NY Pub Health L § 3502 (2021)
2021 New York Laws PBH - Public Health Article 35 - Practice of Radiologic Technology Title 2 - Licensing and Registration 3502 - License Required.

§  3502.  License  required.  1.  The  department shall issue separate licenses in the areas of  radiography,  radiation  therapy  and  nuclear medicine technology to individuals who qualify under section thirty-five hundred five of this title.   2. Except where otherwise authorized by law:  (a)  only  licensed  practitioners  and  persons  licensed  under this article are permitted to apply ionizing radiation to human  beings,  and only within the limits of their specific license;  (b)  only  licensed  physicians  who  are  authorized by a radioactive materials license or persons licensed under this article  are  permitted to  use radiopharmaceuticals on human beings, and only within the limits of their specific license;  (c)  only  persons  licensed  under  this   article   shall   practice radiography, radiation therapy or nuclear medicine technology or use the title  "radiographer,"  "radiologic technologist," "radiation therapist" or "nuclear medicine technologist" or use the  abbreviations  LRT,  RTT, LRTT, NMT, or LNMT with his or her name; and  (d) notwithstanding paragraph (c) of this subdivision, quality control tests  and radiation therapy treatment planning may also be performed by individuals not licensed by this article.   3. On or after January  first,  two  thousand  nine  no  person  shall practice nuclear medicine technology or hold himself or herself out as a nuclear  medicine  technologist unless the individual is the holder of a license  pursuant  to  this  article  and   in   accordance   with   the commissioner's rules and regulations.   4.  No  radiologic technologist shall administer or inject intravenous contrast media unless (a) the individual is certified by the  department to perform such function in accordance with the commissioner's rules and regulations  (b) such administration or injection has been approved by a physician,  physician's  assistant,  nurse  practitioner  or  registered professional  nurse within twenty-four hours prior to the administration or injection (c) a physician, physician's assistant, nurse  practitioner or  registered  professional nurse performs an evaluation of the patient on the day of the procedure. Administration  or  injection  of  contrast media  means and is limited to the placement or insertion of a needle or a catheter, not exceeding three inches in length and not above the level of the axilla into a person's upper extremity and the administration  or injection  of  the intravenous contrast media, manually or by mechanical injector, but does not mean the determination of the type or  volume  of media to be administered or injected.   5.  The  department shall issue an intravenous contrast administration certificate, as defined  in  this  article,  to  an  individual  who  is approved by the department. Such individual must:  (a)  be a duly licensed and registered radiologic technologist in good standing under this article;  (b) demonstrate the satisfactory completion of education and  training concerning the insertion of a needle and a catheter;  (c) demonstrate the satisfactory completion of training in recognition of adverse reactions and cardiopulmonary resuscitation;  (d) pay a biennial certification fee of twenty dollars; and  (e) meet such other criteria as may be established by the commissioner in regulation.   * 6.  (a)  (i)  Notwithstanding  the provisions of this section or any other provision of law, rule or regulation  to  the  contrary,  licensed practitioners,  persons  licensed  under  this  article  and  unlicensed personnel employed at a local correctional facility  may,  in  a  manner permitted  by  the regulations promulgated pursuant to this subdivision, utilize body imaging scanning equipment that applies ionizing  radiation  to  humans for purposes of screening inmates committed to such facility, in connection  with  the  implementation  of  such  facility's  security program.  (ii)  The utilization of such body imaging scanning equipment shall be in accordance with regulations promulgated  by  the  department,  or  in cities  having  a  population  of  two million or more, such utilization shall be in accordance with regulations promulgated by the New York city department of health and mental hygiene.  (b) Prior  to  establishing,  maintaining  or  operating  in  a  local correctional  facility  any  body  imaging scanning equipment, the chief administrative officer of the facility shall ensure that  such  facility is  in  compliance  with  the  regulations  promulgated pursuant to this subdivision and otherwise applicable requirements for the  installation, registration,  maintenance,  operation  and  inspection  of body imaging scanning equipment.  (c) The regulations  promulgated  pursuant  to  subparagraph  (ii)  of paragraph (a) of this subdivision shall include, but not be limited to:  (i)  A  requirement  that  prior  to  operating  body imaging scanning equipment,  unlicensed  personnel   employed   at   local   correctional facilities  shall have successfully completed a training course approved by the department, or in cities of two million or more, approved by  the New  York  city  department  of health and mental hygiene, and that such personnel receive additional training on an annual basis;  (ii) Limitations on exposure which shall be no more than fifty percent of the annual exposure limits for non-radiation workers as specified  by applicable  regulations,  except  that inmates under the age of eighteen shall not be subject to more than five percent of such  annual  exposure limits,  and pregnant women shall not be subject to such scanning at any time. Procedures for identifying pregnant women shall be  set  forth  in the regulations;  (iii)  Registration  with the department of each body imaging scanning machine purchased or installed at a local correctional facility;  (iv) Inspection and  regular  reviews  of  the  use  of  body  imaging scanning  equipment by the department or the New York city department of health and mental hygiene, as applicable; and  (v) A requirement that records be kept  regarding  each  use  of  body imaging scanning equipment by the local correctional facility.  (d)  For  the  purpose  of  this  subdivision,  "body imaging scanning equipment" or "equipment" means equipment that utilizes a  low  dose  of ionizing  radiation  to produce an anatomical image capable of detecting objects placed on, attached to or secreted within a person's body.  (e)  For  the  purposes  of  this  subdivision,  "local   correctional facility" shall have the same meaning as found in subdivision sixteen of section two of the correction law.  (f)  Any  local  government agency that utilizes body imaging scanning equipment in a local correctional facility under its jurisdiction  shall submit  an annual report to the department, the speaker of the assembly, and the  temporary  president  of  the  senate.  Such  report  shall  be submitted  within eighteen months after the initial date of registration of such equipment with the  department,  and  annually  thereafter,  and shall contain the following information as to each such facility:  (i) the number of times the equipment was used on inmates upon intake, after visits, and upon the suspicion of contraband, as well as any other event that triggers the use of such equipment;  (ii)  the  average,  median, and highest number of times the equipment was used on any inmate, with corresponding exposure levels;  (iii) the number of times  the  use  of  the  equipment  detected  the presence of drug contraband, weapon contraband, and any other illegal or impermissible object or substance;  (iv)  incidents  or  any injuries or illness resulting from the use of such equipment or reported by persons scanned by such equipment; and  (v) any other information the department may reasonably require.   * NB Repealed January 30, 2024