Part 89 � PRACTICE OF RADIOLOGIC TECHNOLOGY � (Statutory authority: Public Health Law, Sections 3504, 3510(1)(g), 3502(4), 3507(2) and (7))

Section � Section �

PRACTICE OF RADIOLOGIC REGISTRATION TECHNOLOGY 89.20 Registration and 89.0 Purpose and scope continuing education

89.1 Definitions EXEMPT PERSONS 89.2 Practice of radiologic 89.30 Persons exempt technology INTRAVASCULAR CONTRAST EDUCATIONAL PROGRAMS IN MEDIA INJECTION RADIOLOGIC TECHNOLOGY 89.40 Intravascular contrast 89.3 Registration procedure media injection 89.4 Educational program standards 89.5 Students

LICENSURE 89.10 General provisions 89.11 Denial of licensure 89.12 Issuance of a temporary permit

5/09 (4) Board means the department’s (i) failure to exercise due (11) Supervision means the over- PRACTICE OF RADIOLOGIC TECHNOLOGY � Radiologic Technologist regard for the safety or life sight of a licensed radiologic Advisory Board. or health of the patient; technologist by a licensed Section 89.0 Purpose and scope. practitioner acting within the (5) Department means the (ii) failure to perform radio- limits specified in the law This Part establishes educational, New York State Department logic tests, procedures under which the practitioner licensing and certification require- of Health. or treatments as ordered; is licensed. ments for persons engaged in the (6) Direct supervision means that (iii) failure to comply with (12) Unethical conduct is behavior practice of radiologic technology. a physician must be present in applicable regulations or that indicates unfitness to This Part also describes standards for the section of the facility where the Public Health Law; practice radiologic technology educational programs in radiologic the procedure is being per- (iv) failure to protect patients and includes, but is not technology. formed and is not concurrently and other persons from limited to: encumbered by responsibili- Section 89.1 Definitions. unnecessary exposure to ties that would preclude the (i) engaging in the practice of radiation, including failure physician from responding to radiologic technology while (a) As used in this Part, unless the to properly use protective a request for assistance within in an intoxicated condition context otherwise requires: � devices such as mechanical a timeframe that poses no risk or under the influence of (1) Applicable regulations means patient restraints; to the patient. The physician narcotic or other drug(s) this Part, and for persons and shall be immediately available to (v) failure to wear an identifica- that impair consciousness, facilities located outside New furnish assistance and direction tion badge, as required by judgment or behavior; York City, Part 16 of Title 10 throughout the performance of this Part; or, of the Official Compilation of (ii) immoral conduct while the procedure, and is profes- Codes, Rules and Regulations of (vi) abandonment or neglect engaged in the practice of sionally responsible for the the State of New York and, for of any patient in need radiologic technology or performance of the procedure. persons and facilities located in of immediate medical immoral behavior indicat- It does not mean that the physi- New York City, Article 175 of the attention without making ing an unfitness to practice cian must be present in the New York City Health Code. reasonable arrangements radiologic technology; room when the procedure to ensure that the patient (iii) willful falsification, (2) Accrediting organization means is performed. receives such attention. an organization accepted by destruction or theft of (7) Licensed Practitioner means the department as a reliable (9) Personal Supervision means property or records relating any person licensed or other- authority for the purpose of the physician must be in atten- to the practice of radiologic wise authorized under the State accrediting examinations, dance in the room during the technology; Education Law to practice certifications, registrations or performance of the procedure. medicine, dentistry, podiatry, (iv) unauthorized disclosure educational programs in the or chiropractic. (10) Sponsoring institution means of information or records fields of radiography, radiation a medical or educational relating to a patient; therapy, or nuclear medicine (8) Negligence and/or incompe- organization that offers (v) discrimination in the technology. tence in the practice of educational programs in the radiologic technology means practice of radiologic tech- (3) Authorized person means a field of radiologic technology. any failure to adhere to nology against any person certified nurse practitioner or generally accepted standards based on race, religion, a duly licensed physician of such practice and includes, creed, national origin, gen- assistant working under the but is not limited to: der or sexual orientation; supervision of a physician. 1 2 � (vi) verbally or physically (x) being convicted of any (4) using fluoroscopy for localiza- (6) using diagnostic x-ray harassing, abusing or crime consistent with tion purposes prior to taking equipment only for treatment intimidating a patient or the provisions of article a spot film of a mobile organ planning and not for diagnostic other person (including, twenty-three-A of the such as the gall bladder or the purposes; but not limited to, sexual correction law. duodenal cap; (7) assisting the medical physicist harassment or abuse) (13) The terms “radiologic (5) operating fluoroscopy equip- in calibration procedures; while on the premises of technologist,” “radiographer,” ment under the personal a health care facility or (8) performing quality control “radiation therapist,” supervision of a physician; while practicing radiologic tests; and, and “nuclear medicine technology; (6) administering non-intravenous technologist” mean an (9) assisting in treatment planning contrast media pursuant to a (vii) failure to report in individual licensed and procedures. physician’s order; writing to the department currently registered with (c) The practice of nuclear medicine (7) performing quality control of a felony conviction the department pursuant technology includes, but is not tests; and, by any federal or state to this Part. limited to, the following activities court within 30 days of (14) Authorized user means a (8) for individuals certified under performed under the supervision the conviction; physician authorized by a section 89.40 of this Part, the of an authorized user: intravascular administration of (viii) failure to report in writing radioactive materials license (1) elution of a radiopharmaceutical contrast media under the direct to the department of a issued under the applicable generator; conviction by any federal regulations to use radiophar- supervision when such admin- or state court of a crime maceuticals for diagnostic istration is an integral part of (2) dosage preparation; that is not a felony in studies and/or therapeutic an x-ray or imaging procedure. (3) assay of radiopharmaceutical the jurisdiction in which treatments. (b) The practice of radiation therapy dosages administered the conviction is had, but includes, but is not limited to, to patients; Section 89.2 Pra ctice of radiologic is substantially similar the following activities performed technology. (4) use of nuclear medicine to a felony in the State under the supervision of a of New York; equipment on patients; (a) The practice of radiography radiation oncologist: (ix) directly or indirectly includes, but is not limited to, the (5) performance of quality (1) setting up the treatment control tests; offering, giving or following activities performed position; soliciting or receiving or under the supervision of a (6) administration of radiophar- agreeing to receive any licensed practitioner: (2) delivering the required daily maceuticals to patients for fee or other consideration dose prescribed by the physician; (1) measuring and positioning diagnostic purposes as ordered to or from a third party for patients; (3) maintaining an accurate record by an authorized user; the referral of a patient of the technical details of (7) administration of radiophar- or client or in connection (2) selecting and setting up the treatment; with the performance of exposure factors on x-ray maceuticals to patients for professional services; or, equipment; (4) selecting the required filter and therapeutic purposes under treatment distance; the personal supervision of (3) making x-ray exposures; an authorized user; and, (5) making beam directional shells and molds;

