Chapter 139
2010 -- S 2130 SUBSTITUTE A
Enacted 06/25/10
A N A C T
RELATING TO
BUSINESSES AND PROFESSIONS -- RADIOLOGIC TECHNOLOGISTS LICENSING
Introduced By: Senators Gallo, and P Fogarty
Date Introduced: February 04, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Chapter 5-68 of the General Laws entitled
"Board of Radiologic
Technology" is hereby
repealed in its entirety.
CHAPTER
5-68
Board
of Radiologic Technology
5-68-1.
Purpose. -- The purpose of this
chapter is to assure patients, operators, and all
those influenced and affected by ionizing radiation of the
minimum standards of radiation
protection.
5-68-2.
Definitions. -- As used in this
chapter:
(1)
"Board" means the board of radiologic technology.
(2)
"Department" means the department of health.
(3) "Financial
interest" means being:
(i)
A licensed practitioner of radiologic technology; or
(ii) A person who
deals in goods and services that are uniquely related to the practice of
radiologic technology; or
(iii) A person who
has invested anything of value in a business that provides radiologic
technology services.
(4)
"License" means a written authorization issued by the department authorizing
an
individual to perform diagnostic and/or therapeutic radiologic
procedures on humans.
(5) "Licensed
practitioner" or "licensed practitioner of the healing arts"
means an
individual licensed to practice medicine, osteopathy,
chiropractic, podiatry or an individual
licensed as a physician assistant in this state.
(6) "National
organization" means a professional association, approved by the board that
examines, registers, certifies or approves individuals in
education programs relating to operators
of sources of radiation.
(7) "Nuclear
medicine technology" means the act of giving a radioactive substance to a
human being for diagnostic purposes, or the act of
performing associated procedures, or both.
(8)
"Operator" or "operator of sources of radiation" means any
individual, other than a
licensed practitioner of the healing arts, who uses or
operates a source or sources of radiation.
(9) "Radiation
physicist" means an individual in the field of radiation protection who
has
knowledge and responsibility to apply appropriate radiation
practice.
(10) "Radiation
therapy technology" means the direct application of ionizing radiation to
human beings for therapeutic purposes.
(11)
"Radiography" means the direct application of ionizing radiation to a
human being
for diagnostic purposes.
(12)
"Radiologic technology" includes the practice of:
(i)
Radiography; or
(ii) Nuclear
medicine technology; or
(iii) Radiation
therapy technology.
(13)
"Radiologist" means a licensed practitioner practicing within the
field of radiology.
(14) "Sources
of radiation" means any substance or device emitting or capable of
producing ionizing radiation, for the purpose of performing
human therapeutic or diagnostic
radiologic procedures.
(15)
"State" means the state of
(16)
"Student" means an individual enrolled in a course of study for
medicine or
radiologic technology.
(17)
"Supervision" means:
(i)
"Direct personal supervision" which means supervised by and in the
physical
presence of a radiologist or licensed operator.
(ii) "Direct
supervision" which means supervised by a radiologist or licensed operator
who is at all times available in the individual's place
of employment.
(iii) "General
supervision" which means supervised by a radiologist or licensed operator
who is available but not necessarily within the
individual's place of employment.
5-68-3. License
required. -- (a) No person shall practice radiography, nuclear
medicine
technology or radiation therapy or shall represent themselves as
practicing radiography, nuclear
medicine technology or radiation therapy, unless they are
licensed under this chapter, except as
provided.
(b) Nothing in this
chapter is intended to limit, preclude or interfere with the practice of
persons and health care providers licensed by appropriate
agencies of
(c) This chapter
does not prohibit a person enrolled in an approved school of radiologic
technology, under the direct supervision of a board certified
radiologist or a licensed radiologic
technologist, from performing those duties essential for
completion of a student's clinical service.
(d) This chapter is
not intended to supersede the mammography rules and regulations
promulgated pursuant to section 23-17-32.
5-68-4. The board of radiologic technology. -- (a) Within the division of professional
regulation of the department of health there is a board of
radiologic technology consisting of
seven (7) members as follows:
(1) One member shall
be a member of the public who has no financial interest in
radiologic technology other than as a consumer or possible
consumer of its services. They shall
have no financial interest personally or through a spouse.
