General Provisions

RCNY tit. 24, ch. New York City Health Code, tit. IV, pt. B, art. 175, pt. I

in effect

24 RCNY § 175.01 Applicability and Communications.

§ 175.01 Applicability and Communications. (a) Applicability. (1) Except as provided in subdivision (b) of this section, this Article applies to any person who sells, transfers, assembles, receives, produces, possesses, or uses any radiation source in New York City. (2) Part II of this Article (24 RCNY Health Code §§ 175.08 – 175.70) provides specific requirements for radiation equipment registrants and certified registrants. (3) Part III of this Article (24 RCNY Health Code §§ 175.100 – 175.108) provides specific requirements for radioactive materials licensees. (b) Inapplicability. (1) This Article does not apply to any person with respect to any radiation source subject to regulation, as provided for by law, by the New York State Departments of Health or Environmental Conservation. This exclusion does not apply to the use of such sources in places where the general public may be exposed; or to persons with respect to radiation sources used at industrial or commercial establishments for the application of radiation to human beings. (2) This Article does not apply to any common or contract carrier or any shipper operating within New York City to the extent that such carrier or shipper is subject to regulation as provided for by law by the U.S. Department of Transportation or other agencies of the United States or agencies of the State or City of New York, except for compliance with provisions relating to transportation of radioactive materials set forth in 24 RCNY Health Code § 175.106. (c) Communications. Except as otherwise provided for in this Article, or as authorized by the Department, all applications, notifications, reports or other communications required by this Article must be addressed to the Department at: NYC Department of Health and Mental Hygiene Office of Radiological Health 42-09 28th St, CN 60 Long Island City, New York 11101 (Added City Record 4/24/2019, eff. 5/24/2019)

24 RCNY § 175.02 Inspections and Fees.

§ 175.02 Inspections and Fees. (a) Inspections. (1) Any radiation installation subject to the licensure or registration requirements of this Code shall be inspected periodically to ensure compliance with the provisions of this Article and the maintenance of radiation exposures as far below the limits set forth in this Article as practicable. Inspections shall be made at a frequency determined by the Department in its rules. (2) Unless otherwise indicated, for newly-registered facilities, initial inspections shall be made at or near the time of the beginning of operation. (3) Inspections shall be made by the Department or, as the Department shall direct for dental and podiatric installations, by a Certified Radiation Equipment Safety Officer (CRESO) approved by the Department, to determine compliance with this Article and this Code. (i) CRESOs must furnish an inspection report to the operator of the installation, in a form prescribed by the Department and signed by the person who made the inspection, and provide a copy thereof to the Department. (ii) CRESOs must not charge or propose to charge a fee for an inspection above a fair and reasonable amount as determined by the New York State Department of Health. (4) Re-inspections or other appropriate follow-up activities will occur to ensure that any violation found during an inspection and not corrected at the end of such inspection is subsequently corrected. (b) Inspection fees. Notwithstanding any other provision of this Code, the Department is authorized to charge the following inspection fees pursuant to section 225 of the New York State Public Health Law and the regulations promulgated thereunder: (1) For radiation equipment facilities required to have quality assurance programs pursuant to 24 RCNY Health Code § 175.12, the following inspection fees apply, where examination means the conduct of an x-ray patient exam by radiographic or fluoroscopic or a CT unit regardless of the number of patient exposures or x-ray exposure time: (i) Hospital-inspected facilities: (A) Large hospital (more than 40 tubes) base fee: $1960.00 (B) Medium hospital (21-40 tubes) base fee: $1585.00 (C) Small hospital (1-20 tubes) base fee: $1290.00 (ii) Non-hospital facilities: (A) Large (more than 2500 examinations per year) facility base fee: $670.00 (B) Small (less than 2500 examinations per year) facility base fee: $375.00 (iii) For each tube inspected at facilities identified in (i) or (ii) above of this paragraph, the following inspection fees apply in addition to the base fee: (A) Radiographic: $120.00 (B) Fluoroscopic: $175.00 (C) Mammographic: $295.00 (D) Dental: $60.00 (E) All other: $60.00 (iv) For radiation equipment facilities not required to have quality assurance programs pursuant to 24 RCNY Health Code § 175.12, the following inspection fees apply: (A) First tube: $170.00 (B) Each additional tube: $60.00 (2) For linear accelerator facilities, the following is the base fee: $715.00 (3) For facilities licensed to possess and use radioactive materials, the following inspection fees apply: (i) Specific licenses authorizing teletherapy or gamma stereotactic radiosurgery, the following is the base fee: $320.00 (ii) Specific licenses of limited scope authorizing medical use (except for teletherapy or gamma stereotactic radiosurgery) (A) Base fee: $610.00 (B) Per site fee: $140.00 (iii) Specific licenses of limited scope authorizing non-human use (A) Base fee: $385.00 (B) Per site fee: $160.00 (iv) Specific licenses of broad scope authorizing medical use (except for teletherapy or gamma stereotactic radiosurgery) (A) Base fee: $3515.00 (B) Per site fee: $140.00 (v) Specific license of broad scope authorizing research and development (non-human use) (A) Base fee: $2450.00 (B) Per site fee: $160.00 (c) Due date for inspection fees. Payment for inspection fees is due and payable 30 days after the billing date. Failure to pay any inspection fee may result in the suspension or revocation of a registration, certified registration or radioactive materials license. (Added City Record 4/24/2019, eff. 5/24/2019)

