HB 150: "An Act requiring licensure of occupations relating to radiologic technology, radiation therapy, and nuclear medicine technology; and providing for an effective date."
00 HOUSE BILL NO. 150 01 "An Act requiring licensure of occupations relating to radiologic technology, radiation 02 therapy, and nuclear medicine technology; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08 is amended by adding a new chapter to read: 05 Chapter 89. Radiologic Technologists. 06 Article 1. Licensing Requirements. 07 Sec. 08.89.100. Unlicensed practice prohibited. (a) Except as provided in 08 (b) of this section, a person may not knowingly 09 (1) use radioactive materials or equipment emitting radiation on a 10 human for diagnostic or therapeutic purposes without a license or permit issued under 11 this chapter that authorizes the person to do so; or 12 (2) employ another to use radioactive materials or equipment emitting 13 radiation on a human for diagnostic or therapeutic purposes unless the employee has 14 an appropriate license or permit issued under this chapter.
01 (b) The licensing or permit requirement in (a) of this section does not apply to 02 a person who is 03 (1) licensed under another provision of state law if the license 04 authorizes the person to use radioactive materials or equipment emitting radiation on a 05 human for diagnostic or therapeutic purposes; or 06 (2) a student enrolled in and attending a school or college of medicine, 07 osteopathy, chiropractic, podiatry, radiologic technology, radiation therapy, or nuclear 08 medicine, while, as part of course work in the school or college, the student uses 09 radioactive materials or equipment emitting radiation on humans under 10 (A) the direct supervision of a licensed practitioner; or 11 (B) the direct supervision of a person fully licensed under this 12 chapter as a radiologic technologist, radiation therapist, or nuclear medicine 13 technologist, as appropriate to the course. 14 (c) Violation of this section is a class A misdemeanor. 15 Sec. 08.89.110. Use of title prohibited. (a) Unless a person holds the 16 corresponding full or limited certificate of licensure or permit issued under this 17 chapter or proof of certification by the American Registry of Radiologic Technologists 18 or the Nuclear Medicine Technology Certification Board, a person may not use 19 (1) the title "radiologic technologist," "radiation therapist," "nuclear 20 medicine technologist," "limited radiologic imager," "temporary permitted radiologic 21 technologist," "temporary permitted radiation therapist," "temporary permitted nuclear 22 medicine technologist," or "temporary permitted limited radiologic imager"; 23 (2) an abbreviation that corresponds to a title listed in (1) of this 24 subsection; or 25 (3) another title, abbreviation, letters, figures, signs, or other devices 26 that would lead a reasonable person to believe that the person is licensed or permitted 27 under this chapter. 28 (b) Violation of this section is a class A misdemeanor. 29 Sec. 08.89.120. Qualifications for full certificate licensure. (a) In order to 30 receive a full certificate of licensure under this chapter, a person must apply to the 31 division in a manner that indicates whether the person is applying to practice as a
01 radiologic technologist, radiation therapist, or nuclear medicine technologist. In 02 addition, the person shall 03 (1) be at least 18 years of age; 04 (2) have graduated from secondary school or have passed an approved 05 equivalency test; 06 (3) have graduated from a program approved by the division under 07 AS 08.89.130 in the area of practice for which the person seeks licensure; 08 (4) have met the examination requirement under AS 08.89.140 for the 09 area of practice for which the person seeks licensure; and 10 (5) pay the required fees. 11 (b) A full certificate shall specify the area of practice authorized under it. 12 (c) A person with a full certificate of licensure may practice in the authorized 13 area of practice only under the direction of a licensed practitioner. 14 Sec. 08.89.130. Program approval; full certificates. (a) The division shall, 15 upon application by a program, evaluate an educational program that trains persons to 16 receive full certificates of licensure under this chapter and approve or disapprove the 17 program according to the criteria in (b) of this section. 18 (b) The division shall approve a program evaluated under this section only if 19 (1) the program is affiliated with at least one hospital that provides a 20 clinical component for the program that is considered to be adequate by the division; 21 (2) the program's curriculum for each course of study in the areas of 22 practice licensed under AS 08.89.120 meets the standards approved by the Joint 23 Review Committee on Education in Radiologic Technology, the Joint Review 24 Committee on Educational Programs in Nuclear Medicine Technology, the United 25 States Department of Education, or another appropriate accreditation agency whose 26 standards are considered equivalent by the division; and 27 (3) a recognized national voluntary accrediting organization has 28 reviewed the program's application to the division and submitted the review comments 29 to the division. 30 Sec. 08.89.140. Examinations; full certificates. The examination 31 requirement under AS 08.89.120 may be met by meeting one of the following criteria:
01 (1) successfully passing an examination approved by the division in 02 the area of practice for which the full certificate of licensure is sought; 03 (2) proof of certification by the American Registry of Radiologic 04 Technologists, Nuclear Medicine Technology Certification Board; or 05 (3) proof of current licensure in the area of practice for which a full 06 certificate of licensure is sought by another jurisdiction with standards for licensure 07 considered by the division to be equivalent to the standards of this state. 08 Sec. 08.89.150. Qualifications for limited radiologic imager. (a) In order 09 to be licensed as a limited radiologic imager, a person must 10 (1) be at least 18 years of age; 11 (2) have graduated from secondary school or have passed an approved 12 equivalency test; 13 (3) have graduated from a program approved by the division under 14 AS 08.89.160; 15 (4) have passed the exam approved by the division for limited 16 radiologic imager licensure; and 17 (5) pay the required fees. 18 (b) A limited radiologic imager 19 (1) may perform limited radiologic diagnostic imaging only under the 20 supervision of a fully licensed radiologic technologist or a licensed practitioner; 21 (2) may perform only radiography of the chest, abdomen, and axial- 22 appendicular skeleton; 23 (3) may not perform radiologic procedures involving the use of 24 contrast media, use of fluoroscopic equipment, mammography, tomography, magnetic 25 resonance imaging (MRI), bone densitometry using ionizing radiation, nuclear 26 medicine, radiation therapy, or computed tomography imaging (CT scan). 27 Sec. 08.89.160. Program approval for limited radiologic imager. (a) The 28 division shall, upon application by a program, evaluate a program that trains persons 29 to be limited radiologic imagers and approve or disapprove the program according to 30 the criteria in (b) of this section. 31 (b) The division shall approve a program evaluated under this section only if
01 the program includes didactic instruction and clinical instruction considered adequate 02 by the division in axial-appendicular skeleton radiography, chest and abdomen 03 radiography, equipment maintenance and operation, radiation safety and protection, 04 image production and evaluation, radiographic anatomy and positioning procedures, 05 and applicable federal and state requirements relating to patient care and safety; in this 06 subsection, "clinical instruction" means hands-on experience in a health facility 07 setting, such as in a hospital or clinic, under the direct supervision of a licensed 08 practitioner or fully licensed radiologic technologist. 09 Sec. 08.89.170. Temporary permit. (a) The division may issue a 10 nonrenewable temporary full permit or temporary limited permit to a person 11 authorizing practice in an area corresponding to the person's scope of radiology 12 training if the person 13 (1) has satisfactorily completed a program for that area approved under 14 AS 08.89.130 or 08.89.160; 15 (2) has taken an examination described under AS 08.89.140 or 16 08.89.150 for that area and the results are not yet available; 17 (3) applies for the temporary permit within one year after completing 18 the program approved under AS 08.89.130 or 08.89.160; and 19 (4) pays the appropriate fee. 20 (b) A temporary permit issued under this section must indicate the area of 21 practice authorized. Except as provided in (c) and (d) of this section, the permit 22 expires one year after completion of the program described in (a)(1) of this section or 23 upon receipt of the examination results referred to in (a)(2) of this section, whichever 24 is earlier. 25 (c) Notwithstanding (a) and (b) of this section, the division may issue a 26 temporary permit valid for two years to an applicant who pays a fee determined by the 27 division and who demonstrates to the satisfaction of the division that the applicant has 28 been performing limited scope radiologic diagnostic imaging under AS 08.89.150(b) 29 for three out of the five years preceding application. A two-year temporary permit 30 issued under this subsection qualifies the applicant for employment only as specified 31 in AS 08.89.150(b).