3 4 (8) the use of technology that (d) Radiologic technologists shall (2) provides documentation (1) the sponsoring institution has merges radiopharmaceuti- wear, at all times while engaged describing the sponsoring not, or is not likely to comply cal imaging technology with in the practice of radiologic tech- institution’s financial resources, with this Part, applicable other forms of medical imag- nology, identification tags giving instructional curriculum, regulations, or the Public ing technology for diagnostic their name and title as “Licensed faculty, classroom and clinical Health Law; purposes. All nuclear medicine Radiographer”, or “Licensed facilities, student policies and (2) the sponsoring institution technologists who use x-ray Radiation Therapist” or “Licensed administrative organization; has not complied with the and radiopharmaceutical Nuclear Medicine Technologist” (3) passes a site inspection of the standards and policies of the imaging as part of a merged or a derivative of such a title. sponsoring institution’s admin- accrediting organization that imaging procedure shall: The tag shall not be smaller than istrative, didactic and clinical approved or recognized its 3/4'' x 3'' in dimension, and the (i) be a licensed radiographer, facilities conducted by the educational program; or, lettering shall be in clear contrast or hold a post primary department, the Joint Review to the background color of the (3) the educational program does certification in computed Committee on Education in tag. The tag shall be prominently not have any students for a tomography from a national Radiologic Technology or other displayed while worn. The tag period of two successive years. accrediting organization accrediting body approved by shall not be worn by, or issued to The department shall notify approved by the department, the department; and, a person not licensed to practice the sponsoring institution of and, radiologic technology, or not (4) upon request, provides its intent to deny, revoke or (ii) operate the merged imag- licensed and registered in the documentation from any terminate a certificate of regis- ing technology under the category of practice indicated on accrediting organization of tration or provisional certificate personal supervision of an the tag. any certification or approval of registration. The sponsoring authorized user until the of the educational program. institution may, within 30 days authorized user acknowl- EDUCATIONAL PROGRAMS IN of notification, petition the (b) In the event that the department edges in writing that the RADIOLOGIC TECHNOLOGY � department in writing for finds deficienciesin an educational nuclear medicine technolo- a review. The sponsoring program offered by a sponsoring gist can operate the merged institution shall then be given Section 89.3 Registration institution seeking a certificate technology competently the opportunity to be heard of registration, the department without such personal (a) The department may issue a by the commissioner or his or may issue a provisional certificate supervision; and, certificate of registration to a her designee. sponsoring institution with an of registration to a sponsoring (iii) use only Single Photon educational program that is institution if the sponsoring insti- (d) A sponsoring institution whose Emission Computed recognized by the department tution agrees in writing to correct registration has been suspended Tomography (SPECT/CT) or as leading to licensure as a radio- deficiencies in the educational or revoked pursuant to this Positron Emission Tomog- logic technologist if a sponsoring program within a period of time section shall not be eligible to raphy (PET)/CT technology institution fulfills the following specified by the department. apply for a new registration until and no other x-ray imaging such time as the deficiencies have requirements in a manner (c) The department may deny, revoke technology. been corrected to the satisfaction acceptable to the department: or suspend a certificate of registra- of the department. (1) files an application for tion or a provisional certificate of registration with the registration upon a determination department on such forms as by the department that: the department may prescribe;

