§ 175.03 Professional Practitioners and Related Provisions.
RCNY § 175.03
(a)Nothing in this Article shall limit any human use of radiation in diagnostic and therapeutic procedures, provided that with respect to human use of radioactive materials, such use is in accordance with a specific license or registration issued pursuant to this Article, or an exemption therefrom, or under a license issued by the New York State Department of Health or the United States Nuclear Regulatory Commission or an Agreement State.
(b)Each professional practitioner who treats or diagnoses any alleged or proven case of radiation illness or radiation injury to any individual, except that which can be expected in the normal course of radiation therapy and interventional fluoroscopic exams, must report to the Department in writing within 7 days of such treatment or diagnosis, the fact thereof and the full name, address, patient ID number, and age of such individual diagnosed or treated.
(c)No person other than a professional practitioner acting within the scope of their practice shall direct or order the application of radiation to a human being; nor shall any person other than a professional practitioner or a person working under the direction, order, or direct supervision of a professional practitioner apply radiation to a human being. Such direction, order to apply, application of, or administration of radiation must be within the lawful scope of, and in the course of, the practitioner's professional practice and must comply with the provisions of the license or other authorization of the professional practitioner under the New York State Education Law, or any applicable successor law and all regulations pertinent thereto, including, but not limited to provisions as to those parts of the human body and those persons which the professional practitioner may diagnose, analyze or treat or to which she may direct or order the application of, or apply, radiation, and provisions as to the type of radiation which the professional practitioner may use and the purpose for which the professional practitioner may use it.
(d)A professional practitioner shall be responsible for the supervision of any radiation employee who administers radiation to human beings to assure that each exposure is given consistent with expected medical benefit and in accordance with applicable standards or requirements relating to the practice for which such professional practitioner is licensed.
(e)A professional medical physicist shall be responsible for complying with the requirements of Article 166 of the New York State Education Law and applicable regulations, including Subpart 79-8 of Part 79 of Title 8 of the New York Codes, Rules and Regulations, or any applicable successor law or regulation.
(f)A licensed radiologic technologist must comply with applicable provisions of Article 35 of the New York State Public Health Law and Part 89 of Title 10 of the New York Codes, Rules and Regulations in order to provide services under this Article, including compliance with licensure requirements and the limitations, (if any, established by the New York State Department of Health, Bureau of Radiologic Technology) under which radiologic technologists and other persons, other than professional practitioners, may apply x-rays to human beings and all regulations pertinent thereto so as to assure maximum medical benefit with minimum radiation exposure. (Added City Record 4/24/2019, eff. 5/24/2019)
