EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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. Italics indicate opposite chamber/conference committee amendments. *hb0934* HOUSE BILL 934 J2 (4lr2064) ENROLLED BILL — Health and Government Operations/Finance — Introduced 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 Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this _______ day of _______________ at ________________________ o’clock, ________M. ______________________________________________ Speaker. 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 2 HOUSE BILL 934 BY repealing and reenacting, with amendments, 1 Article – Health Occupations 2 Section 14–306(e) 14–206(e)(2)(iii); and 14–5B–01, 14–5B–05 through 14–5B–09, 3 14–5B–12, 14–5B–14(a), 14–5B–18, 14–5B–18.1, and 14–5B–20 to be under 4 the amended subtitle “Subtitle 5B. Radiation Therapy, Radiography, Nuclear 5 Medicine Technology, Radiology Assistance, and Limited Licensed Radiologic 6 Technology” 7 Annotated Code of Maryland 8 (2021 Replacement Volume and 2023 Supplement) 9 BY adding to 10 Article – Health Occupations 11 Section 14–306(g) and (h) 12 Annotated Code of Maryland 13 (2021 Replacement Volume and 2023 Supplement) 14 BY repealing and reenacting, without amendments, 15 Article – Health Occupations 16 Section 14–5B–03 and 14–5B–10 17 Annotated Code of Maryland 18 (2021 Replacement Volume and 2023 Supplement) 19 BY adding to 20 Article – Health Occupations 21 Section 14–5B–09.1, 14–5B–11(e), and 14–5B–17(e) 22 Annotated Code of Maryland 23 (2021 Replacement Volume and 2023 Supplement) 24 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 That the Laws of Maryland read as follows: 26 Article – Health Occupations 27 14–306. 28 (e) Except as otherwise provided in this section AND IN ACCORDANCE WITH 29 REGULATIONS ADOPTED BY THE BOARD, an individual may perform X–ray duties 30 without a license only if the duties: 31 (1) Do not include: 32 (i) Computerized or noncomputerized tomography; 33 (ii) Fluoroscopy; 34 (iii) Invasive radiology; 35 HOUSE BILL 934 3 (iv) Mammography; 1 (v) Nuclear medicine; 2 (vi) Radiation therapy; or 3 (vii) Xerography; 4 (2) Are limited to X–ray procedures of the: 5 (i) Chest[, anterior–posterior and lateral]; 6 (ii) Spine[, anterior–posterior and lateral; or], INCLUDING THE : 7 1. CERVICAL SPINE; 8 2. LUMBAR SPINE; 9 3. SACROILIAC JOINTS ; 10 4. SACRUM AND COCCYX ; AND 11 5. THORACIC SPINE ; 12 (iii) [Extremities, anterior–posterior and lateral, not including the 13 head; and] LOWER EXTREMITIES , INCLUDING: 14 1. TOES; 15 2. THE FOOT; 16 3. THE ANKLE; 17 4. THE CALCANEUS ; 18 5. THE TIBIA AND FIBULA ; 19 6. THE KNEE AND PATELLA ; AND 20 7. THE FEMUR; AND 21 (IV) UPPER EXTREMITIES , INCLUDING: 22 1. FINGERS; 23 4 HOUSE BILL 934 2. THE HAND; 1 3. THE WRIST; 2 4. THE FOREARM ; 3 5. THE ELBOW; 4 6. THE HUMERUS ; 5 7. THE SHOULDER ; 6 8. THE CLAVICLE; 7 9. ACROMIOCLAVICULAR JOI NTS; AND 8 10. THE SCAPULA; AND 9 (3) Are performed: 10 (i) [By an individual who is not employed primarily to perform 11 X–ray duties; 12 (ii)] In the [medical office of the physician who delegates the duties] 13 PHYSICIAN’S OFFICE UNDER THE S UPERVISION OF A LICE NSED PHYSICIAN OR 14 RADIOLOGIC TECHNOLOG IST WHO IS ON–SITE OR ABLE TO PROV IDE IMMEDIATELY 15 AVAILABLE DIRECTION ; and 16 [(iii)] (II) 1. By an individual who[, before October 1, 2002,] has: 17 A. [Taken a course consisting of at least 30 hours of training 18 in performing X–ray procedures approved by the Maryland Radiological Society in 19 consultation with the Maryland Society of Radiologic Technologists] ATTESTED TO THE 20 COMPLETION OF AT LEA ST 6 MONTHS OF