(2) Two (2) members
of the board shall be licensed practitioners, one of whom shall be a
radiologist who utilizes ionizing radiation in the normal course
of his or her practice.
Nominations for the licensed practitioner board
members shall be submitted by the
Medical Society and the
Radiologic Society of Rhode Island to the department for approval.
(3) Three (3)
members of the board shall be licensed under this chapter. One shall be
from radiography, one shall be from nuclear medicine, and
one shall be from radiation therapy.
Nominations from the
Society of Radiation Therapy Technologists,
and the Society of Nuclear Medicine (
chapter), shall be submitted to the department for approval.
(4) One member shall
be a representative of the hospital association who shall be
nominated by the Hospital Association of Rhode Island and
submitted to the department for
approval.
(5) The director of
the department, with the approval of the governor, within sixty (60)
days following the enactment of this chapter, shall
appoint one member for a term of one year;
two (2) for a term of two (2) years; and two (2) for a
term of three (3) years. Appointments made
after this shall be for three (3) year terms, but no person
shall serve more than two (2) consecutive
terms.
(6) The director, in
his or her initial appointment, shall appoint as radiologic technologist
members of the board, persons currently practicing as
registered radiologic technologists in
Rhode Island.
(7) The board shall
meet during the first month of each calendar year to select a
chairperson and for other purposes. At least one additional
meeting shall be held before the end of
each calendar year. Other meetings shall be convened at
the call of the chairperson, the
administrator of professional regulation or upon the written
request of any two (2) board
members.
(8) In the event of
a vacancy in one of the positions, the director of the department of
health, with the approval of the governor, may appoint a
person who shall fill the unexpired term.
(b) The duties of
the board shall be as follows:
(1) To evaluate the
qualifications of applicants and review the required examination
results administered by a testing agency approved by the
board;
(2) To recommend to
the director the issue of licenses to applicants who meet the
requirements of the Radiologic Technology Act; and
(3) To administer,
coordinate, and enforce the provisions of this chapter and investigate
persons engaging in practices that may violate the provisions
of the chapter;
(4) To recommend to
the director the denial or revocation of licenses to practice
radiologic technology as provided in this chapter;
(5) To recommend to
the director adoption of rules and regulations.
5-68-5.
Licensing by training and examination. --
Any person desiring to become a
licensed radiographer, a licensed nuclear medicine
technologist and/or a licensed radiation
therapist shall make application to the board on a written form
and in the manner that the board
prescribes, shall pay all the required application fees and
shall furnish evidence to the board that
the applicant:
(1) Has successfully
completed a training program approved by the board;
(2) Has passed the
examination given by the American Registry of Radiologic
Technologists, or the Nuclear Medicine Technology Certification
Board (as specified in the rules
and regulations); and
(3) Is of good moral
character.
5-68-6.
Licensing without examination. --
(a) The board shall waive the education and
examination requirements for applicants who present proof of
current licensure in a state which
has standards at least equal to those for licensure in
(b) The division
shall issue a license in the appropriate category to any person who:
(1) Has been working
in the field of radiologic technology as a nuclear medicine
technologist, or a radiation therapist, or as a radiographer in
all aspects of radiography as defined
by the board for three (3) consecutive years from 1986;
(2) Submits proof of
the employment to the department of health for review within one
year after the adoption of the rules and regulations for
radiologic technologists; and
(3) Is of good moral
character.
(c) The division
shall issue a limited license in radiologic technology to any person who:
(1) Has been working
in the field of radiologic technology as a radiographer in some but
not all aspects of radiography as defined by the board
for three (3) consecutive years from 1987;
(2) Submits proof of
the employment to the department of health for review within one
year after the adoption of the rules and regulations for
radiologic technologists; and
(3) Is of good moral
character.
(d) Persons shall be
issued a limited license:
(1) Depending upon
their level of professional training and experience, as determined by
a supervising licensed practitioner, may practice
radiologic technology consistent with their
expertise and that of the supervising licensed practitioner;
and
(2) May practice
radiologic technology only under the direct supervision of a licensed
practitioner or a licensed radiologic technologist; and
(3) May not
supervise others in the performance of radiologic technology.
5-68-7.
Exemptions. -- The provisions of the
preceding sections do not apply to:
(1) A licensed
practitioner when practicing within his or her field of expertise.
