Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES
Defibrillators — See Ch. 400.
Medical specimens — See Ch. 590.
Tanning facilities — See Ch. 772.
586a Uncod LL Pro
[Adopted 10-13-1993 by L.L. No. 23-1993 (Ch. 349, Art. I, of the 1985 Code)]

§ 586-1 Legislative intent.

A. 
This Legislature hereby finds and determines that recent newspaper articles have raised concerns in the general population regarding the high incidence of breast cancer on Long Island.
B. 
This Legislature also finds that regular mammography examinations can detect early breast cancer and reduce deaths attributable to breast cancer.
C. 
This Legislature further finds that recent concerns and incidents on Long Island regarding the use of X-ray technology in mammography (breast cancer imaging) testing have raised fears in the female population regarding the risks associated with such testing.
D. 
This Legislature also finds and determines that the public health, safety and general welfare of Suffolk County residents could be enhanced by a public information and education program regarding the use of such breast cancer imaging equipment.
E. 
Therefore, the purpose of this article is to develop and implement a public information program for the purpose of informing and educating women as to the necessity of having mammography examinations.

§ 586-2 Program established.

A. 
The Commissioner of Health Services is hereby authorized, empowered and directed, pursuant to § C9-3 of the Suffolk County Charter, to develop and implement a public education and information program, in conjunction with the County Office of Women's Services in the Office of the County Executive, for the purpose of informing and educating women as to the importance, necessity and availability of mammography examinations, said program to be developed and initiated through the use of the existing resources to ensure that the most cost-effective alternative is being utilized by the County to start up this public awareness program.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
B. 
The Commissioner shall consult with the Suffolk County Breast Health Partnership, or any successor organization thereto, in developing this program.
C. 
The Commissioner of the County Department of Health Services is hereby authorized, empowered, and directed, pursuant to § C9-3 of the Suffolk County Charter, to establish a crisis hot line for individuals to contact for the purpose of obtaining information regarding the risks, dangers, remedies and other pertinent information associated with the use of X-ray technology or radiologic technology applied by an X-ray technician, radiologic technologist, general X-ray technician, general radiologic technologist, radiologist, licensed practitioner, health physicist or chest radiographer for breast cancer imaging testing within the County of Suffolk. This hot line shall be established in such a manner as to provide accessibility to the public for not less than 12 hours each weekday and eight hours each weekend.

§ 586-3 Applicability.

This article shall apply to mammography examinations occurring on or after the effective date of this article.
[Adopted 10-13-1993 by L.L. No. 24-1993 (Ch. 349, Art. II, of the 1985 Code)]

§ 586-4 Legislative intent.

A. 
This Legislature hereby finds and determines that recent concerns and incidents on Long Island regarding the use of X-ray technology in mammography (breast cancer imaging) testing have raised fears in the female population regarding the risks associated with such testing.
B. 
Therefore, the purpose of this article is to protect, promote and enhance the public health, safety and general welfare of Suffolk County residents by requiring a disclosure of basic information to the public regarding the use of such breast cancer imaging equipment.

§ 586-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of the Suffolk County Department of Health Services.
GENERAL X-RAY TECHNICIAN
A person, other than a licensed professional practitioner, who uses X-rays on human beings as an X-ray technician or a radiologic technologist and whose application of radiation on human beings is limited to diagnostic purposes under the supervision of a licensed professional practitioner.
LICENSED PROFESSIONAL PRACTITIONER
A person licensed or otherwise authorized under the New York Education Law to practice medicine, dentistry, podiatry, osteopathy or chiropractic.
RADIOLOGIC TECHNOLOGIST
A person, other than a licensed professional practitioner, who uses X-rays on human beings, and it shall include a person who actually handles X-ray equipment in the process of applying radiation on a human being under the supervision of a licensed professional practitioner.
RADIOLOGIST
A person duly licensed to practice medicine in the State of New York and who is certified or eligible for certification by the American Board of Radiology in radiology or by the American Osteopathic Board of Radiology.
X-RAY TECHNOLOGY or RADIOLOGIC TECHNOLOGY
The use of X-rays or X-ray-producing equipment on human beings for diagnostic or therapeutic purposes under the supervision of a licensed professional practitioner.

§ 586-6 Notification requirements.

A. 
Any facility which provides mammography examinations through the use of X-ray technology or radiologic technology applied by a licensed and registered radiologic technologist, general X-ray technician, radiologist or licensed professional practitioner within the County of Suffolk shall post in its patient waiting area a sign or poster at least 12 inches by 18 inches in size with conspicuous lettering containing all capital letters not less than two inches in height on a contrasting background stating:
(1) 
That annual inspections of the facility are conducted by the Suffolk County Department of Health Services and that questions and/or concerns may be addressed to said department; and
(2) 
The American College of Radiology (ACR) accreditation of said equipment, including the accreditation number, specification of the individual pieces of equipment accredited or to be accredited at the facility, the date of accreditation, and a statement indicating:
"ACR ACCREDITATION IS AN IMPORTANT ASSURANCE OF MEDICAL QUALITY."
B. 
If any facility provides mammography examinations through the use of X-ray technology or radiologic technology applied by a licensed and registered radiologic technologist, general X-ray technician, radiologist or licensed professional practitioner within the County of Suffolk using imaging equipment units for which an application for accreditation has been made to the ACR, then the sign or poster placed in its waiting area shall state, in lieu of Subsection A(2) of this section, that the accreditation is pending, such statement to be changed to conform to Subsection A(2) of this section upon granting of the ACR accreditation, and shall also state that the County Department of Health Services conducts annual inspections of the facility. The County Department of Health Services, in conducting inspections to verify compliance with Subsection A of this section, shall require written proof or certification of such accreditation.
C. 
If any facility which provides mammography examinations through the use of X-ray technology or radiologic technology applied by a licensed and registered radiologic technologist, general X-ray technician, radiologist or licensed professional practitioner within the County of Suffolk does not have ACR-accredited equipment, then the facility shall still post the sign or poster required by Subsection A of this section and shall also state on said sign or poster that the equipment is not ACR-accredited.

§ 586-7 Applicability.

This article shall apply to mammography examinations occurring on or after the effective date of this article.

§ 586-8 Penalties for offenses; enforcement.

A. 
Willful failure to comply with § 586-6 of this article shall constitute a violation punishable by a civil fine of $100 for each violation.
B. 
Each day such violation continues shall constitute a separate offense.
C. 
This article shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article II, §§ 760-200 through 760-221, of the Suffolk County Sanitary Code.

§ 586-9 Rules and regulations.

The Commissioner is hereby authorized and empowered to issue and promulgate such rules and regulations as he or she shall deem necessary and appropriate to implement the provisions of this article.