§ 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