A6838 —

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 3502 of the public health law.

• Section 3502 of the public health law

  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: italics (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 le

  amended