CSHB 150(JUD): "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(JUD) 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; or 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 (c) A licensed practitioner may perform an examination or test under this 21 section if the examination or test is otherwise performed in compliance with 22 applicable laws and if the practitioner has obtained sufficient education and training to 23 ensure that the examination or test is performed safely and appropriately. 24 (d) In this section, "under the direct supervision" includes the amount of 25 supervision needed to ensure that an examination or test conducted is performed safely 26 and appropriately. 27 (e) Violation of this section is a class A misdemeanor. 28 Sec. 08.89.110. Use of title prohibited. (a) Unless a person holds the 29 corresponding full or limited certificate of licensure or permit issued under this 30 chapter or proof of certification by the American Registry of Radiologic Technologists 31 or the Nuclear Medicine Technology Certification Board, a person may not use
01 (1) the title "radiographer," "radiation therapist," "nuclear medicine 02 technologist," "limited radiologic imager," "temporary permitted radiographer," 03 "temporary permitted radiation therapist," "temporary permitted nuclear medicine 04 technologist," or "temporary permitted limited radiologic imager"; 05 (2) an abbreviation that corresponds to a title listed in (1) of this 06 subsection; or 07 (3) another title, abbreviation, letters, figures, signs, or other devices 08 that would lead a reasonable person to believe that the person is licensed or permitted 09 under this chapter. 10 (b) Violation of this section is a class A misdemeanor. 11 Sec. 08.89.120. Qualifications for full certificate licensure. (a) In order to 12 receive a full certificate of licensure under this chapter, a person must apply to the 13 department in a manner that indicates whether the person is applying to practice as a 14 radiographer, radiation therapist, or nuclear medicine technologist. In addition, the 15 person shall 16 (1) be at least 18 years of age; 17 (2) have graduated from secondary school or have passed an approved 18 equivalency test; 19 (3) have graduated from a program approved by the department under 20 AS 08.89.130 in the area of practice for which the person seeks licensure; 21 (4) have met the examination requirement under AS 08.89.140 for the 22 area of practice for which the person seeks licensure; and 23 (5) pay the required fees. 24 (b) A full certificate shall specify the area of practice authorized under it. 25 (c) A person with a full certificate of licensure may practice in the authorized 26 area of practice only under the direction of a licensed practitioner. 27 Sec. 08.89.130. Program approval; full certificates. (a) The department 28 shall, upon application by a program, evaluate an educational program that trains 29 persons to receive full certificates of licensure under this chapter and approve or 30 disapprove the program according to the criteria in (b) of this section. 31 (b) The department shall approve a program evaluated under this section only
01 if 02 (1) the program is affiliated with at least one hospital that provides a 03 clinical component for the program that is considered to be adequate by the 04 department; 05 (2) the program's curriculum for each course of study in the areas of 06 practice licensed under AS 08.89.120 meets the standards approved by the Joint 07 Review Committee on Education in Radiologic Technology, the Joint Review 08 Committee on Educational Programs in Nuclear Medicine Technology, the United 09 States Department of Education, or another appropriate accreditation agency whose 10 standards are considered equivalent by the department; and 11 (3) a recognized national voluntary accrediting organization has 12 reviewed the program's application to the department and submitted the review 13 comments to the department. 14 Sec. 08.89.140. Examinations; full certificates. The examination requirement 15 under AS 08.89.120 may be met by meeting one of the following criteria: 16 (1) successfully passing an examination approved by the department in 17 the area of practice for which the full certificate of licensure is sought; 18 (2) proof of current certification by the American Registry of 19 Radiologic Technologists, Nuclear Medicine Technology Certification Board; or 20 (3) proof of current licensure in the area of practice for which a full 21 certificate of licensure is sought by another jurisdiction with standards for licensure 22 considered by the department to be equivalent to the standards of this state. 23 Sec. 08.89.150. Qualifications for limited radiologic imager. (a) In order to 24 be licensed as a limited radiologic imager, a person must 25 (1) be at least 18 years of age; 26 (2) have graduated from secondary school or have passed an approved 27 equivalency test; 28 (3) have graduated from a program approved by the department under 29 AS 08.89.160 or have demonstrated experience sufficient in the opinion of the 30 department to waive the program; 31 (4) have passed the exam approved by the department for limited