(2) Students of medicine,
when under the general supervision of an instructor who is a
radiologist board certified or eligible for board certification
and when acting within the scope of
practice.
(3) A dentist,
licensed dental hygienist or certified dental assistant when practicing
within his or her field of expertise.
(4) Podiatry
assistants who have received a "certificate of completion" from the
Community
College of or other equivalent training approved by the board,
after
having taken and passed the course on "radiography for
podiatry assistance" and when acting
within the practice of podiatry.
5-68-8. Other licensing provisions. -- (a) The license issued by the department shall
describe the licensed person as a "licensed radiographer",
a "licensed nuclear medicine
technologist" or a "licensed radiation therapist",
licensed by the
health.
(b) Unless licensed
as a "licensed radiographer", a "licensed nuclear medicine
technologist" or a "licensed radiation therapist"
under the Radiologic Technology Act, no person
shall use any title or abbreviation to indicate that the
person is a licensed radiologic technologist.
(c) A valid license
issued pursuant to this chapter shall be carried on the person of the
radiologic technologist while performing the duties for which
the license is required.
(d) Licenses, with
the exception of initial licenses, shall be issued for a period of two (2)
years.
(e) License renewal
dates shall be determined under the rules and regulations.
(f) Licensees shall
provide to the department proof of at least ten (10) continuing
education credits deemed acceptable for these purposes in the
rules and regulations for radiologic
technologist's for each renewal period of two (2) years starting
every second year after the 1995
recertification period. Failure to provide this evidence shall
constitute grounds for revocation,
suspension, or refusal to renew the license.
(g) Any graduate of
a training program approved by the board who files a completed
application (including all documents except for examination
scores) for licensing shall be
recognized, upon receiving a receipt from the
professional regulation, as a "graduate technologist".
This shall authorize the applicant to practice
that branch of radiologic technology applied for, until
the next succeeding exam is given and until
the results of the exam are distributed and acted upon by
the board. In the event that the candidate
fails the examination, all privileges issued under this
graduate status shall be revoked.
5-68-9.
Fees. -- (a) The
director shall, in consultation with the board, establish a schedule
of fees for licenses and for renewal as licenses for
radiologic technologists.
(b) The initial
application fee and renewal fee shall not exceed one hundred and seventy
dollars ($170), and shall be prescribed in rules and
regulations.
5-68-10.
Denial, suspension, revocation, and reinstatement of licenses.
-- (a) The
board may recommend refusal, suspension, or revocation of
any license in accordance with the
procedures provided in the Administrative Procedures Act,
chapter 35 of title 42, for any of the
following causes:
(1) Fraud in the
procurement of any license under this chapter;
(2) Imposition of
any disciplinary action upon a person by any agency of another state,
which regulates radiologic technology, but not to exceed the
period or extent of the action;
(3) Conviction of a
crime, which substantially relates to the qualifications, functions, or
duties of a radiologic technologist. The record of
conviction or a certified copy is conclusive
evidence of the conviction;
(4) Impersonating or
acting as a proxy for an applicant in an examination for registration
in the field of radiologic technology;
(5) Habitual or
excessive use of intoxicants or drugs;
(6) Gross negligence
in his or her practice as a radiologic technologist;
(7) Violating any of
the provisions of the Radiologic Technology Act or any rules or
regulations adopted under that act or aiding or abetting any
person to violate the provisions of or
any rules or regulations adopted under this chapter;
(8) Engaging in
unprofessional conduct; or
(9) Committing any
fraudulent, dishonest, or corrupt act, which is substantially
related to
the qualifications, functions, or duties of a radiologic
technologist.
(b) One year from
the date of revocation of a license under the Radiologic Technology
Act, application may be made for reinstatement,
restoration, or modification of probation. The
board has the discretion to accept or reject any
application for the reinstatement.
5-68-11.
Receipts. -- The proceeds of any
fees collected pursuant to the provisions of this
chapter, shall be deposited as general revenues.
5-68-12.
Penalties. -- (a) A violation of any
provision of this chapter shall be deemed a
misdemeanor. The misdemeanor shall be punishable by a fine of not
less than three hundred
dollars ($300) for the first offense. Each subsequent offense
shall be punishable by a fine of not
less than five hundred dollars ($500).
(b) The department
may bring civil action in the district court to enforce any provision of
this chapter.
