HB 186: "An Act establishing the Radiologic Technology Board of Examiners; requiring licensure of occupations relating to radiologic technology, radiation therapy, and nuclear medicine technology; and providing for an effective date."
00 HOUSE BILL NO. 186 01 "An Act establishing the Radiologic Technology Board of Examiners; requiring 02 licensure of occupations relating to radiologic technology, radiation therapy, and 03 nuclear medicine technology; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08 is amended by adding a new chapter to read: 06 Chapter 89. Radiologic Technologists. 07 Article 1. Radiologic Technology Board of Examiners. 08 Sec. 08.89.010. Board established. (a) There is established the Radiologic 09 Technology Board of Examiners consisting of seven residents of the state who are 10 appointed by the governor as follows: 11 (1) three persons licensed with a full certificate under AS 08.89.120, at 12 least two of whom are fully licensed as radiologic technologists; 13 (2) one physician certified by the American Board of Radiology, 14 American Osteopathic Board of Radiology, British Royal College of Radiologists, or
01 Canadian College of Physicians and Surgeons; 02 (3) in addition to the person appointed under (2) of this subsection, one 03 physician, podiatrist, osteopath, or chiropractor; 04 (4) one person who is certified in radiological physics or one of the 05 subspecialties of radiological physics by the American Board of Radiology, American 06 Board of Medical Physics, American Board of Health Physics, American Board of 07 Science in Nuclear Medicine, or Canadian College of Physicists in Medicine; and 08 (5) one public member. 09 (b) The commissioner shall provide staff, logistic, budgetary, and other 10 support to the board, as appropriate, including the appointment of a person who is not 11 a member of the board to act as secretary for the board. 12 (c) The board shall meet at least twice a year. 13 Sec. 08.89.020. Duties of the board. The board shall 14 (1) authorize the issuance of full and limited certificates of licensure 15 and temporary permits under this chapter; 16 (2) establish continuing education requirements for the renewal of full 17 and limited certificates of licensure under this chapter; 18 (3) establish a code of ethics for persons licensed or holding permits 19 under this chapter; 20 (4) approve programs for the training of persons seeking or holding 21 full or limited certificates of licensure under this chapter. 22 Article 2. Licensing Requirements. 23 Sec. 08.89.100. Unlicensed practice prohibited. (a) Except as provided in 24 (b) of this section, a person may not knowingly 25 (1) use radioactive materials or equipment emitting radiation on a 26 human for diagnostic or therapeutic purposes without a license or permit issued under 27 this chapter that authorizes the person to do so; or 28 (2) employ another to use radioactive materials or equipment emitting 29 radiation on a human for diagnostic or therapeutic purposes unless the employee has 30 an appropriate license or permit issued under this chapter. 31 (b) The licensing or permit requirement in (a) of this section does not apply to
01 a person who is 02 (1) licensed under another provision of state law if the license 03 authorizes the person to use radioactive materials or equipment emitting radiation on a 04 human for diagnostic or therapeutic purposes; or 05 (2) a student enrolled in and attending a school or college of medicine, 06 osteopathy, chiropractic, podiatry, radiologic technology, radiation therapy, or nuclear 07 medicine, while, as part of course work in the school or college, the student uses 08 radioactive materials or equipment emitting radiation on humans under 09 (A) the supervision of a licensed practitioner; or 10 (B) the direct supervision of a person fully licensed under this 11 chapter as a radiologic technologist, radiation therapist, or nuclear medicine 12 technologist, as appropriate to the course. 13 (c) Violation of this section is a class A misdemeanor. 14 Sec. 08.89.110. Use of title prohibited. (a) Unless a person holds the 15 corresponding full or limited certificate of licensure or permit issued under this 16 chapter, a person may not use 17 (1) the title "radiologic technologist," "radiation therapist," "nuclear 18 medicine technologist," "limited radiologic imager," "temporary permitted radiologic 19 technologist," "temporary permitted radiation therapist," "temporary permitted nuclear 20 medicine technologist," or "temporary permitted limited radiologic imager"; 21 (2) an abbreviation that corresponds to a title listed in (1) of this 22 subsection; or 23 (3) another title, abbreviation, letters, figures, signs, or other devices 24 that would lead a reasonable person to believe that the person is licensed or permitted 25 under this chapter. 26 (b) Violation of this section is a class A misdemeanor. 27 Sec. 08.89.120. Qualifications for full certificate licensure. (a) In order to 28 receive a full certificate of licensure under this chapter, a person must apply to the 29 department in a manner that indicates whether the person is applying to practice as a 30 radiologic technologist, radiation therapist, or nuclear medicine technologist. In 31 addition, the person must
