California 2021 2021-2022 Regular Session

California Assembly Bill AB1704 Introduced / Bill

Filed 01/26/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1704Introduced by Assembly Member ChenJanuary 26, 2022 An act to add Section 2472.5 to the Business and Professions Code, and to amend Section 106975 of the Health and Safety Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1704, as introduced, Chen. Leg-podiatric X-ray equipment: certification or permit exemption.Existing law prohibits a person from administering or using diagnostic or therapeutic X-rays on human beings in this state, unless that person has been certified or granted a permit by the State Department of Public Health, as specified, is acting within the scope of that certification or permit, and is acting under the supervision of a healing arts licensee. Existing law exempts certain individuals from this certification or permit requirement, including, among others, a person who has been certified or granted by the department a permit limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, as specified.Existing law establishes the Podiatric Medical Board of California within the Department of Consumer Affairs for the certification and regulation of podiatrists.This bill would exempt from the above-described X-ray certification or permit requirement a person who, under the supervision of a licensed podiatrist, operates only leg-podiatric radiography equipment for the sole purpose of lower extremity radiography. The bill would require that person, before operating leg-podiatric X-ray equipment under the supervision of a licensed doctor of podiatric medicine, to pass a course approved by the board in radiation safety that includes theory and clinical application in radiographic technique. The bill would require the board to require the courses to be taught by persons qualified in radiographic technique. The bill would also require the board to adopt regulations specifying the qualifications for course instructors.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2472.5 is added to the Business and Professions Code, to read:2472.5. Notwithstanding Section 114870 of the Health and Safety Code or any other law, a person working in a podiatrists office who operates leg-podiatric X-ray equipment pursuant to subdivision (f) of Section 106975 of the Health and Safety Code shall, before operating leg-podiatric X-ray equipment under the supervision of a licensed doctor of podiatric medicine, pass a course approved by the board in radiation safety that includes theory and clinical application in radiographic technique. The board shall require the courses to be taught by persons qualified in radiographic technique and shall adopt regulations specifying the qualifications for course instructors.SEC. 2. Section 106975 of the Health and Safety Code is amended to read:106975. Section 106965 shall not apply to any of the following persons:(a) Licentiates of the healing arts.(b) Students in an approved school for radiologic technologists and in schools of medicine, podiatry or chiropractic when the students are operating X-ray machines under the supervision of an instructor who is a certified radiologic technologist or a certified supervisor or operator; and students of dentistry, dental hygiene and dental assisting when the students are operating X-ray machines under the supervision of an instructor who is a licensed dentist.(c) Any person employed by an agency of the government of the United States while performing the duties of employment.(d) Persons temporarily exempted pursuant to Section 107020.(e) A licensed dentist; or person who, under the supervision of a licensed dentist, operates only dental radiographic equipment for the sole purpose of oral radiography. This exemption applies only to those persons who have complied with the requirements of Section 1656 of the Business and Professions Code.(f) A person who, under the supervision of a licensed podiatrist, operates only leg-podiatric radiography equipment for the sole purpose of lower extremity radiography. This exemption applies only to those persons who have complied with the requirements of Section 2472.5 of the Business and Professions Code.(f)(g) A person who has been certified or granted a limited permit pursuant to subdivision (b) or (c) of Section 114870 and who performs dental radiography in a dental X-ray laboratory upon the written order of a licensed dentist.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1704Introduced by Assembly Member ChenJanuary 26, 2022 An act to add Section 2472.5 to the Business and Professions Code, and to amend Section 106975 of the Health and Safety Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1704, as introduced, Chen. Leg-podiatric X-ray equipment: certification or permit exemption.Existing law prohibits a person from administering or using diagnostic or therapeutic X-rays on human beings in this state, unless that person has been certified or granted a permit by the State Department of Public Health, as specified, is acting within the scope of that certification or permit, and is acting under the supervision of a healing arts licensee. Existing law exempts certain individuals from this certification or permit requirement, including, among others, a person who has been certified or granted by the department a permit limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, as specified.Existing law establishes the Podiatric Medical Board of California within the Department of Consumer Affairs for the certification and regulation of podiatrists.This bill would exempt from the above-described X-ray certification or permit requirement a person who, under the supervision of a licensed podiatrist, operates only leg-podiatric radiography equipment for the sole purpose of lower extremity radiography. The bill would require that person, before operating leg-podiatric X-ray equipment under the supervision of a licensed doctor of podiatric medicine, to pass a course approved by the board in radiation safety that includes theory and clinical application in radiographic technique. The bill would require the board to require the courses to be taught by persons qualified in radiographic technique. The bill would also require the board to adopt regulations specifying the qualifications for course instructors.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 1704

Introduced by Assembly Member ChenJanuary 26, 2022

Introduced by Assembly Member Chen
January 26, 2022

 An act to add Section 2472.5 to the Business and Professions Code, and to amend Section 106975 of the Health and Safety Code, relating to healing arts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1704, as introduced, Chen. Leg-podiatric X-ray equipment: certification or permit exemption.

