N.Y. Comp. Codes R. & Regs. tit. 8 § 65.6

Current through Register Vol. 46, No. 36, September 4, 2024

Section 65.6 - Operation by an unlicensed person of radiographic equipment for foot radiography

(a) In accordance with section 7006(4) of the Education Law, an unlicensed person providing supportive services to a licensed podiatrist, incidental to and concurrent with such podiatrist personally performing a service or procedure, may operate radiographic equipment under the direct supervision of a licensed podiatrist, as defined in subdivision (b) of this section, for the sole purpose of foot radiography, provided that the following requirements are met:

(1) the type of radiographic equipment that is operated by the unlicensed person is the type of radiographic equipment approved by the New York State Department of Health for use by such an unlicensed person; and

(2) the unlicensed person has successfully completed a course of study of at least eight clock hours of in-person instruction, approved by the department pursuant to section 65.7 of this Part, prior to such operation of the radiographic equipment.

(b) For purposes of this section, under the direct supervision of a licensed podiatrist means: supervision of radiographic procedures based on instructions given by a licensed podiatrist in the course of a procedure who remains in the podiatry office where the radiographic services are being performed, personally diagnoses the condition to be treated, personally authorizes the procedures and determines that the radiographic exposure of the foot should be made and the part or parts of the patient's foot which shall be exposed; and before dismissal of the patient, evaluates the services performed by the unlicensed assistant.

(c) The supervising licensed podiatrist shall retain a copy of the certificate of completion, verifying that the unlicensed person has successfully completed a course of study approved by the department pursuant to section 65.7 of this Part, for a period of 22 years after the unlicensed person last provided radiographic services under the direct supervision of the licensed podiatrist.

(d) The supervising licensed podiatrist shall be professionally responsible for ensuring that, prior to permitting an unlicensed person to operate radiographic equipment for the purpose of foot radiography, all of the requirements of this section have been met and that adequate safety protections are in place, consistent with the use of the radiographic equipment by an unlicensed person and the training obtained by the unlicensed person to perform radiographs of the foot.

(e) Nothing in this section shall be construed to permit an unlicensed person to receive exposed and processed radiographs for the purpose of performing diagnostic interpretation or to practice podiatry, as such practice is defined in section 7001 of the Education Law.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 65.6