S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8641
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in  relation  to  specifying  the
   settings  in  which  an  ultrasound  or similar medical imaging device
   procedure may be offered
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3517 of the public health law is renumbered section
 3518 and a new section 3517 is added to read as follows:
   §  3517.  PERFORMANCE OF ULTRASOUNDS.   1. AN ULTRASOUND, OR A SIMILAR
 MEDICAL IMAGING DEVICE OR PROCEDURE USED FOR A MEDICAL,  COUNSELING,  OR
 DIAGNOSTIC  SERVICE  OR  PURPOSE, SHALL ONLY BE OFFERED IN THE FOLLOWING
 SETTINGS:
   (A) AN ORGANIZED AND LICENSED CLINIC  THAT  PROVIDES  DIRECT  MEDICAL,
 SURGICAL,  DENTAL,  OPTOMETRIC, OR PODIATRIC ADVICE, SERVICES, OR TREAT-
 MENT TO PATIENTS WHO REMAIN LESS THAN TWENTY-FOUR HOURS,  AND  THAT  MAY
 ALSO  PROVIDE DIAGNOSTIC OR THERAPEUTIC SERVICES TO PATIENTS IN THE HOME
 AS AN INCIDENT TO CARE PROVIDED AT THE CLINIC FACILITY.
   (B) AN OUTPATIENT SETTING COMPRISED OF  ANY  FACILITY,  CLINIC,  UNLI-
 CENSED  CLINIC,  CENTER,  OFFICE, OR OTHER SETTING THAT IS NOT PART OF A
 GENERAL ACUTE CARE FACILITY AND WHERE  ANESTHESIA,  EXCEPT  LOCAL  ANES-
 THESIA  OR  PERIPHERAL NERVE BLOCKS, OR BOTH, IS USED IN COMPLIANCE WITH
 THE COMMUNITY STANDARD OF PRACTICE, IN  DOSES  THAT,  WHEN  ADMINISTERED
 HAVE  THE  PROBABILITY  OF  PLACING  A  PATIENT  AT RISK FOR LOSS OF THE
 PATIENT'S LIFE-PRESERVING PROTECTIVE REFLEXES.
   (C) A LICENSED HEALTH FACILITY  THAT  IS  ORGANIZED,  MAINTAINED,  AND
 OPERATED  FOR  THE  DIAGNOSIS,  CARE, PREVENTION, AND TREATMENT OF HUMAN
 ILLNESS, PHYSICAL, OR MENTAL, INCLUDING CONVALESCENCE AND REHABILITATION
 AND INCLUDING CARE DURING AND AFTER PREGNANCY, OR FOR ANY ONE OR MORE OF
 THESE PURPOSES, FOR ONE OR MORE PERSONS, TO WHICH THE PERSONS ARE ADMIT-
 TED FOR A TWENTY-FOUR-HOUR STAY OR LONGER, INCLUDING A  HOSPITAL,  ACUTE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13014-01-5
              

 A. 8641                             2
 
 PSYCHIATRIC HOSPITAL, SKILLED NURSING FACILITY, NURSING HOME, INTERMEDI-
 ATE  CARE  FACILITY, CONGREGATE LIVING HEALTH FACILITY, HOSPICE FACILITY
 AND A CORRECTIONAL  TREATMENT  CENTER  OPERATED  BY  THE  DEPARTMENT  OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION  OR A COUNTY, CITY, OR CITY AND
 COUNTY LAW ENFORCEMENT AGENCY.
   (D) A PRACTICE OF A LICENSED PHYSICIAN OR  SURGEON,  A  MEDICAL  GROUP
 PRACTICE,  INCLUDING  A PROFESSIONAL MEDICAL CORPORATION ORGANIZED UNDER
 AND GOVERNED BY ARTICLE FORTY-FOUR OF  THIS  CHAPTER,  ANOTHER  FORM  OF
 CORPORATION  CONTROLLED  BY  PHYSICIANS AND SURGEONS, A MEDICAL PARTNER-
 SHIP, A MEDICAL FOUNDATION EXEMPT FROM LICENSURE,  OR  ANOTHER  LAWFULLY
 ORGANIZED  GROUP  OF  PHYSICIANS  AND SURGEONS THAT PROVIDES HEALTH CARE
 SERVICES.
   (E) A PRACTICE OF A LICENSED CHIROPRACTOR, AS DEFINED IN  ARTICLE  ONE
 HUNDRED  THIRTY-TWO  OF THE EDUCATION LAW, OR A LAWFULLY ORGANIZED GROUP
 OF LICENSED CHIROPRACTORS THAT PROVIDES HEALTH CARE SERVICES.
   (F) A PRACTICE OF A LICENSED PHYSICAL THERAPIST, AS DEFINED IN ARTICLE
 ONE HUNDRED THIRTY-SIX OF THE EDUCATION LAW,  OR  A  LAWFULLY  ORGANIZED
 GROUP   OF  LICENSED  PHYSICAL  THERAPISTS  THAT  PROVIDES  HEALTH  CARE
 SERVICES.
   (G) A FACILITY AFFILIATED WITH THE SETTINGS  DESCRIBED  IN  PARAGRAPHS
 (A), (B), (C), (D), (E) OR (F) OF THIS SUBDIVISION.
   (H)  AN  EXEMPT  ENTITY  AS  DESCRIBED  IN SECTION THIRTY-FIVE HUNDRED
 FIFTEEN OF THIS TITLE.
   2. THIS SECTION DOES NOT APPLY TO A PRACTICE  OF  A  LICENSED  MIDWIFE
 PROVIDING  CARE  PURSUANT  TO ARTICLE ONE HUNDRED FORTY OF THE EDUCATION
 LAW.
   3. (A) ANY PERSON OR ENTITY THAT FAILS TO COMPLY WITH THE REQUIREMENTS
 OF THIS SECTION IS LIABLE FOR A  CIVIL  PENALTY  OF  TWO  THOUSAND  FIVE
 HUNDRED  DOLLARS  ($2,500) FOR A FIRST OFFENSE AND FIVE THOUSAND DOLLARS
 ($5,000) FOR EACH SUBSEQUENT OFFENSE, IN ADDITION TO COSTS AND FEES.
   (B) AN ACTION TO IMPOSE A CIVIL PENALTY PURSUANT TO THIS  SECTION  MAY
 BE  BROUGHT  BY  THE ATTORNEY GENERAL OR A COUNTY DISTRICT ATTORNEY. FOR
 PURPOSES OF THIS SUBDIVISION, AN OFFENSE IS EACH ULTRASOUND CONDUCTED IN
 VIOLATION OF THIS SECTION.
   (C) COSTS, FEES,  AND  CIVIL  PENALTIES  COLLECTED  PURSUANT  TO  THIS
 SECTION  SHALL BE PAID TO THE OFFICE THAT BROUGHT THE ACTION AS FOLLOWS:
 (I) TO THE OFFICE OF THE ATTORNEY GENERAL; OR (II) TO THE  TREASURER  OF
 THE COUNTY FOR THE DISTRICT ATTORNEY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.