EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0934* HOUSE BILL 934 J2 4lr2064 CF SB 830 By: Delegate Hutchinson Delegates Hutchinson, Alston, Bagnall, Bhandari, Cullison, Guzzone, Hill, S. Johnson, Kerr, R. Lewis, Lopez, Martinez, Pena–Melnyk, Rosenberg, Taveras, White Holland, and Woods Introduced and read first time: February 2, 2024 Assigned to: Health and Government Operations Committee Report: Favorable with amendments House action: Adopted Read second time: March 3, 2024 CHAPTER ______ AN ACT concerning 1 Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology 2 Assistance – Limited Licensed Radiologic Technologist 3 State Board of Physicians – Performance of X–Ray Duties Without a License 4 FOR the purpose of establishing a licensing and regulatory system for the practice of 5 limited licensed radiologic technology under the State Board of Physicians; altering 6 the composition of the Radiation Therapy, Radiography, Nuclear Medicine 7 Technology, Radiology Assistance, and Limited Licensed Radiologic Technology 8 Advisory Committee; altering the circumstances under which individuals without a 9 license to practice medicine may perform X–ray duties; and generally relating to 10 limited licensed radiologic technologists the performance of X–ray duties by 11 individuals without a license. 12 BY repealing and reenacting, with amendments, 13 Article – Health Occupations 14 Section 14–306(e) 14–206(e)(2)(iii); and 14–5B–01, 14–5B–05 through 14–5B–09, 15 14–5B–12, 14–5B–14(a), 14–5B–18, 14–5B–18.1, and 14–5B–20 to be under 16 the amended subtitle “Subtitle 5B. Radiation Therapy, Radiography, Nuclear 17 Medicine Technology, Radiology Assistance, and Limited Licensed Radiologic 18 Technology” 19 Annotated Code of Maryland 20 (2021 Replacement Volume and 2023 Supplement) 21 2 HOUSE BILL 934 BY adding to 1 Article – Health Occupations 2 Section 14–306(g) and (h) 3 Annotated Code of Maryland 4 (2021 Replacement Volume and 2023 Supplement) 5 BY repealing and reenacting, without amendments, 6 Article – Health Occupations 7 Section 14–5B–03 and 14–5B–10 8 Annotated Code of Maryland 9 (2021 Replacement Volume and 2023 Supplement) 10 BY adding to 11 Article – Health Occupations 12 Section 14–5B–09.1, 14–5B–11(e), and 14–5B–17(e) 13 Annotated Code of Maryland 14 (2021 Replacement Volume and 2023 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 That the Laws of Maryland read as follows: 17 Article – Health Occupations 18 14–306. 19 (e) Except as otherwise provided in this section AND IN ACCORDANCE WITH 20 REGULATIONS ADOPTED BY THE BOARD, an individual may perform X–ray duties 21 without a license only if the duties: 22 (1) Do not include: 23 (i) Computerized or noncomputerized tomography; 24 (ii) Fluoroscopy; 25 (iii) Invasive radiology; 26 (iv) Mammography; 27 (v) Nuclear medicine; 28 (vi) Radiation therapy; or 29 (vii) Xerography; 30 (2) Are limited to X–ray procedures of the: 31 HOUSE BILL 934 3 (i) Chest[, anterior–posterior and lateral]; 1 (ii) Spine[, anterior–posterior and lateral; or], INCLUDING THE : 2 1. CERVICAL SPINE; 3 2. LUMBAR SPINE; 4 3. SACROILIAC JOINTS ; 5 4. SACRUM AND COCCYX; AND 6 5. THORACIC SPINE ; 7 (iii) [Extremities, anterior–posterior and lateral, not including the 8 head; and] LOWER EXTREMITIES , INCLUDING: 9 1. TOES; 10 2. THE FOOT; 11 3. THE ANKLE; 12 4. THE CALCANEUS ; 13 5. THE TIBIA AND FIBULA ; 14 6. THE KNEE AND PATELLA ; AND 15 7. THE FEMUR; AND 16 (IV) UPPER EXTREMITIES , INCLUDING: 17 1. FINGERS; 18 2. THE HAND; 19 3. THE WRIST; 20 4. THE FOREARM ; 21 5. THE ELBOW; 22 6. THE HUMERUS ; 23 4 HOUSE BILL 934 7. THE SHOULDER ; 1 8. THE CLAVICLE; 2 9. ACROMIOCLAVICULAR JOI NTS; AND 3 10. THE SCAPULA; AND 4 (3) Are performed: 5 (i) [By an individual who is not employed primarily to perform 6 X–ray duties; 7 (ii)] In the [medical office of the physician who delegates the duties] 8 PHYSICIAN’S OFFICE UNDER THE S UPERVISION OF A LICE NSED PHYSICIAN OR 9 RADIOLOGIC TECHNOLOG IST WHO IS ON–SITE OR ABLE TO PROV IDE IMMEDIATELY 10 AVAILABLE DIRECTION ; and 11 [(iii)] (II) 1. By an individual who[, before October 1, 2002,] has: 12 A. [Taken a course consisting of at least 30 hours of training 13 in performing X–ray procedures approved by the Maryland Radiological Society in 14 consultation with the Maryland Society of Radiologic Technologists] ATTESTED TO THE 15 COMPLETION OF AT LEA ST 6 MONTHS OF CLINICAL CARE EXPERIENCE ; and 16 B. [Successfully passed an examination based on that course 17 that has been approved by the Maryland Radiological Society in consultation with the 18 Maryland Society of Radiologic