N.Y. Public Health Law § 3502: License required

§ 3502. License required. 1. The department shall issue separate

licenses in the areas of radiography, radiation therapy and nuclear

medicine technology to individuals who qualify under section thirty-five

hundred five of this title.

2. Except where otherwise authorized by law:

(a) only licensed practitioners and persons licensed under this

article are permitted to apply ionizing radiation to human beings, and

only within the limits of their specific license;

(b) only licensed physicians who are authorized by a radioactive

materials license or persons licensed under this article are permitted

to use radiopharmaceuticals on human beings, and only within the limits

of their specific license;

(c) only persons licensed under this article shall practice

radiography, radiation therapy or nuclear medicine technology or use the

title "radiographer," "radiologic technologist," "radiation therapist"

or "nuclear medicine technologist" or use the abbreviations LRT, RTT,

LRTT, NMT, or LNMT with his or her name; and

(d) notwithstanding paragraph (c) of this subdivision, quality control

tests and radiation therapy treatment planning may also be performed by

individuals not licensed by this article.

3. On or after January first, two thousand nine no person shall

practice nuclear medicine technology or hold himself or herself out as a

nuclear medicine technologist unless the individual is the holder of a

license pursuant to this article and in accordance with the

commissioner's rules and regulations.

4. No radiologic technologist shall administer or inject intravenous

contrast media unless (a) the individual is certified by the department

to perform such function in accordance with the commissioner's rules and

regulations (b) such administration or injection has been approved by a

physician, physician's assistant, nurse practitioner or registered

professional nurse within twenty-four hours prior to the administration

or injection (c) a physician, physician's assistant, nurse practitioner

or registered professional nurse performs an evaluation of the patient

on the day of the procedure. Administration or injection of contrast

media means and is limited to the placement or insertion of a needle or

a catheter, not exceeding three inches in length and not above the level

of the axilla into a person's upper extremity and the administration or

injection of the intravenous contrast media, manually or by mechanical

injector, but does not mean the determination of the type or volume of

media to be administered or injected.

5. The department shall issue an intravenous contrast administration

certificate, as defined in this article, to an individual who is

approved by the department. Such individual must:

(a) be a duly licensed and registered radiologic technologist in good

standing under this article;

(b) demonstrate the satisfactory completion of education and training

concerning the insertion of a needle and a catheter;

(c) demonstrate the satisfactory completion of training in recognition

of adverse reactions and cardiopulmonary resuscitation;

(d) pay a biennial certification fee of twenty dollars; and

(e) meet such other criteria as may be established by the commissioner

in regulation.

* 6. (a) (i) Notwithstanding the provisions of this section or any

other provision of law, rule or regulation to the contrary, licensed

practitioners, persons licensed under this article and unlicensed

personnel employed at a local correctional facility may, in a manner

permitted by the regulations promulgated pursuant to this subdivision,

utilize body imaging scanning equipment that applies ionizing radiation

to humans for purposes of screening incarcerated individuals committed

to such facility, in connection with the implementation of such

facility's security program.

(ii) Notwithstanding the provisions of this section or any other

provision of law, rule or regulation to the contrary, licensed

practitioners, persons licensed under this article and unlicensed

personnel employed at a state correctional facility may, in a manner

permitted by the regulations promulgated pursuant to this subdivision,

utilize body imaging scanning equipment that applies ionizing radiation

to humans for purposes of screening individuals detained in, committed

to, visiting, or employed in such facility, in connection with the

implementation of such facility's security program.

(iii) The utilization of such body imaging scanning equipment shall be

in accordance with regulations promulgated by the department, or for

local correctional facilities in cities having a population of two

million or more, such utilization shall be in accordance with

regulations promulgated by the New York city department of health and

mental hygiene. The state commission of correction, in consultation with

the department of corrections and community supervision, shall

promulgate regulations establishing when body imaging scanning equipment

will be used to screen visitors and incarcerated individuals in state

correctional facilities. Such regulations shall include provisions

establishing that alternative methods of screening may be used to

accommodate individuals who decline or are unable to be screened by body

imaging scanning equipment for medical reasons and that alternative

methods of screening may be used to accommodate individuals who decline

to be screened for other reasons, unless security considerations warrant

otherwise. Such regulations shall also ensure that no person shall be

subjected to any form of harassment, intimidation, or disciplinary

action for choosing to be searched by an alternative method of screening

in lieu of body imaging scanning.