01 radiologic imager licensure; and 02 (5) pay the required fees. 03 (b) A limited radiologic imager 04 (1) may perform limited radiologic diagnostic imaging only under the 05 supervision of a fully licensed radiographer or a licensed practitioner; 06 (2) may perform only radiography of the chest, abdomen, and axial- 07 appendicular skeleton; 08 (3) may not perform radiologic procedures involving the use of 09 contrast media, use of fluoroscopic equipment, mammography, tomography, magnetic 10 resonance imaging (MRI), bone densitometry using ionizing radiation, nuclear 11 medicine, radiation therapy, or computed tomography imaging (CT scan). 12 Sec. 08.89.160. Program approval for limited radiologic imager. (a) The 13 department shall, upon application by a program, evaluate a program that trains 14 persons to be limited radiologic imagers and approve or disapprove the program 15 according to the criteria in (b) of this section. 16 (b) The department shall approve a program evaluated under this section only 17 if the program includes didactic instruction and clinical instruction considered 18 adequate by the department in axial-appendicular skeleton radiography, chest and 19 abdomen radiography, equipment maintenance and operation, radiation safety and 20 protection, image production and evaluation, radiographic anatomy and positioning 21 procedures, and applicable federal and state requirements relating to patient care and 22 safety; in this subsection, "clinical instruction" means hands-on experience in a health 23 facility setting, such as in a hospital or clinic, under the supervision of a licensed 24 practitioner or fully licensed radiographer. 25 Sec. 08.89.170. Temporary permit. (a) The department may issue a 26 nonrenewable temporary 27 (1) limited permit to a person authorizing practice in an area 28 corresponding to the person's scope of radiology training if the person 29 (A) is enrolled in a program for that area approved under 30 AS 08.89.160; and 31 (B) pays the appropriate fee; or
01 (2) full permit to a person authorizing practice in an area 02 corresponding to the person's scope of radiology training if the person 03 (A) has taken an examination described under AS 08.89.140 or 04 08.89.150 for that area and the results are not yet available; 05 (B) applies for the temporary permit within one year after 06 completing a program approved under AS 08.89.130; and 07 (C) pays the appropriate fee. 08 (b) A temporary permit issued under this section must indicate the area of 09 practice authorized. Except as provided in (c) and (d) of this section, the permit 10 expires one year after completion of the program described in (a)(1) of this section or 11 upon receipt of the examination results referred to in (a)(2) of this section, whichever 12 is earlier. 13 (c) Notwithstanding (a) and (b) of this section, the department may issue a 14 nonrenewable temporary permit valid for two years to an applicant who pays a fee 15 determined by the department and who demonstrates to the satisfaction of the 16 department that the applicant has been performing limited scope radiologic diagnostic 17 imaging under AS 08.89.150(b) for two years preceding July 1, 2008. A two-year 18 temporary permit issued under this subsection qualifies the applicant for employment 19 only as specified in AS 08.89.150(b). 20 (d) Notwithstanding (a) - (c) of this section, if an applicant has provided proof 21 of certification by a recognized national credentialing body that covers the area of 22 practice for which a certificate of licensure is sought, the department may issue a 23 nonrenewable temporary permit valid for a period of one year to the applicant upon 24 payment of a fee determined by the department . 25 (e) A person who holds a permit under this section is entitled to use the title 26 "temporary permitted radiographer," "temporary permitted radiation therapist," 27 "temporary permitted nuclear medicine technologist," or "temporary permitted limited 28 radiologic imager." 29 Sec. 08.89.180. License renewal; continuing education. (a) The department 30 may not renew a full certificate of licensure issued under this chapter unless the 31 licensee pays the required fee and submits evidence satisfactory to the department that
01 the person has met the applicable continuing education requirements as determined by 02 the department. 03 (b) A person with a full certificate of licensure who is licensed to practice in 04 more than one area of practice is not required to complete more continuing education 05 than a person with a full certificate of licensure who is licensed in only one area of 06 practice. However, the department, in its communications with persons who have a 07 full certificate of licensure in more than one area of practice, shall encourage those 08 persons to receive continuing education in all of the areas for which they are licensed. 09 (c) The department may not renew a limited radiological imager license issued 10 under this chapter unless the licensee pays the required fee and submits evidence 11 satisfactory to the department that the person has met the applicable continuing 12 competency requirements as determined by the department. 