Technologists; or] COMPLETED A LIMITED S COPE X–RAY 19 EDUCATIONAL PROGRAM CO NSISTING OF AT LEAST 115 HOURS OF DIDACTIC 20 TRAINING DELIVERED B Y A RADIOLOGIC TECHN OLOGIST CERTIFIED BY THE 21 AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGISTS PROVIDI NG INSTRUCTION 22 IN RADIOGRAPHIC ANAT OMY, PROCEDURES , AND PATHOLOGY , DIGITAL IMAGE 23 ACQUISITION AND DISP LAY, FUNDAMENTALS , ETHICS, AND LAWS OF HEALTH C ARE, 24 HUMAN ANATOMY AND PH YSIOLOGY, IMAGE PRODUCTION AND ANALYSIS, IMAGING 25 EQUIPMENT AND RADIAT ION PRODUCTION , MEDICAL TERMINOLOGY , AND PATIENT 26 CARE; 27 C. COMPLETED AT LEAST 480 HOURS OF CLINICAL 28 TRAINING AND SUCCESS FULLY COMPLETED A MI NIMUM OF FIVE COMPET ENCIES IN 29 EACH BODY PART LISTE D IN ITEM (2) OF THIS SUBSECTION U NDER THE DIRECT 30 SUPERVISION OF A RAD IOLOGIC TECHNOLOGIST CERTIFIED BY THE AMERICAN 31 REGISTRY OF RADIOLOGIC TECHNOLO GISTS; 32 HOUSE BILL 934 5 D. ACHIEVED A PASSING SC ORE, AS DETERMINED BY 1 THE BOARD, ON THE AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGISTS 2 EXAMINATION FOR LIMI TED SCOPE OF PRACTIC E IN RADIOGRAPHY OR AN 3 ALTERNATIVE EXAMINAT ION APPROVED BY THE BOARD; AND 4 E. REGISTERED WITH THE BOARD ATTESTING TO TH E 5 COMPLETION OF THE RE QUIREMENTS OF THIS I TEM AND THE COMPLETI ON OF AT 6 LEAST 24 HOURS OF APPROVED CO NTINUING EDUCATION C REDITS EARNED DURING 7 THE 2–YEAR PERIOD IMMEDIAT ELY FOLLOWING THE DA TE OF INITIAL 8 REGISTRATION AND EVE RY 2 YEARS THEREAFTER ; OR 9 2. By a licensed physician assistant who has completed a 10 course that includes anterior–posterior and lateral radiographic studies of extremities on 11 at least 20 separate patients under the direct supervision of the delegating physician or 12 radiologist using a mini C–arm or similar low–level radiation machine to perform 13 nonfluoroscopic X–ray procedures, if the duties: 14 A. Include only the X–ray procedures described in paragraph 15 (2)(iii) of this subsection; and 16 B. Are performed pursuant to a Board–approved delegation 17 agreement that includes a request to perform advanced duties under § 15–302(c)(2) of this 18 article. 19 (G) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE BOARD, A 20 PHYSICIAN’S OFFICE THAT EMPLOY S AN INDIVIDUAL AUTH ORIZED TO PERFORM 21 X–RAY DUTIES WITHOUT A LICENSE UNDER SUBSEC TION (E) OF THIS SECTION IS 22 RESPONSIBLE FOR ENSU RING THAT ALL REQUIR EMENTS OF SUBSECTION (E) OF 23 THIS SECTION ARE MET FOR EACH X–RAY EXAMINATION PERF ORMED. 24 (H) IF AN UNLICENSED INDI VIDUAL PERFORMS X–RAY DUTIES WITHOUT 25 MEETING THE REQUIREM ENTS OF SUBSECTION (E) OF THIS SECTION , THE BOARD 26 MAY IMPOSE A CIVIL P ENALTY OF UP TO : 27 (1) $5,000 FOR EACH VIOLATION O N THE PHYSICIAN’S OFFICE WHERE 28 THE VIOLATION OCCURR ED; AND 29 (2) $1,000 FOR EACH VIOLATION O N THE INDIVIDUAL WHO 30 COMMITTED THE VIOLAT ION. 31 14–206. 32 (e) A disciplinary panel may issue a cease and desist order or obtain injunctive 33 relief against an individual for: 34 6 HOUSE BILL 934 (2) Representing to the public, by title, description of services, methods, 1 procedures, or otherwise, that the individual is authorized to practice: 2 (iii) Radiation therapy, radiography, nuclear medicine technology, 3 [or] radiation assistance, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG Y in this 4 State, in violation of § 14–5B–18 of this title; 5 Subtitle 5B. Radiation Therapy, Radiography, Nuclear Medicine Technology, [and] 6 Radiology Assistance, AND LIMITED LICENSED RADIOLOGIC TECHNOLOGY . 7 14–5B–01. 8 (a) In this subtitle the following words have the meanings indicated. 9 (b) “Board” means the State Board of Physicians. 10 (c) “Certification” means recognition of an individual who has satisfied certain 11 standards required by a national certifying board. 12 (d) “Committee” means the Radiation Therapy, Radiography, Nuclear Medicine 13 Technology, [and] Radiology Assistance, AND LIMITED LICENSED RADIOLOGIC 14 TECHNOLOGY Advisory Committee of the Board. 15 [(f)] (E) “License” means a license issued by the Board to practice as a radiation 16 therapist, radiographer, nuclear medicine technologist, [or] radiologist assistant, OR 17 LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST . 18 [(g)] (F) “Licensed nuclear medicine technologist” means a nuclear medicine 19 technologist who is licensed by the Board to practice nuclear medicine technology. 20 [(h)] (G) “Licensed radiation therapist” means a radiation therapist who is 21 licensed by the Board to practice radiation therapy. 22 [(i)] (H) “Licensed radiographer” means a radiographer who is licensed by the 23 Board to practice radiography. 