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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6885
SPONSOR: Barron TITLE OF BILL: An act to amend the education law, in relation to the
unauthorized administration of an ultrasound
PURPOSE:
To provide that the administration of any ultrasound upon a human by a
person who is not a licensed professional authorized to do so shall
constitute a Class E felony.
SUMMARY OF SPECIFIC PROVISIONS:
Section One - The Education Law is amended by adding a new section
6512-a to prohibit a person who is not licensed or certified pursuant to
this title to perform diagnostic or therapeutic ultrasound upon humans.
Provides for civil liability for the performance of an unauthorized
administration of an ultrasound for any mental or physical injury proxi-
mately caused by such act. Also provides that no person licensed or
certified pursuant to this title to perform diagnostic or therapeutic
ultrasounds on humans or animals shall perform an ultrasound for a
reason or purpose which is not for a medical need of the patient.
Furthermore, ultrasounds are specifically prohibited for entertainment
purposes and shall constitute professional misconduct.
JUSTIFICATION:
The United States Food and Drug Administration (FDA) is warning women
about the potential dangers of having ultrasounds performed in facili-
ties, which have begun popping up all over the country, offering' keep-
sake videos of a fetus for entertainment purposes. Such places with
names including Fetal Fotos; Peek-a-Boo,Womb with a View and Baby
Insight have shown up in malls and shopping centers. These businesses,
which offer high resolution ultrasound videos with moving images of
babies inutero, have caught the attention of federal officials in the
FDA's Office of Science and Technology.
There are legitimate medical uses for ultrasound imaging at very low
power levels in pregnant women when performed by licensed or certified
technicians on a doctor's orders. These include diagnosing pregnancy,
determining fetal age, diagnosing congenital abnormalities, evaluating
position of placenta and determining multiple pregnancies. However, the
long-term effects of repeated ultrasound exposures on the fetus are not
fully known, and unnecessary exposure to the form of energy utilized by
ultrasound machines is not considered to be innocuous. This is especial-
ly true when considering the fact that safe power levels or proper work-
ing equipment cannot be relied upon by facilities in the entertainment
industry rather than the medical community.
In addition, there is the threat of women mistaking such a keepsake
video performed for entertainment purposes as a form of medical reassur-
ance of a healthy pregnancy or of a perceived problem and forsaking
proper prenatal care and diagnosis by an obstetrician. Therefore, due
to the unknown effects of repeated ultrasound use on a fetus and its
associated risks, having an ultrasound for nonmedical purposes will be
prohibited in the State of New York under this bill.
PRIOR HISTORY:
A5978 2009 Referred to Higher Education
A2924 2008
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
