PRINTER'S NO. 3115
No. 2302 Session of 1990
INTRODUCED BY JAROLIN, STUBAN, CHADWICK, KOSINSKI, PESCI, STISH,
FREEMAN, DALEY, RYBAK, MORRIS, RUDY, COWELL, BELARDI, MELIO,
STEIGHNER, MAINE, TIGUE, McHALE, F. TAYLOR, COHEN, ROBINSON,
WAMBACH, McCALL, LAUGHLIN, DOMBROWSKI AND KUKOVICH,
MARCH 12, 1990
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 12, 1990
AN ACT
1 Providing for the regulation and licensure of radiologic
2 technologists; establishing the Radiologic Technology Board
3 of Examiners; and providing penalties and discipline.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Medical
8 Radiation Health and Safety Act.
9 Section 2. Findings and declaration of policy.
10 The General Assembly hereby finds and declares as follows:
11 (1) The citizens of this Commonwealth are entitled to
12 the maximum protection practicable from the harmful effects
13 of excessive and improper exposure to ionizing radiation.
14 (2) The protection can be increased by requiring
15 appropriate education and training of persons operating
16 medical and dental equipment emitting ionizing radiation.
17 (3) It is therefore necessary to establish standards of
1 education and training for those who apply ionizing radiation
2 for diagnostic or therapeutic purposes and to provide for
3 appropriate examination and licensure.
4 Section 3. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Board." The Radiologic Technology Board of Examiners
9 created by this act.
10 "Dental radiographer." A person, other than a licensed
11 practitioner, whose duties are restricted to radiography of the
12 maxilla and mandible for diagnostic purposes.
13 "License." A certificate issued by the board authorizing the
14 licensee to use radioactive materials or equipment emitting
15 ionizing radiation on humans for diagnostic or therapeutic
16 purposes in accordance with the provisions of this act.
17 "Licensed practitioner." A person licensed to practice
18 medicine, dentistry, podiatry, chiropractic or osteopathy in
19 this Commonwealth.
20 "Limited radiographer." A person, other than a licensed
21 practitioner, who is limited in applying ionizing radiation for
22 diagnostic purposes to specific areas of the human body,
23 including the chest, extremities, spine and skull.
24 "Nuclear medicine technologist." A person, other than a
25 licensed practitioner, who uses radiopharmaceutical agents on
26 humans for diagnostic or therapeutic purposes.
27 "Public member." A person who is a resident of this
28 Commonwealth and is proficient in educational testing and
29 measurements, but who is not a licensed practitioner, radiologic
30 technologist or dental radiographer under this act.
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1 "Radiation therapy technologist." A person, other than a
2 licensed practitioner, who applies radiation to humans for
3 therapeutic purposes.
4 "Radiographer." A person, other than a licensed
5 practitioner, who applies radiation to humans for diagnostic
6 purposes.
7 "Radiologic technologist." A person who is a radiographer,
8 radiation therapy technologist or nuclear medicine technologist
9 licensed under this act.
10 "Radiologic technology." The use of a radioactive substance
11 or equipment emitting ionizing radiation on humans for
12 diagnostic or therapeutic purposes.
13 "Radiological physicist." A person who is certified by the
14 American Board of Radiology in radiological physics or one of
15 the subspecialties of radiological physics or who is eligible
16 for such certification.
17 "Radiologist." A physician certified by the American Board
18 of Radiology, the American Osteopathic Board of Radiology, the
19 British Royal College of Radiology or the Canadian College of
20 Physicians and Surgeons.
21 "Temporary license." A certificate issued by the board
22 authorizing an applicant to use radioactive material or
23 equipment emitting ionizing radiation on humans for diagnostic
24 or therapeutic purposes, when his licensure or relicensure is
25 pending before the board and when the issuance may be justified
26 by special circumstances as determined by the board.
27 Section 4. Legal titles and license limitations.
28 (a) Use of radiation prohibited.--No person other than a
29 licensed practitioner, radiologic technologist or dental
30 radiographer shall use ionizing radiation or other forms of
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1 radiant energy on humans for diagnostic or therapeutic purposes.
2 (b) Board to establish licensure standards.--The board shall
3 establish licensure standards for radiographers, radiation
4 therapy technologists, nuclear medicine technologists, dental
5 radiographers, limited radiographers and temporary license
6 holders.
7 (c) Prescription required.--A person holding a license under
8 this act shall use radioactive substances or equipment emitting
9 radiation on humans for diagnostic or therapeutic purposes only
10 by prescription of a licensed practitioner and only if the
11 application of a substance or the use of equipment is limited in
12 a manner specified in this act.
13 (d) Practice of a licensed practitioner not affected.--
14 Nothing in the provisions of this act relating to radiologic
15 technology or dental radiography shall limit, enlarge or affect
16 the practice of licensed practitioners described in this act.
