HB 384: "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. 384 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, 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 exam 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 18 (A) the direct supervision of a licensed practitioner; or 19 (B) the direct supervision of a person fully licensed under this 20 chapter as a radiographer, radiation therapist, or nuclear medicine technologist, 21 as 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 United States Public Health 26 Service or the armed services of the United States 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 full or limited certificate of licensure or permit issued under this 04 chapter or proof of certification by the American Registry of Radiologic Technologists 05 or the Nuclear Medicine Technology Certification Board, a person may not use 06 (1) the title "radiographer," "radiation therapist," "nuclear medicine 07 technologist," "limited radiologic imager," "temporary permitted radiographer," 08 "temporary permitted radiation therapist," "temporary permitted nuclear medicine 09 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 A misdemeanor. 16 Sec. 08.89.120. Qualifications for full certificate licensure. (a) To receive a 17 full certificate of licensure under this chapter, a person must apply to the department in 18 a manner that indicates whether the person is applying to practice as a radiographer, 19 radiation therapist, or 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 full certificate shall specify the area of practice authorized under it. 29 (c) A person with a full certificate of licensure may practice in the authorized 30 area of practice only under the direction of a licensed practitioner. 31 Sec. 08.89.130. Program approval; full certificates. (a) The department
01 shall, upon application by a program, evaluate an educational program that trains 02 persons to receive full certificates of licensure under this chapter and approve or 03 disapprove the program according 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 is considered by the department to be 08 adequate; 09 (2) the program's curriculum for each course of study in the areas of 10 practice licensed under AS 08.89.120 meets the standards approved by the Joint 11 Review Committee on Education in Radiologic Technology, the Joint Review 12 Committee on Educational Programs in Nuclear Medicine Technology, the United 13 States Department of Education, or another appropriate accreditation agency whose 14 standards are considered equivalent by the department; and 15 (3) a recognized national voluntary accrediting organization has 16 reviewed the program's application to the department and submitted the review 17 comments to the department. 18 Sec. 08.89.140. Examinations; full certificates. The examination requirement 19 under AS 08.89.120 may be met by meeting one of the following criteria: 20 (1) successfully passing an examination approved by the department in 21 the area of practice for which the full certificate of licensure is sought; 22 (2) proof of current certification by the American Registry of 23 Radiologic Technologists, Nuclear Medicine Technology Certification Board; or 24 (3) proof of current licensure in the area of practice for which a full 25 certificate of licensure is sought by another jurisdiction with standards for licensure 26 considered by the department to be equivalent to the standards of this state. 27 Sec. 08.89.150. Qualifications for limited radiologic imager. (a) To be 28 licensed as a limited radiologic imager, a person must 29 (1) be at least 18 years of age; 30 (2) have graduated from secondary school or have passed an approved 31 equivalency test;
01 (3) have graduated from a program approved by the department under 02 AS 08.89.160 or have not less than two years of clinical experience in limited 03 diagnostic radiologic imaging under the supervision of a fully licensed radiographer or 04 a licensed practitioner; 05 (4) have passed the exam approved by the department for limited 06 radiologic imager licensure; and 07 (5) pay the required fees. 08 (b) A limited radiologic imager 09 (1) may perform limited radiologic diagnostic imaging only under the 10 supervision of a fully licensed radiographer or a licensed practitioner; 11 (2) may perform only radiography of the chest, abdomen, and axial- 12 appendicular skeleton; 13 (3) may not perform radiologic procedures involving the use of 14 contrast media, use of fluoroscopic equipment, mammography, tomography, magnetic 15 resonance imaging (MRI), bone densitometry using ionizing radiation, nuclear 16 medicine, radiation therapy, or computed tomography imaging (CT scan). 17 Sec. 08.89.160. Program approval for limited radiologic imager. (a) The 18 department shall, upon application by a program, evaluate a program that trains 19 persons to be limited radiologic imagers and approve or disapprove the program 20 according to the criteria in (b) of this section. 21 (b) The department shall approve a program evaluated under this section if the 22 program includes didactic instruction and clinical instruction considered adequate by 23 the department in axial-appendicular skeleton radiography, chest and abdomen 24 radiography, equipment maintenance and operation, radiation safety and protection, 25 image production and evaluation, radiographic anatomy and positioning procedures, 26 and applicable federal and state requirements relating to patient care and safety or, if 27 the program is instructed by and under the supervision of a fully licensed radiographer 28 or licensed practitioner and sponsored by a medical facility, as defined in 29 AS 18.26.900; in this subsection, "clinical instruction" means hands-on experience in 30 a health facility setting, such as in a hospital or clinic, under the supervision of a 31 licensed practitioner or fully licensed radiographer.
