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Meeting of the Board of Regents | April 2003

Tuesday, April 1, 2003 - 11:00pm

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:

The Honorable the Members of the Board of Regents

FROM:

Johanna Duncan-Poitier

COMMITTEE:

Higher and Professional Education

TITLE OF ITEM:

Proposed Promulgation of Regulations of the Commissioner of Education Relating to Professional Licensure in Medical Physics

DATE OF SUBMISSION:

March 31, 2003

PROPOSED HANDLING:

Approval (Consent Agenda)

RATIONALE FOR ITEM:

To Implement Statute

STRATEGIC GOAL:

Goal 3

AUTHORIZATION(S):

SUMMARY:

 Attached for confirmation of an emergency action is a proposed promulgation of section 52.31 and Part 79-8 of the Regulations of the Commissioner of Education, relating to professional licensure in medical physics. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

The purpose of the proposed regulations is to implement the provisions of Article 166 of the Education Law by establishing the education, experience, and examination requirements for licensure as a medical physicist; requirements for granting licensure without examination for prescribed individuals with experience in the field; requirements for granting limited permits and licensure by endorsement; and standards for registered college programs that lead to licensure in this profession.

The recommended action was adopted as an emergency measure at the February 2003 meeting of the Board of Regents and is now being proposed for adoption as a permanent rule. A Notice of Proposed Rule Making concerning the amendment was published in the State Register on February 5, 2002. A Notice of Emergency Adoption was published in the State Register on March 12, 2003.

I recommend that the Regents take the following action:

VOTED: That section 52.31 and Subpart 79-8 of the Regulations of the Commissioner of Education be added, as submitted, effective May 22, 2003.

 

Attachment

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 207, 210, 6501, 6504, 6507, 6508, 8701, 8702, 8703, 8705 8706, and 8708 of the Education Law.

1. Section 52.31 is added to the Regulations of the Commissioner of Education, effective May 22, 2003, as follows:

52.31 Medical physics.

(a) Definitions. As used in this section: acceptable accrediting agency means an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent, and nondiscriminatory manner, such as an agency recognized for this purpose by the United States Department of Education.

(b) In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure in a specialty of medical physics as defined in section 8701 of the Education Law, the program shall be offered by a college or university accredited by an acceptable accrediting agency or an equivalent institution, as determined by the department, and shall be a master's or doctoral degree program in medical physics, physics, another physical science, mathematics, engineering or an equivalent field, containing at least 10 semester hours, or the equivalent, of coursework which includes but is not limited to: radiation protection, radiation biology, dosimetry, instrumentation, and a supervised clinical experience, as such coursework and experience pertain to such medical physics specialty.

2. Subpart 79-8 is added to the Regulations of the Commissioner of Education, effective May 22, 2003, as follows:

Subpart 79-8

Medical Physics

79-8.1 Definitions. As used in this Subpart: acceptable accrediting agency means an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent, and nondiscriminatory manner, such as an agency recognized for this purpose by the United States Department of Education.

79-8.2 Education requirement. To meet the professional education requirement for licensure as a medical physicist in this State, the applicant shall present satisfactory evidence of completion of:

(a) a masters or doctoral degree program, offered by a college or university accredited by an acceptable accrediting agency or an equivalent institution, as determined by the department, where such program is either:

(1) registered by the department pursuant to section 52.31 of this Title; or

(2) accredited by an acceptable accrediting agency; or

(3) otherwise determined by the department to be the equivalent of such a registered or accredited program; or

(b) a master's or doctoral degree program, other than a program described in subdivision (a) of this section, offered by a college or university accredited by an acceptable accrediting agency or an equivalent institution, as determined by the department, in medical physics, physics, another physical science, mathematics, engineering, or an equivalent field, which incorporated or was supplemented by education and/or experience in radiation protection, radiation biology, dosimetry, instrumentation, and clinical applications thereof, as such education and experience pertain to the specialty area for which the applicant seeks licensure. Such training shall ensure that the applicant has acquired the equivalent education and clinical experience as that obtained in a program registered pursuant to section 52.31 of this Title.

79-8.3 Experience. To meet the experience requirement for licensure as a medical physicist in this State, the applicant shall present satisfactory evidence of completion of at least two years of full-time work experience or its equivalent in the medical physics specialty for which the applicant seeks licensure, including at least one year of full-time work experience or its equivalent within the five years preceding the date of application. Such work experience shall be within the practice of a medical physics specialty, in accordance with definitions of the specialty in section 8701 of the Education Law and the practice of medical physics in section 8702 of the Education Law. For purposes of this section, a year of full-time work experience or its equivalent shall mean a minimum of 1,200 clock hours in the medical physics specialty.

79-8.4 Examination. To meet the examination requirement for professional licensure as a medical physicist in this State, the candidate shall pass an examination that is determined by the department to measure the applicant�s knowledge, judgement, and skills concerning the practice of each medical physics specialty for which the applicant seeks licensure, in accordance with the definitions of the specialty in section 8701 of the Education Law and the practice of medical physics in section 8702 of the Education Law.

79-8.5 Limited Permits.

(a) The following persons shall be eligible for a limited permit in a specialty area of medical physics:

(1) an individual who meets all the requirements for licensure as a medical physicist except those relating to examination and/or experience; or

(2) a student who is enrolled in a graduate program at the master's degree level or above approved by the department.

(b) A permitee shall be authorized to practice only under the direct and immediate supervision of a licensed medical physicist and only in a specialty or specialties for which such medical physicist is licensed. For purposes of this section, direct and immediate supervision means the continuous physical presence of the supervisor during the performance of activities in the practice of medical physics as defined in section 8702 of the Education Law.

(c) A limited permit shall be valid for two years and may be renewed by the department for additional two-year periods for up to a total of no more than six years.

79-8.6 Special Provisions.

(a) An applicant shall not be required to meet the examination requirements for licensure as prescribed in section 79-8.4 of this Subpart provided that by August 25, 2004 the applicant:

(1) has filed an application and paid the required statutory fees to the department;

(2) is at least 21 years of age; and

(3) either:

(i) possesses a bachelor�s degree from a college or university accredited by an acceptable accrediting agency or from an equivalent institution, as determined by the department, in medical physics, physics, another physical science, mathematics, engineering, or an equivalent field and at least 15 years of full-time work experience or its equivalent in the medical physics specialty for which application is made; or

(ii) possesses a master�s or doctoral degree from a college or university accredited by an acceptable accrediting agency or from an equivalent institution, as determined by the department, in medical physics, physics, another physical science, mathematics, engineering, or an equivalent field and at least two years of full-time work experience or its equivalent in the five years preceding the date of application in the medical physics specialty for which application is made. For such applicants possessing the master's or doctoral degree, for each additional specialty for which application is made, the applicant shall be required to possess at least one year or more of full-time work experience or its equivalent in that specialty in the ten years preceding the date of application.

(b) For purposes of this section, a year of full-time work experience or its equivalent shall mean a minimum of 1,200 clock hours in the medical physics specialty.

79-8.7 License by endorsement.

Notwithstanding the requirements of section 59.6 of this Title, a license to practice medical physics issued by another state, territory, or jurisdiction may be accepted by the department for licensure in New York State provided that the following conditions are met:

(1) an application has been made and all required fees paid to the department;

(2) the requirements for such license have been determined by the department to be substantially the same as the requirements of Article 166 of the Education Law; and

(3) the applicant meets all other requirements for professional licensure as a medical physicist in this State.