Legislation
SECTION 3515
Construction; rights of licensed radiologic technologists and exemptions from this article
Public Health (PBH) CHAPTER 45, ARTICLE 35, TITLE 4
§ 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.
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.