Operation of Body Scanners in Correctional Facilities (New Chapter 33 to Title 24 of the RCNY)

Adopted Rules: Closed to Comments

Effective Date: 
Friday, February 15, 2019
Agency:
Download Copy of Adopted Rule (.pdf): 
 
 

                                                      Statement of Basis and Purpose

New York State Public Health Law (“PHL”) section 3502 was amended by Chapter 313 of the 2018 Laws of New York on October 2, 2018, to add subdivision (6) permitting the use of body scanners by the NYC Department of Correction (DOC) and requiring the Department to adopt rules governing such use that meet at least the minimum requirements in PHL section 3502(6)(c).  The rules being adopted by the Department meet those requirements and incorporate by reference certain definitions and portions of New York City Health Code Article 175, which governs the use of radiation producing equipment.  The rules also incorporate relevant definitions, processes, and requirements established by the American National Standards Institute (“ANSI”) for such equipment.  The federal National Institute for Standards and Technology, part of the U.S. Department of Commerce, has officially recognized ANSI’s role as the country’s representative on international standards setting bodies. By incorporating ANSI standards into these rules, the Department seeks to promote maximum protection, for both DOC personnel and detainees, from radiation exposure and reduce the risk associated with the operation of body scanners.

Two commenters noted that the phantom described in section 5.4, et seq. of ANSI Standard 42.47 is not generally commercially available. In response to these comments, the Department has added text to section 33-04(d)(1) allowing the use of other devices to perform imaging tests provided that they are approved by the Department.  In response to a comment that the definition of “qualified physicist” was too broad and potentially allowed professionals without the requisite experience to serve in the role, the Department has added additional requirements to the definition.  In response to a concern about the privacy of the records of individuals scanned, the Department has added section 33-07(g) to provide additional safeguards. Paragraph 33-08(a)(4) has been revised to clarify the requirements regarding signs advising pregnant and potentially pregnant detainees that they should not be scanned.  Finally, minor corrections have been made throughout the rule to correct nomenclature and standardize capitalization.

 “Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this Department, unless otherwise specified or unless the context clearly indicates otherwise.