01 Sec. 08.89.165. Examination; limited radiologic imagers. (a) The 02 department shall provide for an examination for qualification for licensure of a limited 03 radiologic imager under AS 08.89.150. The examination must be offered at regular 04 intervals to provide maximum access and sufficient opportunity for interested 05 applicants. 06 (b) The examination provided under this section must be based in whole or in 07 part on a limited scope of practice in radiography examination designed by the 08 American Registry of Radiologic Technologists, and shall be designed by the 09 department in consultation with the Department of Health and Social Services, the 10 state Medical Board, the Alaska Society of Radiologic Technologists, and at least one 11 member of the American College of Radiology who resides in the state. 12 (c) A passing score on an examination taken under this section is 75 percent as 13 a general average rating. 14 Sec. 08.89.170. Temporary permit. (a) The department may issue a 15 nonrenewable temporary 16 (1) limited permit to a person authorizing practice in an area 17 corresponding to the person's scope of radiology training if the person pays the 18 appropriate fee and 19 (A) is enrolled in a program for that area approved under 20 AS 08.89.160; or 21 (B) demonstrates to the satisfaction of the department that the 22 applicant has performed limited scope radiologic diagnostic imaging as 23 described under AS 08.89.150(b) for at least two years before July 1, 2011; or 24 (2) full permit to a person authorizing practice in an area 25 corresponding to the person's scope of radiology training if the person 26 (A) has taken an examination described under AS 08.89.140 or 27 08.89.150 for that area and the results are not yet available; 28 (B) applies for the temporary permit within one year after 29 completing a program approved under AS 08.89.130; and 30 (C) pays the appropriate fee. 31 (b) A temporary permit issued under this section must indicate the area of
01 practice authorized. Except as provided in (c) of this section, the permit expires two 02 years after the date of issuance of the permit. 03 (c) Notwithstanding (a) and (b) of this section, if an applicant has provided 04 proof of certification by a recognized national credentialing body that covers the area 05 of practice for which a certificate of licensure is sought, the department may issue a 06 nonrenewable temporary permit valid for a period of one year to the applicant upon 07 payment of a fee determined by the department. 08 (d) A person who holds a permit under this section is entitled to use the title 09 "temporary permitted radiographer," "temporary permitted radiation therapist," 10 "temporary permitted nuclear medicine technologist," or "temporary permitted limited 11 radiologic imager." 12 Sec. 08.89.180. License renewal; continuing education. (a) The department 13 may not renew a full certificate of licensure issued under this chapter unless the 14 licensee pays the required fee and submits evidence satisfactory to the department that 15 the person has met the applicable continuing education requirements as determined by 16 the department. 17 (b) A person with a full certificate of licensure who is licensed to practice in 18 more than one area of practice is not required to complete more continuing education 19 than a person with a full certificate of licensure who is licensed in only one area of 20 practice. However, the department, in its communications with persons who have a 21 full certificate of licensure in more than one area of practice, shall encourage those 22 persons to receive continuing education in all of the areas for which they are licensed. 23 (c) The department may not renew a limited radiological imager license issued 24 under this chapter unless the licensee pays the required fee and submits evidence 25 satisfactory to the department that the person has met the applicable continuing 26 competency requirements as determined by the department. 27 Sec. 08.89.190. License or permit to be kept on file. A person licensed or 28 holding a permit under this chapter shall keep on file at each place of the person's 29 employment the license or permit document issued under this chapter or a verified 30 copy of the license or permit document. 31 Sec. 08.89.200. Notification of address changes. A licensee or permittee
01 under this chapter shall notify the department in writing within 30 days after a name or 02 address change. 03 Sec. 08.89.210. Reapplication after revocation. A person whose license or 04 permit is revoked by the department for a reason other than nonpayment of fees may 05 not apply to be licensed under this chapter until one year has elapsed from the date of 06 revocation. The department may require an examination for reinstatement. 07 Sec. 08.89.220. Fees. The department shall set fees under AS 08.01.065 for 08 each of the following: 09 (1) application; 10 (2) examination; 11 (3) full certificate of licensure; 12 (4) limited certificate of licensure; 13 (5) temporary full permit; 14 (6) temporary limited permit; 15 (7) license renewal; 16 (8) adding an area of practice to an existing license; 17 (9) program approval under AS 08.89.130. 18 Article 2. Prohibitions; Penalties; Disciplinary Sanctions. 19 Sec. 08.89.300. Prescription required. (a) A person holding a license or 20 permit issued under this chapter may not knowingly use a radioactive substance or 21 equipment for radiologic procedures on a human for diagnostic or therapeutic 22 purposes except as prescribed by a licensed practitioner. 23 (b) Violation of this section is a class A misdemeanor. 24 Sec. 08.89.310. Civil penalty for unlicensed practice. A person required to 25 be licensed or to have a permit under this chapter who engages or offers to engage in a 26 type of diagnostic radiologic imaging, radiation therapy, or nuclear medicine 27 technology for which the person is not licensed or for which the person does not hold 28 a permit may be fined up to $5,000 under the citation procedures of AS 08.01.102 - 29 08.01.104. 30 Sec. 08.89.320. Criminal penalty for certain fraudulent practices. A person 31 who obtains or attempts to obtain a license or permit under this chapter by dishonest or
