2023 New York Laws › PBH - Public Health › Article 35 - Practice of Radiologic Technology › Title 4 - Construction › 3515 - Construction; Rights of Licensed Radiologic Technologists and Exemptions From This Article.

§  3515. Construction; rights of licensed radiologic technologists and
exemptions from this article. 1.  Nothing  in  the  provisions  of  this
article  relating  to  radiologic  technologists  shall  be construed to
limit, enlarge  or  affect,  in  any  respect,  the  practice  of  their
respective professions by duly licensed practitioners.
1-a.  (a) A radiographer who also is a specialist's assistant, as such
term is  defined  in  section  thirty-seven  hundred  of  this  chapter,
registered for the medical specialty of radiology, shall not: (i) render
any  diagnostic  interpretation  of  any  image produced by any x-ray or
imaging procedure; (ii) make any diagnosis; (iii) prescribe or order any
drug or drug product for which a prescription is required by any law  or
regulation;  or  (iv)  order,  prescribe,  issue or initiate a treatment
plan, a care management program or any other therapy to or for a patient
unless such plan, program  or  other  therapy  has  been  prescribed  or
ordered by the supervising physician of the specialist's assistant.
(b)  Paragraph  (a)  of  this  subdivision  shall  be  inapplicable to
specialist's assistants registered pursuant to law on the effective date
of this subdivision; but such specialist's assistants shall continue  to
be subject to all of the provisions of section sixty-five hundred thirty
of the education law.
2.  Nothing  in this article shall be construed to limit the authority
of any person to administer or inject contrast media under any other law
or under any rule or regulation of the commissioner, the department, the
department of education or the board of regents.
3. Nothing in title eight of the education law shall be  construed  or
applied  to  limit the authority of a person licensed or certified under
this article to exercise the authority  conferred  by  such  license  or
certification under this article.
4. This article shall not be construed as applying to:
(a)  a  student  enrolled  in  or  attending  a  school  or college of
medicine, osteopathy, dentistry, podiatry, chiropractic,  or  radiologic
technology  who  applies  radiation  to  a  human being, while under the
direct  supervision  of  a  licensed  physician,  dentist,   podiatrist,
chiropractor, or radiologic technologist respectively;
(b)  a  person  engaged  in  performing  the  duties  of  a radiologic
technologist  as  defined  pursuant  to  this  article  in  his  or  her
employment  by  an  agency,  bureau or division of the government of the
United States;
(c) a person acting as a certified  dental  assistant  or  uncertified
dental  assistant  who,  under  the  supervision  of a licensed dentist,
operates only such radiographic dental equipment as may be prescribed by
the commissioner in rules and regulations for the sole purpose of dental
radiography;
(d) a person acting as a certified podiatric assistant or  uncertified
podiatric assistant who, under the supervision of a licensed podiatrist,
operates  radiographic  podiatry  equipment  as may be prescribed by the
commissioner in rules and regulations for the sole purpose of  podiatric
radiography; or
(e)  a  person  issued  a  license  as  a  chest radiographer prior to
nineteen hundred seventy-two may use x-rays or x-ray producing equipment
on human beings only as prescribed by  the  commissioner  in  rules  and
regulations.