N.Y. Pub. Health Law § 3515

Current through 2024 NY Law Chapter 456

Section 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.

N.Y. Pub. Health Law § 3515