17 (e) License not required for certain persons.--The
18 requirement of a license shall not apply to a resident physician
19 or a student who was enrolled in and attending a school or
20 college of medicine, osteopathy, chiropractic, podiatry,
21 dentistry or radiologic technology and who applied ionizing
22 radiation to humans while under the supervision of a license
23 radiologic technologist.
24 Section 5. Radiologic Technology Board of Examiners.
25 (a) Composition of board.--The board shall consist of 13
26 members appointed by the Governor. They shall be residents of
27 this Commonwealth. Among the board members shall be six
28 radiologic technologists, four of whom shall be radiographers,
29 one of whom shall be a radiation therapy technologist, one of
30 whom shall be a nuclear medicine technologist, and all of whom
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1 shall have current certification issued by the American Registry
2 of Radiologic Technologists or the Nuclear Medicine
3 Technologists Certification Board or other recognized certifying
4 agencies; two radiologists, both of whom shall hold current
5 certification issued by the American Board of Radiology-Nuclear
6 Radiology, the American Board of Nuclear Medicine, the American
7 Board of Pathology-Isotopic Pathology or an equivalent
8 certifying agency; two other licensed practitioners; one
9 radiological physicist; one dental radiographer; and one public
10 member proficient in educational testing and measurements. All
11 members of the board other than the public members shall hold
12 valid national certification in their given fields at the time
13 of their appointment.
14 (b) Terms of office.--The terms of office of the members
15 shall be three years, except that, of the first members
16 appointed, four shall be appointed for a term of one year, four
17 for a term of two years and five for a term of three years. A
18 vacancy shall be filled for an unexpired term only in the manner
19 provided for original appointment.
20 (c) Technologists to hold valid license.--Radiologic
21 technologists appointed to the board for terms beginning 36
22 months following issuance by the board of a license in any
23 category shall hold a valid license in a category established by
24 the board.
25 (d) Compensation and expenses.--Members of the board shall
26 not be compensated. They shall be reimbursed for necessary and
27 reasonable expenses incurred in the performance of their
28 official duties.
29 (e) Secretary to be designated.--The Secretary of Health
30 shall designate an officer or employee of this Commonwealth, who
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1 shall not be a member of the board, to act as secretary of the
2 board. The Secretary of Health shall furnish staff, logistics,
3 budget and other support to the board as appropriate.
4 (f) Public member.--No public member shall have any
5 relationship or association with a licensed practitioner,
6 radiologic technologist or dental radiographer which would
7 prevent or in any way hinder the public member in representing
8 the interest of the public.
9 (g) Meetings.--The board, for administrative purposes, shall
10 meet at least every three months at times and places of its
11 choosing. The first meeting of the board shall be for
12 organizational purposes only and to set forth the board's
13 responsibilities and rules and regulations.
14 (h) Quorum.--A majority of the voting members of the board
15 shall constitute a quorum. No action may be taken by the board
16 except by affirmative vote of the majority of those present and
17 voting.
18 (i) Board to implement policies.--The board shall have the
19 responsibility for setting and implementing policies for
20 licensing individuals, accrediting programs, imposing discipline
21 and hearing appeals.
22 Section 6. Licensing requirements.
23 (a) General rule.--The board shall admit to examination for
24 licensure any applicant who pays a nonrefundable fee established
25 by rule of the board and submits satisfactory evidence, verified
26 by oath or affirmation, that the applicant:
27 (1) At the time of application is at least 18 years of
28 age.
29 (2) Has successfully completed a four-year course of
30 study in a secondary school approved by the Department of
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1 Education or has passed an approved equivalency test.
2 (b) Courses of study.--
3 (1) In addition to meeting the requirements of
4 subsection (a), each applicant for a license as a
5 radiographer, radiation therapy technologist, nuclear
6 medicine technologist, dental radiographer or limited
7 radiographer shall have satisfactorily completed a course of
8 study in radiography, radiation therapy, nuclear medicine,
9 dental radiography or limited radiography, respectively, to
10 be determined by the board.
11 (2) The curriculum for each course of study shall be
12 formulated by the board in accordance with such national
13 criteria as are established by the Committee on Allied Health
14 Education and Accreditation (CAHEA), provided that the
15 standards are not in conflict with board policy.
16 (c) Board to establish criteria and standards.--The board
17 shall establish criteria and standards for educational programs
18 in radiologic technology within this Commonwealth and shall
19 approve these programs upon finding that the criteria and
20 standards have been met.
21 (d) Requirements for dental radiography.--
22 (1) In addition to the requirements of this section, a
23 person seeking a license in dental radiography shall have
24 satisfactorily completed a course of study for dental
25 radiography, or its equivalent, as determined by the board.
