SB171 By Senator Beasley RFD Healthcare Rd 1 11-FEB-20

SYNOPSIS: This bill would provide for the licensing and regulation by the State Radiation Control Agency of health care personnel performing radiologic imaging or radiation therapy for diagnostic or therapeutic purposes.

A BILL TO BE ENTITLED AN ACT

Relating to health; to provide for the licensure and regulation by the State Radiation Control Agency of health care personnel performing radiologic imaging or radiation therapy for diagnostic or therapeutic purposes.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. For the purposes of this act, the following words have the following meanings:

(1) ADVISORY COMMITTEE. The Radiologic Imaging and Radiation Therapy Advisory Committee.

(2) AGENCY. The State Radiation Control Agency.

(3) CERTIFICATION ORGANIZATION. A certification organization that specializes in the certification and registration of radiologic imaging or radiation therapy technical personnel that is accredited by the National Commission for Certifying Agencies, American National Standards Institute, the International Organization for Standardization, or other accreditation organization that accredits certification organizations recognized by the agency.

(4) FLUOROSCOPY. The exposure of a patient to x-rays in a fluoroscopy mode, including positioning the patient and fluoroscopy equipment and the selection of exposure factors.

(5) IONIZING RADIATION. Radiation that may consist of alpha particles, beta particles, gamma rays, x-rays, neutrons, high-speed electrons, high-speed protons, or other particles capable of producing ions. Ionizing radiation does not include non-ionizing radiation, such as radiofrequency or microwaves, visible infrared or ultraviolet light, or ultrasound.

(6) LICENSED PRACTITIONER. A person licensed to practice medicine, chiropractic medicine, podiatry, or dentistry in this state with education and specialist training in the medical or dental use of radiation who is deemed competent to independently perform or supervise radiologic imaging or radiation therapy procedures by their respective state licensure boards.

(7) LIMITED X-RAY MACHINE OPERATOR. A person who is licensed to perform only x-ray procedures not involving the administration or utilization of contrast media or fluoroscopy on selected specific parts of human anatomy under the supervision of a licensed practitioner or radiographer.

(8) NUCLEAR MEDICINE TECHNOLOGIST. A person who is licensed to perform a variety of nuclear medicine and molecular imaging procedures using sealed and unsealed radiation sources, ionizing radiation, adjunctive medicine and pharmaceuticals associated with nuclear medicine procedures, preparation of radiopharmaceuticals, and therapeutic procedures using unsealed radioactive sources.

(9) RADIATION THERAPIST. A person who is licensed to administer ionizing radiation to human beings for therapeutic purposes.

(10) RADIOGRAPHER. A person who is licensed to perform a comprehensive set of diagnostic or interventional radiographic procedures using external ionizing radiation to produce radiographic, fluoroscopic, or digital images.

(11) RADIOLOGIC IMAGING. Any procedure or article intended for use in the diagnosis or visualization of disease or other medical conditions in human beings, including, but not limited to computed tomography, fluoroscopy, nuclear medicine, radiography, and other procedures using ionizing radiation.

Section 2. (a) Except as provided in this section, after January 1, 2021, only a person licensed under this act or a licensed practitioner may perform radiologic imaging or radiation therapy procedures on humans for diagnostic or therapeutic purposes.

(b) The agency shall issue licenses to persons certified by a certification organization to perform nuclear medicine technology, radiation therapy, radiography, and to limited x-ray machine operators meeting licensure standards established by the board.

(c) No person, corporation, or facility shall knowingly employ a person who does not hold a license or who is not authorized under this act to perform radiologic imaging or radiation therapy procedures.

(d) Nothing in this act relating to radiologic imaging or radiation therapy shall limit or enlarge the practice of a licensed practitioner.

(e) This act shall not apply to the following:

(1) A dental hygienist or dental assistant currently licensed by this state.

(2) A physician in a residency program or a student enrolled in and attending a school or college of medicine, dentistry, chiropractic, podiatry, radiologic imaging, or radiation therapy who performs radiologic imaging or radiation therapy procedures on humans under the supervision of a licensed practitioner or a person holding a nuclear medicine technologist, radiation therapist, or radiographer license.

