S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5337
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2017
                                ___________
 
 Introduced  by Sens. HANNON, GALLIVAN -- 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 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

 S. 5337                             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.