CLINICAL C ARE EXPERIENCE ; and 21 B. [Successfully passed an examination based on that course 22 that has been approved by the Maryland Radiological Society in consultation with the 23 Maryland Society of Radiologic Technologists; or] COMPLETED A LIMITED S COPE X–RAY 24 EDUCATIONAL PROGRAM CONSISTING OF AT LEA ST 115 HOURS OF DIDACTIC 25 TRAINING DELIVERED B Y A RADIOLOGIC TECHN OLOGIST CERTIFIED BY THE 26 AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGIST S PROVIDING INSTRUCT ION 27 IN RADIOGRAPHIC ANAT OMY, PROCEDURES , AND PATHOLOGY , DIGITAL IMAGE 28 ACQUISITION AND DISP LAY, FUNDAMENTALS , ETHICS, AND LAWS OF HEALTH C ARE, 29 HUMAN ANATOMY AND PH YSIOLOGY, IMAGE PRODUCTION AND ANALYSIS, IMAGING 30 HOUSE BILL 934 5 EQUIPMENT AND RADIAT ION PRODUCTION, MEDICAL TERMINOLOGY , AND PATIENT 1 CARE; 2 C. COMPLETED AT LEAST 480 HOURS OF CLINICAL 3 TRAINING AND SUCCESS FULLY COMPLETED A MI NIMUM OF FIVE COMPET ENCIES IN 4 EACH BODY PART LISTE D IN ITEM (2) OF THIS SUBSECTION U NDER THE DIRECT 5 SUPERVISION OF A RADIOLOGIC TECHNOLOG IST CERTIFIED BY THE AMERICAN 6 REGISTRY OF RADIOLOGIC TECHNOLOGISTS ; 7 D. ACHIEVED A PASSING SC ORE, AS DETERMINED BY 8 THE BOARD, ON THE AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGISTS 9 EXAMINATION FOR LIMI TED SCOPE OF PRACTIC E IN RADIOGRA PHY OR AN 10 ALTERNATIVE EXAMINAT ION APPROVED BY THE BOARD; AND 11 E. REGISTERED WITH THE BOARD ATTESTING TO TH E 12 COMPLETION OF THE RE QUIREMENTS OF THIS I TEM AND THE COMPLETI ON OF AT 13 LEAST 24 HOURS OF APPROVED CO NTINUING EDUCATION C REDITS EARNED DURING 14 THE 2–YEAR PERIOD IMMEDIAT ELY FOLLOWING THE DA TE OF INITIAL 15 REGISTRATION AND EVE RY 2 YEARS THEREAFTER ; OR 16 2. By a licensed physician assistant who has completed a 17 course that includes anterior–posterior and lateral radiographic studies of extremities on 18 at least 20 separate patients under the direct supervision of the delegating physician or 19 radiologist using a mini C–arm or similar low–level radiation machine to perform 20 nonfluoroscopic X–ray procedures, if the duties: 21 A. Include only the X–ray procedures described in paragraph 22 (2)(iii) of this subsection; and 23 B. Are performed pursuant to a Board–approved delegation 24 agreement that includes a request to perform advanced duties under § 15–302(c)(2) of this 25 article. 26 (G) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE BOARD, A 27 PHYSICIAN’S OFFICE THAT EMPLOY S AN INDIVIDUAL AUTH ORIZED TO PERFORM 28 X–RAY DUTIES WITHOUT A LICENSE UNDER SUBSEC TION (E) OF THIS SECTION IS 29 RESPONSIBLE FOR ENSU RING THAT ALL REQUIR EMENTS OF SUBSECTION (E) OF 30 THIS SECTION ARE MET FOR EACH X–RAY EXAMINATION PERF ORMED. 31 (H) IF AN UNLICENSED INDI VIDUAL PERFORMS X–RAY DUTIES WITHOUT 32 MEETING THE REQUIREM ENTS OF SUBSECTION (E) OF THIS SECTION , THE BOARD 33 MAY IMPOSE A CIVIL P ENALTY OF UP TO : 34 (1) $5,000 FOR EACH VIOLATION O N THE PHYSICIAN’S OFFICE WHERE 35 THE VIOLATION OCCURR ED; AND 36 6 HOUSE BILL 934 (2) $1,000 FOR EACH VIOLATION O N THE INDIVIDUAL WHO 1 COMMITTED THE VIOLAT ION. 2 14–206. 3 (e) A disciplinary panel may issue a cease and desist order or obtain injunctive 4 relief against an individual for: 5 (2) Representing to the public, by title, description of services, methods, 6 procedures, or otherwise, that the individual is authorized to practice: 7 (iii) Radiation therapy, radiography, nuclear medicine technology, 8 [or] radiation assistance, OR LIMITED LICENSED RADIOLOGI C TECHNOLOGY in this 9 State, in violation of § 14–5B–18 of this title; 10 Subtitle 5B. Radiation Therapy, Radiography, Nuclear Medicine Technology, [and] 11 Radiology Assistance, AND LIMITED LICENSED RADIOLOGIC TECHNOLOGY . 