Bill Text: NY S09630 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes a holder of a license to perform limited-scope radiography to practice radiography at urgent care centers under the supervision of a licensed practitioner or licensed registered radiologic technologist; defines limited-scope radiographer as a person licensed to practice radiography limited to chest, extremities, skull/sinus, and spine/sacrum at urgent care centers; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - REFERRED TO HEALTH [S09630 Detail]
Download: New_York-2023-S09630-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9630 IN SENATE May 16, 2024 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to limited-scope radiographers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1, paragraph (c) of subdivision 2 and subdivi- 2 sion 4 of section 3502 of the public health law, as added by chapter 175 3 of the laws of 2006, are amended to read as follows: 4 1. The department shall issue separate licenses in the areas of radi- 5 ography, radiation therapy and nuclear medicine technology to individ- 6 uals who qualify under section thirty-five hundred five of this title. 7 The department shall issue limited-scope radiographer licenses to indi- 8 viduals who qualify under sections thirty-five hundred three and thir- 9 ty-five hundred five of this title. 10 (c) only persons licensed under this article shall practice radiogra- 11 phy, radiation therapy or nuclear medicine technology or use the title 12 "limited-scope radiographer," "radiographer," "radiologic technologist," 13 "radiation therapist" or "nuclear medicine technologist" or use the 14 abbreviations LRT, RTT, LRTT, NMT, or LNMT with [his or her] such 15 person's name; and 16 4. No radiologic technologist shall administer or inject intravenous 17 contrast media unless (a) the individual is certified by the department 18 to perform such function in accordance with the commissioner's rules and 19 regulations (b) such administration or injection has been approved by a 20 physician, physician's assistant, nurse practitioner or registered 21 professional nurse within twenty-four hours prior to the administration 22 or injection (c) a physician, physician's assistant, nurse practitioner 23 or registered professional nurse performs an evaluation of the patient 24 on the day of the procedure. Administration or injection of contrast 25 media means and is limited to the placement or insertion of a needle or 26 a catheter, not exceeding three inches in length and not above the level 27 of the axilla into a person's upper extremity and the administration or 28 injection of the intravenous contrast media, manually or by mechanical EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15544-02-4S. 9630 2 1 injector, but does not mean the determination of the type or volume of 2 media to be administered or injected. Limited-scope radiographers shall 3 not be authorized under this article to inject intravenous contrast 4 media. 5 § 2. Subdivision 17 of section 3501 of the public health law, as added 6 by chapter 175 of the laws of 2006, is amended to read as follows: 7 17. "Supervision" means the oversight of a licensed radiologic tech- 8 nologist or a limited-scope radiographer, as applicable, by a licensed 9 practitioner acting within the limits specified in the law under which 10 the practitioner is licensed. 11 § 3. Section 3501 of the public health law is amended by adding two 12 new subdivisions 4-a and 13 to read as follows: 13 4-a. "Limited-scope radiographer" shall mean a person licensed pursu- 14 ant to section thirty-five hundred three of this article to practice 15 radiography limited to chest, extremities, skull/sinus, and spine/sacrum 16 at urgent care centers. The limited-scope radiographer shall not utilize 17 fluoroscopy. 18 13. "Urgent care center" shall mean any medical practice location that 19 provides immediate and on-site evaluation, diagnosis, and treatment of 20 non-emergent, acute illnesses or injuries during posted hours of opera- 21 tion, primarily or exclusively on a walk-in or after-hours basis. 22 § 4. The public health law is amended by adding a new section 3503 to 23 read as follows: 24 § 3503. Limited-scope radiographers. 1. A license to practice as a 25 limited-scope radiographer shall authorize a holder of such license to 26 practice radiography at urgent care centers under the supervision of a 27 licensed practitioner or licensed registered radiologic technologist. 28 2. The commissioner shall establish standards that educational 29 programs in limited radiography must meet to be approved as a limited 30 radiography education program in New York state. Courses shall include, 31 at a minimum, a total of eighty hours of didatic content that must 32 address radiographic anatomy, procedures, and pathology, digital image 33 acquisition and display, fundamentals, ethics, and laws of healthcare, 34 human anatomy and physiology, image production and analysis, imaging 35 equipment and radiation production, medical terminology, and patient 36 care. A minimum of two hundred forty hours of clinical training must 37 also be incorporated that includes a minimum of five clinical competen- 38 cies, in each anatomical area that the limited-scope radiographer will 39 image, performed under direct supervision of a radiologic technologist. 