NY State Senate Bill 2023-S9630

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	referred to health

2023-S9630 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3502, 3501 & 3510, add §3503, Pub Health L

2023-S9630 (ACTIVE) - Summary

Authorizes a holder of a license to perform limited-scope radiography to practice radiography at urgent care centers under the supervision of a licensed practitioner or licensed registered radiologic technologist; defines limited-scope radiographer as a person licensed to practice radiography limited to chest, extremities, skull/sinus, and spine/sacrum at urgent care centers; makes related provisions.

2023-S9630 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9630

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to limited-scope
radiographers

 
PURPOSE:

To create a registration and licensing process for limited-scope radiog-
raphers.

 
SUMMARY OF PROVISIONS:

Section 1: Allows the department to issue separate licenses in the areas
of radiography, radiation therapy, or nuclear medicine technology to
individuals who qualify under section thirty-five of this title. Subdi-
vision 4 allows the department to issue limited-scope radiographer
licenses to individuals who qualify under sections thirty-five hundred
three and thirty-five hundred five of this title.

Section 2: Amends subdivision 17 of section 3501 of the public health
law to provide that the definition of "Supervision" means the oversight
of a licensed radiologic technologist or a limited scope radiographer,
as applicable, by a licensed practitioner within the limits specified in
the law under which the practitioner is licensed.

Section 3: Adds two new subdivisions 4-a and 13. Subdivision 4-a
provides the definition of "limited-scope radiographer" is a person
licensed pursuant to section thirty-five hundred three of the article to
practice radiography limited to chest, extremities, skull/sinus,
spine/sacrum, and hip/pelvis at urgent care centers. Subdivision 13
defines "urgent care center" as meaning any medical practice location
which provides immediate, on-site evaluation, diagnosis and treatment of
non-emergent, acute illnesses or injuries during posted hours of opera-
tion, primarily or exclusively on a walk-in or after-hours basis.

Section 4: Adds a new section of 3503 to the public health law.  Subdi-
vision 1 of section 3503 creates a license to practice as a limited
scope radiographer and authorizes a holder of such license to practice
radiography at urgent care centers under supervision of a licensed prac-
titioner or a licensed registered radiologic technologist.  Subdivision
2 allows the commissioner to establish standards that educational
programs in limited radiography must meet to be approved as a limited
radiography education program in New York state which includes eighty
hours of didactic content addressing topics such as radiographic anato-
my, laws of healthcare, and digital acquisition and display as well as
two-hundred forty hours of clinical training.  Subdivision 3 establishes
a registration process by which individuals may apply to the commission-
er to be licensed as a limited-scope radiographer pursuant to this
section.  Subdivision 4 allows the commissioner to authorize to promul-
gate any rules and/or regulations necessary for the effective implemen-
tation of this section.

Section 5: Allows for the license, registration, or intravenous contrast
administration certificate of a radiologic-technologists or license to
practice as a limited scope radiographer to be subjected to discipline
such as suspension for a fixed period, revoked or annulled, or such
licensee censure, reprimanded, subject to a civil penalty not to exceed
two thousand dollars for every violation.

Section 6: Establishes the enacting clause.

 
JUSTIFICATION:

A 2019 survey by the American Society of Radiologic Technologists (ASRT)
revealed radiology departments were understaffed with radiographers. The
Bureau of Labor and Statistics has recently highlighted there expects to
be a minimum of a six (6%) percent growth in demand for radiographers
over the next ten years which will compound the existing shortage of
radiographers in the healthcare system, particularly in the urgent care
setting.

In New York, there are over eight hundred urgent care facilities that
provide care for roughly twenty million New Yorkers each year. According
to a 2023 survey conducted by the Northeast Regional Urgent Care Associ-
ation, urgent care facilities lack an on-site radiologic technologist
sixty-six (66%) percent of the time. For patients, this means they must
be referred elsewhere for x-rays, such as emergency rooms and outpatient
imaging centers, which increases the cost of care to the patient and the
payors. The lack of on-site radiologic technologists at urgent care
centers also adds congestion to emergency rooms and results in longer
wait times for those persons who truly seek emergent care at a hospital.
Keeping the patient in urgent care for the x-ray would be more cost
efficient as urgent care services are captured under a flat fee.