12 14–5B–01. 13 (a) In this subtitle the following words have the meanings indicated. 14 (b) “Board” means the State Board of Physicians. 15 (c) “Certification” means recognition of an individual who has satisfied certain 16 standards required by a national certifying board. 17 (d) “Committee” means the Radiation Therapy, Radiography, Nuclear Medicine 18 Technology, [and] Radiology Assistance, AND LIMITED LICENSED RADIOLOGIC 19 TECHNOLOGY Advisory Committee of the Board. 20 [(f)] (E) “License” means a license issued by the Board to practice as a radiation 21 therapist, radiographer, nuclear medicine technologist, [or] radiologist assistant, OR 22 LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST . 23 [(g)] (F) “Licensed nuclear medicine technologist” means a nuclear medicine 24 technologist who is licensed by the Board to practice nuclear medicine technology. 25 [(h)] (G) “Licensed radiation therapist” means a radiation therapist who is 26 licensed by the Board to practice radiation therapy. 27 [(i)] (H) “Licensed radiographer” means a radiographer who is licensed by the 28 Board to practice radiography. 29 HOUSE BILL 934 7 [(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 EMITS 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 [(o)] (P) “Practice radiography” means to use ionizing radiation to: 28 8 HOUSE BILL 934 (1) Demonstrate portions of the human body to assist in the diagnosis or 1 localization of disease or injury; or 2 (2) Perform tumor localization radiography. 3 [(p)] (Q) “Practice radiology assistance” means to practice radiography and to 4 perform: 5 (1) Fluoroscopy and selected radiology procedures; 6 (2) Patient assessment; and 7 (3) Patient management. 8 [(q)] (R) “Supervision” means the responsibility of a licensed physician to 9 exercise on–site or immediately available direction for licensees. 10 14–5B–03. 11 The Board shall adopt regulations to carry out the provisions of this subtitle. 12 14–5B–05. 13 (a) There is a Radiation Therapy, Radiography, Nuclear Medicine Technology, 14 [and] Radiology Assistance, AND LIMITED LICENSED RADIOLOGIC TECHNOLOGY 15 Advisory Committee within the Board. 16 (b) (1) The Committee consists of [nine] 11 members appointed by the Board. 17 (2) Of the [nine] members: 18 (i) One shall be a licensed physician who specializes in radiology; 19 (ii) One shall be a licensed physician who specializes in radiology 20 and who supervises a radiologist assistant OR LIMITED LICENSED RADIOLOGIC 21 TECHNOLOGIST ; 22 (iii) One shall be a licensed physician who specializes in nuclear 23 medicine; 24 (iv) One shall be a licensed physician who specializes in radiation 25 oncology; 26 (v) One shall be a radiation therapist; 27 HOUSE BILL 934 9 (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 10 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 LIMI TED 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 RADI OLOGIC 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 14–5B–07. 32 HOUSE BILL 934 11 (a) (1) A licensee may only practice under the supervision of a licensed 1 physician. 2 (2) The failure of a licensed physician to properly supervise a licensee is 3 unprofessional conduct in the practice of medicine under § 14–404(a)(3) of this title. 4 (b) (1) Except as provided in paragraph (2) of this subsection, the practice of a 5 radiation therapist, radiographer, nuclear medicine technologist, [or] radiologist assistant, 6 OR LIMITED LICENSED RADIOLOGIC TECHNOLOG IST is limited to those procedures, 7 operations, preparations, and practices listed in regulation. 8 (2) A radiologist assistant may not: 9 (i) Interpret images; 10 (ii) Make diagnoses; or 11 (iii) Prescribe medications or therapies. 