NEW YORK STATE SOCIETY OF RADIOLOGIC SCIENCES, INC.

The law that was passed and the Assembly vote results:

06/20/2006 passed assembly

06/20/2006 delivered to senate

06/20/2006 REFERRED TO RULES

06/22/2006 SUBSTITUTED FOR S5606A

06/22/2006 3RD READING CAL.2086

06/22/2006 PASSED SENATE

06/22/2006 RETURNED TO ASSEMBLY

07/14/2006 delivered to governor

07/26/2006 signed chap.175

A04882 Votes:

BILL: A04882B DATE: 06/20/2006  MOTION:                       YEA/NAY: 114/026

Abbate  Y  Camara  Y  Errigo  NO Hikind  Y  Markey  Y  Perry   Y  Stephen Y

Alessi  Y  Canestr Y  Espaill Y  Hooker  ER Mayerso Y  Pheffer Y  Sweeney Y

Alfano  Y  Carrozz NO Farrell Y  Hooper  Y  McDonal Y  Powell  Y  Tedisco Y

Arroyo  Y  Casale  Y  Fields  Y  Hoyt    Y  McDonou Y  Pretlow Y  Thiele  NO

Auberti NO Christe NO Finch   NO Ignizio Y  McEneny Y  Quinn   NO Titus   Y

Aubry   Y  Clark   Y  Fitzpat NO Jacobs  NO McKevit Y  Rabbitt Y  Tokasz  Y

Bacalle Y  Cohen   Y  Friedma Y  John    NO McLaugh ER Raia    Y  Tonko   Y

Barclay Y  Cole    Y  Galef   Y  Kirwan  NO Meng    ER Ramos   Y  Towns   Y

Barra   Y  Colton  Y  Gantt   ER Kolb    Y  Miller  Y  Reilich Y  Townsen Y

Benedet Y  Conte   Y  Gianari Y  Koon    Y  Millman Y  Reilly  Y  Walker  Y

Benjami NO Cook    Y  Giglio  NO Lafayet Y  Mirones NO Rive J  Y  Weinste Y

Bing    Y  Crouch  NO Glick   NO Latimer Y  Morelle Y  Rive N  Y  Weisenb Y

Boyland Y  Cusick  Y  Gordon  ER Lavelle Y  Nolan   NO Rive PM Y  Weprin  Y

Boyle   Y  Cymbrow Y  Gottfri Y  Lavine  Y  Oaks    Y  Robinso Y  Wright  Y

Bradley Y  DelMont Y  Grannis Y  Lentol  Y  O`Donne NO Rosenth Y  Zebrows ER

Brennan Y  Destito Y  Green   Y  Lifton  NO O`Mara  Y  Saladin Y  Mr Spkr Y

Brodsky Y  Diaz LM Y  Greene  ER Lopez   Y  Ortiz   Y  Sayward Y

Brown   Y  Diaz R  Y  Gunther NO Lupardo Y  Ortloff Y  Scarbor Y

Burling Y  DiNapol Y  Hawley  Y  Magee   Y  Parment Y  Schimmi Y

Butler  Y  Dinowit Y  Hayes   NO Magnare Y  Paulin  Y  Schroed NO

Cahill  NO Eddingt NO Heastie Y  Maisel  Y  Peoples Y  Scozzaf NO

Calhoun NO Englebr Y  Hevesi  Y  Manning ER Peralta Y  Seminer Y

A04882 Memo:

 BILL NUMBER:  A4882B

 TITLE OF BILL :  An act to amend the public health law, in relation

to the practice of radiologic technology and to repeal article 35 of

such law relating to the practice of x-ray technology

 PURPOSE OR GENERAL IDEA OF BILL : To replace Article 35 of the Public

Health Law, "Practice of X-ray Technology" with a new Article to

update language and add new requirements consistent with industry

practice and create the license of nuclear medicine technologist.

 SUMMARY OF SPECIFIC PROVISIONS : a. Section 3500 - Provides the

declaration of policy and the statement of purpose.

b. Section 3501 - Provides for the definitions used in this Article.

The section defines radiologic technology to include radiography

(x-ray technology), nuclear medicine technology and radiation therapy

technology.

c. Section 3502 - Provides that the Department shall issue licenses to

individuals who meet the criteria outlined in Section 3505. This

section also provides that effective January 1, 2009, individuals who

practice nuclear medicine technology must hold a license in accordance

with this Article. This section provides that radiologic technologists

may administer or inject contrast media, provided they obtain an

Intravenous Contrast Media Certification from the Department.

d. Section 3503 - Provides for the Radiologic Technologist Advisory

Board comprised of eleven members and appointed by the Commissioner.

