N.Y. Comp. Codes R. & Regs. tit. 9 § 7640.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 7640.3 - General use of body imaging scanning equipment

(a) The department shall ensure that the installation, registration, recordkeeping, maintenance, operation and inspection of any body imaging scanning equipment utilized in a correctional facility shall comply with the regulatory requirements promulgated by the Department of Health.

(b) An individual who is pregnant shall not be subject to body imaging scanning equipment at any time.

(c) Procedures for identifying pregnant individuals shall be implemented by the department, consistent with applicable Department of Health regulations.

(d) Body imaging scanning equipment may not be used for medical examinations or to diagnose an illness or injury.

(e) Absent exigent circumstances, all body scans must be conducted by an officer of the same sex as the individual being scanned. Individuals who are transgender or intersex may request that they be scanned by an officer of a specific gender.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7640.3

Adopted New York State Register January 10, 2024/Volume XLVI, Issue 2, eff. 1/10/2024