12 14–5B–08. 13 (a) (1) Except as otherwise provided in this subtitle, an individual shall be 14 licensed by the Board before the individual may practice radiation therapy, radiography, 15 nuclear medicine technology, [or] radiology assistance, OR LIMITED LICENSED 16 RADIOLOGIC TECHNOLOG Y in this State. 17 (2) A radiologist assistant may not: 18 (i) Interpret images; 19 (ii) Make diagnoses; or 20 (iii) Prescribe medications or therapies. 21 (b) This section does not apply to: 22 (1) An individual employed by the federal government as a radiation 23 therapist, radiographer, a nuclear medicine technologist, [or] radiologist assistant, OR 24 LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST while the individual is practicing 25 within the scope of that employment; or 26 (2) A radiation therapy student, a radiography student, a nuclear medicine 27 technology student, [or] a radiology assistant student, OR A LIMITED LICENSE D 28 RADIOLOGIC TECHNOLOG IST STUDENT enrolled in an education program which is 29 accredited by an approved accrediting organization while practicing radiation therapy, 30 12 HOUSE BILL 934 radiography, nuclear medicine technology, [or] radiology assistance, OR LIMITED 1 LICENSED RADIOLOGIC TECHNOLOGY in that program. 2 14–5B–09. 3 (a) To qualify for a license, an applicant shall be an individual who meets the 4 requirements of this section. 5 (b) Except as provided in [subsection] SUBSECTIONS (c) AND (D) of this section, 6 the applicant [shall] MUST: 7 (1) Be of good moral character; 8 (2) Be at least 18 years old; 9 (3) Demonstrate oral and written competency in English as required by the 10 Board; 11 (4) Meet any educational, training, or examination requirements 12 established by the Board, including: 13 (i) Graduation from an appropriate educational program as 14 determined by the Board; and 15 (ii) Certification; and 16 (5) Complete a criminal history records check in accordance with § 17 14–308.1 of this title. 18 (c) To qualify for a license to practice as a radiologist assistant, an applicant shall: 19 (1) Be issued a general license to perform radiography; 20 (2) Complete an advanced academic program with a nationally recognized 21 radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 22 or graduate degree and incorporates a radiologist–directed clinical preceptorship; 23 (3) Be certified in advanced cardiac life support; and 24 (4) Be certified as a radiologist assistant by the American Registry of 25 Radiologic Technologists. 26 (D) IN ADDITION TO THE RE QUIREMENTS OF SUBSEC TION (B) OF THIS 27 SECTION, TO QUALIFY FOR A LICENSE TO PRACTICE AS A LIMITED LICENSE D 28 RADIOLOGIC TECHNOLOG IST, AN APPLICANT SHALL M EET THE REQUIREMENTS OF 29 § 14–5B–09.1 OF THIS SUBTITLE. 30 HOUSE BILL 934 13 [(d)] (E) Except for requirements adopted by the Board for license renewal under 1 § 14–5B–12 of this subtitle, nothing in this subtitle may be construed to require an 2 individual who is certified by the Board as a radiation oncology/therapy technologist, 3 medical radiation technologist, or nuclear medicine technologist as of October 1, 2008, to 4 meet additional education, training, or examination requirements. 5 14–5B–09.1. 6 (A) AN APPLICANT FOR LICE NSURE AS A LIMITED L ICENSED RADIOLOGIC 7 TECHNOLOGIST SHALL S UBMIT TO THE BOARD: 8 (1) EVIDENCE OF COMPLETIO N OF EDUCATION REQUI REMENTS 9 UNDER SUBSECTION (B) OF THIS SECTION, AS APPLICABLE; AND 10 (2) (I) EVIDENCE OF HAVING AC HIEVED A PASSING SCO RE, AS 11 DETERMINED BY THE BOARD, ON THE SECTION OF TH E AMERICAN REGISTRY OF 12 RADIOLOGIC TECHNOLOGISTS EXAMINA TION FOR LIMITED SCOPE OF PRACTICE IN 13 RADIOGRAPHY APPROPRIA TE FOR THE ANATOMICAL AREA ON W HICH THE 14 APPLICANT IS APPLYIN G TO PRACTICE; 15 (II) EVIDENCE OF HAVING AC HIEVED A PASSING SCO RE, AS 16 DETERMINED BY THE BOARD, ON ANOTHER EXAMINATI ON APPROVED BY THE 17 BOARD; OR 18 (III) EVIDENCE OF COMPLETIO N OF AN ALTERNATIVE TO 19 EXAMINATION APPROVED BY T HE BOARD. 