CSHB 150(FIN): "An Act requiring licensure of occupations relating to radiologic technology, radiation therapy, and nuclear medicine technology; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 150(FIN) 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 08.01.010 is amended by adding a new paragraph to read: 05 (39) regulation of radiographers under AS 08.89. 06 * Sec. 2. AS 08 is amended by adding a new chapter to read: 07 Chapter 89. Radiographers. 08 Article 1. Licensing Requirements. 09 Sec. 08.89.100. Unlicensed practice prohibited. (a) Except as provided in (b) 10 of this section, a person may not knowingly 11 (1) use radioactive materials or equipment emitting radiation on a 12 human for diagnostic or therapeutic purposes without a license or permit issued under 13 this chapter that authorizes the person to do so; or 14 (2) employ another to use radioactive materials or equipment emitting
01 radiation on a human for diagnostic or therapeutic purposes unless the employee has 02 an appropriate license or permit issued under this chapter. 03 (b) The licensing or permit requirement in (a) of this section does not apply to 04 a person who is 05 (1) a licensed practitioner; 06 (2) a dental assistant who uses equipment emitting radiation on 07 humans under the supervision of a licensed practitioner; 08 (3) licensed under another provision of state law if the license 09 authorizes the person to use radioactive materials or equipment emitting radiation on a 10 human for diagnostic or therapeutic purposes; 11 (4) a student enrolled in and attending a school or college of medicine, 12 osteopathy, dentistry, dental hygiene, chiropractic, podiatry, radiologic technology, 13 radiation therapy, or nuclear medicine, while, as part of course work in the school or 14 college, the student uses radioactive materials or equipment emitting radiation on 15 humans under 16 (A) the direct supervision of a licensed practitioner; or 17 (B) the direct supervision of a person fully licensed under this 18 chapter as a radiographer, radiation therapist, or nuclear medicine technologist, 19 as appropriate to the course; 20 (5) in the regular medical service of the armed services of the United 21 States or the United States Public Health Service while in the discharge of the person's 22 official duties; or 23 (6) in the regular medical service of the United States Public Health 24 Service or the armed services of the United States volunteering services without pay or 25 other remuneration to a hospital, clinic, medical office, or other medical facility in the 26 state. 27 (c) In this section, "under the direct supervision" includes the amount of 28 supervision needed to ensure that an examination or test conducted is performed safely 29 and appropriately. 30 (d) Violation of this section is a class A misdemeanor. 31 Sec. 08.89.110. Use of title prohibited. (a) Unless a person holds the
01 corresponding full or limited certificate of licensure or permit issued under this 02 chapter or proof of certification by the American Registry of Radiologic Technologists 03 or the Nuclear Medicine Technology Certification Board, a person may not use 04 (1) the title "radiographer," "radiation therapist," "nuclear medicine 05 technologist," "limited radiologic imager," "temporary permitted radiographer," 06 "temporary permitted radiation therapist," "temporary permitted nuclear medicine 07 technologist," or "temporary permitted limited radiologic imager"; 08 (2) an abbreviation that corresponds to a title listed in (1) of this 09 subsection; or 10 (3) another title, abbreviation, letters, figures, signs, or other devices 11 that would lead a reasonable person to believe that the person is licensed or permitted 12 under this chapter. 13 (b) Violation of this section is a class A misdemeanor. 14 Sec. 08.89.120. Qualifications for full certificate licensure. (a) In order to 15 receive a full certificate of licensure under this chapter, a person must apply to the 16 department in a manner that indicates whether the person is applying to practice as a 17 radiographer, radiation therapist, or nuclear medicine technologist. In addition, the 18 person shall 19 (1) be at least 18 years of age; 20 (2) have graduated from secondary school or have passed an approved 21 equivalency test; 22 (3) have graduated from a program approved by the department under 23 AS 08.89.130 in the area of practice for which the person seeks licensure; 24 (4) have met the examination requirement under AS 08.89.140 for the 25 area of practice for which the person seeks licensure; and 26 (5) pay the required fees. 27 (b) A full certificate shall specify the area of practice authorized under it. 28 (c) A person with a full certificate of licensure may practice in the authorized 29 area of practice only under the direction of a licensed practitioner. 30 Sec. 08.89.130. Program approval; full certificates. (a) The department 31 shall, upon application by a program, evaluate an educational program that trains