01 (d) Notwithstanding (a) - (c) of this section, if an applicant has provided proof 02 of certification by a recognized national credentialing body that covers the area of 03 practice for which a certificate of licensure is sought, the division may issue a 04 temporary permit valid for a period of one year to the applicant upon payment of a fee 05 determined by the division. 06 (e) A person who holds a permit under this section is entitled to use the title 07 "temporary permitted radiologic technologist," "temporary permitted radiation 08 therapist," "temporary permitted nuclear medicine technologist," or "temporary 09 permitted limited radiologic imager." 10 Sec. 08.89.180. License renewal; continuing education. (a) The division 11 may not renew a license issued under this chapter unless the licensee pays the required 12 fee and submits evidence satisfactory to the division that the person has met the 13 applicable continuing education requirements. 14 (b) The division shall require a minimum of 20 hours of approved continuing 15 education or training in radiology each biennium, at least 12 hours of which must be 16 approved as Category A credits by the American Registry of Radiologic 17 Technologists. 18 (c) A person with a full certificate of licensure who is licensed to practice in 19 more than one area of practice is not required to complete more continuing education 20 than a person with a full certificate of licensure who is licensed in only one area of 21 practice. However, the division, in its communications with persons who have a full 22 certificate of licensure in more than one area of practice, shall encourage those persons 23 to receive continuing education in all of the areas for which they are licensed. 24 (d) The division shall make available a list of continuing education sponsors 25 approved by the American Registry of Radiologic Technologists. 26 Sec. 08.89.190. License or permit to be kept on file. A person licensed or 27 holding a permit under this chapter shall keep on file at each place of the person's 28 employment the license or permit document issued under this chapter or a verified 29 copy of the license or permit document. 30 Sec. 08.89.200. Notification of address changes. A licensee or permittee 31 under this chapter shall notify the division in writing within 30 days after a name or
01 address change. 02 Sec. 08.89.210. Reapplication after revocation. A person whose license or 03 permit is revoked by the division for a reason other than nonpayment of fees may not 04 apply to be licensed under this chapter until 24 months have elapsed from the date of 05 revocation. 06 Sec. 08.89.220. Fees. The department shall set fees under AS 08.01.065 for 07 each of the following: 08 (1) application; 09 (2) examination; 10 (3) full certificate of licensure; 11 (4) limited certificate of licensure; 12 (5) temporary full permit; 13 (6) temporary limited permit; 14 (7) license renewal. 15 Article 2. Prohibitions; Penalties; Disciplinary Sanctions. 16 Sec. 08.89.300. Prescription required. (a) A person holding a license or 17 permit issued under this chapter may not knowingly use a radioactive substance or 18 equipment for radiologic procedures on a human for diagnostic or therapeutic 19 purposes except as prescribed by a licensed practitioner. 20 (b) Violation of this section is a class A misdemeanor. 21 Sec. 08.89.310. Civil penalty for unlicensed practice. A person required to 22 be licensed or to have a permit under this chapter who engages or offers to engage in a 23 type of diagnostic radiologic imaging, radiation therapy, or nuclear medicine 24 technology for which the person is not licensed or for which the person does not hold 25 a permit may be fined up to $5,000 under the citation procedures of AS 08.01.102 - 26 08.01.104. 27 Sec. 08.89.320. Criminal penalty for certain fraudulent practices. A 28 person who obtains or attempts to obtain a license or permit under this chapter by 29 dishonest or fraudulent means or who knowingly forges, counterfeits, or fraudulently 30 alters a license or permit issued under this chapter is guilty of a class B misdemeanor. 31 Sec. 08.89.330. Grounds for disciplinary sanctions or denial of license.
01 The division may impose a disciplinary sanction authorized under AS 08.89.340 on a 02 person licensed or holding a permit under this chapter or refuse to issue or renew a 03 license or permit if the division finds that the person 04 (1) used fraud or deceit in the procurement or holding of the license or 05 permit or in the application process for the license or permit; 06 (2) has been convicted of a felony in a court of competent jurisdiction, 07 either within or outside of this state, unless the conviction has been reversed and the 08 person has been discharged or acquitted, or unless the person has been pardoned with 09 full restoration of civil rights; 10 (3) is or has been afflicted with a medical problem, disability, or 11 addiction that, in the opinion of the division, impairs professional competence; 12 (4) has aided a person who is not licensed or permitted under this 13 chapter, or otherwise authorized to perform the duties of a licensee or permittee, to 14 perform diagnostic radiologic imaging, radiation therapy, or nuclear medicine 15 technology; 16 (5) has undertaken or engaged in a radiologic technology practice 17 beyond the scope of duties permitted by law; 18 (6) has, under an assumed name, impersonated a person licensed or 19 formerly licensed under this chapter or is performing duties of a fully certificated 20 licensee, a limited certificate licensee, or a person holding a permit; 21 (7) is a licensee or permittee under this chapter and has violated the 22 code of ethics established by the division; 23 (8) has interpreted a diagnostic image for a clinician, a patient, the 24 patient's family, or the public; 25 (9) is a licensee or permittee under this chapter and is or has been 26 incompetent or negligent in performance of the licensee's or permittee's duties. 27 Sec. 08.89.340. Disciplinary sanctions. (a) When it finds that a person 28 licensed or holding a permit under this chapter has committed an act listed in 29 AS 08.89.330, the division may impose the following sanctions singly or in 30 combination: 31 (1) permanently revoke a license to practice;