24 RCNY § 175.03 Professional Practitioners and Related Provisions.

§ 175.03 Professional Practitioners and Related Provisions. (a) Nothing in this Article shall limit any human use of radiation in diagnostic and therapeutic procedures, provided that with respect to human use of radioactive materials, such use is in accordance with a specific license or registration issued pursuant to this Article, or an exemption therefrom, or under a license issued by the New York State Department of Health or the United States Nuclear Regulatory Commission or an Agreement State. (b) Each professional practitioner who treats or diagnoses any alleged or proven case of radiation illness or radiation injury to any individual, except that which can be expected in the normal course of radiation therapy and interventional fluoroscopic exams, must report to the Department in writing within 7 days of such treatment or diagnosis, the fact thereof and the full name, address, patient ID number, and age of such individual diagnosed or treated. (c) No person other than a professional practitioner acting within the scope of their practice shall direct or order the application of radiation to a human being; nor shall any person other than a professional practitioner or a person working under the direction, order, or direct supervision of a professional practitioner apply radiation to a human being. Such direction, order to apply, application of, or administration of radiation must be within the lawful scope of, and in the course of, the practitioner's professional practice and must comply with the provisions of the license or other authorization of the professional practitioner under the New York State Education Law, or any applicable successor law and all regulations pertinent thereto, including, but not limited to provisions as to those parts of the human body and those persons which the professional practitioner may diagnose, analyze or treat or to which she may direct or order the application of, or apply, radiation, and provisions as to the type of radiation which the professional practitioner may use and the purpose for which the professional practitioner may use it. (d) A professional practitioner shall be responsible for the supervision of any radiation employee who administers radiation to human beings to assure that each exposure is given consistent with expected medical benefit and in accordance with applicable standards or requirements relating to the practice for which such professional practitioner is licensed. (e) A professional medical physicist shall be responsible for complying with the requirements of Article 166 of the New York State Education Law and applicable regulations, including Subpart 79-8 of Part 79 of Title 8 of the New York Codes, Rules and Regulations, or any applicable successor law or regulation. (f) A licensed radiologic technologist must comply with applicable provisions of Article 35 of the New York State Public Health Law and Part 89 of Title 10 of the New York Codes, Rules and Regulations in order to provide services under this Article, including compliance with licensure requirements and the limitations, (if any, established by the New York State Department of Health, Bureau of Radiologic Technology) under which radiologic technologists and other persons, other than professional practitioners, may apply x-rays to human beings and all regulations pertinent thereto so as to assure maximum medical benefit with minimum radiation exposure. (Added City Record 4/24/2019, eff. 5/24/2019)