01 persons to receive full certificates of licensure under this chapter and approve or 02 disapprove the program according to the criteria in (b) of this section. 03 (b) The department shall approve a program evaluated under this section only 04 if 05 (1) the program is affiliated with at least one hospital that provides a 06 clinical component for the program that is considered to be adequate by the 07 department; 08 (2) the program's curriculum for each course of study in the areas of 09 practice licensed under AS 08.89.120 meets the standards approved by the Joint 10 Review Committee on Education in Radiologic Technology, the Joint Review 11 Committee on Educational Programs in Nuclear Medicine Technology, the United 12 States Department of Education, or another appropriate accreditation agency whose 13 standards are considered equivalent by the department; and 14 (3) a recognized national voluntary accrediting organization has 15 reviewed the program's application to the department and submitted the review 16 comments to the department. 17 Sec. 08.89.140. Examinations; full certificates. The examination requirement 18 under AS 08.89.120 may be met by meeting one of the following criteria: 19 (1) successfully passing an examination approved by the department in 20 the area of practice for which the full certificate of licensure is sought; 21 (2) proof of current certification by the American Registry of 22 Radiologic Technologists, Nuclear Medicine Technology Certification Board; or 23 (3) proof of current licensure in the area of practice for which a full 24 certificate of licensure is sought by another jurisdiction with standards for licensure 25 considered by the department to be equivalent to the standards of this state. 26 Sec. 08.89.150. Qualifications for limited radiologic imager. (a) In order to 27 be licensed as a limited radiologic imager, a person must 28 (1) be at least 18 years of age; 29 (2) have graduated from secondary school or have passed an approved 30 equivalency test; 31 (3) have graduated from a program approved by the department under
01 AS 08.89.160 or have not less than two years of clinical experience in limited 02 diagnostic radiologic imaging under the supervision of a fully licensed radiographer or 03 a licensed practitioner; 04 (4) have passed the exam approved by the department for limited 05 radiologic imager licensure; and 06 (5) pay the required fees. 07 (b) A limited radiologic imager 08 (1) may perform limited radiologic diagnostic imaging only under the 09 supervision of a fully licensed radiographer or a licensed practitioner; 10 (2) may perform only radiography of the chest, abdomen, and axial- 11 appendicular skeleton; 12 (3) may not perform radiologic procedures involving the use of 13 contrast media, use of fluoroscopic equipment, mammography, tomography, magnetic 14 resonance imaging (MRI), bone densitometry using ionizing radiation, nuclear 15 medicine, radiation therapy, or computed tomography imaging (CT scan). 16 Sec. 08.89.160. Program approval for limited radiologic imager. (a) The 17 department shall, upon application by a program, evaluate a program that trains 18 persons to be limited radiologic imagers and approve or disapprove the program 19 according to the criteria in (b) of this section. 20 (b) The department shall approve a program evaluated under this section if the 21 program includes didactic instruction and clinical instruction considered adequate by 22 the department in axial-appendicular skeleton radiography, chest and abdomen 23 radiography, equipment maintenance and operation, radiation safety and protection, 24 image production and evaluation, radiographic anatomy and positioning procedures, 25 and applicable federal and state requirements relating to patient care and safety or if 26 the program is instructed by and under the supervision of a fully licensed radiographer 27 or licensed practitioner and sponsored by a medical facility, as defined in 28 AS 18.26.900; in this subsection, "clinical instruction" means hands-on experience in 29 a health facility setting, such as in a hospital or clinic, under the supervision of a 30 licensed practitioner or fully licensed radiographer. 31 Sec. 08.89.165. Examination; limited radiologic imagers. (a) The
01 department shall provide for an examination for qualification for licensure of a limited 02 radiologic imager under AS 08.89.150. The examination must be offered at regular 03 intervals to provide maximum access and sufficient opportunity for interested 04 applicants. 05 (b) The examination provided under this section must be based in whole or in 06 part on a limited scope of practice in radiography examination designed by the 07 American Registry of Radiologic Technologists, and shall be designed by the 08 department in consultation with the Department of Health and Social Services, the 09 state Medical Board, the Alaska Society of Radiologic Technologists, and at least one 10 member of the American College of Radiology who resides in the state. 11 (c) A passing score on an examination taken under this section is 75 percent as 12 a general average rating. 13 Sec. 08.89.170. Temporary permit. (a) The department may issue a 14 nonrenewable temporary 15 (1) limited permit to a person authorizing practice in an area 16 corresponding to the person's scope of radiology training if the person pays the 17 appropriate fee and 18 (A) is enrolled in a program for that area approved under 19 AS 08.89.160; or 20 (B) demonstrates to the satisfaction of the department that the 21 applicant has performed limited scope radiologic diagnostic imaging as 22 described under AS 08.89.150(b) for at least two years before July 1, 2008; or 23 (2) full permit to a person authorizing practice in an area 24 corresponding to the person's scope of radiology training if the person 25 (A) has taken an examination described under AS 08.89.140 or 26 08.89.150 for that area and the results are not yet available; 27 (B) applies for the temporary permit within one year after 28 completing a program approved under AS 08.89.130; and 29 (C) pays the appropriate fee. 30 (b) A temporary permit issued under this section must indicate the area of 31 practice authorized. Except as provided in (c) of this section, the permit expires two