13 Sec. 08.89.190. License or permit to be kept on file. A person licensed or 14 holding a permit under this chapter shall keep on file at each place of the person's 15 employment the license or permit document issued under this chapter or a verified 16 copy of the license or permit document. 17 Sec. 08.89.200. Notification of address changes. A licensee or permittee 18 under this chapter shall notify the department in writing within 30 days after a name or 19 address change. 20 Sec. 08.89.210. Reapplication after revocation. A person whose license or 21 permit is revoked by the department for a reason other than nonpayment of fees may 22 not apply to be licensed under this chapter until one year has elapsed from the date of 23 revocation. The department may require an examination for reinstatement. 24 Sec. 08.89.220. Fees. The department shall set fees under AS 08.01.065 for 25 each of the following: 26 (1) application; 27 (2) examination; 28 (3) full certificate of licensure; 29 (4) limited certificate of licensure; 30 (5) temporary full permit; 31 (6) temporary limited permit;
01 (7) license renewal; 02 (8) adding an area of practice to an existing license; 03 (9) program approval under AS 08.89.130. 04 Article 2. Prohibitions; Penalties; Disciplinary Sanctions. 05 Sec. 08.89.300. Prescription required. (a) A person holding a license or 06 permit issued under this chapter may not knowingly use a radioactive substance or 07 equipment for radiologic procedures on a human for diagnostic or therapeutic 08 purposes except as prescribed by a licensed practitioner. 09 (b) Violation of this section is a class A misdemeanor. 10 Sec. 08.89.310. Civil penalty for unlicensed practice. A person required to 11 be licensed or to have a permit under this chapter who engages or offers to engage in a 12 type of diagnostic radiologic imaging, radiation therapy, or nuclear medicine 13 technology for which the person is not licensed or for which the person does not hold 14 a permit may be fined up to $5,000 under the citation procedures of AS 08.01.102 - 15 08.01.104. 16 Sec. 08.89.320. Criminal penalty for certain fraudulent practices. A person 17 who obtains or attempts to obtain a license or permit under this chapter by dishonest or 18 fraudulent means or who knowingly forges, counterfeits, or fraudulently alters a 19 license or permit issued under this chapter is guilty of a class B misdemeanor. 20 Sec. 08.89.330. Grounds for disciplinary sanctions or denial of license. The 21 department may impose a disciplinary sanction authorized under AS 08.89.340 on a 22 person licensed or holding a permit under this chapter or refuse to issue or renew a 23 license or permit if the department finds that the person 24 (1) used fraud or deceit in the procurement or holding of the license or 25 permit or in the application process for the license or permit; 26 (2) has been convicted of a felony in a court of competent jurisdiction, 27 either within or outside of this state, unless the conviction has been reversed and the 28 person has been discharged or acquitted, or unless the person has been pardoned with 29 full restoration of civil rights; 30 (3) is or has been afflicted with a medical problem, disability, or 31 addiction that, in the opinion of the department, impairs professional competence;
01 (4) has aided a person who is not licensed or permitted under this 02 chapter, or otherwise authorized to perform the duties of a licensee or permittee, to 03 perform diagnostic radiologic imaging, radiation therapy, or nuclear medicine 04 technology; 05 (5) has undertaken or engaged in a radiologic technology practice 06 beyond the scope of duties permitted by law; 07 (6) has, under an assumed name, impersonated a person licensed or 08 formerly licensed under this chapter or is performing duties of a fully certificated 09 licensee, a limited certificate licensee, or a person holding a permit; 10 (7) is a licensee or permittee under this chapter and has violated the 11 code of ethics established by the department; 12 (8) has interpreted a diagnostic image for a clinician, a patient, the 13 patient's family, or the public; 14 (9) is a licensee or permittee under this chapter and is or has been 15 incompetent or negligent in performance of the licensee's or permittee's duties. 16 Sec. 08.89.340. Disciplinary sanctions. (a) When it finds that a person 17 licensed or holding a permit under this chapter has committed an act listed in 18 AS 08.89.330, the department may impose the following sanctions singly or in 19 combination: 20 (1) permanently revoke a license to practice; 21 (2) suspend a license for a determinate period of time; 22 (3) censure a licensee; 23 (4) issue a letter of reprimand; 24 (5) place a licensee on probationary status and require the licensee to 25 (A) report regularly to the department on matters involving the 26 basis of probation; 27 (B) limit practice to those areas prescribed; 28 (C) continue professional education until a satisfactory degree 29 of skill has been attained in those areas determined by the department to need 30 improvement; 31 (6) impose limitations or conditions on the practice of a licensee.