20 (B) TO QUALIFY FOR LICENS URE AS A LIMITED LIC ENSED RADIOLOGIC 21 TECHNOLOGIST , AN APPLICANT SHALL C OMPLETE: 22 (1) EDUCATIONAL COURSEWOR K: 23 (I) DIRECTED BY A RADIOLO GIC TECHNOLOGIST WIT H A 24 BACHELOR’S DEGREE AND CURRENT AMERICAN REGISTRY OF RADIOLOGIC 25 TECHNOLOGISTS CERTIFI CATION; 26 (II) TAUGHT BY INSTRUCTORS WHO ARE LICENSED RAD IOLOGIC 27 TECHNOLOGISTS OR PHY SICIANS WHO ARE BOAR D CERTIFIED IN RADIO LOGY; AND 28 (III) THAT INCLUDES AT LEAS T: 29 1. 25 CLOCK HOURS OF IMAGE PRODUCTION AND 30 EQUIPMENT OPERATION ; 31 14 HOUSE BILL 934 2. 15 CLOCK HOURS OF RADIA TION PROTECTION ; AND 1 3. 10 CLOCK HOURS OF RADIO GRAPHIC PROCEDURES I N 2 THE ANATOMICAL AREA OF THE LIMITED LICEN SED RADIOLOGIC TECHN OLOGIST’S 3 PRACTICE, TAUGHT BY: 4 A. A RADIOLOGIC TEC HNOLOGIST WITH CURRE NT 5 AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGISTS CERTIFI CATION; OR 6 B. A LICENSED DOCTOR OF M EDICINE, OSTEOPATHY , 7 PODIATRY, OR CHIROPRACTIC ; OR 8 (2) ANY OTHER EDUCATION P ROGRAM APPROVED BY T HE BOARD. 9 (C) AN APPLICANT WHO FAIL S AN EXAMINATION REQUI RED UNDER THIS 10 SECTION MAY RETAKE T HE EXAMINATION TWICE BEFORE THE APPLICANT MUST 11 REAPPLY AND DEMONSTR ATE COMPLETION OF AN Y ADDITIONAL EDUCATI ON 12 REQUIRED BY THE BOARD. 13 (D) A LICENSE ISSUED TO PR ACTICE AS A LIMITED LICENSED RADIOLOGIC 14 TECHNOLOGIST UNDER T HIS SECTION AUTHORIZ ES THE LICENSEE TO P RACTICE 15 ONLY ON THE ANATOMIC AL AREA AUTHORIZED B Y THE BOARD, AS DETERMINED BY 16 THE BOARD BASED ON THE ED UCATION AND EXAMINAT IONS COMPLETED BY TH E 17 LICENSEE. 18 14–5B–10. 19 (a) To apply for a license, an applicant shall: 20 (1) Complete a criminal history records check in accordance with § 21 14–308.1 of this title; 22 (2) Submit an application to the Board on the form that the Board requires; 23 and 24 (3) Pay to the Board the application fee set by the Board. 25 (b) Subject to subsection (c) of this section, the Board shall issue the appropriate 26 license to an applicant who meets the requirements of this subtitle for that license. 27 (c) (1) On receipt of the criminal history record information of an applicant for 28 licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining 29 whether to issue a license, the Board shall consider: 30 HOUSE BILL 934 15 (i) The age at which the crime was committed; 1 (ii) The nature of the crime; 2 (iii) The circumstances surrounding the crime; 3 (iv) The length of time that has passed since the crime; 4 (v) Subsequent work history; 5 (vi) Employment and character references; and 6 (vii) Other evidence that demonstrates whether the applicant poses a 7 threat to the public health or safety. 8 (2) The Board may not issue a license if the criminal history record 9 information required under § 14–308.1 of this title has not been received. 10 14–5B–11. 11 (E) SUBJECT TO § 14–5B–09.1(D) OF THIS SUBTITLE , LICENSURE AS A 12 LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST AUTHORIZES AN INDIVI DUAL TO 13 PRACTICE LIMITED LIC ENSED RADIOLOGIC TEC HNOLOGY WHILE THE LI CENSE IS 14 EFFECTIVE. 15 14–5B–12. 16 (a) (1) The term of a license issued by the Board may not exceed 3 years. 17 (2) A license expires on a date set by the Board, unless the license is 18 renewed for an additional term as provided in this section. 