Establishing licensure for limited -scope radiographers is a common-
sense solution to this problem as it would preserve patient safety and
care quality, improve patient compliance and outcomes, keep overall
healthcare costs low, and ensure radiologic technologists can utilize
their full scope of expertise in the areas where that expertise is most
needed. Since 1972, thirty-four (34) state have implemented a path to
limited scope radiography. In many, candidates for limited x-ray licen-
sure must meet a prescribed set of clinical and didactic education
requirements prior to sitting for, and passing, the limited scope of
practice in radiography exam. After obtaining this licensure, a limited
radiographer can only perform simple radiographs of the anatomical
region of which he or she is licensed. For instance, if a limited radi-
ographer only possesses licensure in chest and extremities, he or she is
permitted to only take x-rays of these anatomical areas. For the New
Y01k urgent care center setting, a limited scope licensure pathway would
result in trained support staff performing the low volume, simple radi-
ography that commonly occurs daily, instead of the urgent care center
being restricted to radiologic technologists to take a small number of
basic x-rays.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act should take effect immediately.

2023-S9630 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9630
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  limited-scope
   radiographers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1, paragraph (c) of subdivision 2 and  subdivi-
 sion 4 of section 3502 of the public health law, as added by chapter 175
 of the laws of 2006, are amended to read as follows:
   1.  The department shall issue separate licenses in the areas of radi-
 ography, radiation therapy and nuclear medicine technology  to  individ-
 uals  who  qualify under section thirty-five hundred five of this title.
 THE DEPARTMENT SHALL ISSUE LIMITED-SCOPE RADIOGRAPHER LICENSES TO  INDI-
 VIDUALS  WHO  QUALIFY UNDER SECTIONS THIRTY-FIVE HUNDRED THREE AND THIR-
 TY-FIVE HUNDRED FIVE OF THIS TITLE.
   (c) only persons licensed under this article shall practice  radiogra-
 phy,  radiation  therapy or nuclear medicine technology or use the title
 "LIMITED-SCOPE RADIOGRAPHER," "radiographer," "radiologic technologist,"
 "radiation therapist" or "nuclear  medicine  technologist"  or  use  the
 abbreviations  LRT,  RTT,  LRTT,  NMT,  or  LNMT  with [his or her] SUCH
 PERSON'S name; and
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15544-02-4
 S. 9630                             2
 