The department of corrections and community supervision shall

promulgate regulations establishing when body imaging scanning equipment

will be used to screen employees of the department of corrections and

community supervision, provided, however that such regulations shall be

consistent with the policies and procedures of the department of

corrections and community supervision governing the search of employees.

Such regulations shall include provisions establishing that alternative

methods of screening may be used to accommodate individuals who decline

or are unable to be screened by body imaging scanning equipment for

medical or other reasons. Such regulations shall also ensure that no

person shall be subjected to any form of harassment, intimidation, or

disciplinary action for choosing to be searched by an alternative method

of screening in lieu of body imaging scanning. An employee's request to

be searched by an alternative method of screening in lieu of body

imaging scanning shall not, in itself, be grounds for disciplinary

action against such employee.

(b) Prior to establishing, maintaining or operating in a state or

local correctional facility, any body imaging scanning equipment, the

chief administrative officer of the facility shall ensure that such

facility is in compliance with the regulations promulgated pursuant to

this subdivision and otherwise applicable requirements for the

installation, registration, maintenance, operation and inspection of

body imaging scanning equipment.

(c) The regulations promulgated pursuant to subparagraph (ii) of

paragraph (a) of this subdivision shall include, but not be limited to:

(i) A requirement that prior to operating body imaging scanning

equipment, unlicensed personnel employed at state or local correctional

facilities shall have successfully completed a training course approved

by the department, or for local correctional facilities in cities of two

million or more, approved by the New York city department of health and

mental hygiene, and that such personnel receive additional training on

an annual basis;

(ii) Limitations on exposure which shall be no more than fifty percent

of the annual exposure limits for non-radiation workers as specified by

applicable regulations, except that individuals under the age of

eighteen shall not be subject to more than five percent of such annual

exposure limits, and pregnant women shall not be subject to such

scanning at any time. Procedures for identifying pregnant women shall be

set forth in the regulations;

(iii) Registration with the department of each body imaging scanning

machine purchased or installed at a state or local correctional

facility;

(iv) Inspection and regular reviews of the use of body imaging

scanning equipment by the department or the New York city department of

health and mental hygiene, as applicable; and

(v) A requirement that records be kept regarding each use of body

imaging scanning equipment by the state or local correctional facility.

(d) For the purpose of this subdivision, "body imaging scanning

equipment" or "equipment" means equipment that utilizes a low dose of

ionizing radiation to produce an anatomical image capable of detecting

objects placed on, attached to or secreted within a person's body.

(e) For the purposes of this subdivision:

(i) "Local correctional facility" shall have the same meaning as found

in subdivision sixteen of section two of the correction law.

(ii) "State correctional facility" shall mean a "correctional

facility" as defined in subdivision four of section two of the

correction law.

(f) Any local government agency that utilizes body imaging scanning

equipment in a local correctional facility under its jurisdiction shall

submit an annual report to the department, the speaker of the assembly,

and the temporary president of the senate. If body imaging scanning

equipment is utilized in one or more state correctional facilities, the

department of corrections and community supervision shall submit an

annual report to the department, the speaker of the assembly, and the

temporary president of the senate. Such report by either the local

government agency or the department of corrections and community

supervision shall be submitted within eighteen months after the initial

date of registration of such equipment with the department, and annually

thereafter, and shall contain the following information as to each such

facility:

(i) For local correctional facilities, the number of times the

equipment was used on incarcerated individuals upon intake, after

visits, and upon the suspicion of contraband, as well as any other event

that triggers the use of such equipment, and the average, median, and

highest number of times the equipment was used on any incarcerated

individual, with corresponding exposure levels; and

(ii) For state correctional facilities, the number of times the

equipment was used on individuals detained in, committed to, working in,

or visiting the facility upon intake, before work shift, after work

shift, before visits, after visits, and upon the suspicion of

contraband, as well as any other event that triggers the use of such

equipment, and the average, median, and highest number of times the

equipment was used on any individual detained in, committed to, working

in, or visiting the facility, with corresponding exposure levels.