Existing law prohibits a person from administering or using diagnostic or therapeutic X-rays on human beings in this state, unless that person has been certified or granted a permit by the State Department of Public Health, as specified, is acting within the scope of that certification or permit, and is acting under the supervision of a healing arts licensee. Existing law exempts certain individuals from this certification or permit requirement, including, among others, a person who has been certified or granted by the department a permit limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, as specified.Existing law establishes the Podiatric Medical Board of California within the Department of Consumer Affairs for the certification and regulation of podiatrists.This bill would exempt from the above-described X-ray certification or permit requirement a person who, under the supervision of a licensed podiatrist, operates only leg-podiatric radiography equipment for the sole purpose of lower extremity radiography. The bill would require that person, before operating leg-podiatric X-ray equipment under the supervision of a licensed doctor of podiatric medicine, to pass a course approved by the board in radiation safety that includes theory and clinical application in radiographic technique. The bill would require the board to require the courses to be taught by persons qualified in radiographic technique. The bill would also require the board to adopt regulations specifying the qualifications for course instructors.

Existing law prohibits a person from administering or using diagnostic or therapeutic X-rays on human beings in this state, unless that person has been certified or granted a permit by the State Department of Public Health, as specified, is acting within the scope of that certification or permit, and is acting under the supervision of a healing arts licensee. Existing law exempts certain individuals from this certification or permit requirement, including, among others, a person who has been certified or granted by the department a permit limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, as specified.

Existing law establishes the Podiatric Medical Board of California within the Department of Consumer Affairs for the certification and regulation of podiatrists.

This bill would exempt from the above-described X-ray certification or permit requirement a person who, under the supervision of a licensed podiatrist, operates only leg-podiatric radiography equipment for the sole purpose of lower extremity radiography. The bill would require that person, before operating leg-podiatric X-ray equipment under the supervision of a licensed doctor of podiatric medicine, to pass a course approved by the board in radiation safety that includes theory and clinical application in radiographic technique. The bill would require the board to require the courses to be taught by persons qualified in radiographic technique. The bill would also require the board to adopt regulations specifying the qualifications for course instructors.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 2472.5 is added to the Business and Professions Code, to read:2472.5. Notwithstanding Section 114870 of the Health and Safety Code or any other law, a person working in a podiatrists office who operates leg-podiatric X-ray equipment pursuant to subdivision (f) of Section 106975 of the Health and Safety Code shall, before operating leg-podiatric X-ray equipment under the supervision of a licensed doctor of podiatric medicine, pass a course approved by the board in radiation safety that includes theory and clinical application in radiographic technique. The board shall require the courses to be taught by persons qualified in radiographic technique and shall adopt regulations specifying the qualifications for course instructors.SEC. 2. Section 106975 of the Health and Safety Code is amended to read:106975. Section 106965 shall not apply to any of the following persons:(a) Licentiates of the healing arts.(b) Students in an approved school for radiologic technologists and in schools of medicine, podiatry or chiropractic when the students are operating X-ray machines under the supervision of an instructor who is a certified radiologic technologist or a certified supervisor or operator; and students of dentistry, dental hygiene and dental assisting when the students are operating X-ray machines under the supervision of an instructor who is a licensed dentist.(c) Any person employed by an agency of the government of the United States while performing the duties of employment.(d) Persons temporarily exempted pursuant to Section 107020.(e) A licensed dentist; or person who, under the supervision of a licensed dentist, operates only dental radiographic equipment for the sole purpose of oral radiography. This exemption applies only to those persons who have complied with the requirements of Section 1656 of the Business and Professions Code.(f) A person who, under the supervision of a licensed podiatrist, operates only leg-podiatric radiography equipment for the sole purpose of lower extremity radiography. This exemption applies only to those persons who have complied with the requirements of Section 2472.5 of the Business and Professions Code.(f)(g) A person who has been certified or granted a limited permit pursuant to subdivision (b) or (c) of Section 114870 and who performs dental radiography in a dental X-ray laboratory upon the written order of a licensed dentist.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 2472.5 is added to the Business and Professions Code, to read:2472.5. Notwithstanding Section 114870 of the Health and Safety Code or any other law, a person working in a podiatrists office who operates leg-podiatric X-ray equipment pursuant to subdivision (f) of Section 106975 of the Health and Safety Code shall, before operating leg-podiatric X-ray equipment under the supervision of a licensed doctor of podiatric medicine, pass a course approved by the board in radiation safety that includes theory and clinical application in radiographic technique. The board shall require the courses to be taught by persons qualified in radiographic technique and shall adopt regulations specifying the qualifications for course instructors.

