LICENSURE

Section 89.10 - General Provisions

LICENSURE

Section 89.10 General Provisions.

(a) To qualify for a license to practice as a radiologic technologist, an applicant shall fulfill the following requirements in a manner acceptable to the department:

(1) file an application on a form prescribed by the department along with a nonrefundable license fee of $120;

(2) submit documentation that the applicant has successfully completed an education program in radiologic technology that is registered with the department, the State Department of Education, or an accrediting organization approved by the department;

(3) submit evidence that the applicant has passed an examination administered by an accrediting organization approved by the department with a passing grade, as determined by the department;

(4) be at least 18 years of age and;

(5) be of good moral character.  In accordance with Correction Law Article 23-A, a person previously convicted of one or more criminal offenses shall not be found to lack good moral character based upon these conviction(s) unless (i) there is a direct relationship between one or more of the previous criminal offenses and the duties required of the license or (ii) licensing the applicant would involve an unreasonable risk to property or the safety or welfare of a specific individual or the general public. In determining these questions, the department will look at all the factors listed under New York State Correction Law section 753. 

(b) Nothing in this Part shall be construed to apply to the practice of nuclear medicine technology prior to January 1, 2009.

(c) Notwithstanding any provision herein to the contrary, any individual practicing as a nuclear medicine technologist prior to July 26, 2007 may be licensed to practice nuclear medicine technology provided that he or she has completed an education program in nuclear medicine technology acceptable to the department and has five years of verifiable and satisfactory employment within the previous ten years as a nuclear medicine technologist, or possesses certification by the Nuclear Medicine Technology Certifying Board or registration with the American Registry of Radiologic Technology in nuclear medicine technology.

Effective Date: 
Wednesday, November 2, 2016
Doc Status: 
Complete

Section 89.11 - Denial of licensure

Section 89.11 Denial of licensure.

(a) If the department determines that an applicant is ineligible for licensure pursuant to this Part, the department shall provide written notice to the applicant of the determination, the reasons therefor and information regarding his/her rights to petition.

(b) An applicant who has been denied licensure may petition the department, within 30 days of notification of the denial, for a review thereof. If the Commissioner or his or her designee decides in his/her discretion that a hearing should be held, the petitioner shall be entitled to all the rights of a respondent specified in subdivisions 2, 3, and 4 of section 3511 of the Public Health Law.

(c) Where an applicant has been denied licensure, the department may, after the expiration of two years or upon the granting to the applicant of a pardon or of a certificate of good conduct, or of a certification of relief from disability, entertain a new application for examination.

(d) Where an applicant is a defendant in a pending criminal proceeding under charges for an offense that bears a direct relationship to the practice of radiologic technology, the department may withhold the final determination of eligibility for a license pending the outcome of the proceeding.

Effective Date: 
Wednesday, November 2, 2016
Doc Status: 
Complete

Section 89.12 - Issuance of a temporary permit

Section 89.12 Issuance of a temporary permit.

(a) A temporary permit is a document issued by the department that allows an individual who qualifies under section 3505 of the Public Health Law to practice radiologic technology pending an examination. The permit shall be in effect for 180 days from the date of issue. It shall expire 10 days after notification by an accrediting organization that the individual has failed to pass the qualifying examination. An individual with a temporary permit does not qualify for intravenous contrast administration certification.

(b) The department may issue a temporary permit to an applicant who has been discharged from active duty with the Armed Forces of the United States or has satisfactorily completed an accredited course of study located outside of the State of New York, within one year preceding the date of application, who otherwise qualifies for admission to examination and provides a copy of the examination admission letter from an approved accrediting organization.

Effective Date: 
Wednesday, February 25, 2009
Doc Status: 
Complete

Section 89.15 Repealed

Section 89.16 Repealed

Section 89.17 Repealed

Section 89.18 Repealed

Section 89.19 Repealed