N.Y. Comp. Codes R. & Regs. tit. 8 § 65.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 65.7 - Course of study required for the operation by an unlicensed person of radiographic equipment for foot radiography

(a) Purpose. The purpose of this section is to set forth standards for a course of study required to be completed by unlicensed persons before such unlicensed persons may operate radiographic equipment for the sole purpose of foot radiography, while under the direct supervision of a licensed podiatrist, in accordance with the requirements of section 7006(4) of the Education Law and section 65.6 of this Part. and to establish requirements for providers of such a course of study.

(b) Approval of course of study. To be approved by the department for purposes of section 7006(4) of the Education Law and section 65.6 of this Part. the course of study shall meet the requirements of this section and be approved by the department pursuant to the procedures of this section.

(c) Standards for the course of study.

(1) Providers. The course of study shall be offered by degree-granting institutions that offer registered programs in the health professions or equivalent programs, hospitals or health facilities regulated pursuant to article 28 of the Public Health Law, professional associations representing the health professions, or other entities that have as a purpose the provision of education or training on health care subjects to health professionals.

(2) Admission requirements.

(i) Candidates for admission to the course of study shall meet the following requirements:

(a) be at least 18 years of age;

(b) hold at least a high school diploma or its equivalent; and

(c) be of good moral character.

(ii) All candidates for admission shall be required to submit a formal written application.

(3) Course of study.

(i) The course of study shall contain at least eight clock hours of in-person instruction.

(ii) The instruction shall include the following content areas:

(a) basic radiation safety for the patient and the operator, and infection control techniques;

(b) positioning the patient for a podiatric radiograph;

(c) production of the radiograph; and

(d) developing radiographs.

(iii) The course of study shall require the candidate to train on and operate radiographic equipment on nonhuman models. Such operation must be under the direct in-person observation and supervision of a licensed podiatrist who shall ensure the safe operation of the equipment. The equipment must be approved by the New York State Department of Health for use by an unlicensed person while under the direct supervision of a licensed podiatrist.

(iv) The course of study shall require the unlicensed person to demonstrate competency in the operation of radiographic equipment for the purpose of foot radiography through successful completion of a practical examination using such equipment on nonhuman models and a written examination. Such practical examination must be under the direct in-person observation and supervision of a licensed podiatrist who shall ensure the safe and competent operation of the radiographic equipment.

(v) The provider shall prepare in written form and make use of a detailed curriculum, which describes learning objectives and competencies achieved by the course of study.

(4) Instructors. The course of study shall be taught by instructors who have demonstrated by training, education, and experience their competence to teach the course content prescribed in paragraph (3) of this subdivision.

(5) Facilities and equipment. The course of study shall be supported by adequate facilities, equipment, and other physical resources, including but not limited to, the type of radiographic equipment approved by the Department of Health for use by unlicensed persons while under the direct supervision of a licensed podiatrist. The provider must conform to all applicable statutes, rules and regulations relating to radiation safety standards.

(d) Responsibilities of providers of the course of study.

(1) A provider of the course of study shall execute a certification of completion for each person successfully completing the course of study.

(2) Within 21 calendar days of the completion of course of study, the provider shall transmit a certification of completion to the person successfully completing the course of study for that person's use in documenting such completion.

(3) The provider shall retain in its files for not less than six years from the date of the conclusion of each session of the course of study; a copy of the certification of completion for students who successfully completed the course of study; a record of the dates of the course of study; the written applications submitted by all students who were admitted to the course of study: attendance in the course of study; the written curriculum for the course of study; instructors who taught the course of study; examination results; and such other matters as determined by the department to confirm participation in the course of study.

(4) In the event that the provider discontinues offering the course of study, upon such discontinuance, all records retained pursuant to paragraph (3) of this subdivision shall be transferred to the department.

(e) Application for approval of course of study.

(1) Providers seeking approval of a course of study pursuant to this section shall submit to the department an application on forms prescribed by the department and a fee of $500 for the review of such course of study and the issuance of a permit from the department to become an approved provider.

(2) The department shall review the information contained in such application and may request and review additional information and may conduct site visits to ensure compliance with the requirements of this section.

(f) Term of approval of course of study.

(1) The course of study shall be approved for a period of six years, except that the approved status of such course of study may be terminated during this term by the department in accordance with subdivision (g) of this section.

(2) At the expiration of said term, a provider may reapply to the department for approval of the course of study by following the requirements of subdivision (e) of this section, including payment of a required fee of $500, for the renewal of the permit from the department to be an approved provider for an additional six-year term.

(g) Review of course of study.

(1) The department may review the course of study during the term of approval to ensure compliance with the requirements of this section and may request information from a provider and may conduct site visits, pursuant to such review.

(2) A determination by the department that the course of study offered by a provider is inadequate, incomplete, or otherwise unsatisfactory pursuant to standards set forth in this section shall result in the denial or termination of the approved status of the course of study.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 65.7