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HB 89: "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. 89                                                                          
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                 (42)  regulation of radiologic technologists under AS 08.89.                                            
06    * Sec. 2. AS 08 is amended by adding a new chapter to read:                                                        
07                    Chapter 89. Radiologic Technologists.                                                              
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, if the practitioner certifies to the department                           
06       on a form prepared by the department that the practitioner has obtained education or                              
07       training to ensure the examination or test is performed safely;                                                   
08                 (2)  a dental assistant who uses equipment emitting radiation on                                        
09       humans under the direct supervision of a licensed practitioner;                                                   
10 (3)  licensed under another provision of state law if the license                                                       
11 authorizes the person to use radioactive materials or equipment emitting radiation on a                                 
12       human for diagnostic or therapeutic purposes;                                                                     
13 (4)  a student enrolled in and attending a school or college of medicine,                                               
14 osteopathy, dentistry, dental hygiene, chiropractic, podiatry, radiologic technology,                                   
15 radiation therapy, or nuclear medicine, while, as part of course work in the school or                                  
16 college, the student uses radioactive materials or equipment emitting radiation on                                      
17       humans under the direct supervision of a                                                                          
18                      (A)  licensed practitioner; or                                                                     
19 (B)  person licensed under this chapter as a radiologic                                                                 
20 technologist, radiation therapist, or nuclear medicine technologist, as                                                 
21            appropriate to the course;                                                                                   
22 (5)  in the regular medical service of the armed services of the United                                                 
23 States or the United States Public Health Service while in the discharge of the person's                                
24       official duties; or                                                                                               
25 (6)  in the regular medical service of the armed services of the United                                                 
26 States or the United States Public Health Service volunteering services without pay or                                  
27 other remuneration to a hospital, clinic, medical office, or other medical facility in the                              
28       state.                                                                                                            
29 (c)  In this section, "under the direct supervision" includes the amount of                                             
30 supervision needed to ensure that an examination or test conducted is performed safely                                  
31       and appropriately.                                                                                                
01            (d)  Violation of this section is a class A misdemeanor.                                                     
02 Sec. 08.89.110. Use of title prohibited. (a) Unless a person holds the                                                
03 corresponding license, limited license, or permit issued under this chapter or proof of                                 
04 certification by the American Registry of Radiologic Technologists or the Nuclear                                       
05       Medicine Technology Certification Board, a person may not use                                                     
06 (1)  the title "radiologic technologist," "radiation therapist," "nuclear                                               
07 medicine technologist," "limited radiologic imager," "temporary permitted radiologic                                    
08 technologist," "temporary permitted radiation therapist," "temporary permitted nuclear                                  
09       medicine technologist," or "temporary permitted limited radiologic imager";                                       
10 (2)  an abbreviation that corresponds to a title listed in (1) of this                                                  
11       subsection; or                                                                                                    
12 (3)  another title, abbreviation, letters, figures, signs, or other devices                                             
13 that would lead a reasonable person to believe that the person is licensed or permitted                                 
14       under this chapter.                                                                                               
15            (b)  Violation of this section is a class B misdemeanor.                                                     
16 Sec. 08.89.120. Qualifications for licensure. (a) To receive a license under                                          
17 this chapter, a person must apply to the department in a manner that indicates whether                                  
18 the person is applying to practice as a radiologic technologist, radiation therapist, or                                
19       nuclear medicine technologist. In addition, the person shall                                                      
20                 (1)  be at least 18 years of age;                                                                       
21 (2)  have graduated from secondary school or have passed an approved                                                    
22       equivalency test;                                                                                                 
23 (3)  have graduated from a program approved by the department under                                                     
24       AS 08.89.130 in the area of practice for which the person seeks licensure;                                        
25 (4)  have met the examination requirement under AS 08.89.140 for the                                                    
26       area of practice for which the person seeks licensure; and                                                        
27                 (5)  pay the required fees.                                                                             
28            (b)  A license shall specify the area of practice authorized under the license.                              
