Bill Text: NY A06885 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides that the administration of any ultrasound upon a pregnant woman shall only be performed pursuant to an order or a referral therefor by a physician, physician assistant, specialist assistant, nurse practitioner or midwife; prohibits issuance of such referrals and orders for entertainment purposes or any other purpose which is not warranted by the condition of the patient; provides that violation of such provisions shall constitute a class A misdemeanor, professional misconduct, grounds for investigation by the education department and prosecution by the attorney general, as well as grounds for a cease and desist order.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-04-23 - referred to higher education [A06885 Detail]

Download: New_York-2013-A06885-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6885
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 23, 2013
                                      ___________
       Introduced by M. of A. BARRON -- read once and referred to the Committee
         on Higher Education
       AN  ACT  to  amend  the  education  law, in relation to the unauthorized
         administration of an ultrasound
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  6509 of the education law is amended by adding a
    2  new subdivision 8-a to read as follows:
    3    (8-A) ISSUING AN ORDER OR A REFERRAL FOR ADMINISTRATION OF  AN  ULTRA-
    4  SOUND  IN VIOLATION OF SECTION SIXTY-FIVE HUNDRED TWELVE-A OF THIS ARTI-
    5  CLE,
    6    S 2. The education law is amended by adding a new  section  6512-a  to
    7  read as follows:
    8    S  6512-A.  UNAUTHORIZED  ADMINISTRATION  OF  AN ULTRASOUND. 1. ONLY A
    9  PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE PURSUANT TO
   10  ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE, OR REGISTERED  TO  PERFORM
   11  MEDICAL  SERVICES  PURSUANT  TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS
   12  TITLE, OR CERTIFIED TO PRACTICE AS  A  NURSE  PRACTITIONER  PURSUANT  TO
   13  ARTICLE  ONE  HUNDRED THIRTY-NINE OF THIS TITLE, OR LICENSED TO PRACTICE
   14  AS A MIDWIFE PURSUANT TO ARTICLE ONE HUNDRED FORTY  OF  THIS  TITLE  MAY
   15  ISSUE  AN  ORDER  OR  A REFERRAL FOR THE ADMINISTRATION OF AN ULTRASOUND
   16  UPON A PREGNANT WOMAN, SUBJECT, HOWEVER, TO ANY REQUIREMENT IN ANY  SUCH
   17  ARTICLE  IN  RESPECT  TO  THE SUPERVISION BY, OR CONSULTATION OR COLLAB-
   18  ORATION WITH A PHYSICIAN.
   19    2. NO ORDER OR  REFERRAL  FOR  THE  ADMINISTRATION  OF  AN  ULTRASOUND
   20  SUBJECT  TO  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL BE
   21  ISSUED FOR ENTERTAINMENT PURPOSES OR FOR ANY OTHER PURPOSE WHICH IS  NOT
   22  WARRANTED BY THE CONDITION OF THE PATIENT.
   23    3.  ANY  PERSON,  EXCEPT  A  PERSON  AUTHORIZED TO ISSUE AN ORDER OR A
   24  REFERRAL PURSUANT TO SUBDIVISION ONE OF THIS SECTION, WHO ADMINISTERS AN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08002-01-3
       A. 6885                             2
    1  ULTRASOUND UPON A PREGNANT WOMAN WITHOUT SUCH AN ORDER OR REFERRAL SHALL
    2  BE GUILTY OF A CLASS A MISDEMEANOR.
    3    S 3. Subdivision 1 of section 6514 of the education law, as amended by
    4  chapter 606 of the laws of 1991, is amended to read as follows:
    5    1.  All  alleged  violations  of [sections] SECTION sixty-five hundred
    6  twelve, SIXTY-FIVE HUNDRED TWELVE-A or sixty-five  hundred  thirteen  of
    7  this  article  shall  be reported to the department which shall cause an
    8  investigation to be instituted.    All  alleged  violations  of  section
    9  sixty-five hundred thirty-one of [the education law] THIS TITLE shall be
   10  reported  to the department of health which shall cause an investigation
   11  to be instituted. If the  investigation  substantiates  that  violations
   12  exist,  such violations shall be reported to the attorney general with a
   13  request for prosecution.
   14    S 4. Subdivision 1 of section 6516 of the education law, as  added  by
   15  chapter 615 of the laws of 2003, is amended to read as follows:
   16    1.  Issuance  of  cease  and desist order. Whenever the department has
   17  reasonable cause to believe that any person has violated  any  provision
   18  of  section  sixty-five  hundred  twelve, SIXTY-FIVE HUNDRED TWELVE-A or
   19  sixty-five hundred thirteen of this article, the  department  may  issue
   20  and  serve  upon  such  person  a  notice  to cease and desist from such
   21  violation. Such cease and desist order shall be served personally by the
   22  department. If personal service can not be made after due diligence  and
   23  such  fact is certified under oath, a copy of the order shall be made by
   24  certified mail, return receipt requested, to  the  person's  last  known
   25  address by the department.
   26    S  5.  Section  6530  of  the education law is amended by adding a new
   27  subdivision 35-a to read as follows:
   28    35-A. ISSUING AN ORDER OR A REFERRAL  FOR  THE  ADMINISTRATION  OF  AN
   29  ULTRASOUND  IN  VIOLATION OF SECTION SIXTY-FIVE HUNDRED TWELVE-A OF THIS
   30  TITLE;
   31    S 6. This act shall take effect on the first of November next succeed-
   32  ing the date on which it shall have become a law.
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