California Assembly Bill AB1092 Amended / Bill

 BILL NUMBER: AB 1092AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Mullin FEBRUARY 27, 2015 An act to  amend Section 114870 of   add Article 5.7 (commencing with Section 107120) to Chapter 4 of Part 1 of Division 104 of  the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 1092, as amended, Mullin.  Public health: radiologic   Magnetic resonance imaging  technologists. Existing law provides for the certification and regulation of radiologic technologists by the State Department of Public Health. Existing law authorizes the department to adopt regulations to implement those provisions, as specified. Existing law authorizes the department to charge a fee for a certificate issued under those provisions. Existing law requires a fee collected under those provisions to be deposited into the Radiation Control Fund, subject to appropriation by the Legislature. A violation of those provisions is a crime. This bill would  make technical, nonsubstantive changes to that provision.   provide for the licensure of Magnetic Resonance Imaging (MRI) technologists   and would make it a misdemeanor to operate a magnetic resonance imaging machine in this state without a license, except as provided. The bill would authorize a person licensed pursuant to these provisions to use the title Licensed MRI Technologist (LMRIT) and would make it a misdemeanor to use that title without a license. By creating new crimes, this bill would impose a state-mandated local program.   The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that no reimbursement is required by this act for a specified reason.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Article 5.7 (commencing with Section 107120) is added to Chapter 4 of Part 1 of Division 104 of the   Health and Safety Code   , to read:   Article 5.7. Magnetic Resonance Imaging Technologists 107120. (a) A person shall not operate a magnetic resonance imaging machine in this state without a license issued pursuant to this article. Violation of this provision is a misdemeanor. (b) This section does not apply to any of the following: (1) A licentiate of the healing arts. (2) Students in an approved school for MRI technologists or other licentiates of the healing arts where the instructor is a licensed MRI technologist. (3) A person employed by an agency of the United States government while performing the duties of that employment. 107121. For purposes of this article, the following definitions shall apply: (a) "Department" means the State Department of Public Health. (b) "MRI" means magnetic resonance imaging. (c) "MRI technologist" means a person who operates MRI equipment to produce cross sectional images of a patient's body for diagnostic purposes. 107122. (a) The department shall license a person as an MRI technologist who fulfills all of the following requirements: (1) Completes and turns in to the department an application for licensure on a form prescribed by the department. (2) Pays the fee required for licensure as specified in subdivision (c). (3) Is certified by either the American Registry of Magnetic Resonance Imaging Technologists (ARMRIT) or the American Registry of Radiologic Technologists - MRI specialty (ARRT). (b) A license as an MRI technologist is effective for one year and may be renewed annually pursuant to a process prescribed by the department. (c) The department shall set a fee for initial licensure and renewal of an MRI technologist license at an amount no greater than the amount reasonably sufficient to cover the administrative costs of the licensing program. 107123. A person licensed pursuant to this article may use the title Licensed MRI Technologist (LMRIT). Any other person using that designation shall be guilty of a misdemeanor. 107124. A license as an MRI technologist may be denied, revoked, or suspended by the department for any of the following reasons: (a) Habitual intemperance in the use of alcoholic beverages, narcotics, or stimulants to the extent that the person is incapacitated for the performance of his or her professional duties. (b) Incompetence or gross negligence in performing MRI technologist functions. (c) Conviction of practicing one of the healing arts without a license in violation of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (d) Procuring a license by fraud, misrepresentation, or mistake. (e) Use of the title of Licensed MRI Technologist by one not entitled to that use. (f) Nonpayment of fees pursuant to subdivision (c) of Section 107122. (g) (1) Conviction, either within the state or elsewhere, of a misdemeanor or felony involving moral turpitude, that was committed during the performance of MRI technologist duties. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge is deemed a conviction for this purpose. (2) Upon the recommendation, of either the court that imposed or suspended sentence or the parole or probation authority having jurisdiction of the person, that the person has responded to the correctional and rehabilitative process to a degree that might warrant waiver of the provisions of this subdivision, the department may, at its discretion, take no action pursuant to this subdivision.   SEC. 2.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   SECTION 1.   Section 114870 of the Health and Safety Code is amended to read: 114870. The department shall do all of the following: (a) Upon recommendation of the committee, adopt regulations as may be necessary to accomplish the purposes of this chapter. (b) (1) Provide for the certification of radiologic technologists, without limitation as to procedures or areas of application, except as provided in Section 106980. Separate certificates shall be provided for diagnostic radiologic technology, for mammographic radiologic technology, and for therapeutic radiologic technology. If a person has received accreditation to perform mammography from a private accreditation organization, the department shall consider this accreditation when deciding to issue a mammographic radiologic technology certificate. (2) Provide, upon recommendation of the committee, that a radiologic technologist who operates digital radiography equipment devote a portion of his or her continuing education credit hours to continuing education in digital radiologic technology. (c) (1) (A) Provide, as may be deemed appropriate, for issuing limited permits to persons to conduct radiologic technology limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, except for mammography, prescribe minimum standards of training and experience for these persons, and prescribe procedures for examining applicants for limited permits. The minimum standards shall include a requirement that persons issued limited permits under this subdivision shall meet those fundamental