29 (c)  A person with a license may practice in the authorized area of practice only                                       
30       under the direction of a licensed practitioner.                                                                   
31 Sec. 08.89.130. Program approval; licensure. (a) The department shall, on                                             
01       application by a program, evaluate an educational program that trains persons to                                  
02       receive licensure under this chapter and approve or disapprove the program according                              
03       to the criteria in (b) of this section.                                                                           
04            (b)  The department shall approve a program evaluated under this section only                                
05       if                                                                                                                
06                 (1)  the program is affiliated with at least one hospital that provides a                               
07       clinical component for the program that the department considers to be adequate;                                  
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 the department considers equivalent; 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; licensure. The examination requirement under                                            
18       AS 08.89.120 may be fulfilled 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 license 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 license                                             
24 is sought by another jurisdiction with standards for licensure that the department                                      
25       considers to be equivalent to the standards of this state.                                                        
26 Sec. 08.89.150. Qualifications for limited radiologic imager. (a) To be                                               
27       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 completed not less than two years of clinical experience in                                  
02       limited diagnostic radiologic imaging under the supervision of a licensed radiologic                              
03       technologist or practitioner;                                                                                     
04                 (4)  have passed the examination approved by the department for                                         
05       limited 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 licensed radiologic technologist or practitioner;                                                
10 (2)  may perform only radiography of the chest, abdomen, and axial-                                                     
11 appendicular skeleton; in this paragraph, "axial-appendicular skeleton" means the                                       
12 skull, including the mandible, sinuses, and facial bones; spine, including cervical,                                    
13 thoracic, lumbar, sacrum, and coccyx areas; pelvis; ribs; and upper and lower                                           
14       extremities;                                                                                                      
15 (3)  may not perform radiologic procedures involving the use of                                                         
16 contrast media, fluoroscopic equipment, mammography, tomography, magnetic                                               
17 resonance imaging (MRI), bone densitometry using ionizing radiation, nuclear                                            
18       medicine, radiation therapy, or computed tomography imaging (CT scan).                                            
19 Sec. 08.89.160. Program approval for limited radiologic imager. (a) The                                               
20 department shall, on application by a program, evaluate a program that trains persons                                   
21 to be limited radiologic imagers and approve or disapprove the program according to                                     
22       the criteria in (b) of this section.                                                                              
23 (b)  The department shall approve a program evaluated under this section if the                                         
24 program includes didactic instruction and clinical instruction considered adequate by                                   
25 the department, as determined under the department's regulations. In this subsection,                                   
26 "clinical instruction" means hands-on experience in a health facility setting, such as in                               
27 a hospital or clinic, under the supervision of a licensed radiologic technologist or                                    
28       licensed practitioner.                                                                                            
29 Sec. 08.89.165. Examination; limited radiologic imagers. (a) The                                                      
30 department shall provide for an examination for qualification for licensure of a limited                                
31 radiologic imager under AS 08.89.150. The department shall offer the examination at                                     
01 regular intervals to provide maximum access and sufficient opportunity for interested                                   
02       applicants.                                                                                                       
03 (b)  The examination provided under this section must be based in whole or in                                           
04 part on a limited scope of practice in radiologic technology examination designed by                                    
05 the American Registry of Radiologic Technologists, and the department shall design                                      
06 the examination in consultation with the Department of Health and Social Services,                                      
07 the state Medical Board, the Alaska Society of Radiologic Technologists, and at least                                   
08       one member of the American College of Radiology who resides in the state.                                         
09 (c)  A passing score on an examination taken under this section is 75 percent as                                        
10       a general average rating.                                                                                         
11 Sec. 08.89.170. Temporary permit. (a) The department may issue to a person                                            
12       a nonrenewable temporary                                                                                          
13 (1)  limited permit authorizing practice in an area corresponding to the                                                
14       person's scope of radiology training if the person pays the appropriate fee and                                   
