STATE OF NEW YORK
________________________________________________________________________
8007
2025-2026 Regular Sessions
IN SENATE
May 15, 2025
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to specifying the
settings in which an ultrasound or similar medical imaging device
procedure may be offered
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3517 of the public health law is renumbered section
2 3518 and a new section 3517 is added to read as follows:
3 § 3517. Performance of ultrasounds. 1. An ultrasound, or a similar
4 medical imaging device or procedure used for a medical, counseling, or
5 diagnostic service or purpose, shall only be offered in the following
6 settings:
7 (a) An organized and licensed clinic that provides direct medical,
8 surgical, dental, optometric, or podiatric advice, services, or treat-
9 ment to patients who remain less than twenty-four hours, and that may
10 also provide diagnostic or therapeutic services to patients in the home
11 as an incident to care provided at the clinic facility.
12 (b) An outpatient setting comprised of any facility, clinic, unli-
13 censed clinic, center, office, or other setting that is not part of a
14 general acute care facility and where anesthesia, except local anes-
15 thesia or peripheral nerve blocks, or both, is used in compliance with
16 the community standard of practice, in doses that, when administered
17 have the probability of placing a patient at risk for loss of the
18 patient's life-preserving protective reflexes.
19 (c) A licensed health facility that is organized, maintained, and
20 operated for the diagnosis, care, prevention, and treatment of human
21 illness, physical, or mental, including convalescence and rehabilitation
22 and including care during and after pregnancy, or for any one or more of
23 these purposes, for one or more persons, to which the persons are admit-
24 ted for a twenty-four-hour stay or longer, including a hospital, acute
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13014-01-5
S. 8007 2
1 psychiatric hospital, skilled nursing facility, nursing home, intermedi-
2 ate care facility, congregate living health facility, hospice facility
3 and a correctional treatment center operated by the department of
4 corrections and community supervision or a county, city, or city and
5 county law enforcement agency.
6 (d) A practice of a licensed physician or surgeon, a medical group
7 practice, including a professional medical corporation organized under
8 and governed by article forty-four of this chapter, another form of
9 corporation controlled by physicians and surgeons, a medical partner-
10 ship, a medical foundation exempt from licensure, or another lawfully
11 organized group of physicians and surgeons that provides health care
12 services.
13 (e) A practice of a licensed chiropractor, as defined in article one
14 hundred thirty-two of the education law, or a lawfully organized group
15 of licensed chiropractors that provides health care services.
16 (f) A practice of a licensed physical therapist, as defined in article
17 one hundred thirty-six of the education law, or a lawfully organized
18 group of licensed physical therapists that provides health care
19 services.
20 (g) A facility affiliated with the settings described in paragraphs
21 (a), (b), (c), (d), (e) or (f) of this subdivision.
22 (h) An exempt entity as described in section thirty-five hundred
23 fifteen of this title.
24 2. This section does not apply to a practice of a licensed midwife
25 providing care pursuant to article one hundred forty of the education
26 law.
27 3. (a) Any person or entity that fails to comply with the requirements
28 of this section is liable for a civil penalty of two thousand five
29 hundred dollars ($2,500) for a first offense and five thousand dollars
30 ($5,000) for each subsequent offense, in addition to costs and fees.
31 (b) An action to impose a civil penalty pursuant to this section may
32 be brought by the attorney general or a county district attorney. For
33 purposes of this subdivision, an offense is each ultrasound conducted in
34 violation of this section.
35 (c) Costs, fees, and civil penalties collected pursuant to this
36 section shall be paid to the office that brought the action as follows:
37 (i) to the office of the attorney general; or (ii) to the treasurer of
38 the county for the district attorney.
39 § 2. This act shall take effect on the sixtieth day after it shall
40 have become a law.
