§ 3502 — License required

New York § 3502

• Jurisdiction: New York
• Law PBH: Public Health
• Title 2: Licensing and Registration
• Art. 35: Practice of Radiologic Technology

Text

§ 3502. License required. 1. The department shall issue separate\nlicenses in the areas of radiography, radiation therapy and nuclear\nmedicine technology to individuals who qualify under section thirty-five\nhundred five of this title.\n 2. Except where otherwise authorized by law:\n (a) only licensed practitioners and persons licensed under this\narticle are permitted to apply ionizing radiation to human beings, and\nonly within the limits of their specific license;\n (b) only licensed physicians who are authorized by a radioactive\nmaterials license or persons licensed under this article are permitted\nto use radiopharmaceuticals on human beings, and only within the limits\nof their specific license;\n (c) only persons licensed under this article shall practice\nradiography, radiation therapy or nuclear medicine technology or use the\ntitle "radiographer," "radiologic technologist," "radiation therapist"\nor "nuclear medicine technologist" or use the abbreviations LRT, RTT,\nLRTT, NMT, or LNMT with his or her name; and\n (d) notwithstanding paragraph (c) of this subdivision, quality control\ntests and radiation therapy treatment planning may also be performed by\nindividuals not licensed by this article.\n 3. On or after January first, two thousand nine no person shall\npractice nuclear medicine technology or hold himself or herself out as a\nnuclear medicine technologist unless the individual is the holder of a\nlicense pursuant to this article and in accordance with the\ncommissioner's rules and regulations.\n 4. No radiologic technologist shall administer or inject intravenous\ncontrast media unless (a) the individual is certified by the department\nto perform such function in accordance with the commissioner's rules and\nregulations (b) such administration or injection has been approved by a\nphysician, physician's assistant, nurse practitioner or registered\nprofessional nurse within twenty-four hours prior to the administration\nor injection (c) a physician, physician's assistant, nurse practitioner\nor registered professional nurse performs an evaluation of the patient\non the day of the procedure. Administration or injection of contrast\nmedia means and is limited to the placement or insertion of a needle or\na catheter, not exceeding three inches in length and not above the level\nof the axilla into a person's upper extremity and the administration or\ninjection of the intravenous contrast media, manually or by mechanical\ninjector, but does not mean the determination of the type or volume of\nmedia to be administered or injected.\n 5. The department shall issue an intravenous contrast administration\ncertificate, as defined in this article, to an individual who is\napproved by the department. Such individual must:\n (a) be a duly licensed and registered radiologic technologist in good\nstanding under this article;\n (b) demonstrate the satisfactory completion of education and training\nconcerning the insertion of a needle and a catheter;\n (c) demonstrate the satisfactory completion of training in recognition\nof adverse reactions and cardiopulmonary resuscitation;\n (d) pay a biennial certification fee of twenty dollars; and\n (e) meet such other criteria as may be established by the commissioner\nin regulation.\n * 6. (a) (i) Notwithstanding the provisions of this section or any\nother provision of law, rule or regulation to the contrary, licensed\npractitioners, persons licensed under this article and unlicensed\npersonnel employed at a local correctional facility may, in a manner\npermitted by the regulations promulgated pursuant to this subdivision,\nutilize body imaging scanning equipment that applies ionizing radiation\nto humans for purposes of screening incarcerated individuals committed\nto such facility, in connection with the implementation of such\nfacility's security program.\n (ii) Notwithstanding the provisions of this section or any other\nprovision of law, rule or regulation to the contrary, licensed\npractitioners, persons licensed under this article and unlicensed\npersonnel employed at a state correctional facility may, in a manner\npermitted by the regulations promulgated pursuant to this subdivision,\nutilize body imaging scanning equipment that applies ionizing radiation\nto humans for purposes of screening individuals detained in, committed\nto, visiting, or employed in such facility, in connection with the\nimplementation of such facility's security program.\n (iii) The utilization of such body imaging scanning equipment shall be\nin accordance with regulations promulgated by the department, or for\nlocal correctional facilities in cities having a population of two\nmillion or more, such utilization shall be in accordance with\nregulations promulgated by the New York city department of health and\nmental hygiene. The state commission of correction, in consultation with\nthe department of corrections and community supervision, shall\npromulgate regulations establishing when body imaging scanning equipment\nwill be used to screen visitors and incarcerated individuals in state\ncorrectional facilities. Such regulations shall include provisions\nestablishing that alternative methods of screening may be used to\naccommodate individuals who decline or are unable to be screened by body\nimaging scanning equipment for medical reasons and that alternative\nmethods of screening may be used to accommodate individuals who decline\nto be screened for other reasons, unless security considerations warrant\notherwise. Such regulations shall also ensure that no person shall be\nsubjected to any form of harassment, intimidation, or disciplinary\naction for choosing to be searched by an alternative method of screening\nin lieu of body imaging scanning.