01 (1) be at least 18 years of age; 02 (2) have graduated from secondary school or have passed an approved 03 equivalency test; 04 (3) have graduated from a program approved by the board under 05 AS 08.89.130 in the area of practice for which the person seeks licensure; 06 (4) have met the examination requirement under AS 08.89.140 for the 07 area of practice for which the person seeks licensure; and 08 (5) pay the required fees. 09 (b) A full certificate shall specify the area of practice authorized under it. 10 (c) A person with a full certificate of licensure may practice in the authorized 11 area of practice only under the direction of a licensed practitioner. 12 Sec. 08.89.130. Program approval; full certificates. (a) The board shall 13 establish criteria and standards for educational programs within the state that train 14 persons to receive full certificates of licensure under this chapter and, upon application 15 by a program, approve or disapprove the program according to those criteria and 16 standards. 17 (b) The board may not approve a program under this section unless 18 (1) the program is affiliated with at least one hospital that provides a 19 clinical component for the program; 20 (2) the program's curriculum for each course of study in the areas of 21 practice licensed under AS 08.89.120 meets the standards approved by the Joint 22 Review Committee on Education in Radiologic Technology, the Joint Review 23 Committee on Educational Programs in Nuclear Medicine Technology, the United 24 States Department of Education, or another appropriate accreditation agency whose 25 standards are considered equivalent by the board; and 26 (3) a recognized national voluntary accrediting organization has 27 reviewed the program's application to the board. 28 Sec. 08.89.140. Examinations; full certificates. The examination 29 requirement under AS 08.89.120 may be met by meeting one of the following criteria: 30 (1) successfully passing an examination approved by the board in the 31 area of practice for which the full certificate of licensure is sought;
01 (2) proof of certification by the American Registry of Radiologic 02 Technologists, Nuclear Medicine Technology Certification Board, or another 03 recognized national voluntary credentialing body if the certification was issued on the 04 basis of passing an examination satisfactory to the board that covers the area of 05 practice for which a full certificate of licensure is sought; or 06 (3) proof of current licensure in the area of practice for which a full 07 certificate of licensure is sought by another jurisdiction with standards for licensure 08 considered by the board to be equivalent to the standards of this state. 09 Sec 08.89.150. Qualifications for limited radiologic imager. (a) In order to 10 be licensed as a limited radiologic imager, a person must 11 (1) be at least 18 years of age; 12 (2) have graduated from secondary school or have passed an approved 13 equivalency test; 14 (3) have graduated from a program approved by the board under 15 AS 08.89.160; 16 (4) have passed the exam approved by the board for limited radiologic 17 imager licensure; and 18 (5) pay the required fees. 19 (b) A limited radiologic imager 20 (1) may perform limited radiologic diagnostic imaging only in a 21 community with a population of 800 or less, according to the latest federal or state 22 census; 23 (2) may perform limited radiologic diagnostic imaging only under the 24 supervision of a fully licensed radiologic technologist or a licensed practitioner; 25 (3) may perform only radiography of the chest, abdomen, and axial- 26 appendicular skeleton; 27 (4) may not perform radiologic procedures involving the use of 28 contrast media, use of fluoroscopic equipment, mammography, tomography, magnetic 29 resonance imaging (MRI), bone densitometry using ionizing radiation, nuclear 30 medicine, radiation therapy, or computed tomography imaging (CT scan). 31 Sec. 08.89.160. Program approval for limited radiologic imager. (a) The
01 board shall establish criteria and standards for programs within the state that train 02 persons to be limited radiologic imagers and, upon application by a program, approve 03 or disapprove the program according to these criteria and standards. 04 (b) The board may not approve a program under this section unless the 05 program 06 (1) is at least four months in length; 07 (2) includes didactic instruction and clinical instruction in axial- 08 appendicular skeleton radiography, chest and abdomen radiography, equipment 09 maintenance and operation, radiation safety and protection, image production and 10 evaluation, radiographic anatomy and positioning procedures, and applicable federal 11 and state requirements relating to patient care and safety; in this paragraph, "clinical 12 instruction" means hands-on experience in a health facility setting, such as in a 13 hospital or clinic, under the supervision of a licensed practitioner or fully licensed 14 radiologic technologist. 