01 years after the date of issuance of the permit. 02 (c) Notwithstanding (a) and (b) of this section, if an applicant has provided 03 proof of certification by a recognized national credentialing body that covers the area 04 of practice for which a certificate of licensure is sought, the department may issue a 05 nonrenewable temporary permit valid for a period of one year to the applicant upon 06 payment of a fee determined by the department. 07 (d) A person who holds a permit under this section is entitled to use the title 08 "temporary permitted radiographer," "temporary permitted radiation therapist," 09 "temporary permitted nuclear medicine technologist," or "temporary permitted limited 10 radiologic imager." 11 Sec. 08.89.180. License renewal; continuing education. (a) The department 12 may not renew a full certificate of licensure issued under this chapter unless the 13 licensee pays the required fee and submits evidence satisfactory to the department that 14 the person has met the applicable continuing education requirements as determined by 15 the department. 16 (b) A person with a full certificate of licensure who is licensed to practice in 17 more than one area of practice is not required to complete more continuing education 18 than a person with a full certificate of licensure who is licensed in only one area of 19 practice. However, the department, in its communications with persons who have a 20 full certificate of licensure in more than one area of practice, shall encourage those 21 persons to receive continuing education in all of the areas for which they are licensed. 22 (c) The department may not renew a limited radiological imager license issued 23 under this chapter unless the licensee pays the required fee and submits evidence 24 satisfactory to the department that the person has met the applicable continuing 25 competency requirements as determined by the department. 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 department 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 department for a reason other than nonpayment of fees may 04 not apply to be licensed under this chapter until one year has elapsed from the date of 05 revocation. The department may require an examination for reinstatement. 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 (8) adding an area of practice to an existing license; 16 (9) program approval under AS 08.89.130. 17 Article 2. Prohibitions; Penalties; Disciplinary Sanctions. 18 Sec. 08.89.300. Prescription required. (a) A person holding a license or 19 permit issued under this chapter may not knowingly use a radioactive substance or 20 equipment for radiologic procedures on a human for diagnostic or therapeutic 21 purposes except as prescribed by a licensed practitioner. 22 (b) Violation of this section is a class A misdemeanor. 23 Sec. 08.89.310. Civil penalty for unlicensed practice. A person required to 24 be licensed or to have a permit under this chapter who engages or offers to engage in a 25 type of diagnostic radiologic imaging, radiation therapy, or nuclear medicine 26 technology for which the person is not licensed or for which the person does not hold 27 a permit may be fined up to $5,000 under the citation procedures of AS 08.01.102 - 28 08.01.104. 29 Sec. 08.89.320. Criminal penalty for certain fraudulent practices. A person 30 who obtains or attempts to obtain a license or permit under this chapter by dishonest or 31 fraudulent means or who knowingly forges, counterfeits, or fraudulently alters a
01 license or permit issued under this chapter is guilty of a class B misdemeanor. 02 Sec. 08.89.330. Grounds for disciplinary sanctions or denial of license. The 03 department may impose a disciplinary sanction authorized under AS 08.89.340 on a 04 person licensed or holding a permit under this chapter or refuse to issue or renew a 05 license or permit if the department finds that the person 06 (1) used fraud or deceit in the procurement or holding of the license or 07 permit or in the application process for the license or permit; 08 (2) has been convicted of a felony in a court of competent jurisdiction, 09 either within or outside of this state, unless the conviction has been reversed and the 10 person has been discharged or acquitted, or unless the person has been pardoned with 11 full restoration of civil rights; 12 (3) is or has been afflicted with a medical problem, disability, or 13 addiction that, in the opinion of the department, impairs professional competence; 14 (4) has aided a person who is not licensed or permitted under this 15 chapter, or otherwise authorized to perform the duties of a licensee