\n The department of corrections and community supervision shall\npromulgate regulations establishing when body imaging scanning equipment\nwill be used to screen employees of the department of corrections and\ncommunity supervision, provided, however that such regulations shall be\nconsistent with the policies and procedures of the department of\ncorrections and community supervision governing the search of employees.\nSuch regulations shall include provisions establishing that alternative\nmethods of screening may be used to accommodate individuals who decline\nor are unable to be screened by body imaging scanning equipment for\nmedical or other reasons. Such regulations shall also ensure that no\nperson shall be subjected to any form of harassment, intimidation, or\ndisciplinary action for choosing to be searched by an alternative method\nof screening in lieu of body imaging scanning. An employee's request to\nbe searched by an alternative method of screening in lieu of body\nimaging scanning shall not, in itself, be grounds for disciplinary\naction against such employee.\n (b) Prior to establishing, maintaining or operating in a state or\nlocal correctional facility, any body imaging scanning equipment, the\nchief administrative officer of the facility shall ensure that such\nfacility is in compliance with the regulations promulgated pursuant to\nthis subdivision and otherwise applicable requirements for the\ninstallation, registration, maintenance, operation and inspection of\nbody imaging scanning equipment.\n (c) The regulations promulgated pursuant to subparagraph (ii) of\nparagraph (a) of this subdivision shall include, but not be limited to:\n (i) A requirement that prior to operating body imaging scanning\nequipment, unlicensed personnel employed at state or local correctional\nfacilities shall have successfully completed a training course approved\nby the department, or for local correctional facilities in cities of two\nmillion or more, approved by the New York city department of health and\nmental hygiene, and that such personnel receive additional training on\nan annual basis;\n (ii) Limitations on exposure which shall be no more than fifty percent\nof the annual exposure limits for non-radiation workers as specified by\napplicable regulations, except that individuals under the age of\neighteen shall not be subject to more than five percent of such annual\nexposure limits, and pregnant women shall not be subject to such\nscanning at any time. Procedures for identifying pregnant women shall be\nset forth in the regulations;\n (iii) Registration with the department of each body imaging scanning\nmachine purchased or installed at a state or local correctional\nfacility;\n (iv) Inspection and regular reviews of the use of body imaging\nscanning equipment by the department or the New York city department of\nhealth and mental hygiene, as applicable; and\n (v) A requirement that records be kept regarding each use of body\nimaging scanning equipment by the state or local correctional facility.\n (d) For the purpose of this subdivision, "body imaging scanning\nequipment" or "equipment" means equipment that utilizes a low dose of\nionizing radiation to produce an anatomical image capable of detecting\nobjects placed on, attached to or secreted within a person's body.\n (e) For the purposes of this subdivision:\n (i) "Local correctional facility" shall have the same meaning as found\nin subdivision sixteen of section two of the correction law.\n (ii) "State correctional facility" shall mean a "correctional\nfacility" as defined in subdivision four of section two of the\ncorrection law.\n (f) Any local government agency that utilizes body imaging scanning\nequipment in a local correctional facility under its jurisdiction shall\nsubmit an annual report to the department, the speaker of the assembly,\nand the temporary president of the senate. If body imaging scanning\nequipment is utilized in one or more state correctional facilities, the\ndepartment of corrections and community supervision shall submit an\nannual report to the department, the speaker of the assembly, and the\ntemporary president of the senate. Such report by either the local\ngovernment agency or the department of corrections and community\nsupervision shall be submitted within eighteen months after the initial\ndate of registration of such equipment with the department, and annually\nthereafter, and shall contain the following information as to each such\nfacility:\n (i) For local correctional facilities, the number of times the\nequipment was used on incarcerated individuals upon intake, after\nvisits, and upon the suspicion of contraband, as well as any other event\nthat triggers the use of such equipment, and the average, median, and\nhighest number of times the equipment was used on any incarcerated\nindividual, with corresponding exposure levels; and\n (ii) For state correctional facilities, the number of times the\nequipment was used on individuals detained in, committed to, working in,\nor visiting the facility upon intake, before work shift, after work\nshift, before visits, after visits, and upon the suspicion of\ncontraband, as well as any other event that triggers the use of such\nequipment, and the average, median, and highest number of times the\nequipment was used on any individual detained in, committed to, working\nin, or visiting the facility, with corresponding exposure levels.\n (iii) the number of times the use of the equipment detected the\npresence of drug contraband, weapon contraband, and any other illegal or\nimpermissible object or substance;\n (iv) incidents or any injuries or illness resulting from the use of\nsuch equipment or reported by persons scanned by such equipment; and\n (v) any other information the department may reasonably require.\n * NB Repealed January 30, 2029\n