24 [(j)] (I) “Licensed radiologist assistant” means an individual who is licensed to 25 practice radiology assistance under the supervision of a licensed physician who: 26 (1) Specializes in radiology; and 27 (2) Is certified by: 28 (i) The American Board of Radiology; 29 (ii) The American Osteopathic Board of Radiology; 30 HOUSE BILL 934 7 (iii) The British Royal College of Radiology; or 1 (iv) The Canadian College of Physicians and Surgeons. 2 (J) “LIMITED LICENSED RADI OLOGIC TECHNOLOGIST ” MEANS AN 3 INDIVIDUAL WHO IS LI CENSED TO PRACTICE L IMITED LICENSED RADI OLOGIC 4 TECHNOLOGY UNDER THE SUPERVISION OF A LIC ENSED PHYSICIAN . 5 (k) “Licensee” means an individual who is licensed by the Board to practice as a 6 radiation therapist, a radiographer, a nuclear medicine technologist, [or] radiologist 7 assistant, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG IST. 8 (l) “National certifying board” means: 9 (1) The American Registry of Radiologic Technologists; 10 (2) The Nuclear Medicine Technology Certifying Board; or 11 (3) Another certifying organization approved by the Board. 12 (M) “PRACTICE LIMITED LICE NSED RADIOLOGIC TECH NOLOGY” MEANS TO 13 PERFORM RADIOGRAPHIC PROCEDURES EMPLOYING EQUIPMENT TH AT EMITS 14 IONIZING RADIATION T HAT IS LIMITED TO SP ECIFIC AREAS OF THE HUMAN BODY . 15 [(m)] (N) “Practice nuclear medicine technology” means to: 16 (1) Prepare and administer radiopharmaceuticals to human beings; or 17 (2) Conduct in vivo detection and measurement of radioactivity for medical 18 purposes to assist in the diagnosis and treatment of disease or injury. 19 [(n)] (O) “Practice radiation therapy” means to perform tumor localization 20 radiography and apply therapeutic doses of radiation for the treatment of disease or injury. 21 [(o)] (P) “Practice radiography” means to use ionizing radiation to: 22 (1) Demonstrate portions of the human body to assist in the diagnosis or 23 localization of disease or injury; or 24 (2) Perform tumor localization radiography. 25 [(p)] (Q) “Practice radiology assistance” means to practice radiography and to 26 perform: 27 (1) Fluoroscopy and selected radiology procedures; 28 8 HOUSE BILL 934 (2) Patient assessment; and 1 (3) Patient management. 2 [(q)] (R) “Supervision” means the responsibility of a licensed physician to 3 exercise on–site or immediately available direction for licensees. 4 14–5B–03. 5 The Board shall adopt regulations to carry out the provisions of this subtitle. 6 14–5B–05. 7 (a) There is a Radiation Therapy, Radiography, Nuclear Medicine Technology, 8 [and] Radiology Assistance, AND LIMITED LICENSED RADIOLOGIC TECHNOLOGY 9 Advisory Committee within the Board. 10 (b) (1) The Committee consists of [nine] 11 members appointed by the Board. 11 (2) Of the [nine] members: 12 (i) One shall be a licensed physician who specializes in radiology; 13 (ii) One shall be a licensed physician who specializes in radiology 14 and who supervises a radiologist assistant OR LIMITED LICENSED RADIOLOGIC 15 TECHNOLOGIST ; 16 (iii) One shall be a licensed physician who specializes in nuclear 17 medicine; 18 (iv) One shall be a licensed physician who specializes in radiation 19 oncology; 20 (v) One shall be a radiation therapist; 21 (vi) One shall be a radiographer; 22 (vii) One shall be a radiologist assistant; 23 (viii) One shall be a nuclear medicine technologist; [and] 24 (IX) ONE SHALL BE A LIMITE D LICENSED RADIOLOGI C 25 TECHNOLOGIST ; AND 26 [(ix)] (X) [One] TWO shall be [a] consumer [member] MEMBERS. 27 HOUSE BILL 934 9 (c) (1) From among its members, the Committee shall elect a chair once every 1 2 years. 2 (2) The chair, or the chair’s designee, shall serve in an advisory capacity to 3 the Board as a representative of the Committee. 4 (d) The consumer [member] MEMBERS of the Committee: 5 (1) Shall be [a member] MEMBERS of the general public; 6 (2) May not be or ever have been a health care professional or in training 7 to be a health care professional; and 8 (3) May not: 9 (i) Participate or ever have participated in a commercial or 10 professional field related to radiation therapy, radiography, nuclear medicine technology, 11 [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG Y; 12 (ii) Have a household member who participates in a commercial or 13 professional field related to radiation therapy, radiography, nuclear medicine technology, 14 [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG Y; or 15 (iii) Have had within 2 years before appointment a financial interest 16 in a person regulated by the Board. 17 (e) (1) The term of a member is 3 years. 18 (2) The terms of members are staggered as required by regulation. 19 (3) At the end of a term, a member continues to serve until a successor is 20 appointed and qualifies. 21 (4) A member may not serve more than 2 consecutive full terms. 22 14–5B–06. 23 (a) In addition to the powers set forth elsewhere in this subtitle, the Committee 24 shall: 25 (1) Make recommendations to the Board on regulations necessary to carry 26 out the provisions of this subtitle; 27 (2) Make recommendations to the Board on a code of ethics for the practice 28 of radiation therapy, the practice of radiography, the practice of nuclear medicine 29 10 HOUSE BILL 934 technology, [and] the practice of radiology assistance, AND THE PRACTICE OF LIMITED 1 LICENSED RADIOLOG IC TECHNOLOGY for adoption by the Board; 2 (3) On request, make recommendations to the Board on standards of care 3 for the practice of radiation therapy, the practice of radiography, the practice of nuclear 4 medicine technology, [and] the practice of radiology assistance, AND THE PRACTICE OF 5 LIMITED LICENSED RAD IOLOGIC TECHNOLOGY ; 6 (4) Make recommendations to the Board on the requirements for licensure 7 as a radiation therapist, radiographer, nuclear medicine technologist, [or] radiologist 8 assistant, OR LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST ; 9 (5) On request, review applications for licensure as a radiation therapist, 10 radiographer, nuclear medicine technologist, [or] radiologist assistant, OR LIMITED 11 LICENSED RADIOLOGIC TECHNOLOGIST and make recommendations to the Board; 12 (6) Develop and recommend to the Board continuing education 13 requirements for license renewal; 14 (7) Advise the Board on matters related to the practice of radiation 15 therapy, the practice of radiography, the practice of nuclear medicine technology, [and] the 16 practice of radiology assistance, AND THE PRACTICE OF LIMITED LICENSED 17 RADIOLOGIC TECHNOLOG Y; 18 (8) Keep a record of its proceedings; and 19 (9) Submit an annual report to the Board. 20 (b) The Board shall: 21 (1) Consider all recommendations of the Committee; and 22 (2) Provide to the Committee an annual report on the disciplinary matters 23 involving licensees. 24 14–5B–07. 25 (a) (1) A licensee may only practice under the supervision of a licensed 26 physician. 27 (2) The failure of a licensed physician to properly supervise a licensee is 28 unprofessional conduct in the practice of medicine under § 14–404(a)(3) of this title. 29 (b) (1) Except as provided in paragraph (2) of this subsection, the practice of a 30 radiation therapist, radiographer, nuclear medicine technologist, [or] radiologist assistant, 31 HOUSE BILL 934 11 OR LIMITED LICENSED RADIOLOGIC TECHNOLOG IST is limited to those procedures, 1 operations, preparations, and practices listed in regulation. 2 (2) A radiologist assistant may not: 3 (i) Interpret images; 4 (ii) Make diagnoses; or 5 (iii) Prescribe medications or therapies. 6 14–5B–08. 7 (a) (1) Except as otherwise provided in this subtitle, an individual shall be 8 licensed by the Board before the individual may practice radiation therapy, radiography, 9 nuclear medicine technology, [or] radiology assistance, OR LIMITED LICENSED 10 RADIOLOGIC TECHNOLOG Y in this State. 11 (2) A radiologist assistant may not: 12 (i) Interpret images; 13 (ii) Make diagnoses; or 14 (iii) Prescribe medications or therapies. 15 (b) This section does not apply to: 16 (1) An individual employed by the federal government as a radiation 17 therapist, radiographer, a nuclear medicine technologist, [or] radiologist assistant, OR 18 LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST while the individual is practicing 19 within the scope of that employment; or 20 (2) A radiation therapy student, a radiography student, a nuclear medicine 21 technology student, [or] a radiology assistant student, OR A LIMITED LICENSE D 22 RADIOLOGIC TECHNOLOG IST STUDENT enrolled in an education program which is 23 accredited by an approved accrediting organization while practicing radiation therapy, 24 radiography, nuclear medicine technology, [or] radiology assistance, OR LIMITED 25 LICENSED RADIOLOGIC TECHNOLOGY in that program. 26 14–5B–09. 27 (a) To qualify for a license, an applicant shall be an individual who meets the 28 requirements of this section. 29 12 HOUSE BILL 934 (b) Except as provided in [subsection] SUBSECTIONS (c) AND (D) of this section, 1 the applicant [shall] MUST: 2 (1) Be of good moral character; 3 (2) Be at least 18 years old; 4 (3) Demonstrate oral and written competency in English as required by the 5 Board; 6 (4) Meet any educational, training, or examination requirements 7 established by the Board, including: 8 (i) Graduation from an appropriate educational program as 9 determined by the Board; and 10 (ii) Certification; and 11 (5) Complete a criminal history records check in accordance with § 12 14–308.1 of this title. 13 (c) To qualify for a license to practice as a radiologist assistant, an applicant shall: 14 (1) Be issued a general license to perform radiography; 15 (2) Complete an advanced academic program with a nationally recognized 16 radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 17 or graduate degree and incorporates a radiologist–directed clinical preceptorship; 18 (3) Be certified in advanced cardiac life support; and 19 (4) Be certified as a radiologist assistant by the American Registry of 20 Radiologic Technologists. 21 (D) IN ADDITION TO THE RE QUIREMENTS OF SUBSEC TION (B) OF THIS 22 SECTION, TO QUALIFY FOR A LIC ENSE TO PRACTICE AS A LIMITED LICENSED 23 RADIOLOGIC TECHNOLOG IST, AN APPLICANT SHALL M EET THE REQUIREMENTS OF 24 § 14–5B–09.1 OF THIS SUBTITLE. 25 [(d)] (E) Except for requirements adopted by the Board for license renewal under 26 § 14–5B–12 of this subtitle, nothing in this subtitle may be construed to require an 27 individual who is certified by the Board as a radiation oncology/therapy technologist, 28 medical radiation technologist, or nuclear medicine technologist as of October 1, 2008, to 29 meet additional education, training, or examination requirements. 30 14–5B–09.1. 31 HOUSE BILL 934 13 (A) AN APPLICANT FOR LICE NSURE AS A LIMITED L ICENSED RADIOLOGIC 1 TECHNOLOGIST SHALL S UBMIT TO THE BOARD: 2 (1) EVIDENCE OF COMPLETIO N OF EDUCATION REQUI REMENTS 3 UNDER SUBSECTION (B) OF THIS SECTION, AS APPLICABLE; AND 4 (2) (I) EVIDENCE OF HAVING AC HIEVED A PASSING SCO RE, AS 5 DETERMINED BY THE BOARD, ON THE SECTION OF TH E AMERICAN REGISTRY OF 6 RADIOLOGIC TECHNOLOGISTS EXAMINA TION FOR LIMITED SCOPE OF PRACTICE IN 7 RADIOGRAPHY APPROPRIAT E FOR THE ANATOMICAL AREA ON WHICH THE 8 APPLICANT IS APPLYIN G TO PRACTICE; 9 (II) EVIDENCE OF HAVING AC HIEVED A PASSING SCO RE, AS 10 DETERMINED BY THE BOARD, ON ANOTHER EXAMINATI ON APPROVED BY THE 11 BOARD; OR 12 (III) EVIDENCE OF COMPLET ION OF AN ALTERNATIV E TO 13 EXAMINATION APPROVED BY THE BOARD. 14 (B) TO QUALIFY FOR LICENS URE AS A LIMITED LIC ENSED RADIOLOGIC 15 TECHNOLOGIST , AN APPLICANT SHALL C OMPLETE: 16 (1) EDUCATIONAL COURSEWOR K: 17 (I) DIRECTED BY A RADIOLO GIC TECHNOLOGIST WIT H A 18 BACHELOR’S DEGREE AND CURRENT AMERICAN REGISTRY OF RADIOLOGIC 19 TECHNOLOGISTS CERTIFI CATION; 20 (II) TAUGHT BY INSTRUCTORS WHO ARE LICENSED RAD IOLOGIC 21 TECHNOLOGISTS OR PHY SICIANS WHO ARE BOAR D CERTIFIED IN RADIO LOGY; AND 22 (III) THAT INCLUDES AT LEAS T: 23 1. 25 CLOCK HOURS OF IMAGE PRODUCTION AND 24 EQUIPMENT OPERATION ; 25 2. 15 CLOCK HOURS OF RADIA TION PROTECTION ; AND 26 3. 10 CLOCK HOURS OF RADIO GRAPHIC PROCEDURES I N 27 THE ANATOMICAL AREA OF THE LIMITED LICEN SED RADIOLOGIC TECHN OLOGIST’S 28 PRACTICE, TAUGHT BY: 29 14 HOUSE BILL 934 A. A RADIOLOGIC TECHNOLOG IST WITH CURRENT 1 AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGISTS CERTIFI CATION; OR 2 B. A LICENSED DOCTOR OF M EDICINE, OSTEOPATHY , 3 PODIATRY, OR CHIROPRACTIC ; OR 4 (2) ANY OTHER EDUCATION P ROGRAM APPROVED BY T HE BOARD. 5 (C) AN APPLICANT WHO FAIL S AN EXAMINATION REQ UIRED UNDER THIS 6 SECTION MAY RETAKE T HE EXAMINATION TWICE BEFORE THE APPLICANT MUST 7 REAPPLY AND DEMONSTR ATE COMPLETION OF AN Y ADDITIONAL EDUCATI ON 8 REQUIRED BY THE BOARD. 9 (D) A LICENSE ISSUED TO PR ACTICE AS A LIMITED LICENSED RAD IOLOGIC 10 TECHNOLOGIST UNDER T HIS SECTION AUTHORIZ ES THE LICENSEE TO P RACTICE 11 ONLY ON THE ANATOMIC AL AREA AUTHORIZED B Y THE BOARD, AS DETERMINED BY 12 THE BOARD BASED ON THE ED UCATION AND EXAMINAT IONS COMPLETED BY TH E 13 LICENSEE. 14 14–5B–10. 15 (a) To apply for a license, an applicant shall: 16 (1) Complete a criminal history records check in accordance with § 17 14–308.1 of this title; 18 (2) Submit an application to the Board on the form that the Board requires; 19 and 20 (3) Pay to the Board the application fee set by the Board. 21 (b) Subject to subsection (c) of this section, the Board shall issue the appropriate 22 license to an applicant who meets the requirements of this subtitle for that license. 23 (c) (1) On receipt of the criminal history record information of an applicant for 24 licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining 25 whether to issue a license, the Board shall consider: 26 (i) The age at which the crime was committed; 27 (ii) The nature of the crime; 28 (iii) The circumstances surrounding the crime; 29 (iv) The length of time that has passed since the crime; 30 HOUSE BILL 934 15 (v) Subsequent work history; 1 (vi) Employment and character references; and 2 (vii) Other evidence that demonstrates whether the applicant poses a 3 threat to the public health or safety. 4 (2) The Board may not issue a license if the criminal history record 5 information required under § 14–308.1 of this title has not been received. 6 14–5B–11. 7 (E) SUBJECT TO § 14–5B–09.1(D) OF THIS SUBTITLE , LICENSURE AS A 8 LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST AUTHORIZES AN INDIVI DUAL TO 9 PRACTICE LIMITED LIC ENSED RADIOLOGIC TEC HNOLOGY WHILE THE LI CENSE IS 10 EFFECTIVE. 11 14–5B–12. 12 (a) (1) The term of a license issued by the Board may not exceed 3 years. 13 (2) A license expires on a date set by the Board, unless the license is 14 renewed for an additional term as provided in this section. 15 (b) At least 1 month before the license expires, the Board shall send to the licensee 16 a renewal notice that states: 17 (1) The date on which the current license expires; 18 (2) The date by which the renewal application must be received by the 19 Board for the renewal to be issued and mailed before the license expires; and 20 (3) The amount of the renewal fee. 21 (c) Except as otherwise provided in this subtitle, before a license expires, the 22 licensed individual may periodically renew it for an additional term, if the individual: 23 (1) Is of good moral character; 24 (2) Pays to the Board a renewal fee set by the Board; 25 (3) Submits to the Board: 26 (i) A renewal application on the form that the Board requires; and 27 16 HOUSE BILL 934 (ii) Satisfactory evidence of compliance with any continuing 1 education or competency requirements and other requirements required by the Board for 2 license renewal; and 3 (4) Meets any additional renewal requirements established by the Board. 4 (d) (1) In addition to any other qualifications and requirements established by 5 the Board, the Board may establish continuing education or competency requirements as a 6 condition to the renewal of licenses under this section. 7 (2) A disciplinary panel may impose a civil penalty of up to $100 per 8 continuing medical education credit in lieu of a sanction under § 14–5B–14 of this subtitle, 9 for a first offense, for the failure of a licensee to obtain the continuing medical education 10 credits required by the Board. 11 (e) (1) The Board shall renew the license of each individual who meets the 12 renewal requirements of this section. 13 (2) A license may not be renewed for a term longer than 2 years. 14 (f) The Board shall reinstate the license of a radiation therapist, radiographer, 15 nuclear medicine technologist, [or] radiologist assistant, OR LIMITED LICENSED 16 RADIOLOGIC TECHNOLOG IST who has failed to renew a license for any reason if the 17 radiation therapist, radiographer, nuclear medicine technologist, [or] radiologist assistant, 18 OR LIMITED LICENSED RADIOLOGIC TECHNOLOG IST: 19 (1) Meets the renewal requirements of this section; 20 (2) Submits to the Board: 21 (i) A reinstatement application on the form that the Board requires; 22 and 23 (ii) Satisfactory evidence of compliance with any continuing 24 education or competency requirements; and 25 (3) Meets any additional requirements established by the Board for 26 reinstatement. 27 (g) (1) Beginning October 1, 2016, the Board shall require a criminal history 28 records check in accordance with § 14–308.1 of this title for: 29 (i) Renewal applicants as determined by regulations adopted by the 30 Board; and 31 (ii) Each former licensee who files for reinstatement under 32 subsection (f) of this section. 33 HOUSE BILL 934 17 (2) On receipt of the criminal history record information of a licensee 1 forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 2 disciplinary action should be taken, based on the criminal history record information, 3 against a licensee who renewed or reinstated a license, the Board shall consider: 4 (i) The age at which the crime was committed; 5 (ii) The nature of the crime; 6 (iii) The circumstances surrounding the crime; 7 (iv) The length of time that has passed since the crime; 8 (v) Subsequent work history; 9 (vi) Employment and character references; and 10 (vii) Other evidence that demonstrates whether the licensee poses a 11 threat to the public health or safety. 12 (3) The Board may renew or reinstate a license only if the licensee or 13 applicant attests that the licensee or applicant has submitted to a criminal history records 14 check under § 14–308.1 of this title. 