The following is the current bill being introduced to the Alaska State House for January 30, 2017 – HB89 Radiology Licensure bill for the State of Alaska has been carried to the current session by Representative Tuck.consideration.
We urge all radiologic professionals and concerned members of the public to send letters of support for this bill.
HOUSE BILL NO. 89 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTIETH LEGISLATURE – FIRST SESSION BY REPRESENTATIVE TUCK
Introduced: 1/30/17 Referred: Labor and Commerce, Finance
A BILL FOR AN ACT ENTITLED
1 “An Act requiring licensure of occupations relating to radiologic technology, radiation 2 therapy, and nuclear medicine technology; and providing for an effective date.”
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 5 (42) regulation of radiologic technologists under AS 08.89. 6 * Sec. 2. AS 08 is amended by adding a new chapter to read:
7 Chapter 89. Radiologic Technologists. 8 Article 1. Licensing Requirements.
9 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 30-LS0072\JHB 89 -2- HB0089a1 radiation on a human for diagnostic or therapeutic purposes unless the employee has 2 an appropriate license or permit issued under this chapter. 3 (b) The licensing or permit requirement in (a) of this section does not apply to 4 a person who is 5 (1) a licensed practitioner, if the practitioner certifies to the department 6 on a form prepared by the department that the practitioner has obtained education or 7 training to ensure the examination or test is performed safely; 8 (2) a dental assistant who uses equipment emitting radiation on 9 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. 1 (d) Violation of this section is a class A misdemeanor. 2 Sec. 08.89.110. Use of title prohibited. (a) Unless a person holds the 3 corresponding license, limited license, or permit issued under this chapter or proof of 4 certification by the American Registry of Radiologic Technologists or the Nuclear 5 Medicine Technology Certification Board, a person may not use 6 (1) the title “radiologic technologist,” “radiation therapist,” “nuclear 7 medicine technologist,” “limited radiologic imager,” “temporary permitted radiologic 8 technologist,” “temporary permitted radiation therapist,” “temporary permitted nuclear 9 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 application b 1 y a program, evaluate an educational program that trains persons to 2 receive licensure under this chapter and approve or disapprove the program according 3 to the criteria in (b) of this section. 4 (b) The department shall approve a program evaluated under this section only 5 if 6 (1) the program is affiliated with at least one hospital that provides a 7 clinical component for the program that the department considers to be adequate; 8 (2) the program’s curriculum for each course of study in the areas of 9 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 1 AS 08.89.160 or have completed not less than two years of clinical experience in 2 limited diagnostic radiologic imaging under the supervision of a licensed radiologic 3 technologist or practitioner; 4 (4) have passed the examination approved by the department for 5 limited radiologic imager licensure; and 6 (5) pay the required fees. 7 (b) A limited radiologic imager 8 (1) may perform limited radiologic diagnostic imaging only under the 9 supervision of a licensed radiologic technologist or practitioner; 10 (2) may perform only radiography of the chest, abdomen, and axial11 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 1 regular intervals to provide maximum access and sufficient opportunity for interested 2 applicants. 3 (b) The examination provided under this section must be based in whole or in 4 part on a limited scope of practice in radiologic technology examination designed by 5 the American Registry of Radiologic Technologists, and the department shall design 6 the examination in consultation with the Department of Health and Social Services, 7 the state Medical Board, the Alaska Society of Radiologic Technologists, and at least 8 one member of the American College of Radiology who resides in the state. 9 (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 1 of practice for which a license is sought, the department may issue to the applicant, on 2 payment of a fee determined by the department, a nonrenewable temporary permit 3 valid for a period of one year. 4 (d) A person who holds a permit under this section is entitled to use the title 5 “temporary permitted radiologic technologist,” “temporary permitted radiation 6 therapist,” “temporary permitted nuclear medicine technologist,” or “temporary 7 permitted limited radiologic imager.” 8 Sec. 08.89.180. License renewal; continuing education. (a) The department 9 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: 1 (1) application; 2 (2) examination; 3 (3) initial license; 4 (4) initial limited license; 5 (5) temporary permit; 6 (6) temporary limited permit; 7 (7) license renewal; 8 (8) limited license renewal; 9 (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 1 issued under this chapter is subject to prosecution for forgery under AS 11.46.505. 2 Sec. 08.89.330. Grounds for disciplinary sanctions or denial of license. The 3 department may impose a disciplinary sanction authorized under AS 08.89.340 on a 4 person licensed or holding a permit under this chapter or refuse to issue or renew a 5 license or permit if the department finds that the person 6 (1) used fraud or deceit in the procurement or holding of the license or 7 permit or in the application process for the license or permit; 8 (2) has been convicted of a felony in a court of competent jurisdiction, 9 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 1 combination: 2 (1) permanently revoke a license to practice; 3 (2) suspend a license for a determinate period of time; 4 (3) censure a licensee; 5 (4) issue a letter of reprimand; 6 (5) place a licensee on probationary status and require the licensee to 7 (A) report regularly to the department on matters involving the 8 basis of probation; 9 (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, (1) “department” 1 means the Department of Commerce, Community, 2 and Economic Development; 3 (2) “diagnostic radiologic imaging” means the making of film records 4 or digital records by passage of radiation through the body to act on specially 5 sensitized film or digital sensors; 6 (3) “direct supervision” means in the physical presence of a person 7 who assists, evaluates, and approves the performance of tasks; 8 (4) “knowingly” has the meaning given in AS 11.81.900(a); 9 (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). 1 * Sec. 6. Except as provided in secs. 4 and 5 of this Act, this Act takes effect July 1, 2017.