SECTION 1. Section 2472.5 is added to the Business and Professions Code, to read:

### SECTION 1.

2472.5. Notwithstanding Section 114870 of the Health and Safety Code or any other law, a person working in a podiatrists office who operates leg-podiatric X-ray equipment pursuant to subdivision (f) of Section 106975 of the Health and Safety Code shall, before operating leg-podiatric X-ray equipment under the supervision of a licensed doctor of podiatric medicine, pass a course approved by the board in radiation safety that includes theory and clinical application in radiographic technique. The board shall require the courses to be taught by persons qualified in radiographic technique and shall adopt regulations specifying the qualifications for course instructors.

2472.5. Notwithstanding Section 114870 of the Health and Safety Code or any other law, a person working in a podiatrists office who operates leg-podiatric X-ray equipment pursuant to subdivision (f) of Section 106975 of the Health and Safety Code shall, before operating leg-podiatric X-ray equipment under the supervision of a licensed doctor of podiatric medicine, pass a course approved by the board in radiation safety that includes theory and clinical application in radiographic technique. The board shall require the courses to be taught by persons qualified in radiographic technique and shall adopt regulations specifying the qualifications for course instructors.

2472.5. Notwithstanding Section 114870 of the Health and Safety Code or any other law, a person working in a podiatrists office who operates leg-podiatric X-ray equipment pursuant to subdivision (f) of Section 106975 of the Health and Safety Code shall, before operating leg-podiatric X-ray equipment under the supervision of a licensed doctor of podiatric medicine, pass a course approved by the board in radiation safety that includes theory and clinical application in radiographic technique. The board shall require the courses to be taught by persons qualified in radiographic technique and shall adopt regulations specifying the qualifications for course instructors.



2472.5. Notwithstanding Section 114870 of the Health and Safety Code or any other law, a person working in a podiatrists office who operates leg-podiatric X-ray equipment pursuant to subdivision (f) of Section 106975 of the Health and Safety Code shall, before operating leg-podiatric X-ray equipment under the supervision of a licensed doctor of podiatric medicine, pass a course approved by the board in radiation safety that includes theory and clinical application in radiographic technique. The board shall require the courses to be taught by persons qualified in radiographic technique and shall adopt regulations specifying the qualifications for course instructors.

SEC. 2. Section 106975 of the Health and Safety Code is amended to read:106975. Section 106965 shall not apply to any of the following persons:(a) Licentiates of the healing arts.(b) Students in an approved school for radiologic technologists and in schools of medicine, podiatry or chiropractic when the students are operating X-ray machines under the supervision of an instructor who is a certified radiologic technologist or a certified supervisor or operator; and students of dentistry, dental hygiene and dental assisting when the students are operating X-ray machines under the supervision of an instructor who is a licensed dentist.(c) Any person employed by an agency of the government of the United States while performing the duties of employment.(d) Persons temporarily exempted pursuant to Section 107020.(e) A licensed dentist; or person who, under the supervision of a licensed dentist, operates only dental radiographic equipment for the sole purpose of oral radiography. This exemption applies only to those persons who have complied with the requirements of Section 1656 of the Business and Professions Code.(f) A person who, under the supervision of a licensed podiatrist, operates only leg-podiatric radiography equipment for the sole purpose of lower extremity radiography. This exemption applies only to those persons who have complied with the requirements of Section 2472.5 of the Business and Professions Code.(f)(g) A person who has been certified or granted a limited permit pursuant to subdivision (b) or (c) of Section 114870 and who performs dental radiography in a dental X-ray laboratory upon the written order of a licensed dentist.