5 6 � Section 89.4 Educational Program (1) all radiography students are (c) Notwithstanding the requirements (e) A sponsoring institution may as- Standards. under the supervision of diag- of section 16.11(a)(1) of the State sign students to clinical practice nostic radiologists; Sanitary Code, a sponsoring insti- on evenings, nights, weekends or (a) In addition to meeting all ap- tution shall provide all students legal holidays, provided that such (2) all radiation therapy students plicable provisions of this Part, with a personal radiation monitor- clinical assignments: are under the supervision of a a sponsoring institution with an ing device during their radiologic radiation oncologist; and, (1) shall be given only to students educational program registered technology course of study. The in the final six months of with the department shall: (3) all nuclear medicine technology sponsoring institution shall ensure training; (1) ensure that the educational students are under the supervi- that student exposure to radiation program curriculum includes sion of an authorized user. shall be within the occupational (2) shall not exceed a total of current didactic and clinical limits prescribed by the applicable 80 hours; Section 89.5 Students. standards set by the American regulations and shall routinely (3) shall not result in the student inform students of their radiation Society of Radiologic Technolo- (a) A sponsoring institution shall attending in excess of eight exposure readings. gists, the Society of Nuclear report in writing to the depart- hours in a 24-hour period Medicine or other accrediting ment the name of each student (d) A sponsoring institution shall of combined classroom and organization approved by who has successfully completed ensure that its students apply ra- clinical assignments; and, the department; the radiologic technology course diation to human beings only at its (4) shall be based upon a (2) ensure that clinical training of study within 30 days of such clinical facilities and only for the written plan and adequately will occur at hospitals accred- completion. purpose of clinical practice in the maintained records, which use of medical imaging or radia- ited by the Joint Commission (b) A sponsoring institution shall include the designation of tion therapy equipment. on Accreditation of Healthcare ensure that students do not apply a radiologic technologist to Organizations or other accred- radiation to a human being for (e) A sponsoring institution shall supervise each such assignment. iting organizations approved clinical practice until they have ensure that students enrolled in by the department or at other completed instruction in, and and attending a radiologic techno- clinical facilities approved by have understanding of radiation logy program shall wear at all LICENSURE the department; safety as it pertains to protecting times, while at any of the sponsor- (3) conform to all provisions themselves, patients and person- ing institution’s clinical facilities, Section 89.10 General Provisions. relating to radiation safety nel from unnecessary exposure identification tags that conspicu- standards as prescribed in to radiation. This instruction shall ously shows their name and title (a) To qualify for a license to practice applicable regulations; include practical experience using as “STUDENT, Radiographer” or as a radiologic technologist, an phantoms or other non-human “STUDENT, Radiation Therapist”, applicant shall fulfill the following (4) submit or make available to the devices. The sponsoring institu- or “STUDENT” Nuclear Medicine requirements in a manner department such information tion shall ensure that the initial Technologist”, as appropriate. A acceptable to the department: or records as the department applications of radiation to human sponsoring institution shall issue requests and shall permit the (1) file an application on a form beings by students shall be under identification tags only to enrolled department to perform site prescribed by the department the personal supervision of a students and shall collect the inspections. along with a nonrefundable radiologist, radiographer, radia- identification tag of each student license fee of one hundred (b) The sponsoring institution shall tion therapist or nuclear medicine who graduates or withdraws from twenty dollars; ensure, as applicable, that, while technologists, as applicable, until the school. engaging in clinical practice: the student’s performance has been evaluated as satisfactory. 7 � 8 (2) submit documentation that (iii) the age of the applicant Section 89.11 Denial of licensure. Section 89.12 Issuance of a the applicant has successfully when the underlying temporary permit. completed an education offenses occurred; and, (a) If the department determines program in radiologic that an applicant is ineligible for (a) A temporary permit is a docu- (iv) evidence of rehabilitation technology that is registered licensure pursuant to this Part, the ment issued by the department and good conduct since with the department, the State department shall proved written that allows an individual who such convictions, including Department of Education, or notice to the applicant of the qualifies under section 3505 of the issuance to the an accrediting organization determination, the reasons the Public Health Law to practice applicant of a certificate of approved by the department; therefor and information regarding radiologic technology pending an relief from disability or a his/her rights to petition. examination. The permit shall be (3) submit evidence that the certificate of good conduct. in effect for 180 days from the date (b) An applicant who has been denied applicant has passed an of issue. It shall expire 10 days (b) No person shall be licensed licensure may petition the depart- examination administered by after notification by an accrediting pursuant to this Part who has ment, within 30 days of notification an accrediting organization organization that the individual been convicted of a crime of the denial, for a review thereof. approved by the department has failed to pass the qualifying consistent with the provisions If the Commissioner or his or her with a passing grade, as examination. An individual with a of Article twenty-three A of designee decides in his/her discre- determined by the department; temporary permit does not qualify the Corrections Law. tion that a hearing should be held, for intravenous contrast adminis- (4) be at least 18 years of age and; the petitioner shall be entitled to all (c) Nothing in this Part shall be tration certification. (5) be of good moral character. construed to apply to the practice the rights of a respondent specified Any person who has been of nuclear medicine technology in subdivisions 2, 3, and 4 of section (b) The department may issue a convicted of one or more prior to January 1, 2009. 