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.
STATE OF NEW YORK
________________________________________________________________________
6885
2013-2014 Regular Sessions
IN ASSEMBLY
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 § 2. The education law is amended by adding a new section 6512-a to
7 read as follows:
8 § 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 § 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 § 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 § 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 § 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.
