Bill Summaries: H902 (2017-2018 Session)

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  • Summary date: Apr 26 2017 - View summary

    Enacts new GS Chapter 90, Article 43 (Radiologic Technologists and Radiation Therapists):

    New GS 90-735 titles the act.

    New GS 90-736 states finding that State citizens are entitled to the maximum protection practicable from improperly performed radiologic imaging and radiation therapy, and that these professions should be subject to standards of education and examinations for licensure.

    New GS 90-737 defines 18 terms as used in the Article.

    New GS 90-738 requires a person to be currently licensed under this Article to perform radiologic imaging or radiation therapy procedures on humans for diagnostic or therapeutic purposes. Prohibits persons or business entities from knowingly employing a person who does not hold a license or is not exempt under this Article to perform radiologic imaging or radiation therapy procedures on humans for diagnostic or therapeutic purposes. This Article does not limit or enlarge the practice of a licensed practitioner. Exempts nine classes of persons from the requirements of this Article, including licensed medical, dental, podiatric, or chiropractic practitioners performing radiologic imaging procedures or administering radiation therapy.

    New GS 90-739 directs the Radiologic Imaging and Radiation Therapy Board of Examiners (Board) to establish licensure standards for five listed radiologic imaging and radiation therapy modalities. Authorizes a licensee to use radioactive substances or equipment emitting ionizing radiation for radiologic imaging or radiation therapy procedures, when prescribed by an authorized individual, and under supervision of a licensed practitioner, and within the scope of their license as specified in this Article and under Board rules. Requires individuals licensed as limited X-ray machine operators to perform tasks only within the scope of the specific permit issued to them, under the supervision of a licensed practitioner or radiographer, and prohibits them from performing six types of procedures, including computed tomography. Requires individuals licensed to perform radiologic imaging and radiation therapy who perform computed tomography for diagnostic purposes to be certified in computed tomography by a Board-recognized certification organization, effective January 1, 2021. Authorizes two classes of persons to perform computed tomography for specified purposes, and one class of persons to perform fluoroscopy and bone densitometry. Prohibits licensed radiologist assistants from interpreting images, making diagnoses, or prescribing medication or therapy.

    New GS 90-740 establishes the Board, with seven members appointed by the Governor. Provides required qualifications of board members, and terms of office. Provides for staffing, compensation, and administration of the Board.

    New GS 90-741 provides the Board with 16 listed powers, including the power to administer this Article.

    New GS 90-742 provides requirements for persons seeking to obtain a license for a radiologic imaging or radiation therapy modality, including that the applicant pass a Board-established or Board-approved examination. Provides specific additional requirements for Radiologist Assistant and Limited X-Ray Machine Operator Licenses, and specifies the areas of the body for which permits limiting the Limited X-Ray Machine Operator Licenses may be issued. Requires a person holding a license or permit under this Article to notify the Board in writing within 90 days of any name or address change. Requires a licensee to notify the Board within 30 days of any failure to maintain a required certification and registration by a certification organization, or any legal or disciplinary action other than minor traffic infractions, or proceedings for acts that would constitute grounds for refusal to issue or renew suspension, revocation, or other discipline by any of seven listed government or professional entities.

    New GS 90-743 directs the Board to accept current certification and registration by a certification organization as meeting examination requirements for nuclear medicine technology, radiation therapy, radiography, and radiologist assistants. Directs the Board to use a specific examination for persons applying for a limited X-ray machine operator license and permit for specified body areas, and to determine what a passing score on that examination would be. Authorizes the Board to accept certification and registration from the American Chiropractic Registry of Radiologic Technologists for limited X-ray machine operator licenses and permits in spine radiography, and certification from the American Society of Podiatric Medical Assistants for limited X-ray operator licenses and permits in podiatric radiography, as meeting examination requirements.

    New GS 90-744 directs the Board to issue a license to an applicant who meets the licensure requirements in this Article and in Board regulations, upon payment of a fee. Authorizes the Board to issue a license with authorization to perform more than one radiologic imaging or radiation therapy modality. Authorizes the Board to issue temporary licenses to persons whose license or renewal may be pending, or for providing radiologic imaging or radiation therapy services to medically underserved areas. Authorizes provisional licenses for new graduates awaiting national certification, not to exceed one year. Authorizes temporary, three-year licenses for licensees completing clinical experience requirements for additional modalities as established or approved by the Board. Requires all licensees to maintain their licenses at their places of employment.

    New GS 90-745 provides requirements for educational programs in radiologic imaging or radiation therapy, including who may offer such programs, and curriculum requirements.

    New GS 90-746 provides for license renewal every two years, upon payment of a renewal fee, if the applicant is not in violation of the Article and has complied with specified continuing education requirements. Directs the Board to notify licensees at least 60 days in advance of the expiration of a license. Licenses that are not renewed automatically lapse. Authorizes the Board to provide for late renewal of automatically lapsed licenses upon payment of a reinstatement fee.

    New GS 90-747 authorizes the Board to issue a license to a person who has been licensed, registered, or certified in another jurisdiction, if that jurisdiction's standards are substantially equivalent to those in this Article and under Board rules.

    New GS 90-748 provides a schedule of fees that the Board may charge, to be adopted by rule and used to pay expenses incurred in carrying out this Article.

    New GS 90-749 authorizes the Board to deny, suspend, revoke, or refuse to renew a license or impose probationary conditions on a license, if the licensee or applicant has engaged in any of eight listed conducts, including obtaining a license by fraud, misrepresentation, or concealment of material facts. Requires a hearing under GS Chapter 150B prior to the disciplinary action, and provides for application for reinstatement of a revoked licensed after two years.

    New GS 90-750 makes violation of this Article a Class 1 misdemeanor.

    New GS 90-751 authorizes the Board to apply to a court for an order enjoining violation of this Article, and authorizes the court to grant an injunction or take any other appropriate action.

    New GS 90-752 is a severability clause.

    Provides that the initial appointees to the Board do not need to meet the licensure requirements under this Act, so long as they apply and obtain a license from the board within 90 days after the Board begins issuing licenses.

    Authorizes persons other than radiologist assistants who have been engaged in the practice of radiologic imaging and radiation therapy and who do not hold a current registration from a voluntary professional certification organization approved by the Board to continue to practice in the modality in which they are currently employed provided that they register with the Board by October 1, 2018, do not change the scope of their current practice, complete all continuing education requirements, practice only under the supervision of a licensed practitioner, and obtain a license from the Board by October 1, 2022.

    New GS Chapter 90, Article 43, is effective January 1, 2018. The remainder of the bill is effective when it becomes law.