5-68-13.
Severability. -- If any part of this
chapter is held unconstitutional or invalid, all
parts that are severable from the invalid or unconstitutional
part remain in effect. If a part of this
chapter is held unconstitutional or invalid in one or more of
its applications, the valid part
remains in effect and all constitutional and valid
applications are severable from the invalid
applications.
SECTION 2. Title 5 of the General Laws entitled
"BUSINESSES AND PROFESSIONS"
is hereby amended by adding thereto the following
chapter:
CHAPTER
68.1
RADIOLOGIC
TECHNOLOGISTS
5-68.1-1.
Purpose. The purpose of this chapter is to
establish standards of education,
training and experience, and to require the licensure of
radiologic technologists.
5-68.1-2.
Definitions. -- As used in this chapter:
(1) "Authorized
user" means a licensed practitioner who meets the training and
experience requirements defined in rules and regulations
promulgated pursuant to chapter 23-1.3.
(2) "Board"
means the board of radiologic technology.
(3)
"Department" means the
(4)
"Director" means the director of the
(5) "Financial
interest" means being:
(i)
A licensed practitioner of radiologic technology; or
(ii) A person who
deals in goods and services that are uniquely related to the practice of
radiologic technology; or
(iii) A person who
has invested anything of value in a business that provides radiologic
technology services.
(6)
"License" means a license issued by the director to practice
radiologic technology.
(7) "Licensed
practitioner" means an individual licensed to practice medicine,
chiropractic, or podiatry, or an individual licensed as a
registered nurse practitioner or physician
assistant in this state.
(8) "Medical
physicist" means an individual, other than a licensed practitioner, who
practices independently one or more of the subfields of medical
physics, and is registered or
licensed under rules and regulations promulgated pursuant to
section 23-1.3
(9) "National
organization" means a professional association or registry, approved by
the
director, that examines, registers, certifies or approves
individuals and education programs
relating to operators of sources of radiation.
(10) "Nuclear
medicine technologist" means an individual, other than a licensed
practitioner, who compounds, calibrates, dispenses and administers
radiopharmaceuticals,
pharmaceuticals, and radionuclides under
the general supervision of an authorized user for benefit
of performing a comprehensive scope of nuclear medicine
procedures, and who has met and
continues to meet the licensure standards of this chapter.
(11)
"Person" means any individual, corporation, partnership, firm,
association, trust,
estate, public or private institution, group, agency,
political subdivision of this state or any other
state, or political subdivision of any agency thereof and
any legal successor, representative, agent
or agency of the foregoing.
(12) "Radiation
therapist" means an individual, other than a licensed practitioner, who
utilizes ionizing radiation under the general supervision of
an authorized user for the planning and
delivery of therapeutic procedures, and who has met and
continues to meet the licensure
standards of this chapter.
(13) "Radiology
technologist" also known as a "radiographer" means an
individual, other
than a licensed practitioner, who performs a comprehensive
scope of diagnostic radiologic
procedures under the general supervision of a licensed
practitioner using external ionizing
radiation, resulting in radiographic or digital images, and who
has met and continues to meet the
licensure standard of this chapter.
(14)
"Radiologist" means a licensed practitioner specializing in radiology
who is certified
by or eligible for certification by the American Board
of Radiology or the American Osteopathic
Board of Radiology, the
Physicians and Surgeons.
(15)
"Radiologist assistant" means an individual, other than a licensed
practitioner, who
performs as an advanced level radiologic technologist and
works under the general supervision of
a radiologist to enhance patient care by assisting the
radiologist in the medical imaging
environment, and who has met and continues to meet the licensure
standards of this chapter.
(16) "Source of
radiation" means any substance or device emitting or capable of
producing ionizing radiation, for the purpose of performing therapeutic
or diagnostic radiologic
procedures on human beings.
(17)
"Student" means an individual enrolled in a course of study for
medicine or
radiologic technology.
(18)
"Supervision" means and includes:
(i)
"Direct supervision" means supervision and control by a licensed
practitioner who
assumes legal liability for the services rendered by the
radiologic technologist, which supervision
requires the physical presence of the licensed practitioner
for consultation and direction of the
actions of the radiologic technologist.
