NY State Senate Bill 2025-S8007

Senate Bill S8007

2025-2026 Legislative Session

Specifies the settings in which an ultrasound or similar medical imaging device procedure may be offered

download bill text pdf

Current Bill Status - In Senate Committee Health Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to health

2025-S8007 (ACTIVE) - Details

See Assembly Version of this Bill:: A8641
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §3517 to be §3518, add §3517, Pub Health L

2025-S8007 (ACTIVE) - Summary

Specifies the settings in which an ultrasound or similar medical imaging device procedure may be offered; provides penalties for violations.

2025-S8007 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8007

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the public health law, in relation to specifying the
settings in which an ultrasound or similar medical imaging device proce-
dure may be offered

 
PURPOSE:

To afford patient protections by helping to ensure that ultrasound imag-
ing is performed safely and that patients are provided accurate medical
information and quality, timely care.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 3517 to the Pubic Health Law entitled
"Performance of ultrasounds." Stipulates settings where an ultrasound,
or a similar medical imaging device or procedure may be offered, as well
as exempted entities and providers. Establishes a civil penalty for
first and subsequent offenses. Stipulates that the Attorney General or a

county District Attorney may bring an action to impose a civil penalty
pursuant to this section and that civil penalties collected shall be
paid to the office of the Attorney General or to the treasurer of the
county for the District Attorney, based on the office that brought the
action.

Section 2: Establishes the effective date. This act shall take effect on
the sixtieth day after it shall have become a law.

 
JUSTIFICATION:

Ultrasound imaging is used to evaluate, diagnose, and treat a variety of
medical conditions by producing a real-time visual image of internal
organs, tissue, or blood flow. Uses of this medical tool include abdomi-
nal ultrasound, bone sonometry, breast ultrasound, doppler fetal heart
rate monitors, doppler ultrasound. echocardiogram. fetal ultrasound,
ultrasound-guided biopsies, ophthalmic ultrasound, and ultrasound-guided
needle placement. 1

This medical technology does not carry the same risks as other types of
imaging that utilize ionizing radiation, such as X-rays or CT scans, and
has a very good safety record. However, ultrasound energy can cause
heating of the tissues or create cavitation, the long-term effects of
which are unknown. 2

According to the American College of Obstetricians and Gynecologists
(ACOG), there is currently no evidence that ultrasound imaging causes
harm to the fetus, but that does not rule out the possibility of harmful
effects being identified at some point. Therefore, ACOG recommends that
ultrasound imaging be conducted for medical reasons by qualified health
care practitioners.3 The Association for Medical Ultrasound asserts that
ultrasound imaging should be performed by qualified health professionals
for the medical benefit of the patient. 4

Although ultrasound imaging is a medical tool that is intended for eval-
uation, diagnosis, and treatment of patients, ultrasounds are offered in
non-medical settings, including certain limited service pregnancy
centers, also known as crisis pregnancy centers (CPCs).  CPCs are facil-
ities that portray themselves as reproductive health care clinics, when
they actually endeavor to hinder abortion and even use of contraception.

These facilities may say they offer free pregnancy tests, STI testing,
ultrasounds, and pregnancy counseling, but they are not licensed health
care facilities. As such, CPC staff are not required by law or regu-
lation to provide accurate information to pregnant people and they are
not subject to HIPAA regulations. CPC staff have provided false informa-
tion about the gestational age of a person's pregnancy after doing an
ultrasound in order to mislead the pregnant person into thinking it is
too late to have an abortion. Staff have also provided inaccurate infor-
mation about abortion, including the risks, as well as "abortion pill
reversal." 5

Crisis pregnancy centers have a strong presence throughout the U.S.,
including in New York, and many offer ultrasounds. According to the
Reproaction database, there are 91 CPCs in the State of New York.6 A
study of 1,825 CPC websites in the U.S. found that 77% of CPCs adver-
tised they provide ultrasounds.7 CPCs frequently locate themselves in
close vicinity to legitimate reproductive health care clinics that
provide comprehensive medical services, including abortion care, and
they endeavor to present themselves as medical clinics pregnant people
who go to a CPC because they want to talk about their pregnancy options
with a health care provider may believe the facility is a licensed
reproductive health care clinic and later realize that the facility does
not support or provide abortion care. A mystery client study of 86 CPCs
in New York State found that during calls, only twelve CPCs automat-
ically disclosed their non-medical status and thirty-six disclosed this
critical detail after direct questioning. 8

It is essential that ultrasound imaging be utilized in accordance with
the guidance of professional health care associations and that pregnant
people who have a prenatal ultrasound be given medically-accurate infor-
mation about their pregnancy, including but not limited to the
gestation, so that they can make unimpeded decisions about whether to
keep or terminate the pregnancy in accordance with New York State law.
This legislation will help to afford patient protections by specifying
licensed health care settings in which ultrasound imaging or similar
medical imaging device procedure may be offered.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
1 Ultrasound Imaging, U.S. Food & Drug Administration: https:
www.fda.gov/radiation-emating-products/medical /imaging/ultrasound-
imaging
2 Ibid.
3 Ultrasound Exams, The American College of Obstetricians and Gynecolo-
gists:  https:// www.acog.org/womens-heath/faq/ultrasound-exams
4 Prudent Clinical Use and Safety of Diagnostic Ultrasound, The Associ-
ation for Medical Ultrasound:  https://www.aium.org/resources/official-
statements/view /prudent-clinical-use-and-safety-of-diagnostic-
ultrasound
5 Ultrasound Exams, The American College of Obstetricians and Gynecolo-
gists: https://www.acog.org/womens- health/faq/ultrasound-exams
6 Reproaction Education Fund: The Anti-Abortion Pregnancy Center Data-
base, accessed May 1, 2025 from https://reproaction.org/database
7 Desai, K. S., et al. (2024). Characterizing Services Advertised on
Crisis Pregnancy Center Websites.  JAMA Internal Medicine.
doi.org/10.1001/jamaintermend.2024.6440.
8 Frasik, C, Jordan, C, McLeod, C, and Flink-Bochacki, R. A mystery
client study of crisis pregnancy center practices in New York State.
Contraception, January 2023:
https://www.sciencedirect.com/science/article/abs/pii/S0010782422002244

2025-S8007 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8007
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed 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

 S. 8007                             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.

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