The bill expands the board from 9 members to eleven to add two nuclear

medicine technologists, which would be licensed under Article 35. The

position held by the physician in the general practice of medicine has

been replaced with a nuclear medicine physician. This specialty will

be important to the Department as it implements the licensing of

nuclear medicine technologists. The term of office is increased from

three to four years.

e. Section 3504 - Provides the Commissioner with the authority to

promulgate rules and regulations which may be necessary to implement

the provisions of this Article.

f. Section 3505 - Provides for the qualifications of licensure,

including meeting the educational and examination standards in

accordance with regulations promulgated by the Commissioner and paying

a $120 fee. Currently, the educational standards are specified in

statute. Over the years, the role of the national accrediting

educational bodies has superseded the Department in determining

educational standards. As such, changes to the educational standards

to maintain or increase standards should be accomplished through a

regulatory change, rather than a statutory amendment, to keep pace

with the standards of the national accrediting educational bodies.

Also, individuals who fail to pass the national certifying examination

after three attempts are required to show evidence of additional study

before being allowed to take the examination again.

g. Section 3506 - Provides for the issuance of temporary permits for

no more than 180 days.

h. Section 3507 - Provides that licensees must register with the

Department. The licensee must file an application with the register

prior to commencing practice. The registration fee is set at $20 per

year. This section also authorizes the Department to require licensees

to complete continuing education, as established by the Commissioner

in regulation, as a condition of registration or intravenous contrast

media certification.

i. Section 3508 - Provides that institutions or other agencies that

offer a course of study in radiologic technology must be registered by

the Department or the State Education Department and meet standards

prescribed by the Commissioner or the Commissioner of Education in

accordance with regulations. There are nine schools that offer nuclear

medicine technology programs. Three are hospital programs two will be

covered by the Department and the other is in a Federal facility. The

other six are located in colleges currently under the supervision of

the State Education Department.

j. Section 3510 - Provides the circumstances under which a license,

registration or certification may be suspended or revoked, outlines

those activities which would constitute misconduct under this Article

and provides for civil penalties not to exceed $2,000. This section

also provides that no person convicted of a felony shall be entitled

to practice radiologic technology unless he or she has been granted an

executive pardon, a certificate of relief from disabilities or a

certificate of good conduct and, the Commissioner, in his or her

discretion, restores the license after determining that the individual

does not pose a threat to patient health and safety.

k. Section 3511 - Provides for the proceedings for suspension or

revocation against a licensee.

1. Section 3512 - Provides for those activities which constitute a

misdemeanor under this Article and the penalties for such violation.

m. Section 3513 - Provides that all fees, fines, penalties and moneys

derived from the operation of this Article shall be paid by the

Department to the Radiologic Health Protection Program account.

n. Section 3514 - Provides for injunctive relief.

o. Section 3515 - Provides construction for the purpose of the rights

of licensed radiologic technologists and exempts certain hospital

residents and students currently enrolled in a college of medicine,

dentistry, podiatry, chiropractic, or radiologic technology and those

acting as certified and uncertified dental assistants from the

requirements of this Article. This section also provides that nothing

in Article 35 PHL shall be construed to limit the authority of any

person to administer or inject contrast media under any law, rule or

regulation of the Department of Health or of the State Education

Department. Subdivision 3 provides that nothing in Title VIII 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.

p. Section 3516 - Provides that dental x-rays shall be used for

diagnostic purposes only and not to verify that dental work was

performed for the purpose of billing third party payors. The

requirement by an insurer that x-rays be taken to confirm that dental

work was in fact performed exposes an individual to unnecessary

radiation and therefore is prohibited.

q. Section 3517 - Separability.

r. Section 2 - Provides that members of the existing Radiologic

Technology Advisory Board, which is repealed by this act, shall

continue to serve their unexpired term of office.

s. Section 3 - Provides that this act shall take effect 180 days after

the date upon which it became law, however, the Commissioner is

authorized to take any steps necessary, prior to its effective date,

to implement this act.

 EXISTING LAW : a. Section 3500 - Provides for the declaration of

policy and statement of purpose for the Practice of X-Ray Technology.

b. Section 3501 - Provides for the definitions used in Article 35.

c. Section 3502 - Provides that a license is required in order for an

individual to practice x-ray technology.

d. Section 3503 - Establishes the Radiologic Technology Advisory Board

and outlines its membership.

e. Section 3504 - Provides the Commissioner with the authority to

promulgate rules and regulations which may be necessary to carry out

the provisions of this article.

f. Section 3505 - Provides for the qualifications an individual must

meet to be eligible to sit for the x-ray technologist licensing

examination, including completing the course of study from a school or

institution registered with the Department.

g. Section 3506 - Establishes the criteria by which the examinations

will be provided to individuals.

h. Section 3507 - Provides for the issuance of licenses by the

Department.

