§ 3515 — Construction; rights of licensed radiologic technologists and exemptions from this article

§ 3515. Construction; rights of licensed radiologic technologists and\nexemptions from this article. 1. Nothing in the provisions of this\narticle relating to radiologic technologists shall be construed to\nlimit, enlarge or affect, in any respect, the practice of their\nrespective professions by duly licensed practitioners.\n 1-a. (a) A radiographer who also is a specialist's assistant, as such\nterm is defined in section thirty-seven hundred of this chapter,\nregistered for the medical specialty of radiology, shall not: (i) render\nany diagnostic interpretation of any image produced by any x-ray or\nimaging procedure; (ii) make any diagnosis; (iii) prescribe or order any\ndrug or drug product for which a prescription is required by any law or\nregulation; or (iv) order, prescribe, issue or initiate a treatment\nplan, a care management program or any other therapy to or for a patient\nunless such plan, program or other therapy has been prescribed or\nordered by the supervising physician of the specialist's assistant.\n (b) Paragraph (a) of this subdivision shall be inapplicable to\nspecialist's assistants registered pursuant to law on the effective date\nof this subdivision; but such specialist's assistants shall continue to\nbe subject to all of the provisions of section sixty-five hundred thirty\nof the education law.\n 2. Nothing in this article shall be construed to limit the authority\nof any person to administer or inject contrast media under any other law\nor under any rule or regulation of the commissioner, the department, the\ndepartment of education or the board of regents.\n 3. Nothing in title eight of the education law shall be construed or\napplied to limit the authority of a person licensed or certified under\nthis article to exercise the authority conferred by such license or\ncertification under this article.\n 4. This article shall not be construed as applying to:\n (a) a student enrolled in or attending a school or college of\nmedicine, osteopathy, dentistry, podiatry, chiropractic, or radiologic\ntechnology who applies radiation to a human being, while under the\ndirect supervision of a licensed physician, dentist, podiatrist,\nchiropractor, or radiologic technologist respectively;\n (b) a person engaged in performing the duties of a radiologic\ntechnologist as defined pursuant to this article in his or her\nemployment by an agency, bureau or division of the government of the\nUnited States;\n (c) a person acting as a certified dental assistant or uncertified\ndental assistant who, under the supervision of a licensed dentist,\noperates only such radiographic dental equipment as may be prescribed by\nthe commissioner in rules and regulations for the sole purpose of dental\nradiography;\n (d) a person acting as a certified podiatric assistant or uncertified\npodiatric assistant who, under the supervision of a licensed podiatrist,\noperates radiographic podiatry equipment as may be prescribed by the\ncommissioner in rules and regulations for the sole purpose of podiatric\nradiography; or\n (e) a person issued a license as a chest radiographer prior to\nnineteen hundred seventy-two may use x-rays or x-ray producing equipment\non human beings only as prescribed by the commissioner in rules and\nregulations.\n