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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Tuesday, December 11, 2018
Proposed Rules Content: 
 
 

Statement of Basis and Purpose of Proposed Rule

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 DOC and requiring DOHMH to adopt rules governing them that meet at least the minimum requirements in PHL section 3502(6)(c).  The rules proposed 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 proposed 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 DOC detainees, from radiation exposure and reduce the risk associated with the operation of body scanners.

 

Subject: 

Proposal to add a new Chapter 33 to Title 24 of the Rules of the City of New York to establish rules for the use of body imaging scanning equipment that use ionizing radiation to screen individuals committed to the custody of the NYC DOC.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 3rd Floor, Room 3-32
Queens, NY 11101
Contact: 

Svetlana Burdeynik, (347) 396-6078, resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf):