EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0934* HOUSE BILL 934 J2 4lr2064 CF SB 830 By: Delegate Hutchinson Introduced and read first time: February 2, 2024 Assigned to: Health and Government Operations A BILL ENTITLED AN ACT concerning 1 Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology 2 Assistance – Limited Licensed Radiologic Technologist 3 FOR the purpose of establishing a licensing and regulatory system for the practice of 4 limited licensed radiologic technology under the State Board of Physicians; altering 5 the composition of the Radiation Therapy, Radiography, Nuclear Medicine 6 Technology, Radiology Assistance, and Limited Licensed Radiologic Technology 7 Advisory Committee; and generally relating to limited licensed radiologic 8 technologists. 9 BY repealing and reenacting, with amendments, 10 Article – Health Occupations 11 Section 14–206(e)(2)(iii); and 14–5B–01, 14–5B–05 through 14–5B–09, 14–5B–12, 12 14–5B–14(a), 14–5B–18, 14–5B–18.1, and 14–5B–20 to be under the amended 13 subtitle “Subtitle 5B. Radiation Therapy, Radiography, Nuclear Medicine 14 Technology, Radiology Assistance, and Limited Licensed Radiologic 15 Technology” 16 Annotated Code of Maryland 17 (2021 Replacement Volume and 2023 Supplement) 18 BY repealing and reenacting, without amendments, 19 Article – Health Occupations 20 Section 14–5B–03 and 14–5B–10 21 Annotated Code of Maryland 22 (2021 Replacement Volume and 2023 Supplement) 23 BY adding to 24 Article – Health Occupations 25 Section 14–5B–09.1, 14–5B–11(e), and 14–5B–17(e) 26 Annotated Code of Maryland 27 (2021 Replacement Volume and 2023 Supplement) 28 2 HOUSE BILL 934 SECTION 1. BE IT ENACTED BY THE GENERA L ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Health Occupations 3 14–206. 4 (e) A disciplinary panel may issue a cease and desist order or obtain injunctive 5 relief against an individual for: 6 (2) Representing to the public, by title, description of services, methods, 7 procedures, or otherwise, that the individual is authorized to practice: 8 (iii) Radiation therapy, radiography, nuclear medicine technology, 9 [or] radiation assistance, OR LIMITED LICENSED RADIOLOGIC TE CHNOLOGY in this 10 State, in violation of § 14–5B–18 of this title; 11 Subtitle 5B. Radiation Therapy, Radiography, Nuclear Medicine Technology, [and] 12 Radiology Assistance, AND LIMITED LICENSED RADIOLOGIC TECHNOLOGY . 13 14–5B–01. 14 (a) In this subtitle the following words have the meanings indicated. 15 (b) “Board” means the State Board of Physicians. 16 (c) “Certification” means recognition of an individual who has satisfied certain 17 standards required by a national certifying board. 18 (d) “Committee” means the Radiation Therapy, Radiography, Nuclear Medicine 19 Technology, [and] Radiology Assistance, AND LIMITED LICENSED RADIOLOGIC 20 TECHNOLOGY Advisory Committee of the Board. 21 [(f)] (E) “License” means a license issued by the Board to practice as a radiation 22 therapist, radiographer, nuclear medicine technologist, [or] radiologist assistant, OR 23 LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST . 24 [(g)] (F) “Licensed nuclear medicine technologist” means a nuclear medicine 25 technologist who is licensed by the Board to practice nuclear medicine technology. 26 [(h)] (G) “Licensed radiation therapist” means a radiation therapist who is 27 licensed by the Board to practice radiation therapy. 28 [(i)] (H) “Licensed radiographer” means a radiographer who is licensed by the 29 Board to practice radiography. 30 HOUSE BILL 934 3 [(j)] (I) “Licensed radiologist assistant” means an individual who is licensed to 1 practice radiology assistance under the supervision of a licensed physician who: 2 (1) Specializes in radiology; and 3 (2) Is certified by: 4 (i) The American Board of Radiology; 5 (ii) The American Osteopathic Board of Radiology; 6 (iii) The British Royal College of Radiology; or 7 (iv) The Canadian College of Physicians and Surgeons. 8 (J) “LIMITED LICENSED RADI OLOGIC TECHNOLOGIST ” MEANS AN 9 INDIVIDUAL WHO IS LI CENSED TO PRACTICE L IMITED LICENSED RADI OLOGIC 10 TECHNOLOGY UNDER THE SUPERVISION OF A LIC ENSED PHYSICIAN . 11 (k) “Licensee” means an individual who is licensed by the Board to practice as a 12 radiation therapist, a radiographer, a nuclear medicine technologist, [or] radiologist 13 assistant, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG IST. 14 (l) “National certifying board” means: 15 (1) The American Registry of Radiologic Technologists; 16 (2) The Nuclear Medicine Technology Certifying Board; or 17 (3) Another certifying organization approved by the Board. 18 (M) “PRACTICE LIMITED LICE NSED RADIOLOGIC TECH NOLOGY” MEANS TO 19 PERFORM RADIOGRAPHIC PROCEDURES EMPLOYING EQUIPMENT THAT EM ITS 20 IONIZING RADIATION T HAT IS LIMITED TO SP ECIFIC AREAS OF THE HUMAN BODY . 21 [(m)] (N) “Practice nuclear medicine technology” means to: 22 (1) Prepare and administer radiopharmaceuticals to human beings; or 23 (2) Conduct in vivo detection and measurement of radioactivity for medical 24 purposes to assist in the diagnosis and treatment of disease or injury. 25 [(n)] (O) “Practice radiation therapy” means to perform tumor localization 26 radiography and apply therapeutic doses of radiation for the treatment of disease or injury. 27 4 HOUSE BILL 934 [(o)] (P) “Practice radiography” means to use ionizing radiation to: 1 (1) Demonstrate portions of the human body to assist in the diagnosis or 2 localization of disease or injury; or 3 (2) Perform tumor localization radiography. 4 [(p)] (Q) “Practice radiology assistance” means to practice radiography and to 5 perform: 6 (1) Fluoroscopy and selected radiology procedures; 7 (2) Patient assessment; and 8 (3) Patient management. 9 [(q)] (R) “Supervision” means the responsibility of a licensed physician to 10 exercise on–site or immediately available direction for licensees. 11 14–5B–03. 12 The Board shall adopt regulations to carry out the provisions of this subtitle. 13 14–5B–05. 14 (a) There is a Radiation Therapy, Radiography, Nuclear Medicine Technology, 15 [and] Radiology Assistance, AND LIMITED LICENSED RADIOLOGIC TECHNOLOGY 16 Advisory Committee within the Board. 17 (b) (1) The Committee consists of [nine] 11 members appointed by the Board. 18 (2) Of the [nine] members: 19 (i) One shall be a licensed physician who specializes in radiology; 20 (ii) One shall be a licensed physician who specializes in radiology 21 and who supervises a radiologist assistant OR LIMITED LICENSED RADIOL OGIC 22 TECHNOLOGIST ; 23 (iii) One shall be a licensed physician who specializes in nuclear 24 medicine; 25 (iv) One shall be a licensed physician who specializes in radiation 26 oncology; 27 (v) One shall be a radiation therapist; 28 HOUSE BILL 934 5 (vi) One shall be a radiographer; 1 (vii) One shall be a radiologist assistant; 2 (viii) One shall be a nuclear medicine technologist; [and] 3 (IX) ONE SHALL BE A LIMITE D LICENSED RADIOLOGI C 4 TECHNOLOGIST ; AND 5 [(ix)] (X) [One] TWO shall be [a] consumer [member] MEMBERS. 6 (c) (1) From among its members, the Committee shall elect a chair once every 7 2 years. 8 (2) The chair, or the chair’s designee, shall serve in an advisory capacity to 9 the Board as a representative of the Committee. 10 (d) The consumer [member] MEMBERS of the Committee: 11 (1) Shall be [a member] MEMBERS of the general public; 12 (2) May not be or ever have been a health care professional or in training 13 to be a health care professional; and 14 (3) May not: 15 (i) Participate or ever have participated in a commercial or 16 professional field related to radiation therapy, radiography, nuclear medicine technology, 17 [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG Y; 18 (ii) Have a household member who participates in a commercial or 19 professional field related to radiation therapy, radiography, nuclear medicine technology, 20 [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG Y; or 21 (iii) Have had within 2 years before appointment a financial interest 22 in a person regulated by the Board. 23 (e) (1) The term of a member is 3 years. 24 (2) The terms of members are staggered as required by regulation. 25 (3) At the end of a term, a member continues to serve until a successor is 26 appointed and qualifies. 27 (4) A member may not serve more than 2 consecutive full terms. 28 6 HOUSE BILL 934 14–5B–06. 1 (a) In addition to the powers set forth elsewhere in this subtitle, the Committee 2 shall: 3 (1) Make recommendations to the Board on regulations necessary to carry 4 out the provisions of this subtitle; 5 (2) Make recommendations to the Board on a code of ethics for the practice 6 of radiation therapy, the practice of radiography, the practice of nuclear medicine 7 technology, [and] the practice of radiology assistance, AND THE PRACTICE OF LIMITED 8 LICENSED RADIOLOGIC TECHNOLOGY for adoption by the Board; 9 (3) On request, make recommendations to the Board on standards of care 10 for the practice of radiation therapy, the practice of radiography, the practice of nuclear 11 medicine technology, [and] the practice of radiology assistance, AND THE PRACTICE OF 12 LIMITED LICENSED RAD IOLOGIC TECHNOLOGY ; 13 (4) Make recommendations to the Board on the requirements for licensure 14 as a radiation therapist, radiographer, nuclear medicine technologist, [or] radiologist 15 assistant, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG IST; 16 (5) On request, review applications for licensure as a radiation therapist, 17 radiographer, nuclear medicine technologist, [or] radiologist assistant, OR LIMITED 18 LICENSED RADIOLOGIC TECHNOLOGIST and make recommendations to the Board; 19 (6) Develop and recommend to the Board continuing education 20 requirements for license renewal; 21 (7) Advise the Board on matters related to the practice of radiation 22 therapy, the practice of radiography, the practice of nuclear medicine technology, [and] the 23 practice of radiology assistance, AND THE PRACTICE OF LIMITED LICENSED 24 RADIOLOGIC TECHNOLOG Y; 25 (8) Keep a record of its proceedings; and 26 (9) Submit an annual report to the Board. 27 (b) The Board shall: 28 (1) Consider all recommendations of the Committee; and 29 (2) Provide to the Committee an annual report on the disciplinary matters 30 involving licensees. 31 HOUSE BILL 934 7 14–5B–07. 1 (a) (1) A licensee may only practice under the supervision of a licensed 2 physician. 3 (2) The failure of a licensed physician to properly supervise a licensee is 4 unprofessional conduct in the practice of medicine under § 14–404(a)(3) of this title. 5 (b) (1) Except as provided in paragraph (2) of this subsection, the practice of a 6 radiation therapist, radiographer, nuclear medicine technologist, [or] radiologist assistant, 7 OR LIMITED LICENSED RADIOLOGIC TECHNOLOG IST is limited to those procedures, 8 operations, preparations, and practices listed in regulation. 9 (2) A radiologist assistant may not: 10 (i) Interpret images; 11 (ii) Make diagnoses; or 12 (iii) Prescribe medications or therapies. 13 14–5B–08. 14 (a) (1) Except as otherwise provided in this subtitle, an individual shall be 15 licensed by the Board before the individual may practice radiation therapy, radiography, 16 nuclear medicine technology, [or] radiology assistance, OR LIMITED LICENSED 17 RADIOLOGIC TECHNOLOG Y in this State. 18 (2) A radiologist assistant may not: 19 (i) Interpret images; 20 (ii) Make diagnoses; or 21 (iii) Prescribe medications or therapies. 22 (b) This section does not apply to: 23 (1) An individual employed by the federal government as a radiation 24 therapist, radiographer, a nuclear medicine technologist, [or] radiologist assistant, OR 25 LIMITED LICENSED RAD IOLOGIC TECH NOLOGIST while the individual is practicing 26 within the scope of that employment; or 27 (2) A radiation therapy student, a radiography student, a nuclear medicine 28 technology student, [or] a radiology assistant student, OR A LIMITED LICENSE D 29 RADIOLOGIC TECHN OLOGIST STUDENT enrolled in an education program which is 30 8 HOUSE BILL 934 accredited by an approved accrediting organization while practicing radiation therapy, 1 radiography, nuclear medicine technology, [or] radiology assistance, OR LIMITED 2 LICENSED RADIOLOGIC TECHNOLOGY in that program. 3 14–5B–09. 4 (a) To qualify for a license, an applicant shall be an individual who meets the 5 requirements of this section. 6 (b) Except as provided in [subsection] SUBSECTIONS (c) AND (D) of this section, 7 the applicant [shall] MUST: 8 (1) Be of good moral character; 9 (2) Be at least 18 years old; 10 (3) Demonstrate oral and written competency in English as required by the 11 Board; 12 (4) Meet any educational, training, or examination requirements 13 established by the Board, including: 14 (i) Graduation from an appropriate educational program as 15 determined by the Board; and 16 (ii) Certification; and 17 (5) Complete a criminal history records check in accordance with § 18 14–308.1 of this title. 19 (c) To qualify for a license to practice as a radiologist assistant, an applicant shall: 20 (1) Be issued a general license to perform radiography; 21 (2) Complete an advanced academic program with a nationally recognized 22 radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 23 or graduate degree and incorporates a radiologist–directed clinical preceptorship; 24 (3) Be certified in advanced cardiac life support; and 25 (4) Be certified as a radiologist assistant by the American Registry of 26 Radiologic Technologists. 27 (D) IN ADDITION TO THE RE QUIREMENTS OF SUBSEC TION (B) OF THIS 28 SECTION, TO QUALIFY FOR A LIC ENSE TO PRACTICE AS A LIMITED LICENSED 29 HOUSE BILL 934 9 RADIOLOGIC TECHNOLOG IST, AN APPLICANT SHALL M EET THE REQUIREMENTS OF 1 § 14–5B–09.1 OF THIS SUBTITLE. 2 [(d)] (E) Except for requirements adopted by the Board for license renewal under 3 § 14–5B–12 of this subtitle, nothing in this subtitle may be construed to require an 4 individual who is certified by the Board as a radiation oncology/therapy technologist, 5 medical radiation technologist, or nuclear medicine technologist as of October 1, 2008, to 6 meet additional education, training, or examination requirements. 7 14–5B–09.1. 8 (A) AN APPLICANT FOR LICE NSURE AS A LIMITED L ICENSED RADIOLOGIC 9 TECHNOLOGIST SHALL S UBMIT TO THE BOARD: 10 (1) EVIDENCE OF COMPLETIO N OF EDUCATION REQUI REMENTS 11 UNDER SUBSECTION (B) OF THIS SECTION, AS APPLICABLE; AND 12 (2) (I) EVIDENCE OF HAVING AC HIEVED A PASSING SCO RE, AS 13 DETERMINED BY THE BOARD, ON THE SECTION OF TH E AMERICAN REGISTRY OF 14 RADIOLOGIC TECHNOLO GISTS EXAMINATION FO R LIMITED SCOPE OF PRACTICE IN 15 RADIOGRAPHY APPROPRIA TE FOR THE ANATOMICA L AREA ON WHICH THE 16 APPLICANT IS APPLYIN G TO PRACTICE; 17 (II) EVIDENCE OF HAVING AC HIEVED A PASSING SCO RE, AS 18 DETERMINED BY THE BOARD, ON ANOTHER EXAMINATI ON APPROVED BY THE 19 BOARD; OR 20 (III) EVIDENCE OF COMPLETIO N OF AN ALTERNATIVE TO 21 EXAMINATION APPROVED BY THE BOARD. 22 (B) TO QUALIFY FOR LICENS URE AS A LIMITED LIC ENSED RADIOLOGIC 23 TECHNOLOGIST , AN APPLICANT SHALL C OMPLETE: 24 (1) EDUCATIONAL COURSEWOR K: 25 (I) DIRECTED BY A RADIOLO GIC TECHNOLOGIST WIT H A 26 BACHELOR’S DEGREE AND CURRENT AMERICAN REGISTRY OF RADIOLOGIC 27 TECHNOLOGISTS CERTIFI CATION; 28 (II) TAUGHT BY INSTRUCTORS WHO ARE LICENSED RAD IOLOGIC 29 TECHNOLOGISTS OR PHY SICIANS WHO ARE BOAR D CERTIFIED IN RADIOLOGY; AND 30 (III) THAT INCLUDES AT LEAS T: 31 10 HOUSE BILL 934 1. 25 CLOCK HOURS OF IMAGE PRODUCTION AND 1 EQUIPMENT OPERATION ; 2 2. 15 CLOCK HOURS OF RADIA TION PROTECTION ; AND 3 3. 10 CLOCK HOURS OF RADIO GRAPHIC PROCEDURES I N 4 THE ANATOMICAL AREA OF THE LIMITE D LICENSED RADIOLOGI C TECHNOLOGIST ’S 5 PRACTICE, TAUGHT BY: 6 A. A RADIOLOGIC TECHNOLOG IST WITH CURRENT 7 AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGISTS CERTIFI CATION; OR 8 B. A LICENSED DOCTOR OF M EDICINE, OSTEOPATHY , 9 PODIATRY, OR CHIROPRACTIC ; OR 10 (2) ANY OTHER EDUCATION P ROGRAM APPROVED BY T HE BOARD. 11 (C) AN APPLICANT WHO FAIL S AN EXAMINATION REQ UIRED UNDER THIS 12 SECTION MAY RETAKE T HE EXAMINATION TWICE BEFORE THE APPLICANT MUST 13 REAPPLY AND DEMONSTR ATE COMPLETION OF AN Y ADDITIONAL EDUCATI ON 14 REQUIRED BY THE BOARD. 15 (D) A LICENSE ISSUED TO PR ACTICE AS A LIMITED LICENSED RADIOLOGIC 16 TECHNOLOGIST UNDER T HIS SECTION AUTHORIZ ES THE LICENSEE TO P RACTICE 17 ONLY ON THE ANATOMIC AL AREA AUTHORIZED B Y THE BOARD, AS DETERMINED BY 18 THE BOARD BASED ON THE ED UCATION AND EXAMINATIONS COMPLET ED BY THE 19 LICENSEE. 20 14–5B–10. 21 (a) To apply for a license, an applicant shall: 22 (1) Complete a criminal history records check in accordance with § 23 14–308.1 of this title; 24 (2) Submit an application to the Board on the form that the Board requires; 25 and 26 (3) Pay to the Board the application fee set by the Board. 27 (b) Subject to subsection (c) of this section, the Board shall issue the appropriate 28 license to an applicant who meets the requirements of this subtitle for that license. 29 HOUSE BILL 934 11 (c) (1) On receipt of the criminal history record information of an applicant for 1 licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining 2 whether to issue a license, the Board shall consider: 3 (i) The age at which the crime was committed; 4 (ii) The nature of the crime; 5 (iii) The circumstances surrounding the crime; 6 (iv) The length of time that has passed since the crime; 7 (v) Subsequent work history; 8 (vi) Employment and character references; and 9 (vii) Other evidence that demonstrates whether the applicant poses a 10 threat to the public health or safety. 11 (2) The Board may not issue a license if the criminal history record 12 information required under § 14–308.1 of this title has not been received. 13 14–5B–11. 14 (E) SUBJECT TO § 14–5B–09.1(D) OF THIS SUBTITLE , LICENSURE AS A 15 LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST AUTHORIZES AN INDIVI DUAL TO 16 PRACTICE LIMITED LIC ENSED RADIOLOGIC TEC HNOLOGY WHILE THE LI CENSE IS 17 EFFECTIVE. 18 14–5B–12. 19 (a) (1) The term of a license issued by the Board may not exceed 3 years. 20 (2) A license expires on a date set by the Board, unless the license is 21 renewed for an additional term as provided in this section. 22 (b) At least 1 month before the license expires, the Board shall send to the licensee 23 a renewal notice that states: 24 (1) The date on which the current license expires; 25 (2) The date by which the renewal application must be received by the 26 Board for the renewal to be issued and mailed before the license expires; and 27 (3) The amount of the renewal fee. 28 12 HOUSE BILL 934 (c) Except as otherwise provided in this subtitle, before a license expires, the 1 licensed individual may periodically renew it for an additional term, if the individual: 2 (1) Is of good moral character; 3 (2) Pays to the Board a renewal fee set by the Board; 4 (3) Submits to the Board: 5 (i) A renewal application on the form that the Board requires; and 6 (ii) Satisfactory evidence of compliance with any continuing 7 education or competency requirements and other requirements required by the Board for 8 license renewal; and 9 (4) Meets any additional renewal requirements established by the Board. 10 (d) (1) In addition to any other qualifications and requirements established by 11 the Board, the Board may establish continuing education or competency requirements as a 12 condition to the renewal of licenses under this section. 13 (2) A disciplinary panel may impose a civil penalty of up to $100 per 14 continuing medical education credit in lieu of a sanction under § 14–5B–14 of this subtitle, 15 for a first offense, for the failure of a licensee to obtain the continuing medical education 16 credits required by the Board. 17 (e) (1) The Board shall renew the license of each individual who meets the 18 renewal requirements of this section. 19 (2) A license may not be renewed for a term longer than 2 years. 20 (f) The Board shall reinstate the license of a radiation therapist, radiographer, 21 nuclear medicine technologist, [or] radiologist assistant, OR LIMITED LICENSED 22 RADIOLOGIC TECHNOLOGIS T who has failed to renew a license for any reason if the 23 radiation therapist, radiographer, nuclear medicine technologist, [or] radiologist assistant, 24 OR LIMITED LICENSED RADIOLOGIC TECHNOLOG IST: 25 (1) Meets the renewal requirements of this section; 26 (2) Submits to the Board: 27 (i) A reinstatement application on the form that the Board requires; 28 and 29 (ii) Satisfactory evidence of compliance with any continuing 30 education or competency requirements; and 31 HOUSE BILL 934 13 (3) Meets any additional requirements established by the Board for 1 reinstatement. 2 (g) (1) Beginning October 1, 2016, the Board shall require a criminal history 3 records check in accordance with § 14–308.1 of this title for: 4 (i) Renewal applicants as determined by regulations adopted by the 5 Board; and 6 (ii) Each former licensee who files for reinstatement under 7 subsection (f) of this section. 8 (2) On receipt of the criminal history record information of a licensee 9 forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 10 disciplinary action should be taken, based on the criminal history record information, 11 against a licensee who renewed or reinstated a license, the Board shall consider: 12 (i) The age at which the crime was committed; 13 (ii) The nature of the crime; 14 (iii) The circumstances surrounding the crime; 15 (iv) The length of time that has passed since the crime; 16 (v) Subsequent work history; 17 (vi) Employment and character references; and 18 (vii) Other evidence that demonstrates whether the licensee poses a 19 threat to the public health or safety. 20 (3) The Board may renew or reinstate a license only if the licensee or 21 applicant attests that the licensee or applicant has submitted to a criminal history records 22 check under § 14–308.1 of this title. 23 14–5B–14. 24 (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 25 on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 26 license to any applicant, reprimand any licensee, place any licensee on probation, or 27 suspend or revoke a license, if the applicant or licensee: 28 (1) Fraudulently or deceptively obtains or attempts to obtain a license for 29 the applicant, licensed individual, or for another; 30 (2) Fraudulently or deceptively uses a license; 31 14 HOUSE BILL 934 (3) Is guilty of unprofessional or immoral conduct in the practice of 1 radiation therapy, radiography, nuclear medicine technology, [or] radiology assistance, OR 2 LIMITED LICENSED RAD IOLOGIC TECHNOLOGY ; 3 (4) Is professionally, physically, or mentally incompetent; 4 (5) Abandons a patient; 5 (6) Is habitually intoxicated; 6 (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 7 substance as defined in § 5–101 of the Criminal Law Article; 8 (8) Provides professional services while: 9 (i) Under the influence of alcohol; or 10 (ii) Using any narcotic or controlled dangerous substance as defined 11 in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 12 amounts or without valid medical indication; 13 (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 14 patient so as to exploit the patient for financial gain; 15 (10) Willfully makes or files a false report or record in the practice of 16 radiation therapy, radiography, nuclear medicine technology, [or] radiology assistance, OR 17 LIMITED LICENSED RAD IOLOGIC TECHNOLOGY ; 18 (11) Willfully fails to file or record any report as required under law, 19 willfully impedes or obstructs the filing or recording of a report, or induces another to fail 20 to file or record a report; 21 (12) Breaches patient confidentiality; 22 (13) Pays or agrees to pay any sum or provide any form of remuneration or 23 material benefit to any person for bringing or referring a patient or accepts or agrees to 24 accept any sum or any form of remuneration or material benefit from an individual for 25 bringing or referring a patient; 26 (14) Knowingly makes a misrepresentation while practicing radiation 27 therapy, radiography, nuclear medicine technology, [or] radiology assistance, OR LIMITED 28 LICENSED RADIOLOGIC TECHNOLOGY ; 29 (15) Knowingly practices radiation therapy, radiography, nuclear medicine 30 technology, [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC 31 HOUSE BILL 934 15 TECHNOLOGY with an unauthorized individual or aids an unauthorized individual in the 1 practice of radiation therapy, radiography, nuclear medicine technology, [or] radiology 2 assistance, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG Y; 3 (16) Offers, undertakes, or agrees to cure or treat disease by a secret 4 method, treatment, or medicine; 5 (17) Is disciplined by a licensing or disciplinary authority or is convicted or 6 disciplined by a court of any state or country or is disciplined by any branch of the United 7 States uniformed services or the Veterans’ Administration for an act that would be grounds 8 for disciplinary action under the Board’s disciplinary statutes; 9 (18) Fails to meet appropriate standards for the delivery of quality radiation 10 therapy, radiography, nuclear medicine technology, [or] radiology assistance, OR LIMITED 11 LICENSED RADIOLOGIC TECHNOLOGY care performed in any outpatient surgical facility, 12 office, hospital or related institution, or any other location in this State; 13 (19) Knowingly submits false statements to collect fees for which services 14 are not provided; 15 (20) (i) Has been subject to investigation or disciplinary action by a 16 licensing or disciplinary authority or by a court of any state or country for an act that would 17 be grounds for disciplinary action under the Board’s disciplinary statutes; and 18 (ii) Has: 19 1. Surrendered the license issued by the state or country; or 20 2. Allowed the license issued by the state or country to expire 21 or lapse; 22 (21) Knowingly fails to report suspected child abuse in violation of § 5–704 23 of the Family Law Article; 24 (22) Sells, prescribes, gives away, or administers drugs for illegal or 25 illegitimate medical purposes; 26 (23) Practices or attempts to practice beyond the authorized scope of 27 practice; 28 (24) Refuses, withholds from, denies, or discriminates against an individual 29 with regard to the provision of professional services for which the licensee is licensed and 30 qualified to render because the individual is HIV positive; 31 (25) Practices or attempts to practice a radiation therapy, radiography, 32 nuclear medicine technology, [or] radiology assistance, OR LIMITED LICENSED 33 16 HOUSE BILL 934 RADIOLOGIC TECHNOLOG Y procedure or uses radiation therapy, radiography, nuclear 1 medicine technology, [or] radiology assistance, OR LIMITED LICENSED RADIOLO GIC 2 TECHNOLOGY equipment if the applicant or licensee has not received education, 3 internship, training, or experience in the performance of the procedure or the use of the 4 equipment; 5 (26) Fails to cooperate with a lawful investigation conducted by the Board 6 or a disciplinary panel; 7 (27) Fails to practice under the supervision of a physician or violates a 8 supervisory order of a supervising physician; or 9 (28) Fails to complete a criminal history records check under § 14–308.1 of 10 this title. 11 14–5B–17. 12 (E) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A PERSON MAY 13 NOT PRACTICE, ATTEMPT TO PRACTICE , OR OFFER TO PRACTICE LIMITED LICENSED 14 RADIOLOGIC TECHNOLOG Y IN THIS STATE UNLESS LICENSED TO PRACTICE AS A 15 LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST BY TH E BOARD. 16 14–5B–18. 17 (a) Unless authorized to practice radiation therapy, radiography, nuclear 18 medicine technology, [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC 19 TECHNOLOGY under this subtitle, a person may not represent to the public by title, by 20 description of services, methods, or procedures, or otherwise, that the person is authorized 21 to practice radiation therapy, radiography, nuclear medicine technology, [or] radiology 22 assistance, OR LIMITED LICENSED RADIOLOGIC TECHNOL OGY in this State. 23 (b) A person may not provide, attempt to provide, offer to provide, or represent 24 that the person provides radiation therapy, radiography, nuclear medicine technology, [or] 25 radiology assistance, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG Y care unless the 26 radiation therapy, radiography, nuclear medicine technology, or radiology assistance care 27 is provided by an individual who is authorized to practice radiation therapy, radiography, 28 nuclear medicine technology, [or] radiology assistance, OR LIMITED LICENSED 29 RADIOLOGIC TECHNOLOG Y under this subtitle. 30 14–5B–18.1. 31 (a) Except as otherwise provided in this subtitle, a licensed physician may not 32 employ or supervise an individual practicing radiation therapy, radiography, nuclear 33 medicine technology, [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC 34 TECHNOLOGY without a license. 35 HOUSE BILL 934 17 (b) Except as otherwise provided in this subtitle, a hospital, related institution, 1 alternative health system, or employer may not employ an individual practicing radiation 2 therapy, radiography, nuclear medicine technology, [or] radiology assistance, OR LIMITED 3 LICENSED RADIOLOGIC TECHNOLOGY without a license. 4 (c) A disciplinary panel may impose a civil penalty of up to $1,000 for employing 5 an individual without a license under this section. 6 (d) The Board shall remit any penalty collected under this section into the 7 General Fund of the State. 8 14–5B–20. 9 This subtitle may be cited as the “Maryland Radiation Therapy, Radiography, 10 Nuclear Medicine Technology, [and] Radiology Assistance, AND LIMITED LICENSED 11 RADIOLOGIC TECHNOLOGY Act”. 12 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13 October 1, 2024. 14