2013 New York Consolidated Laws
PBH - Public Health
Article 35 - PRACTICE OF RADIOLOGIC TECHNOLOGY
Title 4 - (3515 - 3517) CONSTRUCTION
3515 - Construction; rights of licensed radiologic technologists and exemptions from this article.

 
    §  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.