26 (2) The curriculum for this course of study may follow,
27 and shall be no less stringent than, the standards approved
28 by the section on Oral Radiology of the American Association
29 of Dental Schools, provided that these standards are not in
30 conflict with board policy.
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1 (e) Requirements for limited radiography.--
2 (1) In addition to meeting the requirements under this
3 section, a person seeking a license in limited radiography
4 shall have satisfactorily completed a course of study for
5 limited radiography, as determined by the board.
6 (2) The curriculum for this course of study shall
7 include basic instruction in patient care, radiologic
8 physics, radiologic technique, anatomy and positioning, film
9 critique and quality assurance, as well as a clinical
10 practicum. The board shall determine the number of hours of
11 instruction required in each of the areas.
12 Section 7. Program accreditation.
13 (a) Program to be offered by institutions.--An approved
14 program of radiologic technology may be offered by a medical or
15 dental facility or educational institution or other public or
16 private agency or institution. The program shall be affiliated
17 with one or more hospitals or dental schools that, in the
18 opinion of the board, provide the requisite clinical education.
19 (b) Regulations.--The board shall, by regulation:
20 (1) Adopt procedures for an educational program to
21 follow for accreditation.
22 (2) Provide a process for review of such accreditation
23 and approval by a recognized national voluntary accrediting
24 organization.
25 Section 8. Examinations.
26 (a) Applicants to pass examination.--Each applicant for
27 licensure shall be required to pass a license examination
28 designated and approved by the board.
29 (b) Holding of examination.--The board shall hold an
30 examination at least every six months at times and places
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1 determined by the board.
2 (c) Reapplication.--An applicant who fails to pass the
3 examination may reapply for the examination, provided that the
4 applicant complies with the regulations established by the
5 board.
6 (d) Current certification in lieu of examination.--The board
7 shall accept, in lieu of its own examination, a current
8 certificate issued by the American Registry of Radiologic
9 Technologists - Nuclear Medicine or the Nuclear Medicine
10 Technologists Certification Board, or by another recognized
11 national voluntary credentialing body, issued on the basis of an
12 examination satisfactory to the board, provided that the
13 standards of that body are at least as stringent as those
14 established by the board.
15 (e) Out-of-State certification accepted.--The board may
16 accept, in lieu of its own examination, a current certification,
17 registration or license as a radiologic technologist issued by
18 another state, provided that the standards in the other states
19 are at least as stringent as those established by the board.
20 (f) Dental board certification accepted.--The board may
21 accept, in lieu of an examination, a current certificate issued
22 on the basis of a satisfactory completion of the certification
23 examination given by the Dental Assisting National Board, Inc.,
24 or the National Board of Dental Examiners, provided that the
25 standards of either national board are at least as stringent as
26 those established by the board.
27 (g) Examination not required.--The board shall accept, in
28 lieu of an examination, a current certificate issued by a
29 recognized national voluntary credentialing body which is held
30 by a person in the person's specific area of radiologic
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1 technology on the effective date of this act.
2 Section 9. License.
3 (a) License may be issued.--The board may issue a license to
4 reach applicant who has either successfully passed the
5 examination or qualified under the provisions of this act and
6 who has paid the prescribed fees.
7 (b) Temporary license.--The board may, at its discretion,
8 issue a temporary license to any person whose licensure or
9 relicensure may be pending and when issuance may be justified by
10 special circumstances. A temporary license shall be issued only
11 if the board finds that it will not violate the purposes of this
12 act or endanger the public health and safety. A temporary
13 license shall expire 90 days after the date of the next
14 examination if the applicant is required to take the
15 examination, or, if the application does not take the
16 examination, then on the date of the examination. In all other
17 cases, a temporary license shall expire when the determination
18 is made either to issue or deny the applicant a regular license,
19 and in no event shall a temporary license be issued for a period
20 longer than 180 days.
21 (c) Certain persons to be issued licenses.--For a period not
22 to exceed two years from the effective date of this act, the
23 board shall issue a radiation therapy technologists license upon
24 payment of the prescribed fees to a person who is certified in
25 radiography by the American Registry of Radiologic Technology
26 and who has practiced radiation therapy uninterrupted for a
27 minimum of the immediately preceding past five years.
28 (d) License to be displayed.--A holder of a license under
29 this act shall display the official license document or a
30 verified copy in each place of regular employment.
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1 (e) Renewal.--A license shall be renewed by the board for a
2 period of two years upon payment of a renewal fee set by the
3 board and upon presentation of evidence of continuing education.
4 Continuing education requirements shall be set by regulation.
5 (f) Lapsed licenses.--A radiologic technologist whose
6 license has lapsed and who has ceased activities as a radiologic
7 technologist for more than five years may apply for relicensure
8 upon payment of a fee set by the board. Continuing education
9 requirements may also be set by regulation.