40 Upon completion of the course, successful completion of a standardized 41 accreditation examination that assesses the knowledge and cognitive 42 skills underlying the intelligent performance of the tasks typically 43 required of a limited-scope radiographer is required. Any such course 44 or accrediting examination shall be approved by the commissioner and no 45 person, institution or agency shall offer a course of study in limited- 46 scope radiography unless such course of study is registered by the 47 department or by the department of education and meets such standards of 48 quality, character and competence of sponsors and officials, financial 49 resources, public need, and other pertinent matters as may be prescribed 50 by the commissioner or by the commissioner of education in appropriate 51 rules and regulations. 52 3. The commissioner shall establish a registration process by which 53 individuals may submit an application to the commissioner to be licensed 54 as a limited-scope radiographer pursuant to this section. Such registra- 55 tion process and application shall be consistent with the provisions of 56 section thirty-five hundred seven of this title and shall include:S. 9630 3 1 (a) an attestation that the applicant has completed an approved course 2 and accrediting examination pursuant to subdivision two of this section, 3 and received a passing score on such accrediting examination as deter- 4 mined by the commissioner; and 5 (b) any other information as may be required by the commissioner. 6 4. The commissioner shall be authorized to promulgate any rules and/or 7 regulations necessary for the effective implementation of this section. 8 § 5. The opening paragraph and paragraphs (d), (f) and (p) of subdivi- 9 sion 1 of section 3510 of the public health law, the opening paragraph 10 as amended and paragraph (p) as added by section 97 of part E of chapter 11 56 of the laws of 2013, and paragraphs (d) and (f) as added by chapter 12 175 of the laws of 2006, are amended to read as follows: 13 The license, registration or intravenous contrast administration 14 certificate of a radiologic technologist, or license to practice as a 15 limited-scope radiographer, may be suspended for a fixed period, revoked 16 or annulled, or such licensee censured, reprimanded, subject to a civil 17 penalty not to exceed two thousand dollars for every such violation, or 18 otherwise disciplined, in accordance with the provisions and procedures 19 defined in this article, provided that no civil penalty shall be 20 assessed for any crime or misconduct that occurred outside the jurisdic- 21 tion of New York state upon decision after due hearing that the individ- 22 ual is guilty of the following misconduct: 23 (d) aiding and abetting in the practice of radiologic technology a 24 person who is not a registered radiologic technologist or limited-scope 25 radiographer or who is practicing a form of radiologic technology which 26 is beyond the scope of the individual's license; 27 (f) falsely impersonating a duly registered radiologic technologist or 28 limited-scope radiographer or former duly registered radiologic technol- 29 ogist or limited-scope radiographer, or is practicing radiologic tech- 30 nology under an assumed name; 31 (p) having [his or her] such person's license to practice as a radio- 32 logic technologist or limited-scope radiographer revoked, suspended or 33 having other disciplinary action taken, or having [his or her] such 34 person's application for a license refused, revoked or suspended or 35 having voluntarily or otherwise surrendered [his or her] such person's 36 license after a disciplinary action was instituted by a duly authorized 37 professional disciplinary agency of another state, where the conduct 38 resulting in the revocation, suspension or other disciplinary action 39 involving the license or refusal, revocation or suspension of an appli- 40 cation for a license or the surrender of the license would, if committed 41 in New York state, constitute professional misconduct under the laws of 42 New York state. A radiologic technologist or limited-scope radiographer 43 licensed in New York state who is also licensed or seeking licensure in 44 another state must immediately report to the department any revocation, 45 suspension or other disciplinary action involving the out-of-state 46 license or refusal, revocation or suspension of an application for an 47 out-of-state license or the surrender of the out-of-state license. 48 § 6. This act shall take effect immediately.