(ii) "General
supervision" means supervision whereby a licensed practitioner, who
assumes legal liability for the services rendered, authorizes
the services to be performed by the
radiologic technologist, which supervision, except in cases of
emergency, requires the easy
availability or physical presence of the licensed practitioner for
consultation and direction of the
actions of the radiologic technologist.
5-68.1-3.
Board Composition Appointment and terms of members.
(a) Within
the
of seven (7) members as follows:
(1) One member shall
be a member of the public who has no financial interest in
radiologic technology other than as a consumer or possible
consumer of its services. They shall
have no financial interest personally or through a spouse.
(2) Two (2) members
of the board shall be licensed practitioners, one of whom shall be a
radiologist who utilizes ionizing radiation in the normal course
of his or her practice.
Nominations for the licensed practitioner board
members shall be submitted by the
Medical Society and the
(3)(i) Three (3) members of the board
shall be licensed under this chapter. One shall be
from radiography, one shall be from nuclear medicine, and
one shall be from radiation therapy.
(ii) The director shall
appoint as radiologic technologist members of the board,
individuals currently practicing as registered radiologic
technologists in
(4) One member shall
be a representative of the hospital association who shall be
nominated by the Hospital Association of
approval.
(5)(i) The director, with the approval of the governor, shall
make appointments for a three
(3) year term, but no
individual shall serve more than two (2) consecutive terms. Members of the
board as of the effective date of this chapter, who were
previously appointed pursuant to section
5-68-4, shall continue to
serve for the remainder of their appointed term.
(ii) In the event of
a vacancy in one of the positions, the director, with the approval of the
governor, may appoint an individual who shall fill the
unexpired term.
(6) The board shall
meet during the first month of each calendar year to select a
chairperson and for other purposes. At least one additional
meeting shall be held during each
calendar year. Meetings may also be called at any time by the
chairperson, the director or by
written request of two (2) members of the board. A majority
of the fully authorized board
constitutes a quorum.
(b) The duties of the
board shall be as follows:
(1) To evaluate the
qualifications of applicants and review the required examination
results administered by a testing agency approved by the
board;
(2) To recommend to the
director the issuance of licenses to applicants who meet the
requirements of this chapter;
(3) To administer,
coordinate and enforce the provisions of this chapter and investigate
persons engaging in practices that may violate the provisions
of the chapter;
(4) To recommend to
the director the denial or revocation of licenses to practice
radiologic technology as provided in this chapter; and
(5) To recommend to
the director adoption of rules and regulations pursuant to this
chapter.
5-68.1-4. License
required. -- (a) No individual shall practice radiologic technology
or
shall represent themselves as practicing radiologic
technology, unless they are licensed under this
chapter. The provisions of this section do not apply to:
(1) A licensed
practitioner when practicing within his or her field of expertise.
(2) A student of
medicine, when under the general supervision of an instructor who is a
radiologist and when acting within the scope of practice.
(3) A dentist, licensed
dental hygienist or certified dental assistant when practicing within
his or her field of expertise.
(4) A podiatry
assistant who has received a "certificate of completion" from the
having taken and passed the course on radiography for
podiatry assistance" and when acting
within the practice of podiatry.
(5) A medical
physicist when practicing within his or her field of expertise.
(b) Nothing in this
chapter is intended to limit, preclude or interfere with the practice of
persons and health care providers licensed by appropriate
agencies of
(c) This chapter
does not prohibit an individual enrolled in an approved school of
radiologic technology, under the direct supervision of a
radiologist or a licensed radiologic
technologist, from performing those duties essential for
completion of a student's clinical service.
(d) This chapter is
not intended to supersede the mammography rules and regulations
promulgated pursuant to section 23-17-32.
5-68.1-5.
Licensure standards. (a) The
director shall develop standards for licensure
of the following categories of radiologic technology:
(1) Radiographer;
(2) Nuclear medicine
technologist;
(3) Radiation
therapist; and
(4) Radiologist
assistant.
(b) The director may
promulgate rules and regulations which authorize additional
categories of licensure, consistent with a radiologic technology
certification established by the
American Registry of Radiologic Technologists, the
Nuclear Medicine Technology Certification
Board or other national
organization.
(c) The director may
promulgate rules and regulations that establish requirements for
radiologic technologist authorization to operate hybrid imaging
modalities, including, but not
limited to, a combination nuclear medicine-computed
tomography device.