15 14–5B–14. 16 (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 17 on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 18 license to any applicant, reprimand any licensee, place any licensee on probation, or 19 suspend or revoke a license, if the applicant or licensee: 20 (1) Fraudulently or deceptively obtains or attempts to obtain a license for 21 the applicant, licensed individual, or for another; 22 (2) Fraudulently or deceptively uses a license; 23 (3) Is guilty of unprofessional or immoral conduct in the practice of 24 radiation therapy, radiography, nuclear medicine technology, [or] radiology assistance, OR 25 LIMITED LICENSED RAD IOLOGIC TECHNOLOGY ; 26 (4) Is professionally, physically, or mentally incompetent; 27 (5) Abandons a patient; 28 (6) Is habitually intoxicated; 29 18 HOUSE BILL 934 (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 1 substance as defined in § 5–101 of the Criminal Law Article; 2 (8) Provides professional services while: 3 (i) Under the influence of alcohol; or 4 (ii) Using any narcotic or controlled dangerous substance as defined 5 in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 6 amounts or without valid medical indication; 7 (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 8 patient so as to exploit the patient for financial gain; 9 (10) Willfully makes or files a false report or record in the practice of 10 radiation therapy, radiography, nuclear medicine technology, [or] radiology assistance, OR 11 LIMITED LICENSED RAD IOLOGIC TECHNOLOGY ; 12 (11) Willfully fails to file or record any report as required under law, 13 willfully impedes or obstructs the filing or recording of a report, or induces another to fail 14 to file or record a report; 15 (12) Breaches patient confidentiality; 16 (13) Pays or agrees to pay any sum or provide any form of remuneration or 17 material benefit to any person for bringing or referring a patient or accepts or agrees to 18 accept any sum or any form of remuneration or material benefit from an individual for 19 bringing or referring a patient; 20 (14) Knowingly makes a misrepresentation while practicing radiation 21 therapy, radiography, nuclear medicine technology, [or] radiology assistance, OR LIMITED 22 LICENSED RADIOLOGIC TECHNOLOGY ; 23 (15) Knowingly practices radiation therapy, radiography, nuclear medicine 24 technology, [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC 25 TECHNOLOGY with an unauthorized individual or aids an unauthorized individual in the 26 practice of radiation therapy, radiography, nuclear medicine technology, [or] radiology 27 assistance, OR LIMITED LICENS ED RADIOLOGIC TECHNO LOGY; 28 (16) Offers, undertakes, or agrees to cure or treat disease by a secret 29 method, treatment, or medicine; 30 (17) Is disciplined by a licensing or disciplinary authority or is convicted or 31 disciplined by a court of any state or country or is disciplined by any branch of the United 32 States uniformed services or the Veterans’ Administration for an act that would be grounds 33 for disciplinary action under the Board’s disciplinary statutes; 34 HOUSE BILL 934 19 (18) Fails to meet appropriate standards for the delivery of quality radiation 1 therapy, radiography, nuclear medicine technology, [or] radiology assistance, OR LIMITED 2 LICENSED RADIOLOGIC TECHNOLOGY care performed in any outpatient surgical facility, 3 office, hospital or related institution, or any other location in this State; 4 (19) Knowingly submits false statements to collect fees for which services 5 are not provided; 6 (20) (i) Has been subject to investigation or disciplinary action by a 7 licensing or disciplinary authority or by a court of any state or country for an act that would 8 be grounds for disciplinary action under the Board’s disciplinary statutes; and 9 (ii) Has: 10 1. Surrendered the license issued by the state or country; or 11 2. Allowed the license issued by the state or country to expire 12 or lapse; 13 (21) Knowingly fails to report suspected child abuse in violation of § 5–704 14 of the Family Law Article; 15 (22) Sells, prescribes, gives away, or administers drugs for illegal or 16 illegitimate medical purposes; 17 (23) Practices or attempts to practice beyond the authorized scope of 18 practice; 19 (24) Refuses, withholds from, denies, or discriminates against an individual 20 with regard to the provision of professional services for which the licensee is licensed and 21 qualified to render because the individual is HIV positive; 22 (25) Practices or attempts