01 (b) The department may withdraw a limitation, condition, or probationary 02 status if it finds that the deficiency that required the sanction has been remedied. 03 (c) The department may summarily suspend a license before final hearing or 04 during the appeals process if the department finds that the licensee poses a clear and 05 immediate danger to the public welfare and safety. A person is entitled to a hearing 06 conducted by the office of administrative hearings under AS 44.64.010 within seven 07 days after the suspension order is issued. A person may appeal an adverse decision 08 after hearing to the superior court. 09 (d) The department may reinstate a license that has been suspended or revoked 10 if the department finds after a hearing that the person is able to practice with 11 reasonable skill and safety. 12 Article 3. General Provisions. 13 Sec. 08.89.900. Unified occupation for fee purposes. For purposes of 14 AS 08.01.065, all persons licensed or holding a permit under this chapter are 15 considered to be engaged in the same occupation. 16 Sec. 08.89.910. Regulations. The department shall adopt regulations necessary 17 to implement this chapter. 18 Sec. 08.89.990. Definitions. In this chapter, 19 (1) "axial-appendicular skeleton" means the skull, including the 20 mandible, sinuses, and facial bones; spine, including cervical, thoracic, lumbar, 21 sacrum, and coccyx areas; pelvis; ribs; and upper and lower extremities; 22 (2) "contrast media" means an examination where contrast media is 23 introduced into a human body to define a part or parts not normally visualized on a 24 radiograph; 25 (3) "department" means the Department of Commerce, Community, 26 and Economic Development; 27 (4) "diagnostic radiologic imaging" means the making of film records 28 or digital records by passage of radiation through the body to act on specially 29 sensitized film or digital sensors; 30 (5) "direct supervision" means in the physical presence of a person 31 who assists, evaluates, and approves the performance of tasks;
01 (6) "knowingly" has the meaning given in AS 11.81.900(a); 02 (7) "licensed practitioner" means a physician, physician assistant, 03 nurse practitioner, podiatrist, osteopath, dentist, or chiropractor who is either licensed 04 in this state or, if practicing as a physician, podiatrist, or osteopath, is exempt from 05 licensure under AS 08.64.370(1) or (4); 06 (8) "limited radiologic imager" means a person licensed under 07 AS 08.89.150 to perform diagnostic radiologic imaging within the limits specified in 08 AS 08.89.150(b); 09 (9) "nuclear medicine technologist" means a person who prepares, 10 calibrates, and administers radiopharmaceutical agents to humans for diagnostic or 11 therapeutic purposes; 12 (10) "radiation therapist" means a person who applies radiation to 13 humans for therapeutic purposes; 14 (11) "radiographer" means a person who uses radiation on humans for 15 diagnostic purposes. 16 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 REGULATIONS. The Department of Commerce, Community, and Economic 19 Development may begin the process to adopt regulations to implement this Act. The 20 regulations take effect under AS 44.62 (Administrative Procedure Act) but not before the 21 effective date of the statutes implemented by the regulations. 22 * Sec. 4. Except as provided in secs. 5 and 6 of this Act, this Act takes effect July 1, 2006. 23 * Sec. 5. AS 08.89.100 and 08.89.310, enacted by sec. 2 of this Act, take effect July 1, 24 2008. 25 * Sec. 6. Section 3 of this Act takes effect immediately under AS 01.10.070(c).