5-68.1-6.
Licensing by training and examination. (a) Any individual desiring to
become a licensed radiologic technologist shall make
application to the board on a written form
and in the manner that the board prescribes, shall pay
all the required application fees and shall
furnish evidence to the board that the applicant:
(1) Has successfully
completed a training program approved by the board;
(2) Has passed the
appropriate examination(s) given by the American Registry of
Radiologic Technologists, the Nuclear Medicine
Technology Certification Board or other
national organization specified in rules and regulations
adopted pursuant to this chapter; and
(b) Graduate
practice. Any graduate of a training program approved by the board who
has filed a completed application (including all
documents except for examination scores) for
licensing shall be recognized, upon receiving a receipt from
the director, as a graduate
technologist for a period not to exceed ninety (90) days from the
date on the application fee
receipt.
(1) This receipt
shall authorize the applicant to practice that branch of radiologic
technology specified on the application until the results of the
exam are distributed and acted
upon by the board, but in no case shall the authorized
period exceed ninety (90) days. During this
authorized period, the applicant shall identify him or herself
only as a "graduate technologist."
(2) If the applicant
fails to take the examination and receive a license, as specified in
subsection 5-68.1-6(a), during this authorized ninety (90) day
period or fails to pass the
examination, all authorization to practice as a graduate
technologist shall immediately become
null and void.
(3) Authorization to
practice as a graduate technologist shall only be granted by the board
to an individual for a single period not to exceed
ninety (90) days, and shall not be extended or
renewed.
5-68.1-7.
Licensing by endorsement. Any individual
desiring to become a licensed
radiologic technologist by endorsement shall make application to
the board on a written form and
in a manner that the board prescribes and shall pay all
the required application fees. The
applicant shall also furnish evidence to the board that he or
she holds a current certificate, license
or registration to practice radiologic technology in
another state, and the requirements for such
certificate, license or registration, as determined by the board,
are substantially equivalent to
those established under this chapter, and rules and
regulations promulgated pursuant to this
chapter.
5-68.1-8. Other licensing provisions. (a) Each radiologic technologist license issued
by the director shall only specify one category of
radiologic technology. An individual qualified
to practice more than one category of radiologic
technology shall submit a separate application
for each category to be licensed. Each radiologic
technologist license issued by the director shall
indicate, as appropriate, that the individual is a licensed
radiographer, a licensed nuclear medicine
technologist, a licensed radiation therapist, a licensed
radiologist assistant or other category of
radiologic technology license established by the director
pursuant to subsection 5-68.1-5(c).
(b) Unless licensed
as a radiologic technologist pursuant to this chapter, no individual
shall use any title or abbreviation to indicate that the
individual is a licensed radiologic
technologist.
(1) An individual
holding a license as a radiographer may use the title "Licensed
Radiologic Technologist-Radiographer"
or the letters "LRT-R" after his or her name.
(2) An individual
holding a license as a radiation therapy technologist may use the title
"Licensed Radiologic
Technologist-Therapy" or the letters "LRT-T" after his or her
name.
(3) An individual
holding a license as a nuclear medicine technologist may use the title
"Licensed Radiologic Technologist-Nuclear
Medicine" or the letters "LRT-N" after his or her
name.
(4) An individual holding
a license as a radiologist assistant may use the title "Licensed
Radiologist Assistant" or
the letters "LRA" after his or her name.
(c) A valid license
issued pursuant to this chapter shall be carried on the person of the
radiologic technologist while performing the duties for which
the license is required.
(d) Licenses, with
the exception of initial licenses, shall be issued for a period of two (2)
years.
(e) The director
shall promulgate rules and regulations which specify a renewal date for
all licenses issued pursuant to this chapter.
(f) The director
shall promulgate rules and regulations which specify the minimum
continuing education credits required for renewal of a
radiologic technologist license. Failure to
attest to completion of the minimum continuing education
credits shall constitute grounds for
revocation, suspension or refusal to renew the license.
5-68.1-9.
Special requirements pertaining to licensure of radiologist assistants.
(a)
The director shall promulgate rules and regulations
that delineate the specific duties allowed for a
licensed radiologist assistant. These duties shall be
consistent with guidelines adopted by the
American Registry of Radiologic Technologists, with
the level of supervision required by such
guidelines.