to practice a radiation therapy, radiography, 23 nuclear medicine technology, [or] radiology assistance, OR LIMITED LICENSED 24 RADIOLOGIC TECHNOLOG Y procedure or uses radiation therapy, radiography, nuclear 25 medicine technology, [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC 26 TECHNOLOGY equipment if the applicant or licensee has not received education, 27 internship, training, or experience in the performance of the procedure or the use of the 28 equipment; 29 (26) Fails to cooperate with a lawful investigation conducted by the Board 30 or a disciplinary panel; 31 (27) Fails to practice under the supervision of a physician or violates a 32 supervisory order of a supervising physician; or 33 20 HOUSE BILL 934 (28) Fails to complete a criminal history records check under § 14–308.1 of 1 this title. 2 14–5B–17. 3 (E) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A PERSON MAY 4 NOT PRACTICE, ATTEMPT TO PRACTICE , OR OFFER TO PRACTICE LIMITED LICENSED 5 RADIOLOGIC TECHNOLOG Y IN THIS STATE UNLESS LICENSED TO PRACTICE AS A 6 LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST BY THE BOARD. 7 14–5B–18. 8 (a) Unless authorized to practice radiation therapy, radiography, nuclear 9 medicine technology, [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC 10 TECHNOLOGY under this subtitle, a person may not represent to the public by title, by 11 description of services, methods, or procedures, or otherwise, that the person is authorized 12 to practice radiation therapy, radiography, nuclear medicine technology, [or] radiology 13 assistance, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG Y in this State. 14 (b) A person may not provide, attempt to provide, offer to provide, or represent 15 that the person provides radiation therapy, radiography, nuclear medicine technology, [or] 16 radiology assistance, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG Y care unless the 17 radiation therapy, radiography, nuclear medicine technology, or radiology assistance care 18 is provided by an individual who is authorized to practice radiation therapy, radiography, 19 nuclear medicine technology, [or] radiology assistance, OR LIMITED LICENSED 20 RADIOLOGIC TECHNOLOG Y under this subtitle. 21 14–5B–18.1. 22 (a) Except as otherwise provided in this subtitle, a licensed physician may not 23 employ or supervise an individual practicing radiation therapy, radiography, nuclear 24 medicine technology, [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC 25 TECHNOLOGY without a license. 26 (b) Except as otherwise provided in this subtitle, a hospital, related institution, 27 alternative health system, or employer may not employ an individual practicing radiation 28 therapy, radiography, nuclear medicine technology, [or] radiology assistance, OR LIMITED 29 LICENSED RADIOLOGIC TECHNOLOGY without a license. 30 (c) A disciplinary panel may impose a civil penalty of up to $1,000 for employing 31 an individual without a license under this section. 32 (d) The Board shall remit any penalty collected under this section into the 33 General Fund of the State. 34 HOUSE BILL 934 21 14–5B–20. 1 This subtitle may be cited as the “Maryland Radiation Therapy, Radiography, 2 Nuclear Medicine Technology, [and] Radiology Assistance, AND LIMITED LICENSED 3 RADIOLOGIC TECHNOLOGY Act”. 4 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2029, 5 the State Board of Physicians shall report to the Senate Finance Committee and the House 6 Health and Government Operations Committee, in accordance with § 2–1257 of the State 7 Government Article, on: 8 (1) the number of individuals who have registered with the Board to 9 perform limited X–ray duties under § 14–306(e) of the Health Occupations Article, as 10 enacted by Section 1 of this Act; and 11 (2) its recommendations regarding the continuation of the registration 12 process or the replacement of the registration process with a limited licensure category. 13 SECTION 3. AND BE IT FURTHER ENACTED, That this Act may not be construed 14 to prohibit the establishment of a program that provides the training described in § 15 14–306(e)(3)(ii) of the Health – General Article, as enacted by Section 1 of this Act, before 16 the effective date of this Act. 17 SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 October January 1, 2024 2025. It shall remain effective for a period of 5 years and, at the 19 end of December 31, 2030, this Act, with no further action required by the General 20 Assembly, shall be abrogated and of no further force and effect. 21 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.