 injector,  but  does not mean the determination of the type or volume of
 media to be administered or injected.  LIMITED-SCOPE RADIOGRAPHERS SHALL
 NOT BE AUTHORIZED UNDER THIS  ARTICLE  TO  INJECT  INTRAVENOUS  CONTRAST
 MEDIA.
   § 2. Subdivision 17 of section 3501 of the public health law, as added
 by chapter 175 of the laws of 2006, is amended to read as follows:
   17.  "Supervision"  means the oversight of a licensed radiologic tech-
 nologist OR A LIMITED-SCOPE RADIOGRAPHER, AS APPLICABLE, by  a  licensed
 practitioner  acting  within the limits specified in the law under which
 the practitioner is licensed.
   § 3. Section 3501 of the public health law is amended  by  adding  two
 new subdivisions 4-a and 13 to read as follows:
   4-A.  "LIMITED-SCOPE RADIOGRAPHER" SHALL MEAN A PERSON LICENSED PURSU-
 ANT TO SECTION THIRTY-FIVE HUNDRED THREE OF  THIS  ARTICLE  TO  PRACTICE
 RADIOGRAPHY LIMITED TO CHEST, EXTREMITIES, SKULL/SINUS, AND SPINE/SACRUM
 AT URGENT CARE CENTERS. THE LIMITED-SCOPE RADIOGRAPHER SHALL NOT UTILIZE
 FLUOROSCOPY.
   13. "URGENT CARE CENTER" SHALL MEAN ANY MEDICAL PRACTICE LOCATION THAT
 PROVIDES  IMMEDIATE  AND ON-SITE EVALUATION, DIAGNOSIS, AND TREATMENT OF
 NON-EMERGENT, ACUTE ILLNESSES OR INJURIES DURING POSTED HOURS OF  OPERA-
 TION, PRIMARILY OR EXCLUSIVELY ON A WALK-IN OR AFTER-HOURS BASIS.
   §  4. The public health law is amended by adding a new section 3503 to
 read as follows:
   § 3503. LIMITED-SCOPE RADIOGRAPHERS. 1. A LICENSE  TO  PRACTICE  AS  A
 LIMITED-SCOPE  RADIOGRAPHER  SHALL AUTHORIZE A HOLDER OF SUCH LICENSE TO
 PRACTICE RADIOGRAPHY AT URGENT CARE CENTERS UNDER THE SUPERVISION  OF  A
 LICENSED PRACTITIONER OR LICENSED REGISTERED RADIOLOGIC TECHNOLOGIST.
   2.   THE  COMMISSIONER  SHALL  ESTABLISH  STANDARDS  THAT  EDUCATIONAL
 PROGRAMS IN LIMITED RADIOGRAPHY MUST MEET TO BE APPROVED  AS  A  LIMITED
 RADIOGRAPHY  EDUCATION PROGRAM IN NEW YORK STATE. COURSES SHALL INCLUDE,
 AT A MINIMUM, A TOTAL OF EIGHTY  HOURS  OF  DIDATIC  CONTENT  THAT  MUST
 ADDRESS  RADIOGRAPHIC  ANATOMY, PROCEDURES, AND PATHOLOGY, DIGITAL IMAGE
 ACQUISITION AND DISPLAY, FUNDAMENTALS, ETHICS, AND LAWS  OF  HEALTHCARE,
 HUMAN  ANATOMY  AND  PHYSIOLOGY,  IMAGE PRODUCTION AND ANALYSIS, IMAGING
 EQUIPMENT AND RADIATION PRODUCTION,  MEDICAL  TERMINOLOGY,  AND  PATIENT
 CARE.  A  MINIMUM  OF  TWO HUNDRED FORTY HOURS OF CLINICAL TRAINING MUST
 ALSO BE INCORPORATED THAT INCLUDES A MINIMUM OF FIVE CLINICAL  COMPETEN-
 CIES,  IN  EACH ANATOMICAL AREA THAT THE LIMITED-SCOPE RADIOGRAPHER WILL
 IMAGE, PERFORMED UNDER DIRECT SUPERVISION OF A RADIOLOGIC  TECHNOLOGIST.
 UPON  COMPLETION  OF THE COURSE, SUCCESSFUL COMPLETION OF A STANDARDIZED
 ACCREDITATION EXAMINATION THAT  ASSESSES  THE  KNOWLEDGE  AND  COGNITIVE
 SKILLS  UNDERLYING  THE  INTELLIGENT  PERFORMANCE OF THE TASKS TYPICALLY
 REQUIRED OF A LIMITED-SCOPE RADIOGRAPHER IS REQUIRED.   ANY SUCH  COURSE
 OR  ACCREDITING EXAMINATION SHALL BE APPROVED BY THE COMMISSIONER AND NO
 PERSON, INSTITUTION OR AGENCY SHALL OFFER A COURSE OF STUDY IN  LIMITED-
 SCOPE  RADIOGRAPHY  UNLESS  SUCH  COURSE  OF  STUDY IS REGISTERED BY THE
 DEPARTMENT OR BY THE DEPARTMENT OF EDUCATION AND MEETS SUCH STANDARDS OF
 QUALITY, CHARACTER AND COMPETENCE OF SPONSORS AND  OFFICIALS,  FINANCIAL
 RESOURCES, PUBLIC NEED, AND OTHER PERTINENT MATTERS AS MAY BE PRESCRIBED
 BY  THE  COMMISSIONER OR BY THE COMMISSIONER OF EDUCATION IN APPROPRIATE
 RULES AND REGULATIONS.
   3. THE COMMISSIONER SHALL ESTABLISH A REGISTRATION  PROCESS  BY  WHICH
 INDIVIDUALS MAY SUBMIT AN APPLICATION TO THE COMMISSIONER TO BE LICENSED
 AS A LIMITED-SCOPE RADIOGRAPHER PURSUANT TO THIS SECTION. SUCH REGISTRA-
 TION  PROCESS AND APPLICATION SHALL BE CONSISTENT WITH THE PROVISIONS OF
 SECTION THIRTY-FIVE HUNDRED SEVEN OF THIS TITLE AND SHALL INCLUDE:
 S. 9630                             3
 