(b) A licensed
radiologist assistant is specifically not authorized to:
(1) Perform nuclear
medicine or radiation therapy procedures unless currently licensed
and trained to perform those duties under the
individual's nuclear medicine technologist or
radiation therapy technologist license;
(2) Interpret images;
(3) Make diagnoses;
and
(4) Prescribe medications
or therapies.
5-68.1-10.
Fees. (a) The
director, in consultation with the board, shall establish an
initial application fee that shall not exceed one hundred
seventy dollars ($170) and a license
renewal fee that shall be prescribed in rules and regulations
promulgated pursuant to section 5-
68.1-15.
(b) The proceeds of
any fees collected pursuant to the provisions of this chapter shall be
deposited in the general fund as general revenues.
5-68.1-11.
Denial, suspension, revocation and reinstatement of licenses.
(a) The
board may recommend refusal, suspension or revocation of
any license, in accordance with the
provisions of section 42-35, for any of the following causes:
(1) Having a
certificate, license or registration to practice radiologic technology revoked,
suspended, or otherwise acted against, including being denied
certification by a national
organization, by a specialty board recognized by the director, or
by a certification authority of
another state, territory or country;
(2) Fraud in the
procurement of any license under this chapter, including, but not limited
to, impersonating or acting a proxy for an applicant in
an examination for licensure in the field of
radiologic technology;
(3) Being convicted
or found guilty, regardless of adjudication, in any jurisdiction of a
crime that directly relates to the practice of radiologic
technology or to the ability to practice
radiologic technology. Pleading nolo contendere shall be considered a conviction for the purpose
of this provision.
(4) Incompetence or
engaging in negligent or unprofessional conduct, which includes, but
is not limited to, any departure from, or the failure to
conform to, the standards of practice of
radiologic technology as established by the director, in which
case actual injury need not be
established;
(5) Being unable to
practice radiologic technology with reasonable skill and safety to
patients by reason of illness or use of alcohol, drugs,
narcotics, chemicals, or other materials or as
a result of any mental or physical condition. A
licensee affected under this paragraph shall, at
reasonable intervals, be afforded an opportunity to demonstrate
that he or she can resume the
competent practice of radiologic technology with reasonable
skill and safety.
(6) Making or filing
a false report or record that the licensee knows to be false,
intentionally or negligently failing to file a report or record
required by state or federal law, or
willfully impeding or obstructing such filing or inducing
another to so. Such reports or records
include only those reports or records which are signed in the
capacity of the licensee.
(7) Violating, or aiding
or abetting any person to violate, any provision of this chapter,
any rule or regulation promulgated pursuant to this
chapter, or any lawful order of the director
previously entered in a disciplinary proceeding or failing to
comply with a lawfully issued
subpoena of the director.
(b)
Five (5) years from the date of revocation of a license under this chapter,
application
may be made for reinstatement, restoration or
modification of probation. The board has the
discretion to accept or reject any application for the
reinstatement.
5-68.1-12. Grounds
for discipline without hearing. The director may temporarily
suspend the license of a radiologic technologist without a
hearing if the director finds that
evidence in his or her possession indicates that a radiologic
technologist's continuation in practice
would constitute an immediate danger to the public. In the
event that the director temporarily
suspends the license of a radiologic technologist without a
hearing, a hearing by the board must
be held within ten (10) days after the suspension has
occurred.
5-68.1-13. Appeals
from board or director. An appeal from any decision or order of
the board or director may be taken in accordance with the
provisions of chapter 42-35.
5-68.1-14.
Penalties. A violation of any provision of
this chapter shall be punishable by
a civil fine of not less than three hundred dollars
($300) for the first offense. Each subsequent
offense shall be punishable by a fine of not less than five
hundred dollars ($500).
5-68.1-15.
Rules and regulations. The director is
authorized to promulgate rules and
regulations as are in accord with the purposes of this chapter,
and in accordance with the
provisions of chapter 42-35.
5-68.1-16.
Severability. If any provision of this
chapter, or of any rule or regulation
made under this chapter, or the application of this
chapter to any person or circumstances is held
invalid by a court of competent jurisdiction, the remainder of
the chapter, rule or regulation, and
the application of this provision to other persons or
circumstances, shall not be affected.
SECTION 3. This act shall take effect upon passage.
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LC00845/SUB A
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