(3) A person who is employed by the United States government when performing radiologic imaging or radiation therapy associated with that employment.

(4) A person performing radiologic imaging procedures on nonhuman subjects or cadavers.

Section 3. (a) The State Radiation Control Agency shall establish a Radiologic Imaging and Radiation Therapy Advisory Committee. The advisory committee shall consist of five members appointed by the Governor, a majority of whom shall be individuals licensed under this section. The advisory committee shall guide, advise, and make recommendations to the agency. The agency shall provide administrative support to the committee.

(b) The agency, based on recommendations, guidance, and advice from the advisory committee, shall do all of the following:

(1) Establish the scope of practice for limited x-ray machine operators, nuclear medicine technologists, radiation therapists, and radiographers.

(2) Adopt rules for issuance of licenses.

(3) Establish minimum requirements for the issuance of licenses and recognition of licenses issued by other states.

(4) Set fees and requirements for the issuance of new licenses and renewal of licenses.

(5) Contract to use an examination for determination of limited x-ray machine operator qualifications for licensure.

(6) Provide for the acceptance of certification and registration by a certification organization recognized by the board as qualification for licensure.

(7) Provide for the issuance of licenses to retired military personnel and spouses of active duty military personnel.

(8) Provide for the denial, suspension, revocation, or refusal to renew a license.

(c) The agency may create alternative licensure requirements for areas of the state that the agency deems too remote to contain a sufficient number of qualified persons licensed under this act to perform radiologic imaging or radiation therapy procedures.

(d) All fees payable pursuant to this act shall be collected by the agency and shall be deposited in the State Treasury to the credit of a fund to be known as the Radiologic Imaging and Radiation Therapy Fund. Money in the fund may be expended upon appropriation by the Legislature for the sole purpose of carrying out this act. Any money in the fund at the end of a fiscal year shall be carried over in the fund from year-to-year and shall not revert to the State General Fund at the end of the fiscal year.

Section 4. (a) At the time of the application, each applicant for licensure shall be at least 18 years of age.

(b) The agency shall accept nuclear medicine technology, radiation therapy, or radiography certification and registration by a certification organization recognized by the board as qualification for licensure.

(c) The agency may issue limited x-ray machine operator licenses in all of the following areas:

(1) Chest radiography: Radiography of the thorax, heart, and lungs.

(2) Extremity radiography: Radiography of the upper and lower extremities, including the pectoral girdle.

(3) Spine radiography: Radiography of the vertebral column.

(4) Skull/sinus radiography: Radiography of the skull and facial structures.

(5) Podiatric radiography: Radiography of the foot, ankle, and lower leg below the knee.

(6) Bone densitometry: Measurement of bone mass by means of radiation absorption by a skeleton or part of a skeleton.

(d) The agency may accept certification from the American Chiropractic Registry of Radiologic Technologists for persons applying for a limited x-ray machine operator license in spine radiography.

(e) The agency may accept certification from the American Society of Podiatric Medical Assistants for persons applying for a limited x-ray machine operator license in podiatric radiography.

Section 5. The agency may assess a civil penalty not in excess of two hundred dollars ($200) for the violation of this act or the violation of any rule adopted by the agency. The proceeds of any civil penalty assessed under this act shall be remitted to the credit of the Radiologic Imaging and Radiation Therapy Fund.

Section 6. A person who has been engaged in the practice of radiologic imaging and radiation therapy and who does not hold a current certification and registration by a certification organization recognized by the board may continue to practice in the radiologic imaging or radiation therapy modality in which he or she is currently employed, provided the person does all of the following:

(1) Registers with the agency on or before January 1, 2021.

(2) Does not change the scope of his or her current practice or current place of employment.

(3) Completes all continuing education requirements for his or her practice area biennially as prescribed by the agency.

(4) Practices only under the supervision of a licensed practitioner.

(5) Meets all certification requirements of this act and the rules adopted by the agency and obtain a license from the agency pursuant to this act on or before January 1, 2024.

Section 7. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Health

Radiation Control Agency, State

Public Health Department

Licenses and Licensing

Radiology

Physicians