   (A) AN ATTESTATION THAT THE APPLICANT HAS COMPLETED AN APPROVED COURSE
 AND ACCREDITING EXAMINATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION,
 AND RECEIVED A PASSING SCORE ON SUCH ACCREDITING EXAMINATION  AS  DETER-
 MINED BY THE COMMISSIONER; AND
   (B) ANY OTHER INFORMATION AS MAY BE REQUIRED BY THE COMMISSIONER.
   4. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY RULES AND/OR
 REGULATIONS NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THIS SECTION.
   § 5. The opening paragraph and paragraphs (d), (f) and (p) of subdivi-
 sion  1  of section 3510 of the public health law, the opening paragraph
 as amended and paragraph (p) as added by section 97 of part E of chapter
 56 of the laws of 2013, and paragraphs (d) and (f) as added  by  chapter
 175 of the laws of 2006, are amended to read as follows:
   The  license,  registration  or  intravenous  contrast  administration
 certificate of a radiologic technologist, OR LICENSE TO  PRACTICE  AS  A
 LIMITED-SCOPE RADIOGRAPHER, may be suspended for a fixed period, revoked
 or  annulled, or such licensee censured, reprimanded, subject to a civil
 penalty not to exceed two thousand dollars for every such violation,  or
 otherwise  disciplined, in accordance with the provisions and procedures
 defined in this  article,  provided  that  no  civil  penalty  shall  be
 assessed for any crime or misconduct that occurred outside the jurisdic-
 tion of New York state upon decision after due hearing that the individ-
 ual is guilty of the following misconduct:
   (d)  aiding  and  abetting  in the practice of radiologic technology a
 person who is not a registered radiologic technologist OR  LIMITED-SCOPE
 RADIOGRAPHER  or who is practicing a form of radiologic technology which
 is beyond the scope of the individual's license;
   (f) falsely impersonating a duly registered radiologic technologist OR
 LIMITED-SCOPE RADIOGRAPHER or former duly registered radiologic technol-
 ogist OR LIMITED-SCOPE RADIOGRAPHER, or is practicing  radiologic  tech-
 nology under an assumed name;
   (p)  having [his or her] SUCH PERSON'S license to practice as a radio-
 logic technologist OR LIMITED-SCOPE RADIOGRAPHER revoked,  suspended  or
 having  other  disciplinary  action  taken,  or having [his or her] SUCH
 PERSON'S application for a license  refused,  revoked  or  suspended  or
 having  voluntarily  or otherwise surrendered [his or her] SUCH PERSON'S
 license after a disciplinary action was instituted by a duly  authorized
 professional  disciplinary  agency  of  another state, where the conduct
 resulting in the revocation, suspension  or  other  disciplinary  action
 involving  the license or refusal, revocation or suspension of an appli-
 cation for a license or the surrender of the license would, if committed
 in New York state, constitute professional misconduct under the laws  of
 New  York state. A radiologic technologist OR LIMITED-SCOPE RADIOGRAPHER
 licensed in New York state who is also licensed or seeking licensure  in
 another  state must immediately report to the department any revocation,
 suspension or  other  disciplinary  action  involving  the  out-of-state
 license  or  refusal,  revocation or suspension of an application for an
 out-of-state license or the surrender of the out-of-state license.
   § 6. This act shall take effect immediately.

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Senate Bill S9630

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S9630 (ACTIVE) - Details

2023-S9630 (ACTIVE) - Summary

2023-S9630 (ACTIVE) - Sponsor Memo

2023-S9630 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9630

Share this bill

Sponsored By

Monica R. Martinez

Current Bill Status - In Senate Committee Health Committee

2023-S9630 (ACTIVE) - Details

2023-S9630 (ACTIVE) - Summary

2023-S9630 (ACTIVE) - Sponsor Memo

2023-S9630 (ACTIVE) - Bill Text download pdf

Comments