(iii) the number of times the use of the equipment detected the

presence of drug contraband, weapon contraband, and any other illegal or

impermissible object or substance;

(iv) incidents or any injuries or illness resulting from the use of

such equipment or reported by persons scanned by such equipment; and

(v) any other information the department may reasonably require.

* NB Effective until October 3, 2026

* 6. (a) (i) Notwithstanding the provisions of this section or any

other provision of law, rule or regulation to the contrary, licensed

practitioners, persons licensed under this article and unlicensed

personnel employed at a local correctional facility, or secure or

specialized secure detention facility may, in a manner permitted by the

regulations promulgated pursuant to this subdivision, utilize body

imaging scanning equipment that applies ionizing radiation to humans for

purposes of screening incarcerated individuals committed to such local

correctional facility, or individuals detained in, committed to,

visiting or employed in a secure or specialized secure detention

facility, in connection with the implementation of such facility's

security program.

(ii) Notwithstanding the provisions of this section or any other

provision of law, rule or regulation to the contrary, licensed

practitioners, persons licensed under this article and unlicensed

personnel employed at a state correctional facility or facility for

youth placed with or committed to the office of children and family

services may, in a manner permitted by the regulations promulgated

pursuant to this subdivision, utilize body imaging scanning equipment

that applies ionizing radiation to humans for purposes of screening

individuals detained in, committed to, visiting, or employed in such

facility, in connection with the implementation of such facility's

security program.

(iii) The utilization of such body imaging scanning equipment shall be

in accordance with regulations promulgated by the department, or for

local correctional facilities in cities having a population of two

million or more, such utilization shall be in accordance with

regulations promulgated by the New York city department of health and

mental hygiene. The state commission of correction, in consultation with

the department of corrections and community supervision and the office

of children and family services, shall promulgate regulations

establishing when body imaging scanning equipment will be used to screen

visitors and individuals detained in or committed to state correctional

facilities, secure or specialized secure detention facilities, or

facilities for youth placed with or committed to the office of children

and family services. Such regulations shall include provisions

establishing that alternative methods of screening may be used to

accommodate individuals who decline or are unable to be screened by body

imaging scanning equipment for medical reasons and that alternative

methods of screening may be used to accommodate individuals who decline

to be screened for other reasons, unless security considerations warrant

otherwise. Such regulations shall also ensure that no person shall be

subjected to any form of harassment, intimidation, or disciplinary

action for choosing to be searched by an alternative method of screening

in lieu of body imaging scanning.

The department of corrections and community supervision and the office

of children and family services shall promulgate regulations

establishing when body imaging scanning equipment will be used to screen

employees of the department of corrections and community supervision and

the office of children and family services, provided, however that such

regulations shall be consistent with the policies and procedures of the

department of corrections and community supervision and the office of

children and family services governing the search of employees. Such

regulations shall include provisions establishing that alternative

methods of screening may be used to accommodate individuals who decline

or are unable to be screened by body imaging scanning equipment for

medical or other reasons. Such regulations shall also ensure that no

person shall be subjected to any form of harassment, intimidation, or

disciplinary action for choosing to be searched by an alternative method

of screening in lieu of body imaging scanning. An employee's request to

be searched by an alternative method of screening in lieu of body

imaging scanning shall not, in itself, be grounds for disciplinary

action against such employee.

(b) Prior to establishing, maintaining or operating any body imaging

scanning equipment in a state or local correctional facility, secure or

specialized secure detention facility, or facility for youth placed with

or committed to the office of children and family services, the chief

administrative officer of the facility shall ensure that such facility

is in compliance with the regulations promulgated pursuant to this

subdivision and otherwise applicable requirements for the installation,

registration, maintenance, operation and inspection of body imaging

scanning equipment.