or permittee, to 16 perform diagnostic radiologic imaging, radiation therapy, or nuclear medicine 17 technology; 18 (5) has undertaken or engaged in a radiologic technology practice 19 beyond the scope of duties permitted by law; 20 (6) has, under an assumed name, impersonated a person licensed or 21 formerly licensed under this chapter or is performing duties of a fully certificated 22 licensee, a limited certificate licensee, or a person holding a permit; 23 (7) is a licensee or permittee under this chapter and has violated the 24 code of ethics established by the department; 25 (8) has interpreted a diagnostic image for a clinician, a patient, the 26 patient's family, or the public; 27 (9) is a licensee or permittee under this chapter and is or has been 28 incompetent or negligent in performance of the licensee's or permittee's duties. 29 Sec. 08.89.340. Disciplinary sanctions. (a) When it finds that a person 30 licensed or holding a permit under this chapter has committed an act listed in 31 AS 08.89.330, the department may impose the following sanctions singly or in
01 combination: 02 (1) permanently revoke a license to practice; 03 (2) suspend a license for a determinate period of time; 04 (3) censure a licensee; 05 (4) issue a letter of reprimand; 06 (5) place a licensee on probationary status and require the licensee to 07 (A) report regularly to the department on matters involving the 08 basis of probation; 09 (B) limit practice to those areas prescribed; 10 (C) continue professional education until a satisfactory degree 11 of skill has been attained in those areas determined by the department to need 12 improvement; 13 (6) impose limitations or conditions on the practice of a licensee. 14 (b) The department may withdraw a limitation, condition, or probationary 15 status if it finds that the deficiency that required the sanction has been remedied. 16 (c) The department may summarily suspend a license before final hearing or 17 during the appeals process if the department finds that the licensee poses a clear and 18 immediate danger to the public welfare and safety. A person is entitled to a hearing 19 conducted by the office of administrative hearings under AS 44.64.010 within seven 20 days after the suspension order is issued. A person may appeal an adverse decision 21 after hearing to the superior court. 22 (d) The department may reinstate a license that has been suspended or revoked 23 if the department finds after a hearing that the person is able to practice with 24 reasonable skill and safety. 25 Article 3. General Provisions. 26 Sec. 08.89.900. Unified occupation for fee purposes. For purposes of 27 AS 08.01.065, all persons licensed or holding a permit under this chapter are 28 considered to be engaged in the same occupation. 29 Sec. 08.89.910. Regulations. The department shall adopt regulations necessary 30 to implement this chapter. 31 Sec. 08.89.990. Definitions. In this chapter,
01 (1) "axial-appendicular skeleton" means the skull, including the 02 mandible, sinuses, and facial bones; spine, including cervical, thoracic, lumbar, 03 sacrum, and coccyx areas; pelvis; ribs; and upper and lower extremities; 04 (2) "contrast media" means an examination where contrast media is 05 introduced into a human body to define a part or parts not normally visualized on a 06 radiograph; 07 (3) "department" means the Department of Commerce, Community, 08 and Economic Development; 09 (4) "diagnostic radiologic imaging" means the making of film records 10 or digital records by passage of radiation through the body to act on specially 11 sensitized film or digital sensors; 12 (5) "direct supervision" means in the physical presence of a person 13 who assists, evaluates, and approves the performance of tasks; 14 (6) "knowingly" has the meaning given in AS 11.81.900(a); 15 (7) "licensed practitioner" means a physician, physician assistant, 16 nurse practitioner, podiatrist, osteopath, dentist, or chiropractor who is either licensed 17 in this state or, if practicing as a physician, podiatrist, or osteopath, is exempt from 18 licensure under AS 08.64.370(1) or (4); 19 (8) "limited radiologic imager" means a person licensed under 20 AS 08.89.150 to perform diagnostic radiologic imaging within the limits specified in 21 AS 08.89.150(b); 22 (9) "nuclear medicine technologist" means a person who prepares, 23 calibrates, and administers radiopharmaceutical agents to humans for diagnostic or 24 therapeutic purposes; 25 (10) "radiation therapist" means a person who applies radiation to 26 humans for therapeutic purposes; 27 (11) "radiographer" means a person who uses radiation on humans for 28 diagnostic purposes. 29 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 REGULATIONS. The Department of Commerce, Community, and Economic
01 Development may begin the process to adopt regulations to implement this Act. The 02 regulations take effect under AS 44.62 (Administrative Procedure Act) but not before the 03 effective date of the statutes implemented by the regulations. 04 * Sec. 4. Except as provided in secs. 5 and 6 of this Act, this Act takes effect July 1, 2006. 05 * Sec. 5. AS 08.89.100 and 08.89.310, enacted by sec. 2 of this Act, take effect July 1, 06 2008. 07 * Sec. 6. Section 3 of this Act takes effect immediately under AS 01.10.070(c).