Senate Bill S10439

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10439
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to registered  radio-
   logic  technologists working within a collaborative practice agreement
   with a licensed physician
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 3501 of the public health law, as
 amended by chapter 476 of the laws of 2024, is amended and a new  subdi-
 vision 20 is added to read as follows:
   3.  "Radiography" means the use of x-rays or x-ray producing equipment
 on human beings for diagnostic  purposes  under  the  supervision  of  a
 licensed  practitioner.  The  practice  includes, but is not limited to:
 measuring and positioning patients; selecting and  setting  up  exposure
 factors  on  x-ray  equipment, and the making of the x-ray exposure; the
 performance of quality control tests; under the direct supervision of  a
 licensed  physician,  the intravascular administration of contrast media
 when such administration is an integral part of  the  x-ray  or  imaging
 procedure;  and,  under  the direct supervision of a licensed physician,
 certified nurse  practitioner,  or  licensed  physician  assistant,  the
 intravenous administration of contrast media when such administration is
 an  integral  part  of  the x-ray or imaging procedure. IN COLLABORATIVE
 PRACTICE WITH A LICENSED PHYSICIAN, WHEN SUCH SERVICES ARE PERFORMED  IN
 ACCORDANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTO-
 COLS,  IT  SHALL  BE  KNOWN AS A COLLABORATIVE PRACTICE AGREEMENT. UNDER
 SUCH A COLLABORATIVE PRACTICE AGREEMENT, RADIOLOGIC TECHNOLOGISTS, UNDER
 THE SUPERVISION OF A PHYSICIAN, MAY ALSO PRACTICE THE INTRAVENOUS ADMIN-
 ISTRATION OF CONTRAST MEDIA WHEN SUCH ADMINISTRATION IS AN INTEGRAL PART
 OF THE X-RAY OR IMAGING.
   20. "COLLABORATIVE PRACTICE AGREEMENT" MEANS AN  AGREEMENT  BETWEEN  A
 RADIOLOGIC  TECHNOLOGIST  AND  A  LICENSED  PHYSICIAN  CONFORMING TO THE
 REQUIREMENTS SET FORTH IN SUBDIVISION SEVEN OF  SECTION  THREE  THOUSAND
 FIVE HUNDRED TWO OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15910-01-6
              

 S. 10439                            2
 
   §  2. Section 3502 of the public health law is amended by adding a new
 subdivision 7 to read as follows:
   7.  (A)  A COLLABORATIVE PRACTICE AGREEMENT BETWEEN A RADIOLOGIC TECH-
 NOLOGIST AND A LICENSED PHYSICIAN SHALL:
   (I) BE SIGNED AND MAINTAINED BY THE PHYSICIAN AND THE RADIOLOGIC TECH-
 NOLOGIST;
   (II) BE REVIEWED ANNUALLY BY THE PHYSICIAN AND THE RADIOLOGIC TECHNOL-
 OGIST;
   (III)  INCLUDE  CONSIDERATION  FOR  MEDICALLY  COMPROMISED   PATIENTS,
 SPECIFIC MEDICAL CONDITIONS, AGE- AND PROCEDURE-SPECIFIC PRACTICE PROTO-
 COLS, AND RECOGNITION AND RESPONSE TO ADVERSE REACTIONS AND EVENTS ASSO-
 CIATED WITH THE ADMINISTRATION OF INTRAVENOUS CONTRAST MEDIA; AND
   (IV)  BE MADE AVAILABLE TO THE DEPARTMENT AND OTHER INTERESTED PARTIES
 UPON REQUEST.
   (B) PRIOR TO PERFORMING SERVICES PURSUANT TO A COLLABORATIVE  PRACTICE
 AGREEMENT,  THE RADIOLOGIC TECHNOLOGIST SHALL PROVIDE THE PATIENT WITH A
 WRITTEN STATEMENT ADVISING THE PATIENT THAT THE  SERVICES  PROVIDED  ARE
 NOT BEING PROVIDED EITHER BY OR UNDER THE DIRECT OR PERSONAL SUPERVISION
 OF A LICENSED PHYSICIAN.
   (C) A COLLABORATING PHYSICIAN MAY ENTER INTO SUCH NUMBER OF COLLABORA-
 TIVE  AGREEMENTS  AS THE PHYSICIAN DETERMINES CONSISTENT WITH THE PHYSI-
 CIAN'S AND FACILITY'S ABILITY TO PROVIDE APPROPRIATE CLINICAL OVERSIGHT,
 PATIENT SAFETY, AND OPERATIONAL CAPABILITY.
   (D) A RADIOLOGIC TECHNOLOGIST SHALL HAVE NO MORE THAN  ONE  COLLABORA-
 TIVE AGREEMENT WITH A PHYSICIAN AT ONE TIME.
   (E)  A  RADIOLOGIC  TECHNOLOGIST  SHALL  FILE  AN APPLICATION WITH THE
 DEPARTMENT TO PRACTICE AS A RADIOLOGIC TECHNOLOGIST UNDER  A  COLLABORA-
 TIVE  PRACTICE  AGREEMENT,  AND  SUBMIT  SUCH  FEE  AS DETERMINED BY THE
 DEPARTMENT TO BE REASONABLE.
   (F) AS A CONDITION OF COLLABORATIVE PRACTICE, THE RADIOLOGIC TECHNOLO-
 GIST SHALL:
   (I) HAVE AND MAINTAIN AN INTRAVENOUS CONTRAST  ADMINISTRATION  CERTIF-
 ICATE ISSUED BY THE DEPARTMENT IN GOOD STANDING FOR THE FULL DURATION OF
 THE  AGREEMENT.  THE LAPSE OF SUCH CERTIFICATION DURING THE COURSE OF AN
 AGREEMENT SHALL TERMINATE THE VALIDITY OF  THE  DEPENDENT  COLLABORATIVE
 AGREEMENT; AND
   (II)  HAVE  BEEN  ENGAGED  IN PRACTICE WITH AN ACTIVE AND CONSISTENTLY
 UTILIZED INTRAVENOUS CONTRAST ADMINISTRATION CERTIFICATE, AND HAVE DOCU-
 MENTED COMPLETION OF EDUCATIONAL COURSE WORK THAT INCLUDES, BUT  IS  NOT
 LIMITED  TO,  INSTRUCTION  IN  ADVANCED  RADIOLOGY LIFE SUPPORT, MEDICAL
 EMERGENCY PROCEDURES, AND RISK MANAGEMENT.
   (G) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO  REQUIRE  EITHER
 DIRECT OR PERSONAL SUPERVISION BY A PHYSICIAN UNLESS OTHERWISE SPECIFIED
 IN  A  COLLABORATIVE  PRACTICE  AGREEMENT,  PROVIDED,  HOWEVER, ANY SUCH
 COLLABORATIVE PRACTICE SITE  MUST  PROVIDE  SUPERVISION  BY  A  LICENSED
 PHYSICIAN  UTILIZING  TWO-WAY,  REAL-TIME AUDIOVISUAL TECHNOLOGY MEETING
 CURRENT CENTERS FOR MEDICARE & MEDICAID SERVICES GUIDANCE,  AS  WELL  AS
 ON-SITE  STAFFING  OF  ONE  OR  MORE HEALTHCARE PROFESSIONALS QUALIFIED,
 LICENSED, OR OTHERWISE TRAINED TO HANDLE ADVERSE EVENTS ASSOCIATED  WITH
 INTRAVENOUS CONTRAST ADMINISTRATION.
   §  3. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 date.