15 (A)  is enrolled in a program approved under AS 08.89.160 for                                                           
16            that area; or                                                                                                
17 (B)  demonstrates to the satisfaction of the department that the                                                        
18 applicant has performed limited scope radiologic diagnostic imaging as                                                  
19            described under AS 08.89.150(b) for at least two years before July 1, 2015; or                               
20 (2)  permit authorizing practice in an area corresponding to the person's                                               
21       scope of radiology training if the person                                                                         
22 (A)  has taken an examination described under AS 08.89.140                                                              
23            for that area and the results are not yet available;                                                         
24 (B)  applies for the temporary permit within one year after                                                             
25            completing a program approved under AS 08.89.130; and                                                        
26                      (C)  pays the appropriate fee.                                                                     
27 (b)  A temporary permit issued under this section must indicate the area of                                             
28 practice authorized. Except as provided in (c) of this section, the permit expires two                                  
29       years after the date of issuance of the permit.                                                                   
30 (c)  Notwithstanding (a) and (b) of this section, if an applicant has provided                                          
31 proof of certification by a recognized national credentialing body that covers the area                                 
01 of practice for which a license is sought, the department may issue to the applicant, on                                
02 payment of a fee determined by the department, a nonrenewable temporary permit                                          
03       valid for a period of one year.                                                                                   
04 (d)  A person who holds a permit under this section is entitled to use the title                                        
05 "temporary permitted radiologic technologist," "temporary permitted radiation                                           
06 therapist," "temporary permitted nuclear medicine technologist," or "temporary                                          
07       permitted limited radiologic imager."                                                                             
08 Sec. 08.89.180. License renewal; continuing education. (a) The department                                             
09 may not renew a license issued under this chapter unless the licensee pays the required                                 
10 fee and submits evidence satisfactory to the department that the person has met the                                     
11       applicable continuing education requirements as determined by the department.                                     
12 (b)  The department may not require a person who is licensed to practice in                                             
13 more than one area of practice to complete more continuing education than a person                                      
14       who is licensed in only one area of practice.                                                                     
15 (c)  The department may not renew a limited radiologic imager license issued                                            
16 under this chapter unless the licensee pays the required fee and submits evidence                                       
17 satisfactory to the department that the person has met the applicable continuing                                        
18       competency requirements as determined by the department.                                                          
19 Sec. 08.89.190. License or permit to be kept on file. A person licensed or                                            
20 holding a permit under this chapter shall keep on file at each place of the person's                                    
21 employment the license or permit document issued under this chapter or a verified                                       
22       copy of the license or permit document.                                                                           
23 Sec. 08.89.200. Notification of address changes. A licensee or permittee                                              
24 under this chapter shall notify the department in writing within 30 days after a name or                                
25       address change.                                                                                                   
26 Sec. 08.89.210. Reapplication after revocation. A person whose license or                                             
27 permit is revoked by the department for a reason other than nonpayment of fees may                                      
28 not apply to be licensed under this chapter until one year has elapsed from the date of                                 
29       revocation. The department may require an examination for reinstatement.                                          
30 Sec. 08.89.220. Fees. The department shall set fees under AS 08.01.065 for                                            
31       each of the following:                                                                                            
01                 (1)  application;                                                                                       
02                 (2)  examination;                                                                                       
03                 (3)  initial license;                                                                                   
04                 (4)  initial limited license;                                                                           
05                 (5)  temporary permit;                                                                                  
06                 (6)  temporary limited permit;                                                                          
07                 (7)  license renewal;                                                                                   
08                 (8)  limited license renewal;                                                                           
09                 (9)  adding an area of practice to an existing license;                                                 
10                 (10)  program approval under AS 08.89.130.                                                              
