
 facilities OR THE OFFICE OF MENTAL HEALTH, THE OFFICE  FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES  AND  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES AUTHORIZED  TO  USE  SUCH  EQUIPMENT  shall  have  successfully
 completed a training course approved by the department OR OFFICE, or for
 local correctional facilities in cities of two million or more, approved
 by  the  New York city department of health and mental hygiene, and that
 such personnel receive additional training on an annual basis;
 A. 8232                             3
 
   (iii) Registration with the department OR OFFICE of each body  imaging
 scanning machine purchased or installed at a state or local correctional
 facility  OR  STATE-OPERATED  FACILITY  OPERATED BY THE OFFICE OF MENTAL
 HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES  AND  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES;
   (e) For the purposes of this subdivision:
   (i) "Local correctional facility" shall have the same meaning as found
 in subdivision sixteen of section two of the correction law.
   (ii)  "State correctional facility" shall mean a "correctional facili-
 ty" as defined in subdivision four of section two of the correction law.
   (III) "STATE-OPERATED FACILITIES" SHALL MEAN ANY FACILITY OPERATED  BY
 THE STATE PURSUANT TO SUBDIVISION (B) OF SECTION 7.17, SUBDIVISIONS SIX,
 TEN,  SEVENTEEN,  TWENTY-EIGHT,  TWENTY-EIGHT-A, TWENTY-EIGHT-B, THIRTY-
 THREE OR THIRTY-SIX OF SECTION 1.03 AND SUBDIVISION (O) OF SECTION 10.03
 OF THE MENTAL HYGIENE LAW OR SECTIONS FIVE HUNDRED  FOUR,  FIVE  HUNDRED
 FOUR-A OR FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
   Any local government agency that utilizes body imaging scanning equip-
 ment  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. If body imaging scanning
 equipment is utilized in one or more state correctional facilities,  the
 department  of  corrections  and  community  supervision shall submit an
 annual report to the department, the speaker of the  assembly,  and  the
 temporary president of the senate. IF BODY IMAGING SCANNING EQUIPMENT IS
 UTILIZED  IN  ONE  OR  MORE  STATE-OPERATED  FACILITIES BY THE OFFICE OF
 MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND
 THE OFFICE OF CHILDREN AND FAMILY SERVICES, SUCH OFFICE SHALL SUBMIT  AN
 ANNUAL  REPORT  TO  THE DEPARTMENT, THE SPEAKER OF THE ASSEMBLY, AND THE
 TEMPORARY PRESIDENT OF THE SENATE.  Such  report  by  either  the  local
 government  agency or the department of corrections and community super-
 vision, THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES AND THE OFFICE OF CHILDREN AND FAMILY SERVICES shall
 be submitted within eighteen months after the initial date of  registra-
 tion of such equipment with the department, and annually thereafter, and
 shall contain the following information as to each such facility:
   (ii)  For  state  correctional  facilities,  STATE-OPERATED FACILITIES
 OPERATED BY THE OFFICE OF MENTAL HEALTH,  THE  OFFICE  FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES  AND  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES, the number of times the  equipment  was  used  on  individuals
 detained  in,  committed  to,  working in, or visiting the facility upon
 intake, before work  shift,  after  work  shift,  before  visits,  after
 visits, and upon the suspicion of contraband, as well as any other event
 that  triggers  the  use of such equipment, and the average, median, and
 highest number of  times  the  equipment  was  used  on  any  individual
 detained  in,  committed  to, working in, or visiting the facility, with
 corresponding exposure levels.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that  the  amendments  to
 subdivision  6  of section 3502 of the public health law made by section
 one of this act shall not affect the  repeal  of  such  subdivision  and
 shall be deemed repealed therewith. Effective immediately, the addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.