Specifies the settings in which an ultrasound or similar medical imaging device procedure may be offered; provides penalties for violations.
Summary
This bill amends the Public Health Law to restrict where an ultrasound, or a similar medical imaging device or procedure used for a medical, counseling, or diagnostic purpose, may be offered in New York. It limits such services to specified settings, including licensed clinics, certain outpatient settings, licensed health facilities such as hospitals and nursing homes, physician and surgeon practices, chiropractic and physical therapy practices, affiliated facilities, and certain exempt entities. The bill expressly excludes licensed midwife practices from its coverage.
The measure also creates civil penalties for noncompliance: $2,500 for a first offense and $5,000 for each subsequent offense, plus costs and fees. Enforcement authority is given to the Attorney General or a county district attorney, and each unlawful ultrasound is treated as a separate offense. The bill would take effect 60 days after becoming law.
Impact
The bill would add a new section to the Public Health Law and renumber the existing section 3517 as 3518, thereby changing the statutory framework governing ultrasound services and similar imaging procedures. It would not broadly regulate all medical imaging, but specifically the settings in which these services may be offered, affecting clinics, outpatient centers, physician offices, chiropractic and physical therapy practices, and other covered facilities. It also authorizes state and local prosecutors to seek civil penalties, creating a new enforcement mechanism for violations.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the available context suggests the bill was introduced as a regulatory and consumer-protection measure rather than a controversial partisan proposal. Its structure indicates a strong intent to limit ultrasound services to established medical settings and to deter noncompliant providers through monetary penalties. Because no transcripts or vote history are provided, there is no documented public sentiment in the record beyond the bill’s apparent protective and enforcement-oriented purpose.
Contention
The main point of contention likely concerns the breadth of the location restrictions and whether they could affect access to ultrasound services in nontraditional or specialized practices. Providers in outpatient, affiliated, or smaller office-based settings may view the bill as burdensome, especially given the civil penalties and the fact that each violation is treated separately. Supporters would likely argue that the bill improves patient safety, ensures appropriate medical oversight, and prevents misleading or unsafe use of ultrasound services, while opponents may argue it is overly restrictive or duplicative of existing health regulations.
Human services: medical services; medical assistance coverage for ultrasound procedures and fetal nonstress tests performed in certain locations; provide for. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding secs. 109q & 109r.
Ultrasound Informed Consent ActThis bill requires abortion providers to conduct an ultrasound before performing an abortion.Specifically, before a woman gives informed consent to any part of an abortion, the abortion provider mustperform an obstetric ultrasound on the pregnant woman;provide a simultaneous explanation of what the ultrasound is depicting;display the ultrasound images so the woman may view them; andprovide a complete medical description of the images, including the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable.Providers are subject to civil actions and penalties for violations.The bill's ultrasound requirements do not apply in cases where a physical disorder, illness, or injury endangers a woman's life. A woman is also not required to view the ultrasound images; nor may she or the provider be penalized if she declines to do so.
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