11             Article 2. Prohibitions; Penalties; Disciplinary Sanctions.                                               
12 Sec. 08.89.300. Prescription required. (a) A person holding a license or                                              
13 permit issued under this chapter may not knowingly use a radioactive substance or                                       
14 equipment for radiologic procedures on a human for diagnostic or therapeutic                                            
15       purposes except as prescribed by a licensed practitioner.                                                         
16            (b)  Violation of this section is a class A misdemeanor.                                                     
17 Sec. 08.89.310. Civil penalty for unlicensed practice. A person required to                                           
18 be licensed or to hold a permit under this chapter who engages or offers to engage in a                                 
19 type of diagnostic radiologic imaging, radiation therapy, or nuclear medicine                                           
20 technology for which the person is not licensed or for which the person does not hold                                   
21 a permit may be fined up to $5,000 under the citation procedures of AS 08.01.102 -                                      
22       08.01.104.                                                                                                        
23 Sec. 08.89.320. Application requirement for licenses and permits; criminal                                            
24 penalty for certain fraudulent practices. (a) The department shall require that                                       
25 applications for a license or permit issued under this chapter be submitted under oath                                  
26 or affirmation or with notice that false statements made are punishable as unsworn                                      
27       falsification in the second degree under AS 11.56.210.                                                            
28 (b)  A person who obtains or attempts to obtain a license or permit issued                                              
29 under this chapter by false, fraudulent, or dishonest means is subject to prosecution for                               
30       perjury or unsworn falsification.                                                                                 
31 (c)  A person who knowingly forges, counterfeits, or alters a license or permit                                         
01       issued under this chapter is subject to prosecution for forgery under AS 11.46.505.                               
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 practice authorized by the license;                                                           
20 (6)  has, under an assumed name, impersonated a person licensed or                                                      
21 formerly licensed under this chapter or is performing duties of a licensee, a limited                                   
22       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 the department finds that a                                          
30 person 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)  "department" means the Department of Commerce, Community,                                          
02       and Economic Development;                                                                                         
03                 (2)  "diagnostic radiologic imaging" means the making of film records                                   
04       or digital records by passage of radiation through the body to act on specially                                   
05       sensitized film or digital sensors;                                                                               
06                 (3)  "direct supervision" means in the physical presence of a person                                    
07       who assists, evaluates, and approves the performance of tasks;                                                    
08                 (4)  "knowingly" has the meaning given in AS 11.81.900(a);                                              
09                 (5)  "licensed practitioner" means a physician, physician assistant,                                    
10 nurse practitioner, podiatrist, osteopath, dentist, or chiropractor who is either licensed                              
11 in this state or, if practicing as a physician, podiatrist, or osteopath, is exempt from                                
12       licensure under AS 08.64.370(1) or (4);                                                                           
13 (6)  "limited radiologic imager" means a person licensed under                                                          
14 AS 08.89.150 to perform diagnostic radiologic imaging within the limits specified in                                    
15       AS 08.89.150(b);                                                                                                  
16 (7)  "nuclear medicine technologist" means a person who prepares,                                                       
17 calibrates, and administers radiopharmaceutical agents to humans for diagnostic or                                      
18       therapeutic purposes;                                                                                             
19 (8)  "radiation therapist" means a person who applies radiation to                                                      
20       humans for therapeutic purposes;                                                                                  
21 (9)  "radiologic technologist" means a person who uses radiation on                                                     
22       humans for diagnostic purposes.                                                                                   
23    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
24 read:                                                                                                                   
25 REGULATIONS. The Department of Commerce, Community, and Economic                                                        
26 Development may adopt regulations to implement this Act. The regulations take effect under                              
27 AS 44.62 (Administrative Procedure Act) but not before the effective date of the law                                    
28 implemented by the regulations.                                                                                         
29    * Sec. 4. AS 08.89.100 and 08.89.310, enacted by sec. 2 of this Act, take effect July 1,                           
30 2018.                                                                                                                   
31    * Sec. 5. Section 3 of this Act takes effect immediately under AS 01.10.070(c).                                  
01    * Sec. 6. Except as provided in secs. 4 and 5 of this Act, this Act takes effect July 1, 2017.