24 RCNY § 175.04 Prohibited Uses and Activities.

§ 175.04 Prohibited Uses and Activities. (a) Prohibited uses. The following are prohibited uses of radiation equipment: (1) Hand-held fluoroscopic screens. (2) Shoe-fitting fluoroscopic devices. (3) Intraoral fluoroscopy in dental examinations. (4) Photofluorographic equipment. (5) Equipment employing bare overhead or uninsulated conductors. (6) Non-image intensified fluoroscopes. (7) Capacity energy storage equipment used to image humans, effective July 1, 2021. (8) Intraoral dental x-ray machines operated at less than a measured 51 kVp effective July 1, 2021 (b) Prohibited activities. (1) No person shall operate x-ray equipment such that the useful beam is applied to human beings unless such individual is a professional practitioner or is otherwise authorized to operate x-ray equipment pursuant to state law. (2) The sale, lease, transfer or loan of x-ray or fluoroscopic equipment or related supplies is prohibited, except to persons engaged in an occupation where such use is permitted or to institutions where such use is permitted. However, this restriction shall not apply to persons intending to use x-ray or fluoroscopic equipment and supplies solely for the application of radiation to other than human beings, nor to the acquisition of such equipment or supplies by wholesalers, distributors or retailers in the regular course of their trade or business. (3) No person shall sell, lease, transfer, lend or install any radiation-producing equipment, or related supplies, unless such supplies or equipment when properly placed into operation or properly used will meet the requirements of this Article. A person who undertakes to repair such equipment must do so such that when it is placed in operation or properly used after the repair, the equipment will meet all applicable standards, including the requirements of this Article, for radiation protection and safety generally. (c) On or before July 1, 2022, portable or mobile x-ray equipment must only be used for examinations where it is impractical to transfer the patient to a stationary x-ray installation. Facilities are prohibited from using portable or mobile x-ray units in routine clinical x-ray exams; however, this shall not prohibit hospitals from using portable or mobile x-ray units in clinical exams in emergency room and trauma center locations and for in-house patients that are not ambulatory. Additionally, this shall not prohibit mobile or portable x-ray units in patient homes or long term health care facilities. (Added City Record 4/24/2019, eff. 5/24/2019)

24 RCNY § 175.05 Vacating Premises.

§ 175.05 Vacating Premises. No less than 30 days before vacating or relinquishing possession or control of premises which may have been contaminated with radioactive material as a result of their activities, each licensee or registrant must notify the Department in writing of their intent to vacate. When deemed necessary by the Department, the licensee or registrant must decontaminate the premises in such a manner as the Department may specify. Registrants must notify the Department of the disposition of the previously-registered equipment. (Added City Record 4/24/2019, eff. 5/24/2019)

24 RCNY § 175.06 Modification by Department.

§ 175.06 Modification by Department. When the Department determines that the strict application of any provision of this Article presents practical difficulties, the Commissioner or their designee may, in a specific instance, modify the application of such provision consistent with the general purpose of this article and upon such condition(s) the Department deems necessary to protect life and health. Failure to comply with the terms of a modification may render such modification null and void and result in enforcement by the Department. The denial of a request for modification by the Commissioner shall be deemed a final agency determination. (Added City Record 4/24/2019, eff. 5/24/2019; amended City Record 6/13/2025, eff. 7/13/2025)

24 RCNY § 175.07 Enforcement.

§ 175.07 Enforcement. Notwithstanding anything to the contrary in this Code, the Department may: (a) by rule, regulation, order, license condition or registration condition, or otherwise as appropriate, impose requirements upon any person subject to this Article, in addition to those expressly set forth in this Article, as it deems appropriate or necessary to protect the public health and safety and to minimize danger to life or property from radiation hazards; (b) amend, suspend or revoke any license, registration or certified registration issued pursuant to this Article when it finds that any person holding such license, registration or certified registration is not in compliance with this Article, or other applicable laws, rules or regulations; (c) by order, require the removal through an authorized person, or the surrender to the Department, of any radiation source by any person who: (1) does not hold, or continue to hold, a valid license, registration or certified registration issued by the Department; or (2) is not able or equipped, or who fails to observe with regard to such radiation source those radiation protection requirements of this Article, or who uses such radiation source in violation of this Article, Department order, or other applicable law, rule or regulation, or as set forth in a license, registration or certified registration issued by the Department. Upon such an order, such person shall be required to decontaminate any premises which may have been contaminated with radioactive material as a result of licensed or registered activities to radiation levels specified by the Department. Any expenses incidental to the transfer, surrender and decontamination shall be borne by the person responsible for the source. (d) Except where the protection of the public health requires immediate action, no Department actions described in subdivisions (b) and (c) of this section shall take effect until the person so affected is given reasonable notice and an opportunity to be heard by the Department. (Added City Record 4/24/2019, eff. 5/24/2019)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-48442Fetched: 10/24/2026