N.Y. Public Health Law § 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.