Effective Date: 01/08/97
Title: Section 16.19 - Limitations on application of radiation to humans

16.19 Limitations on application of radiation to humans.(9)

(a) Diagnostic x-ray equipment. No person other than a professional practitioner, as defined in paragraph (34) of subdivision (a) of section 16.2; a physician's assistant working under the authority of a physician in accordance with Article 37 of the Public Health Law; or, a certified nurse practitioner working in accordance with Article 139 of the Education Law, within a practice agreement with a physician, or under the authority of a Medical Director or Medical Board in an Article 28 facility, shall direct or order the application of radiation from radiation equipment, as defined in sectopm 16.2(a)(97) of this Part to a human being. No person other than a professional practitioner; as defined in paragraph (34) of subdivision (a) of section 16.2; or a licensed and registered radiologic technologist, or, student currently enrolled in an approved program of study in diagnostic radiologic technology, and under direct supervision by a professional practitioner or licensed radiologic technologist; shall position patients, set techniques or apply such radiation to a human being. Such direction or order to apply, or application of, radiation shall be in the course of the practitioner's professional practice and shall comply with the applicable provisions of Part 89 of this Title and article 35 of the Public Health Law of the State of New York.

(1) Unlicensed dental assistants may operate dental radiographic equipment for intraoral and panographic dental x-ray procedures only under the supervision of a licensed dentist pursuant to the applicable provisions of section 89.45 of this Title and of paragraph (4) of subdivision (c) of section 3515 of the Public Health Law of the State of New York.

(b) X-ray therapy equipment. No person other than a qualified physician shall direct or order the application of radiation from x-ray therapy equipment, as defined in paragraph (97) of section 16.2(a) of this Part to a human being. Nor shall any person other than a qualified physician, or a licensed and registered radiation therapist or a student currently enrolled in an approved program of study in radiation therapy technology, and under direct supervision of a qualified physician or licensed radiation therapist; position patients, set techniques or apply radiation therapy to a human being. Such direction or order to apply, or application of, radiation shall be in compliance with the applicable provisions of Part 89 of this Title and Article 35 of the Public Health Law.

(c) Radioactive materials. No person other than a physician named in a license issued pursuant to section 16.100 of this Part, or a physician under his/her tutelage shall direct or order the use of radioactive materials specified in paragraphs (1), (2), (3) and (4) of subdivision (b) of section 16.123, or in section 16.122 of this Part for human use; nor shall any person other than a physician, dentist, or podiatrist named in a license issued pursuant to section 16.100 direct or order the use of radioactive materials specified in paragraph (5) of subdivision (b) of section 16.123 for human use; nor shall anyone other than these persons, or a person working under their direction or order, administer radioactive materials or the radiation therefrom to humans. Such direction or order, or administration of radioactive materials or radiation shall be in the course of the physician's, dentist's or podiatrist's practice and shall comply with the following:

(1) The provisions of the radioactive materials license issued pursuant to section 16.100, and the provisions of the license or other authorization of the practitioner under the Education Law of the State of New York and all regulations pertinent thereto;

(2) The applicable provisions of Part 89 of this Title and Article 35 of the Public Health Law of the State of New York; and

(3) The provisions of section 16.103(b) of this Part.

________ (FOOTNOTE(9): See also Section 16.9 _______




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