15 Sec. 08.89.170. Temporary permit. (a) The board may grant a 16 nonrenewable temporary full permit or temporary limited permit to a person 17 authorizing practice in an area corresponding to the person's scope of radiology 18 training if the person 19 (1) has satisfactorily completed a program for that area approved under 20 AS 08.89.130 or 08.89.160; 21 (2) has taken an examination described under AS 08.89.140 or 22 08.89.150 for that area and the results are not yet available; 23 (3) applies for the temporary permit within one year after completing 24 the program approved under AS 08.89.130 or 08.89.160; and 25 (4) pays the appropriate fee. 26 (b) A temporary permit issued under this section must indicate the area of 27 practice authorized. The permit expires one year after completion of the program 28 described in (a)(1) of this section or upon receipt of the examination results referred to 29 in (a)(2) of this section, whichever is earlier. 30 (c) A person who holds a permit under this section is entitled to use the title 31 "temporary permitted radiologic technologist," "temporary permitted radiation
01 therapist," "temporary permitted nuclear medicine technologist," or "temporary 02 permitted limited radiologic imager." 03 Sec. 08.89.180. License renewal; continuing education. (a) The board may 04 not renew a license issued under this chapter unless the licensee pays the required fee 05 and submits evidence satisfactory to the board that the person has met the board's 06 continuing education requirements. 07 (b) a person who fails to renew a license before expiration and who, later, 08 desires to be re-licensed, is required to begin a new application for a license. 09 (c) The board shall require a minimum of 20 hours of approved continuing 10 education or training in radiology per biennium, at least 12 hours of which must be 11 approved as Category A credits by the American Registry of Radiologic 12 Technologists. 13 (d) A person with a full certificate of licensure who is licensed to practice in 14 more than one area of practice is not required to complete more continuing education 15 than a person with a full certificate of licensure who is licensed in only one area of 16 practice. However, the board, in its communications with persons who have a full 17 certificate of licensure in more than one area of practice, shall encourage those persons 18 to receive continuing education in all of the areas for which they are licensed. 19 (e) The board shall make available a list of continuing education sponsors 20 approved by the American Registry of Radiologic Technologists. 21 Sec. 08.89.190. License or permit to be kept on file. A person licensed or 22 holding a permit under this chapter shall keep on file at each place of the person's 23 employment the license or permit document issued under this chapter or a verified 24 copy of the license or permit document. 25 Sec. 08.89.200. Notification of address changes. A licensee or permittee 26 under this chapter shall notify the board in writing within 30 days after a name or 27 address change. 28 Sec. 08.89.210. Reapplication after revocation. A person whose license or 29 permit is revoked by the board for a reason other than nonpayment of fees may not 30 apply to be licensed under this chapter until 24 months have elapsed from the date of 31 revocation.
01 Sec. 08.89.220. Fees. The department shall set fees under AS 08.01.065 for 02 each of the following: 03 (1) application; 04 (2) examination; 05 (3) full certificate of licensure; 06 (4) limited certificate of licensure; 07 (5) temporary full permit; 08 (6) temporary limited permit; 09 (7) license renewal. 10 Article 3. Prohibitions; Penalties; Disciplinary Sanctions. 11 Sec. 08.89.300. Prescription required. (a) A person may not knowingly use 12 a radioactive substance or equipment for radiologic procedures on a human for 13 diagnostic or therapeutic purposes except as prescribed by a licensed practitioner. 14 (b) Violation of this section is a class A misdemeanor. 15 Sec. 08.89.310. Civil penalty for unlicensed practice. A person required to 16 be licensed or to have a permit under this chapter who engages or offers to engage in a 17 type of diagnostic radiologic imaging, radiation therapy, or nuclear medicine 18 technology for which the person is not licensed or for which the person does not hold 19 a permit may be fined up to $5,000 under the citation procedures of AS 08.01.102 - 20 08.01.104. 21 Sec. 08.89.320. Criminal penalty for certain fraudulent practices. A 22 person who knowingly obtains or attempts to obtain a license or permit under this 23 chapter by dishonest or fraudulent means or who knowingly forges, counterfeits, or 24 fraudulently alters a license or permit issued under this chapter is guilty of a class B 25 misdemeanor. 26 Sec. 08.89.330. Grounds for disciplinary sanctions. The board may take the 27 disciplinary actions authorized under AS 08.01.075 if the board finds that a person 28 licensed or holding a permit under this chapter 29 (1) used fraud or deceit in the procurement or holding of the license or 30 permit; 31 (2) has been convicted of a felony in a court of competent jurisdiction,
