Current through Register Vol. 46, No. 39, September 25, 2024
(a) Purpose. The purpose of this section is
to set forth standards for a course of study required to be completed by
unlicensed persons before such unlicensed persons may operate radiographic
equipment for the sole purpose of foot radiography, while under the direct
supervision of a licensed podiatrist, in accordance with the requirements of
section
7006
(4) of the Education Law and section
65.6 of this Part. and to establish
requirements for providers of such a course of study.
(b) Approval of course of study. To be
approved by the department for purposes of section
7006
(4) of the Education Law and section
65.6 of this Part. the course of
study shall meet the requirements of this section and be approved by the
department pursuant to the procedures of this section.
(c) Standards for the course of study.
(1) Providers. The course of study shall be
offered by degree-granting institutions that offer registered programs in the
health professions or equivalent programs, hospitals or health facilities
regulated pursuant to article 28 of the Public Health Law, professional
associations representing the health professions, or other entities that have
as a purpose the provision of education or training on health care subjects to
health professionals.
(2) Admission
requirements.
(i) Candidates for admission to
the course of study shall meet the following requirements:
(a) be at least 18 years of age;
(b) hold at least a high school diploma or
its equivalent; and
(c) be of good
moral character.
(ii)
All candidates for admission shall be required to submit a formal written
application.
(3) Course
of study.
(i) The course of study shall
contain at least eight clock hours of in-person instruction.
(ii) The instruction shall include the
following content areas:
(a) basic radiation
safety for the patient and the operator, and infection control
techniques;
(b) positioning the
patient for a podiatric radiograph;
(c) production of the radiograph;
and
(d) developing
radiographs.
(iii) The
course of study shall require the candidate to train on and operate
radiographic equipment on nonhuman models. Such operation must be under the
direct in-person observation and supervision of a licensed podiatrist who shall
ensure the safe operation of the equipment. The equipment must be approved by
the New York State Department of Health for use by an unlicensed person while
under the direct supervision of a licensed podiatrist.
(iv) The course of study shall require the
unlicensed person to demonstrate competency in the operation of radiographic
equipment for the purpose of foot radiography through successful completion of
a practical examination using such equipment on nonhuman models and a written
examination. Such practical examination must be under the direct in-person
observation and supervision of a licensed podiatrist who shall ensure the safe
and competent operation of the radiographic equipment.
(v) The provider shall prepare in written
form and make use of a detailed curriculum, which describes learning objectives
and competencies achieved by the course of study.
(4) Instructors. The course of study shall be
taught by instructors who have demonstrated by training, education, and
experience their competence to teach the course content prescribed in paragraph
(3) of this subdivision.
(5)
Facilities and equipment. The course of study shall be supported by adequate
facilities, equipment, and other physical resources, including but not limited
to, the type of radiographic equipment approved by the Department of Health for
use by unlicensed persons while under the direct supervision of a licensed
podiatrist. The provider must conform to all applicable statutes, rules and
regulations relating to radiation safety standards.
(d) Responsibilities of providers of the
course of study.
(1) A provider of the course
of study shall execute a certification of completion for each person
successfully completing the course of study.
(2) Within 21 calendar days of the completion
of course of study, the provider shall transmit a certification of completion
to the person successfully completing the course of study for that person's use
in documenting such completion.
(3)
The provider shall retain in its files for not less than six years from the
date of the conclusion of each session of the course of study; a copy of the
certification of completion for students who successfully completed the course
of study; a record of the dates of the course of study; the written
applications submitted by all students who were admitted to the course of
study: attendance in the course of study; the written curriculum for the course
of study; instructors who taught the course of study; examination results; and
such other matters as determined by the department to confirm participation in
the course of study.
(4) In the
event that the provider discontinues offering the course of study, upon such
discontinuance, all records retained pursuant to paragraph (3) of this
subdivision shall be transferred to the department.
(e) Application for approval of course of
study.
(1) Providers seeking approval of a
course of study pursuant to this section shall submit to the department an
application on forms prescribed by the department and a fee of $500 for the
review of such course of study and the issuance of a permit from the department
to become an approved provider.
(2)
The department shall review the information contained in such application and
may request and review additional information and may conduct site visits to
ensure compliance with the requirements of this section.
(f) Term of approval of course of study.
(1) The course of study shall be approved for
a period of six years, except that the approved status of such course of study
may be terminated during this term by the department in accordance with
subdivision (g) of this section.
(2) At the expiration of said term, a
provider may reapply to the department for approval of the course of study by
following the requirements of subdivision (e) of this section, including
payment of a required fee of $500, for the renewal of the permit from the
department to be an approved provider for an additional six-year
term.
(g) Review of
course of study.
(1) The department may
review the course of study during the term of approval to ensure compliance
with the requirements of this section and may request information from a
provider and may conduct site visits, pursuant to such review.
(2) A determination by the department that
the course of study offered by a provider is inadequate, incomplete, or
otherwise unsatisfactory pursuant to standards set forth in this section shall
result in the denial or termination of the approved status of the course of
study.