(a) As used in this Part, unless the context otherwise requires:

1. (1) Applicable regulations means this Part, and for persons and facilities located outside New York City, Part 16 of this Title and, for persons and facilities located in New York City, article 175 of the New York City Health Code.
2. (2) Accrediting organization means an organization accepted by the department as a reliable authority for the purpose of accrediting examinations, certifications, registrations or educational programs in the fields of radiography, radiation therapy, or nuclear medicine technology.
3. (3) Authorized person means a certified nurse practitioner or a duly licensed physician assistant working under the supervision of a physician.
4. (4) Reserved
5. (5) Department means the New York State Department of Health.
6. (6) Direct supervision means that a physician must be present in the section of the facility where the procedure is being performed and is not concurrently encumbered by responsibilities that would preclude the physician from responding to a request for assistance within a timeframe that poses no risk to the patient. The physician shall be immediately available to furnish assistance and direction throughout the performance of the procedure, and is professionally responsible for the performance of the procedure. It does not mean that the physician must be present in the room when the procedure is performed.
7. (7) Licensed practitioner means any person licensed or otherwise authorized under the State Education Law to practice medicine, dentistry, podiatry, or chiropractic.

8. (8) Negligence and/or incompetence in the practice of radiologic technology means any failure to adhere to generally accepted standards of such practice and includes, but is not limited to:

   1. (i) failure to exercise due regard for the safety or life or health of the patient;
   2. (ii) failure to perform radiologic tests, procedures or treatments as ordered;
   3. (iii) failure to comply with applicable regulations or the Public Health Law;
   4. (iv) failure to protect patients and other persons from unnecessary exposure to radiation, including failure to properly use protective devices such as mechanical patient restraints;
   5. (v) failure to wear an identification badge, as required by this Part; or
   6. (vi) abandonment or neglect of any patient in need of immediate medical attention without making reasonable arrangements to ensure that the patient receives such attention.
9. (9) Personal supervision means the physician must be in attendance in the room during the performance of the procedure.
10. (10) Sponsoring institution means a medical or educational organization that offers educational programs in the field of radiologic technology.
11. (11) Supervision means the oversight of a licensed radiologic technologist by a licensed practitioner acting within the limits specified in the law under which the practitioner is licensed.

12. (12) Unethical conduct is behavior that indicates unfitness to practice radiologic technology and includes, but is not limited to:

    1. (i) engaging in the practice of radiologic technology while in an intoxicated condition or under the influence of narcotic or other drug(s) that impair consciousness, judgment or behavior;
    2. (ii) immoral conduct while engaged in the practice of radiologic technology or immoral behavior indicating an unfitness to practice radiologic technology;
    3. (iii) willful falsification, destruction or theft of property or records relating to the practice of radiologic technology;
    4. (iv) unauthorized disclosure of information or records relating to a patient;
    5. (v) discrimination in the practice of radiologic technology against any person based on race, religion, creed, national origin, gender or sexual orientation;
    6. (vi) verbally or physically harassing, abusing or intimidating a patient or other person (including, but not limited to, sexual harassment or abuse) while on the premises of a health care facility or while practicing radiologic technology;
    7. (vii) failure to report in writing to the department of a felony conviction by any Federal or State court within 30 days of the conviction;
    8. (viii) failure to report in writing to the department of a conviction by any Federal or State court of a crime that is not a felony in the jurisdiction in which the conviction is had, but is substantially similar to a felony in the State of New York;
    9. (ix) directly or indirectly offering, giving or soliciting or receiving or agreeing to receive any fee or other consideration to or from a third party for the referral of a patient or client or in connection with the performance of professional services; or
    10. (x) being convicted of any crime consistent with the provisions of article 23-A of the Correction Law.
13. (13) The terms radiologic technologist, radiographer, radiation therapist, and nuclear medicine technologist mean an individual licensed and currently registered with the department pursuant to this Part.
14. (14) Authorized user means a physician authorized by a radioactive materials license issued under the applicable regulations to use radiopharmaceuticals for diagnostic studies and/or therapeutic treatments.