i. Section 3508 - Establishes the requirements an individual must meet

in order for the Department to issue a license. This section also

includes provisions that were necessary to grandfather individuals who

were practicing x-ray technology into Article 35 when it was

established in 1964.

j. Section 3509 - Provides that licensees must register with the

Department.

k. Section 3510 - Establishes the circumstances under which a license

may be suspended and/or revoked.

l. Section 3511 - Provides for proceedings governing suspension and

revocation of a license.

m. Section 3512 - Establishes the violations that constitute a

misdemeanor under this Article and the punishment for the offense.

n. Section 3513 - Provides for the disposition of fees, penalties and

other moneys.

o. Section 3514 - Provides for injunctive relief.

p. Section 3515 - Provides construction for the purposes of the rights

of licensed x-ray technicians and exemptions from this Article.

q. Section 3516 - Provides for the use of x-rays with respect to

dental services.

r. Section 3617 - Separability.

 JUSTIFICATION : The practice of x-ray technology Was established in

1964 in Article 35 of the Public Health Law (PHL). As the practice of

radiologic technology has developed and advanced over the years,

subsequent amendments to Article 35 have not kept pace. Consequently,

the law governing the practice is significantly outdated. The purpose

of this bill is to revise the statutory language to reflect the duties

and responsibilities of the radiologic technologist which have changed

as new technologies enter the market which impact how the profession

is practiced.

This legislation repeals the current Article 35 and replaces it with a

new Article which updates the terms and titles currently used in the

practice, and provides for the following:

* Provides that the educational requirements be moved from statute to

regulation: Over the years, the role and requirements of the national

accrediting educational bodies have eclipsed the role of the

Department in determining educational standards. As such, changes to

the educational standards to maintain or increase criteria should be

accomplished through a regulatory change, rather than a statutory

amendment, to accommodate necessary modifications to the educational

standards in accordance with those of the national accrediting

educational bodies, such as the Joint Review Committee on Education in

Radiologic Technology.

* Establishes the licensure of nuclear medicine technologists: There

is a discrepancy in the law in that radiographers and radiation

therapists must be licensed and registered by the Department but

nuclear medicine technologists, who handle and inject

radiopharmaceuticals, are not required to be licensed. Nuclear

medicine is very dependent on the skill of the technologist to perform

a high quality study for physician interpretation. The Department`s

Radiological Health Advisory Committee, the Radiological Society of

New York State and the profession have strongly encouraged the

licensure of nuclear medicine technologists to ensure high quality

studies and the safe use of radioactive materials. Twenty- one other

states license nuclear medicine technologists. Requirements for a

nuclear medicine technology license parallel those for licensure as a

radiographer or radiation therapist. Individuals who are currently

practicing but lack either the educational or examination background

will have until January 1, 2009 to meet the requirements. The vast

majority of individuals in this field are expected to be able to meet

these standards (estimated to be 1200 individuals).

* Provides that radiography includes intravascular administration of

contrast media: The injection of contrast media is added to the

definition of the practice of radiography under the direct supervision

of a physician when the administration is an integral part of the

x-ray or imaging procedure. A radiologic technologist would need to

meet standards established by the Department in order to obtain a

separate Intravenous Contrast Administration Certificate authorizing

the technologist to administer contrast media under the direct

supervision of a physician. New York is the only state that prohibits

radiologic technologists from administering contrast media.

* Two members are added to the Radiological Advisory Board: The Board

is changed from a nine to an 11-member board to add two nuclear

medicine technologists who now would be licensed under Article 35.

* Continuing Education: - The bill allows the Department to require

licensees to complete continuing education credits as a condition of

registration or certification. In the past, nurses have been required

to demonstrate continuing education for such public health concerns as

infectious disease control and cardiopulmonary resuscitation.

Although radiologic technologists work in a similar environment, the

Department does not have authority to require comparable training. In

addition, the certifying body for this profession, the American

Registry of Radiologic Technologists requires continuing education for

continued certification. Without a comparable requirement, New York

State licensure is not equivalent to national standards.

 PRIOR LEGISLATIVE HISTORY : New bill.

 FISCAL IMPLICATIONS : There will be an increase in the licensing and

registration fees deposited into the Radiation Special Revenue Other

fund for radiologic technologists as the fees for those licenses and

registration are increased. The licensure of Nuclear Medicine

Technologists and the Certification for the intravenous contrast

administration will result in a nominal increase to the fees deposited

into the Radiation Special Revenue Other fund, which was established

by the legislature in 1999.

 EFFECTIVE DATE : The provisions of this act relating to the injection

of intravenous contrast media as provided for in subdivisions 3 and 18

of section 3501 and subdivisions 4 and 5 of section 3502 of the public

health law, as added by section one of this act shall take effect 180

days it shall have become law. The rest of the act becomes effective

one year after it shall have become a law.

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