SEC. 2. Section 106975 of the Health and Safety Code is amended to read:

### SEC. 2.

106975. Section 106965 shall not apply to any of the following persons:(a) Licentiates of the healing arts.(b) Students in an approved school for radiologic technologists and in schools of medicine, podiatry or chiropractic when the students are operating X-ray machines under the supervision of an instructor who is a certified radiologic technologist or a certified supervisor or operator; and students of dentistry, dental hygiene and dental assisting when the students are operating X-ray machines under the supervision of an instructor who is a licensed dentist.(c) Any person employed by an agency of the government of the United States while performing the duties of employment.(d) Persons temporarily exempted pursuant to Section 107020.(e) A licensed dentist; or person who, under the supervision of a licensed dentist, operates only dental radiographic equipment for the sole purpose of oral radiography. This exemption applies only to those persons who have complied with the requirements of Section 1656 of the Business and Professions Code.(f) A person who, under the supervision of a licensed podiatrist, operates only leg-podiatric radiography equipment for the sole purpose of lower extremity radiography. This exemption applies only to those persons who have complied with the requirements of Section 2472.5 of the Business and Professions Code.(f)(g) A person who has been certified or granted a limited permit pursuant to subdivision (b) or (c) of Section 114870 and who performs dental radiography in a dental X-ray laboratory upon the written order of a licensed dentist.

106975. Section 106965 shall not apply to any of the following persons:(a) Licentiates of the healing arts.(b) Students in an approved school for radiologic technologists and in schools of medicine, podiatry or chiropractic when the students are operating X-ray machines under the supervision of an instructor who is a certified radiologic technologist or a certified supervisor or operator; and students of dentistry, dental hygiene and dental assisting when the students are operating X-ray machines under the supervision of an instructor who is a licensed dentist.(c) Any person employed by an agency of the government of the United States while performing the duties of employment.(d) Persons temporarily exempted pursuant to Section 107020.(e) A licensed dentist; or person who, under the supervision of a licensed dentist, operates only dental radiographic equipment for the sole purpose of oral radiography. This exemption applies only to those persons who have complied with the requirements of Section 1656 of the Business and Professions Code.(f) A person who, under the supervision of a licensed podiatrist, operates only leg-podiatric radiography equipment for the sole purpose of lower extremity radiography. This exemption applies only to those persons who have complied with the requirements of Section 2472.5 of the Business and Professions Code.(f)(g) A person who has been certified or granted a limited permit pursuant to subdivision (b) or (c) of Section 114870 and who performs dental radiography in a dental X-ray laboratory upon the written order of a licensed dentist.

106975. Section 106965 shall not apply to any of the following persons:(a) Licentiates of the healing arts.(b) Students in an approved school for radiologic technologists and in schools of medicine, podiatry or chiropractic when the students are operating X-ray machines under the supervision of an instructor who is a certified radiologic technologist or a certified supervisor or operator; and students of dentistry, dental hygiene and dental assisting when the students are operating X-ray machines under the supervision of an instructor who is a licensed dentist.(c) Any person employed by an agency of the government of the United States while performing the duties of employment.(d) Persons temporarily exempted pursuant to Section 107020.(e) A licensed dentist; or person who, under the supervision of a licensed dentist, operates only dental radiographic equipment for the sole purpose of oral radiography. This exemption applies only to those persons who have complied with the requirements of Section 1656 of the Business and Professions Code.(f) A person who, under the supervision of a licensed podiatrist, operates only leg-podiatric radiography equipment for the sole purpose of lower extremity radiography. This exemption applies only to those persons who have complied with the requirements of Section 2472.5 of the Business and Professions Code.(f)(g) A person who has been certified or granted a limited permit pursuant to subdivision (b) or (c) of Section 114870 and who performs dental radiography in a dental X-ray laboratory upon the written order of a licensed dentist.



106975. Section 106965 shall not apply to any of the following persons:

(a) Licentiates of the healing arts.

(b) Students in an approved school for radiologic technologists and in schools of medicine, podiatry or chiropractic when the students are operating X-ray machines under the supervision of an instructor who is a certified radiologic technologist or a certified supervisor or operator; and students of dentistry, dental hygiene and dental assisting when the students are operating X-ray machines under the supervision of an instructor who is a licensed dentist.

(c) Any person employed by an agency of the government of the United States while performing the duties of employment.

(d) Persons temporarily exempted pursuant to Section 107020.

(e) A licensed dentist; or person who, under the supervision of a licensed dentist, operates only dental radiographic equipment for the sole purpose of oral radiography. This exemption applies only to those persons who have complied with the requirements of Section 1656 of the Business and Professions Code.

(f) A person who, under the supervision of a licensed podiatrist, operates only leg-podiatric radiography equipment for the sole purpose of lower extremity radiography. This exemption applies only to those persons who have complied with the requirements of Section 2472.5 of the Business and Professions Code.

(f)



(g) A person who has been certified or granted a limited permit pursuant to subdivision (b) or (c) of Section 114870 and who performs dental radiography in a dental X-ray laboratory upon the written order of a licensed dentist.