S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10465
 
                           I N  A S S E M B L Y
 
                               May 25, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weprin) --
   read once and referred to the Committee on Correction
 
 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 7 to read as follows:
   7. (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  CORRECTIONAL FACILITY MAY, IN A MANNER PERMITTED BY THE
 REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION, UTILIZE BODY IMAG-
 ING 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.
   (B)  PRIOR TO ESTABLISHING, MAINTAINING OR OPERATING IN A CORRECTIONAL
 FACILITY ANY BODY IMAGING SCANNING EQUIPMENT, THE  CHIEF  ADMINISTRATIVE
 OFFICER OF THE FACILITY SHALL ENSURE THAT SUCH FACILITY IS IN COMPLIANCE
 WITH THE REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION AND OTHER-
 WISE APPLICABLE REQUIREMENTS FOR THE INSTALLATION, REGISTRATION, MAINTE-
 NANCE, 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:
   (I) A REQUIREMENT THAT PRIOR TO OPERATING BODY IMAGING SCANNING EQUIP-
 MENT,  UNLICENSED  PERSONNEL  EMPLOYED  AT CORRECTIONAL FACILITIES SHALL
 HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE APPROVED BY THE DEPARTMENT
 AND THAT SUCH PERSONNEL 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15925-01-2
 A. 10465                            2
 
 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 CORRECTIONAL FACILITY;
   (IV) INSPECTION AND REGULAR REVIEWS OF THE USE OF BODY  IMAGING  SCAN-
 NING EQUIPMENT BY THE DEPARTMENT, AS APPLICABLE; AND
   (V)  A  REQUIREMENT  THAT  RECORDS  BE KEPT REGARDING EACH USE OF BODY
 IMAGING SCANNING EQUIPMENT BY THE 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,  "CORRECTIONAL  FACILITY"
 SHALL  HAVE THE SAME MEANING AS FOUND IN SUBDIVISION FOUR OF SECTION TWO
 OF THE CORRECTION LAW.
   (F) THE DEPARTMENT  OF  CORRECTIONS  SHALL  SUBMIT  AN  ANNUAL  REPORT
 REGARDING  THE UTILIZATION OF BODY IMAGING SCANNING EQUIPMENT IN CORREC-
 TIONAL FACILITIES TO THE DEPARTMENT, THE SPEAKER OF  THE  ASSEMBLY,  AND
 THE  TEMPORARY  PRESIDENT  OF THE SENATE. SUCH REPORT SHALL BE SUBMITTED
 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 and shall expire and be deemed repealed  five
 years  after  such  effective date. 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.