01 fraudulent means or who knowingly forges, counterfeits, or fraudulently alters a 02 license or permit issued under this chapter is guilty of a class B misdemeanor. 03 Sec. 08.89.330. Grounds for disciplinary sanctions or denial of license. The 04 department may impose a disciplinary sanction authorized under AS 08.89.340 on a 05 person licensed or holding a permit under this chapter or refuse to issue or renew a 06 license or permit if the department finds that the person 07 (1) used fraud or deceit in the procurement or holding of the license or 08 permit or in the application process for the license or permit; 09 (2) has been convicted of a felony in a court of competent jurisdiction, 10 either within or outside of this state, unless the conviction has been reversed and the 11 person has been discharged or acquitted, or unless the person has been pardoned with 12 full restoration of civil rights; 13 (3) is or has been afflicted with a medical problem, disability, or 14 addiction that, in the opinion of the department, impairs professional competence; 15 (4) has aided a person who is not licensed or permitted under this 16 chapter, or otherwise authorized to perform the duties of a licensee or permittee, to 17 perform diagnostic radiologic imaging, radiation therapy, or nuclear medicine 18 technology; 19 (5) has undertaken or engaged in a radiologic technology practice 20 beyond the scope of duties permitted by law; 21 (6) has, under an assumed name, impersonated a person licensed or 22 formerly licensed under this chapter or is performing duties of a fully certificated 23 licensee, a limited certificate licensee, or a person holding a permit; 24 (7) is a licensee or permittee under this chapter and has violated the 25 code of ethics established by the department; 26 (8) has interpreted a diagnostic image for a clinician, a patient, the 27 patient's family, or the public; 28 (9) is a licensee or permittee under this chapter and is or has been 29 incompetent or negligent in performance of the licensee's or permittee's duties. 30 Sec. 08.89.340. Disciplinary sanctions. (a) When it finds that a person 31 licensed or holding a permit under this chapter has committed an act listed in
01 AS 08.89.330, the department may impose the following sanctions singly or in 02 combination: 03 (1) permanently revoke a license to practice; 04 (2) suspend a license for a determinate period of time; 05 (3) censure a licensee; 06 (4) issue a letter of reprimand; 07 (5) place a licensee on probationary status and require the licensee to 08 (A) report regularly to the department on matters involving the 09 basis of probation; 10 (B) limit practice to those areas prescribed; 11 (C) continue professional education until a satisfactory degree 12 of skill has been attained in those areas determined by the department to need 13 improvement; 14 (6) impose limitations or conditions on the practice of a licensee. 15 (b) The department may withdraw a limitation, condition, or probationary 16 status if it finds that the deficiency that required the sanction has been remedied. 17 (c) The department may summarily suspend a license before final hearing or 18 during the appeals process if the department finds that the licensee poses a clear and 19 immediate danger to the public welfare and safety. A person is entitled to a hearing 20 conducted by the office of administrative hearings under AS 44.64.010 within seven 21 days after the suspension order is issued. A person may appeal an adverse decision 22 after hearing to the superior court. 23 (d) The department may reinstate a license that has been suspended or revoked 24 if the department finds after a hearing that the person is able to practice with 25 reasonable skill and safety. 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. 08.89.910. Regulations. The department shall adopt regulations necessary 31 to implement this chapter.
01 Sec. 08.89.990. Definitions. In this chapter, 02 (1) "axial-appendicular skeleton" means the skull, including the 03 mandible, sinuses, and facial bones; spine, including cervical, thoracic, lumbar, 04 sacrum, and coccyx areas; pelvis; ribs; and upper and lower extremities; 05 (2) "contrast media" means an examination where contrast media is 06 introduced into a human body to define a part or parts not normally visualized on a 07 radiograph; 08 (3) "department" means the Department of Commerce, Community, 09 and Economic Development; 10 (4) "diagnostic radiologic imaging" means the making of film records 11 or digital records by passage of radiation through the body to act on specially 12 sensitized film or digital sensors; 13 (5) "direct supervision" means in the physical presence of a person 14 who assists, evaluates, and approves the performance of tasks; 15 (6) "knowingly" has the meaning given in AS 11.81.900(a); 16 (7) "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 (8) "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 (9) "nuclear medicine technologist" means a person who prepares, 24 calibrates, and administers radiopharmaceutical agents to humans for diagnostic or 25 therapeutic purposes; 26 (10) "radiation therapist" means a person who applies radiation to 27 humans for therapeutic purposes; 28 (11) "radiographer" means a person who uses radiation on humans for 29 diagnostic purposes. 30 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 REGULATIONS. The Department of Commerce, Community, and Economic 02 Development may begin the process to adopt regulations to implement this Act. The 03 regulations take effect under AS 44.62 (Administrative Procedure Act) but not before the 04 effective date of the statutes implemented by the regulations. 05 * Sec. 4. Except as provided in secs. 5 and 6 of this Act, this Act takes effect July 1, 2010. 06 * Sec. 5. AS 08.89.100 and 08.89.310, enacted by sec. 2 of this Act, take effect July 1, 07 2011. 08 * Sec. 6. Section 3 of this Act takes effect immediately under AS 01.10.070(c).