requirements in basic radiological health training and knowledge similar to those required for persons certified under subdivision (b) as the department determines are reasonably necessary for the protection of the health and safety of the public. (B) Provide that an applicant for approval as a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, shall have at least 50 hours of education in radiological protection and safety. The department may allocate these hours as it deems appropriate. (2) Provide that a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, may perform digital radiography within their respective scopes of practice after completion of 20 hours or more of instruction in digital radiologic technology approved by the department. This requirement shall not be construed to preclude limited permit X-ray technicians in the categories of dental laboratory radiography and X-ray bone densitometry from performing digital radiography upon meeting the educational requirements determined by the department. (3) Provide, upon recommendation of the committee, that a limited permit X-ray technician who has completed the initial instruction described in paragraph (2) devote a portion of his or her required continuing education credit hours to additional continuing instruction in digital radiologic technology. (d) Provide for the approval of schools for radiologic technologists. Schools for radiologic technologists shall include 20 hours of approved instruction in digital radiography. The department may exempt a school from this requirement as it deems appropriate. (e) Provide, upon recommendation of the committee, for certification of licentiates of the healing arts to supervise the operation of X-ray machines or to operate X-ray machines, or both, prescribe minimum standards of training and experience for these licentiates of the healing arts, and prescribe procedures for examining applicants for certification. This certification may limit the use of X-rays to certain X-ray procedures and the application of X-rays to specific areas of the human body. (f) (1) Provide for certification of any physician and surgeon to operate, and supervise the operation of, a bone densitometer, if that physician and surgeon provides the department a certificate that evidences training in the use of a bone densitometer by a representative of a bone densitometer machine manufacturer, or through any radiologic technology school. The certification shall be valid for the particular bone densitometer the physician and surgeon was trained to use, and for any other bone densitometer that meets all of the criteria specified in subparagraphs (A) to (C), inclusive, if the physician and surgeon has completed training, as specified in subparagraph (A) of paragraph (2), for the use of that bone densitometer. The physician and surgeon shall, upon request of the department, provide evidence of training, pursuant to subparagraph (A) of paragraph (2), for the use of any bone densitometer used by the physician and surgeon. The activity covered by the certificate shall be limited to the use of an X-ray bone densitometer to which all of the following is applicable: (A) The bone densitometer does not require user intervention for calibration. (B) The bone densitometer does not provide an image for diagnosis. (C) The bone densitometer is used only to estimate bone density of the heel, wrist, or finger of the patient. (2) The certificate shall be accompanied by a copy of the curriculum covered by the manufacturer's representative or radiologic technology school. The curriculum shall include, at a minimum, instruction in all of the following areas: (A) Procedures for operation of the bone densitometer by the physician and surgeon, and for the supervision of the operation of the bone densitometer by other persons, including procedures for quality assurance of the bone densitometer. (B) Proper radiation protection of the operator, the patient, and third parties in proximity to the bone densitometer. (C) Provisions of Article 5 (commencing with Section 106955) of Chapter 4 of Part 1 of Division 104. (D) Provisions of Chapter 6 (commencing with Section 114840) of Part 9 of Division 104. (E) Provisions of Group 1 (commencing with Section 30100) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (F) Provisions of Group 1.5 (commencing with Section 30108) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (G) Provisions of Article 1 (commencing with Section 30250) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (H) Provisions of Article 2 (commencing with Section 30254) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (I) Provisions of Article 3 (commencing with Section 30265) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (J) Provisions of Article 4 (commencing with Section 30305) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (K) Provisions of Subchapter 4.5 (commencing with Section 30400) of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (3) (A) Notwithstanding any other provision of law, this subdivision shall constitute all the requirements that must be met by a physician and surgeon in order to operate, and supervise the operation of, a bone densitometer. The department may adopt regulations consistent with this section in order to administer the certification requirements. (B) No person may be supervised by a physician and surgeon in the use of a bone densitometer unless that person possesses the necessary license or permit required by the department. (C) Nothing in this subdivision shall affect the requirements imposed by the committee or the department for the registration of a bone densitometer machine, or for the inspection of facilities in which any bone densitometer machine is operated. (D) This subdivision shall not apply to a licentiate of the healing arts who is certified pursuant to subdivision (e) or pursuant to Section 107111. (E) The department shall charge a fee for a certificate issued pursuant to this subdivision to the extent necessary to administer certification. The fee shall be in an amount sufficient to cover the department's costs of implementing this subdivision and shall not exceed the fee for certification to operate or supervise the operation of an X-ray machine pursuant to subdivision (e). The fees collected pursuant to this subparagraph shall be deposited into the Radiation Control Fund established pursuant to Section 114980. (g) Upon recommendation of the committee, exempt from certification requirements those licentiates of the healing arts who have successfully completed formal courses in schools certified by the department and who have successfully passed a roentgenology technology and radiation protection examination approved by the department and administered by the board that issued his or her license.