2023 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 incarcerated individuals committed
to  such  facility,  in  connection  with  the  implementation  of  such
facility's security program.
(ii)  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 state 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 individuals detained in, committed
to, visiting, or employed in  such  facility,  in  connection  with  the
implementation of such facility's security program.
(iii) The utilization of such body imaging scanning equipment shall be
in  accordance  with  regulations  promulgated by the department, or for
local correctional facilities 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. The state commission of correction, in consultation with
the   department   of   corrections  and  community  supervision,  shall
promulgate regulations establishing when body imaging scanning equipment
will be used to screen visitors and incarcerated  individuals  in  state
correctional  facilities.  Such  regulations  shall  include  provisions
establishing that alternative  methods  of  screening  may  be  used  to
accommodate individuals who decline or are unable to be screened by body
imaging  scanning  equipment  for  medical  reasons and that alternative
methods of screening may be used to accommodate individuals who  decline
to be screened for other reasons, unless security considerations warrant
otherwise.  Such  regulations  shall also ensure that no person shall be
subjected to any  form  of  harassment,  intimidation,  or  disciplinary
action for choosing to be searched by an alternative method of screening
in lieu of body imaging scanning.
The   department   of  corrections  and  community  supervision  shall
promulgate regulations establishing when body imaging scanning equipment
will be used to screen employees of the department  of  corrections  and
community  supervision, provided, however that such regulations shall be
consistent with  the  policies  and  procedures  of  the  department  of
corrections and community supervision governing the search of employees.
Such  regulations shall include provisions establishing that alternative
methods of screening may be used to accommodate individuals who  decline
or  are  unable  to  be  screened by body imaging scanning equipment for
medical or other reasons. Such regulations shall  also  ensure  that  no
person  shall  be  subjected to any form of harassment, intimidation, or
disciplinary action for choosing to be searched by an alternative method
of screening in lieu of body imaging scanning. An employee's request  to
be  searched  by  an  alternative  method  of  screening in lieu of body
imaging scanning shall not,  in  itself,  be  grounds  for  disciplinary
action against such employee.
(b)  Prior  to  establishing,  maintaining  or operating in a state or
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 state or local correctional

facilities shall have successfully completed a training course  approved
by the department, or for local correctional facilities 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  individuals  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  state  or  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 state or 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:
(i) " Local correctional facility" shall  have  the  same  meaning  as
found in subdivision sixteen of section two of the correction law.
(ii)   "State   correctional  facility"  shall  mean  a  "correctional
facility"  as  defined  in  subdivision  four  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.  If  body  imaging  scanning
equipment  is utilized in one or more state correctional facilities, the
department of corrections and  community  supervision  shall  submit  an
annual  report  to  the department, the speaker of the assembly, and the
temporary president of the senate.  Such  report  by  either  the  local
government  agency  or  the  department  of  corrections  and  community
supervision 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) For  local  correctional  facilities,  the  number  of  times  the
equipment  was  used  on  incarcerated  individuals  upon  intake, after
visits, and upon the suspicion of contraband, as well as any other event
that triggers the use of such equipment, and the  average,  median,  and
highest  number  of  times  the  equipment  was used on any incarcerated
individual, with corresponding exposure levels; and
(ii) For state  correctional  facilities,  the  number  of  times  the
equipment was used on individuals detained in, committed to, working in,
or  visiting  the  facility  upon  intake, before work shift, after work
shift,  before  visits,  after  visits,  and  upon  the   suspicion   of
contraband,  as  well  as  any other event that triggers the use of such
equipment, and the average, median, and  highest  number  of  times  the
equipment  was used on any individual detained in, committed to, working
in, or visiting the facility, 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, 2029