(c) The regulations promulgated pursuant to subparagraph (ii) of

paragraph (a) of this subdivision shall include, but not be limited to:

(i) A requirement that prior to operating body imaging scanning

equipment, unlicensed personnel employed at state or local correctional

facilities, secure or specialized secure detention facilities, or

facilities for youth placed with or committed to the office of children

and family services shall have successfully completed a training course

approved by the department, or for local correctional facilities in

cities of two million or more, approved by the New York city department

of health and mental hygiene, and that such personnel receive additional

training on an annual basis;

(ii) Limitations on exposure which shall be no more than fifty percent

of the annual exposure limits for non-radiation workers as specified by

applicable regulations, except that individuals under the age of

eighteen shall not be subject to more than five percent of such annual

exposure limits, and pregnant women shall not be subject to such

scanning at any time. Procedures for identifying pregnant women shall be

set forth in the regulations;

(iii) Registration with the department of each body imaging scanning

machine purchased or installed at a state or local correctional

facility, secure or specialized secure detention facility, or facility

for youth placed with or committed to the office of children and family

services;

(iv) Inspection and regular reviews of the use of body imaging

scanning equipment by the department or the New York city department of

health and mental hygiene, as applicable; and

(v) A requirement that records be kept regarding each use of body

imaging scanning equipment by the state or local correctional facility,

secure or specialized secure detention facility, or facility for youth

placed with or committed to the office of children and family services.

(d) For the purpose of this subdivision, "body imaging scanning

equipment" or "equipment" means equipment that utilizes a low dose of

ionizing radiation to produce an anatomical image capable of detecting

objects placed on, attached to or secreted within a person's body.

(e) For the purposes of this subdivision:

(i) "Local correctional facility" shall have the same meaning as found

in subdivision sixteen of section two of the correction law.

(ii) "State correctional facility" shall mean a "correctional

facility" as defined in subdivision four of section two of the

correction law.

(iii) "Secure detention facility" shall mean a secure detention

facility certified by the office of children and family services

pursuant to section five hundred three of the executive law.

(iv) "Specialized secure detention facility" shall mean a facility for

adolescent offenders certified by the office of children and family

services in consultation with the state commission of correction

pursuant to subdivision nine of section five hundred three of the

executive law.

(v) "Facility for youth placed with or committed to the office of

children and family services" shall mean a facility operated pursuant to

section five hundred four of the executive law.

(f) Any local government agency that utilizes body imaging scanning

equipment in a local correctional, or secure or specialized secure

detention facility under its jurisdiction shall submit an annual report

to the department, the speaker of the assembly, and the temporary

president of the senate. If body imaging scanning equipment is utilized

in one or more state correctional facilities or facilities for youth

placed with or committed to the office of children and family services,

the department of corrections and community supervision or the office of

children and family services, as applicable, shall submit an annual

report to the department, the speaker of the assembly, and the temporary

president of the senate. Such report by the local government agency, the

department of corrections and community supervision or the office of

children and family services shall be submitted within eighteen months

after the initial date of registration of such equipment with the

department, and annually thereafter, and shall contain the following

information as to each such facility:

(i) for local correctional facilities, the number of times the

equipment was used on incarcerated individuals, or for secure or

specialized secure detention facilities, the number of times the

equipment was used on individuals placed with, committed to, visiting or

employed in such facility, upon intake, after visits, and upon the

suspicion of contraband, as well as any other event that triggers the

use of such equipment, and the average, median, and highest number of

times the equipment was used on any such individual, with corresponding

exposure levels;

(ii) for state correctional facilities or facilities for youth placed

with or committed to the office of children and family services, the

number of times the equipment was used on individuals detained in,

committed to, working in, or visiting the facility upon intake, before

work shift, after work shift, before visits, after visits, and upon the

suspicion of contraband, as well as any other event that triggers the

use of such equipment, and the average, median, and highest number of

times the equipment was used on any individual detained in, committed

to, working in, or visiting the facility, with corresponding exposure

levels;

(iii) the number of times the use of the equipment detected the

presence of drug contraband, weapon contraband, and any other illegal or

impermissible object or substance;

(iv) incidents or any injuries or illness resulting from the use of

such equipment or reported by persons scanned by such equipment; and

(v) any other information the department may reasonably require.

* NB Effective October 3, 2026

* NB Repealed January 30, 2029