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 Education and Professional Practice
TITLE OF ITEM:	Amendment to the Regulations of the Commissioner of Education Relating to the Operation of Radiographic Equipment by an Unlicensed Person under the Direct Supervision of a Licensed Podiatrist
DATE OF SUBMISSION:	May 28, 2004
PROPOSED HANDLING:	Discussion
RATIONALE FOR ITEM:	To Implement Statute
STRATEGIC GOAL:	Strategic Goal 3
AUTHORIZATION(S):

 

SUMMARY:

 

Attached is a proposed amendment to the Regulations of the Commissioner of Education, which would add two new sections 65.6 and 65.7, relating to the operation of radiographic equipment by an unlicensed person under the direct supervision of a licensed podiatrist. Supporting materials for the proposed regulation are available upon request from the Secretary to the Board of Regents.

 

The purpose of the proposed regulation is to implement section 7006(4) of the Education Law which permits an unlicensed assistant providing supportive services to a licensed podiatrist to x-ray a patient's foot, while under the direct supervision of the licensed podiatrist, provided that the unlicensed assistant has completed an acceptable course of study. Staff of the State Education Department worked with the State Board for Podiatry to develop this regulation and consulted with the New York State Department of Health. 

 

A Notice of Proposed Rule Making concerning the proposed regulation will be published in the State Register on June 16, 2004.  It is recommended that formal action on the proposed amendment be taken at the September 2004 meeting of the Board of Regents.

 

 

Attachment

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

          Pursuant to sections 207, 210, 212, 6504, 6507, 7001, and 7006 of the Education Law, and section 3515 of the Public Health Law.

1.  Section 65.6 of the Regulations of the Commissioner of Education is added, effective September 30, 2004, as follows:

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.

2.  Section 65.7 of the Regulations of the Commissioner of Education is added, effective September 30, 2004, as follows:

          65.7 Course of study required for the operation by an unlicensed person of radiographic equipment for foot radiography.

(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.