01 (2) suspend a license for a determinate period of time; 02 (3) censure a licensee; 03 (4) issue a letter of reprimand; 04 (5) place a licensee on probationary status and require the licensee to 05 (A) report regularly to the division on matters involving the 06 basis of probation; 07 (B) limit practice to those areas prescribed; 08 (C) continue professional education until a satisfactory degree 09 of skill has been attained in those areas determined by the division to need 10 improvement; 11 (6) impose limitations or conditions on the practice of a licensee. 12 (b) The division may withdraw a limitation, condition, or probationary status 13 if it finds that the deficiency that required the sanction has been remedied. 14 (c) The division may summarily suspend a license before final hearing or 15 during the appeals process if the division finds that the licensee poses a clear and 16 immediate danger to the public welfare and safety if the licensee continues to practice. 17 An individual whose license is suspended under this subsection is entitled to a hearing 18 by the division not later than seven days after the effective date of the order. The 19 individual may appeal the suspension after the hearing to the superior court. 20 (d) The division may reinstate a license that has been suspended or revoked if 21 the division finds after a hearing that the individual is able to practice with reasonable 22 skill and safety. 23 (e) One year after revocation of a license issued under this chapter, the 24 individual whose license was revoked may reapply for the license. The division may 25 require an examination for reinstatement. 26 Article 3. General Provisions. 27 Sec. 08.89.900. Unified occupation for fee purposes. For purposes of 28 AS 08.01.065, all persons licensed or holding a permit under this chapter are 29 considered to be engaged in the same occupation. 30 Sec. 08.89.990. Definitions. In this chapter, 31 (1) "axial-appendicular skeleton" means the skull, including the
01 mandible, sinuses, and facial bones; spine, including cervical, thoracic, lumbar, 02 sacrum, and coccyx areas; pelvis; ribs; and upper and lower extremities; 03 (2) "contrast media" means an examination where contrast media is 04 introduced into a human body to define a part or parts not normally visualized on a 05 radiograph; 06 (3) "department" means the Department of Commerce, Community, 07 and Economic Development; 08 (4) "diagnostic radiologic imaging" means the making of film records 09 or digital records by passage of radiation through the body to act on specially 10 sensitized film or digital sensors; 11 (5) "direct supervision" means in the physical presence of a person 12 who assists, evaluates, and approves the performance of tasks; 13 (6) "division" means the division of occupational licensing in the 14 Department of Commerce, Community, and Economic Development; 15 (7) "knowingly" has the meaning given in AS 11.81.900(a); 16 (8) "licensed practitioner" means a physician, physician assistant, 17 nurse practitioner, podiatrist, osteopath, dentist, or chiropractor who is either licensed 18 in this state or, if practicing as a physician, podiatrist, or osteopath, is exempt from 19 licensure under AS 08.64.370(1) or (4); 20 (9) "limited radiologic imager" means a person licensed under 21 AS 08.89.150 to perform diagnostic radiologic imaging within the limits specified in 22 AS 08.89.150(b); 23 (10) "nuclear medicine technologist" means a person who prepares, 24 calibrates, and administers radiopharmaceutical agents to humans for diagnostic or 25 therapeutic purposes; 26 (11) "radiation therapist" means a person who applies radiation to 27 humans for therapeutic purposes; 28 (12) "radiologic technologist" means a person who uses radiation on 29 humans for diagnostic purposes. 30 * Sec. 2. AS 44.64.030(a)(6) is amended to read: 31 (6) AS 08 (occupational licensing), other than AS 08.08, [AND]
01 AS 08.62.046, and AS 08.89.340(c); 02 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 REGULATIONS. Notwithstanding secs. 5 and 6 of this Act, the Department of 05 Commerce, Community, and Economic Development and the division of occupational 06 licensing, Department of Commerce, Community, and Economic Development, may begin 07 the process to adopt regulations to implement this Act. The regulations take effect under 08 AS 44.62 (Administrative Procedure Act) but not before the effective date of the statutes 09 implemented by the regulations. 10 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 REVISOR'S INSTRUCTIONS. The revisor of statutes shall reconcile sec. 2 of this 13 Act and sec. 82, ch. 163, SLA 2004, so that both provisions are given effect. 14 * Sec. 5. Except as provided by secs. 6 and 7 of this Act, this Act takes effect July 1, 2005. 15 * Sec. 6. AS 08.89.100 and 08.89.310, enacted by sec. 1 of this Act, take effect July 1, 16 2007. 17 * Sec. 7. Section 3 of this Act takes effect immediately under AS 01.10.070(c).