10 Section 10. Discipline.
11 (a) Suspension or revocation of license.--The license of a
12 radiologic technologist may be suspended or revoked, or the
13 individual may be censured, reprimanded or otherwise sanctioned,
14 by the board in accordance with the provisions and procedures of
15 this act, if, after due process, it is found that the
16 individual:
17 (1) Is guilty of fraud or deceit in the procurement or
18 holding of the license.
19 (2) Has been convicted of a felony in a court of
20 competent jurisdiction, either inside or outside this
21 Commonwealth, unless the conviction has been reversed and the
22 holder has been discharged or acquitted, or unless the holder
23 has been pardoned with full restoration of civil rights, in
24 which case the license shall be restored.
25 (3) Is or has been afflicted with any medical problem,
26 disability or addiction which, in the opinion of the board,
27 would impair professional competence.
28 (4) Has aided or abetted a person who is not a medical
29 or dental radiologic technologist, or who is not otherwise
30 authorized, to perform the duties of a license holder.
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1 (5) Has undertaken or engaged in any practice beyond the
2 scope or duties permitted a license holder under this act.
3 (6) Has impersonated a license holder or former license
4 holder or is performing the duties of a radiologic
5 technologist under an assumed name.
6 (7) Has been found guilty of violation of a code of
7 ethics which the board may establish by regulation.
8 (8) Has applied ionizing radiation without supervision
9 of a licensed practitioner or licensed radiologic
10 technologist.
11 (9) Has interpreted a diagnostic image for a physician,
12 a patient, the patient's family or the public.
13 (10) Is or has been found guilty of incompetence or
14 negligence in performance as a license holder.
15 (b) Institution of proceedings.--Proceedings against the
16 holder of a license under this act shall be instituted by filing
17 a written charge or charges with the board. The charge or
18 charges may be brought by a person, corporation, association or
19 public officer of the board. The chairman of the board shall
20 appoint a committee of three members of the board to examine the
21 charge or charges and prepare a written recommendation to the
22 board stating whether the charge or charges shall be dismissed
23 or brought against a license under this act. If a majority of
24 the board, voting by secret ballot, chooses to dismiss the
25 charges, no further action shall be taken. If a majority of the
26 board, voting by secret ballot, determines that the charge or
27 charges contain sufficient merit, the chairman shall set a time
28 and place for a hearing. A copy of the charge or charges,
29 together with a notice of the hearing, shall be served upon the
30 person charged, in person or by certified mail, at least 30 days
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1 before the date set for the hearing. The accused shall have the
2 right to appear at the hearing, with counsel, to answer the
3 charge or charges, cross-examine witnesses, and produce evidence
4 and witnesses in his defense. The board shall have the power to
5 issue subpoenas for the appearance of witnesses and to take
6 testimony under oath. The hearing shall be open to the public.
7 Upon the conclusion of the hearing, the board shall meet in
8 executive session to render a judgment on the guilt or innocence
9 of the accused on the charge or charges. If a majority of the
10 board, voting by secret ballot, determines that the accused is
11 innocent of the charge or charges, all parties to the hearing
12 shall be notified by certified mail, and no further action shall
13 be taken. If the majority of the board, voting by secret ballot,
14 determines that the accused is guilty of the charge or charges,
15 all parties to the hearing shall be notified by certified mail.
16 By a majority vote through secret ballot, the board shall then
17 issue an order suspending or revoking the license of the
18 accused, or shall otherwise impose disciplinary action it
19 considers appropriate.
20 (c) Regulation.--The board shall implement this section by
21 regulation.
22 (d) Time for appeal.--Appeals to the board's order imposing
23 disciplinary action shall be made to the board within 30 days of
24 its ruling.
25 (e) Reapplication for revoked license.--When the license of
26 any person has been revoked, reapplication to the board may be
27 made no sooner than two years after the date of the board's
28 order revoking the license.
29 (f) Employment of unlicensed person prohibited.--No person
30 shall knowingly employ, as a radiographer, radiation therapy
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1 technologist or nuclear medicine technologist, any person who
2 does not hold a license under this act.
3 (g) Penalties.--Any person who violates any provision of
4 this act, or any rule or order made pursuant to this act, shall
5 be subject to a fine of not more than $1,000.
6 Section 11. Severability.
7 The provisions of this act are severable. If any provision of
8 this act or its application to any person or circumstance is
9 held invalid, the invalidity shall not affect other provisions
10 or applications of this act which can be given effect without
11 the invalid provision or application.
12 Section 12. Effective date.
13 This act shall take effect January 1, 1990, or immediately,
14 whichever is later.
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