New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter M - X-ray Technology And Chiropractic Use Of X-ray › Part 89 - Practice Of Radiologic Technology › Practice of Radiologic Technology › Section 89.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As
					 used in this Part, unless the context otherwise requires:
(1) Applicable regulations means this Part,
					 and for persons and facilities located outside New York City, Part 16 of this
					 Title and, for persons and facilities located in New York City, article 175 of
					 the New York City Health Code.
(2)
					 Accrediting organization means an organization accepted by the department as a
					 reliable authority for the purpose of accrediting examinations, certifications,
					 registrations or educational programs in the fields of radiography, radiation
					 therapy, or nuclear medicine technology.
(3) Authorized person means a certified nurse
					 practitioner or a duly licensed physician assistant working under the
					 supervision of a physician.
(4)
					 Reserved
(5) Department means the
					 New York State Department of Health.
(6) Direct supervision means that a physician
					 must be present in the section of the facility where the procedure is being
					 performed and is not concurrently encumbered by responsibilities that would
					 preclude the physician from responding to a request for assistance within a
					 timeframe that poses no risk to the patient. The physician shall be immediately
					 available to furnish assistance and direction throughout the performance of the
					 procedure, and is professionally responsible for the performance of the
					 procedure. It does not mean that the physician must be present in the room when
					 the procedure is performed.
(7)
					 Licensed practitioner means any person licensed or otherwise authorized under
					 the State Education Law to practice medicine, dentistry, podiatry, or
					 chiropractic.
(8) Negligence and/or
					 incompetence in the practice of radiologic technology means any failure to
					 adhere to generally accepted standards of such practice and includes, but is
					 not limited to:
(i) failure to exercise due
					 regard for the safety or life or health of the patient;
(ii) failure to perform radiologic tests,
					 procedures or treatments as ordered;
(iii) failure to comply with applicable
					 regulations or the Public Health Law;
(iv) failure to protect patients and other
					 persons from unnecessary exposure to radiation, including failure to properly
					 use protective devices such as mechanical patient restraints;
(v) failure to wear an identification badge,
					 as required by this Part; or
(vi)
					 abandonment or neglect of any patient in need of immediate medical attention
					 without making reasonable arrangements to ensure that the patient receives such
					 attention.
(9) Personal
					 supervision means the physician must be in attendance in the room during the
					 performance of the procedure.
(10)
					 Sponsoring institution means a medical or educational organization that offers
					 educational programs in the field of radiologic technology.
(11) Supervision means the oversight of a
					 licensed radiologic technologist by a licensed practitioner acting within the
					 limits specified in the law under which the practitioner is licensed.
(12) Unethical conduct is behavior that
					 indicates unfitness to practice radiologic technology and includes, but is not
					 limited to:
(i) engaging in the practice of
					 radiologic technology while in an intoxicated condition or under the influence
					 of narcotic or other drug(s) that impair consciousness, judgment or
					 behavior;
(ii) immoral conduct
					 while engaged in the practice of radiologic technology or immoral behavior
					 indicating an unfitness to practice radiologic technology;
(iii) willful falsification, destruction or
					 theft of property or records relating to the practice of radiologic
					 technology;
(iv) unauthorized
					 disclosure of information or records relating to a patient;
(v) discrimination in the practice of
					 radiologic technology against any person based on race, religion, creed,
					 national origin, gender or sexual orientation;
(vi) verbally or physically harassing,
					 abusing or intimidating a patient or other person (including, but not limited
					 to, sexual harassment or abuse) while on the premises of a health care facility
					 or while practicing radiologic technology;
(vii) failure to report in writing to the
					 department of a felony conviction by any Federal or State court within 30 days
					 of the conviction;
(viii) failure
					 to report in writing to the department of a conviction by any Federal or State
					 court of a crime that is not a felony in the jurisdiction in which the
					 conviction is had, but is substantially similar to a felony in the State of New
					 York;
(ix) directly or indirectly
					 offering, giving or soliciting or receiving or agreeing to receive any fee or
					 other consideration to or from a third party for the referral of a patient or
					 client or in connection with the performance of professional services;
					 or
(x) being convicted of any crime
					 consistent with the provisions of article 23-A of the Correction Law.
(13) The terms radiologic
					 technologist, radiographer, radiation therapist, and nuclear medicine
					 technologist mean an individual licensed and currently registered with the
					 department pursuant to this Part.
(14) Authorized user means a physician
					 authorized by a radioactive materials license issued under the applicable
					 regulations to use radiopharmaceuticals for diagnostic studies and/or
					 therapeutic treatments.