01 either within or outside of this state, unless the conviction has been reversed and the 02 licensee or permittee has been discharged or acquitted, or unless the licensee or 03 permittee has been pardoned with full restoration of civil rights, in which case the 04 license or permit shall be restored; 05 (3) is or has been afflicted with a medical problem, disability, or 06 addiction that, in the opinion of the board, impairs professional competence; 07 (4) has aided a person who is not licensed or permitted under this 08 chapter, or otherwise authorized to perform the duties of a licensee or permittee, to 09 perform diagnostic radiologic imaging, radiation therapy, or nuclear medicine 10 technology; 11 (5) has undertaken or engaged in a radiologic technology practice 12 beyond the scope of duties permitted under the person's license or permit; 13 (6) has, under an assumed name, impersonated a person licensed or 14 formerly licensed under this chapter or is performing duties of a fully certificated 15 licensee, a limited certificate licensee, or a person holding a permit; 16 (7) has violated the code of ethics established by the board; 17 (8) has interpreted a diagnostic image for a clinician, a patient, the 18 patient's family, or the public; 19 (9) is or has been incompetent or negligent in performance of the 20 licensee's or permittee's duties. 21 Article 4. General Provisions. 22 Sec. 08.89.900. Unified occupation for fee purposes. For purposes of 23 AS 08.01.065, all persons licensed or holding a permit under this chapter are 24 considered to be engaged in the same occupation. 25 Sec. 08.89.990. Definitions. In this chapter, 26 (1) "axial-appendicular skeleton" means the skull, including the 27 mandible, sinuses, and facial bones; spine, including cervical, thoracic, lumbar, 28 sacrum, and coccyx areas; pelvis; ribs; and upper and lower extremities; 29 (2) "board" means the Radiologic Technology Board of Examiners 30 established under AS 08.89.010; 31 (3) "contrast media" means an examination where contrast media is
01 introduced into a human body to define a part or parts not normally visualized on a 02 radiograph; 03 (4) "department" means the Department of Community and Economic 04 Development; 05 (5) "diagnostic radiologic imaging" means the making of film records 06 or digital records by passage of radiation through the body to act on specially 07 sensitized film or digital sensors; 08 (6) "direct supervision" means in the physical presence of a person 09 who assists, evaluates, and approves the performance of tasks; 10 (7) "knowingly" has the meaning given in AS 11.81.900(a); 11 (8) "licensed practitioner" means a physician, podiatrist, osteopath, or 12 chiropractor who is either licensed in this state or exempt from licensure under 13 AS 08.64.370(1) or (4); 14 (9) "nuclear medicine technologist" means a person who prepares, 15 calibrates, and administers radiopharmaceutical agents to humans for diagnostic or 16 therapeutic purposes; 17 (10) "radiation therapist" means a person who applies radiation to 18 humans for therapeutic purposes; 19 (11) "radiologic technologist" means a person who uses radiation on 20 humans for diagnostic purposes; 21 (12) "limited radiologic imager" means a person licensed under 22 AS 08.89.150 to perform diagnostic radiologic imaging within the limits specified in 23 AS 08.89.150(b). 24 * Sec. 2. AS 08.01.010 is amended by adding a new paragraph to read: 25 (38) Radiologic Technology Board of Examiners (AS 08.89.010). 26 * Sec. 3. AS 08.03.010(c) is amended by adding a new paragraph to read: 27 (22) Radiologic Technology Board of Examiners -- June 30, 2007. 28 * Sec. 4. AS 44.62.330(a) is amended by adding a new paragraph to read: 29 (60) Radiologic Technology Board of Examiners. 30 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 INITIAL BOARD MEMBERS. Notwithstanding AS 08.89.010, enacted by sec. 1 of 02 this Act, a member of the Radiologic Technology Board of Examiners who, under 03 AS 08.89.010, would be required to be licensed under AS 08.89 need not be licensed unless 04 the member serves on the board after June 30, 2005. 05 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 REGULATIONS. Notwithstanding secs. 7 and 8 of this Act, the Radiologic 08 Technology Board of Examiners may begin the process to adopt regulations to implement this 09 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act) but not 10 before the effective date of the statutes implemented by the regulations. 11 * Sec. 7. Except as provided by sec. 8 of this Act, this Act takes effect July 1, 2003. 12 * Sec. 8. AS 08.89.100 and 08.89.310, enacted by sec. 1 of this Act, take effect July 1, 13 2005.