3511 of the Public Health Law. temporary permit to an applicant criminal offenses involving who has been discharged from (d) Notwithstanding any provi- (c) Where an applicant has been a threat or use of physical vio- active duty with the Armed Forces sion herein to the contrary, any denied licensure, the department lence, sexual behavior, illegal of the United States or has individual practicing as a nuclear may, after the expiration of two possession or use of drugs, satisfactorily completed an medicine technologist prior to years or upon the granting to theft or fraud, shall be accredited course of study located July 26, 2007 may be licensed to the applicant of a pardon or of a deemed to not be of good outside of the State of New York, practice nuclear medicine technol- certificate of good conduct, or of a moral character unless the within one year preceding the ogy provided that he or she has certification of relief from disabil- department determines that date of application, who otherwise completed an education program ity, entertain a new application for sufficient mitigating factors qualifies for admission to in nuclear medicine technology examination. exist to warrant a finding examination and provides a copy acceptable to the department and of good moral character. In (d) Where an applicant is a defendant of the examination admission has five years of verifiable and making such a determination, in a pending criminal proceeding letter from an approved satisfactory employment within the department shall consider under charges for an offense that accrediting organization. the previous ten years as a nuclear the following factors: bears a direct relationship to the medicine technologist, or possesses practice of radiologic technology, (i) the number and seriousness certification by the Nuclear the department may withhold the of the underlying offenses of Medicine Technology Certifying final determination of eligibility such conviction; Board or registration with for a license pending the outcome the American Registry of (ii) the time that has elapsed of the proceeding. Radiologic Technology in since such conviction; nuclear medicine technology. 9 10 � REGISTRATION AND must provide evidence of continu- (f) All continuing education (2) Nothing in this Part shall be CONTINUING EDUCATION � ing education equivalent to 12 credits must be approved by construed to apply to the credits hours per year according to an accrediting organization practice of the profession of Section 89.20 Registration and the following schedule: approved by the department. dental hygiene, including the use of x-ray, by persons duly continuing education. (1) individuals registering in the (g) A copy of a current certificate of licensed as dental hygienists year 2010 must have 12 credits registration from an accrediting (a) Each person licensed pursuant to by the State Education Depart- within the previous 12 months; organization approved by the this Part must obtain a certificate ment or by students enrolled department is acceptable evidence of registration from the depart- (2) individuals registering in the in and under the supervision to meet the continuing education ment prior to practicing radiology year 2011 must have 24 credits of the faculty of an educational requirement. in this state. The department shall within the previous 24 months; program in dental hygiene reg- register each licensee who submits (3) individuals registering in the istered by the State Education a completed registration applica- EXEMPT PERSONS � year 2012 must have 36 credits Department. tion on a form supplied by the within the previous 36 months; (b) Podiatry assistants: department, pays a fee of twenty Section 89.30 Persons exempt. and dollars per year, and provides A person authorized to provide (a) Dental assistants. evidence of completion of any (4) individuals registering in the supportive services to a licensed continuing education requirements year 2013 must have 48 credits (1) A person acting as a dental podiatrist pursuant to section required by this section. Every within the previous 48 months. assistant shall be exempt 7006 (4) of the State Education from licensure as a radiologic practicing radiologic technologist (d) Thereafter to reregister, Law is exempt from licensure as technologist when operating shall have available for review by the radiologic technologist a radiologic technologist when the following equipment under the department or other interested must provide evidence of the operating a podiatry x-ray unit the supervision of a dentist for parties at all places of employment equivalent of 12 credit hours under the direct supervision of the the sole purpose of routine a copy of his/her current certificate per year for every year since the podiatrist for the sole purpose of oral radiography in which the of registration. previous registration period. routine radiography of the podia- x-ray beam is limited to the trist’s patient’s foot. (b) Each registration shall authorize (e) Notwithstanding any provision patient’s head: a licensee to practice radiologic herein to the contrary, the (i) conventional radiographic technology for a period of up to department may waive the dental equipment in which four years and terminate on the continuing education requirement the diameter of the x-ray registrant’s birth date on either of a licensee who has recently beam at the patient’s face the next ensuing odd-numbered or completed an education program is limited to not more than the next ensuing even-numbered in radiologic technology pursuant three inches; and year, depending upon whether to paragraph 89.10(a)(2), and is the registrant was born in an applying for registration for the (ii) panoramic radiographic odd-numbered or even-numbered first time. Thereafter, to reregister dental equipment. year, respectively. the radiologic technologist must (c) Beginning January 1, 2010, each provide evidence of the equivalent radiologic technologist, when of 12 credit hours per year for each applying to register pursuant to succeeding year. paragraph 89.20(a) of this section,

11 12 � INTRAVASCULAR CONTRAST (3) has satisfactorily completed (e) Nothing in this section shall be MEDIA INJECTION � training in cardiopulmonary construed to limit the authority of resuscitation in a course any person to administer or inject Section 89.40 Intravascular contrast sponsored by the American contrast media under any other media injection. Red Cross, the American Heart law or under any rule or regula- Association or other sponsor- tion of the commissioner, the (a) The department may issue a ing institution approved by the department, the State Education certificate to administer contrast department. Department or Board of Regents. media intravenously to a licensed (b) A radiologic technologist certified (f) Revocation or suspension of a and registered radiologic tech- pursuant to this section may license or registration shall be nologist who fulfills the following establish an intravenous line deemed a revocation or suspension requirements in a manner as part of a procedure requir- of a certification issued pursuant to acceptable to the department: ing contrast media, administer a this section. (1) submits an application on a saline flush and inject intravenous form provided by the department; contrast media, manually or by (2) submits documentation mechanical injector under the demonstrating satisfactory direct supervision of a licensed completion of an educational physician who is qualified in a program, approved by the medical specialty related to the department, that offers radiological procedure. education and training (c) Nothing in this section shall be concerning venipuncture of a construed to authorize a radiologic person’s upper extremity in technologist certified pursuant a safe and effective manner, to this section to perform arterial anatomy and physiology of puncture, to determine the type venipuncture sites, venipuncture or amount of contrast media to be instruments, intravenous injected or to administer or inject solutions and related any medication other than contrast equipment, techniques of media. intravenous line establishment, (d) A radiologic technologist shall hazards and complications of administer intravascular contrast venipuncture, post puncture media pursuant to the healthcare care, the composition and facility’s established policies purpose of an anti-anaphylaxis and procedures governing such tray, and the recognition contrast media administration of adverse reactions to and the availability of personnel intravenous administration and equipment to treat of contrast media; and adverse reactions.

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