19 (b) At least 1 month before the license expires, the Board shall send to the licensee 20 a renewal notice that states: 21 (1) The date on which the current license expires; 22 (2) The date by which the renewal application must be received by the 23 Board for the renewal to be issued and mailed before the license expires; and 24 (3) The amount of the renewal fee. 25 (c) Except as otherwise provided in this subtitle, before a license expires, the 26 licensed individual may periodically renew it for an additional term, if the individual: 27 (1) Is of good moral character; 28 16 HOUSE BILL 934 (2) Pays to the Board a renewal fee set by the Board; 1 (3) Submits to the Board: 2 (i) A renewal application on the form that the Board requires; and 3 (ii) Satisfactory evidence of compliance with any continuing 4 education or competency requirements and other requirements required by the Board for 5 license renewal; and 6 (4) Meets any additional renewal requirements established by the Board. 7 (d) (1) In addition to any other qualifications and requirements established by 8 the Board, the Board may establish continuing education or competency requirements as a 9 condition to the renewal of licenses under this section. 10 (2) A disciplinary panel may impose a civil penalty of up to $100 per 11 continuing medical education credit in lieu of a sanction under § 14–5B–14 of this subtitle, 12 for a first offense, for the failure of a licensee to obtain the continuing medical education 13 credits required by the Board. 14 (e) (1) The Board shall renew the license of each individual who meets the 15 renewal requirements of this section. 16 (2) A license may not be renewed for a term longer than 2 years. 17 (f) The Board shall reinstate the license of a radiation therapist, radiographer, 18 nuclear medicine technologist, [or] radiologist assistant, OR LIMITED LICENSED 19 RADIOLOGIC TECHNOLOG IST who has failed to renew a license for any reason if the 20 radiation therapist, radiographer, nuclear medicine technologist, [or] radiologist assistant, 21 OR LIMITED LICENSED RADIOLOGIC TECHNOLOG IST: 22 (1) Meets the renewal requirements of this section; 23 (2) Submits to the Board: 24 (i) A reinstatement application on the form that the Board requires; 25 and 26 (ii) Satisfactory evidence of compliance with any continuing 27 education or competency requirements; and 28 (3) Meets any additional requirements established by the Board for 29 reinstatement. 30 HOUSE BILL 934 17 (g) (1) Beginning October 1, 2016, the Board shall require a criminal history 1 records check in accordance with § 14–308.1 of this title for: 2 (i) Renewal applicants as determined by regulations adopted by the 3 Board; and 4 (ii) Each former licensee who files for reinstatement under 5 subsection (f) of this section. 6 (2) On receipt of the criminal history record information of a licensee 7 forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 8 disciplinary action should be taken, based on the criminal history record information, 9 against a licensee who renewed or reinstated a license, the Board shall consider: 10 (i) The age at which the crime was committed; 11 (ii) The nature of the crime; 12 (iii) The circumstances surrounding the crime; 13 (iv) The length of time that has passed since the crime; 14 (v) Subsequent work history; 15 (vi) Employment and character references; and 16 (vii) Other evidence that demonstrates whether the licensee poses a 17 threat to the public health or safety. 18 (3) The Board may renew or reinstate a license only if the licensee or 19 applicant attests that the licensee or applicant has submitted to a criminal history records 20 check under § 14–308.1 of this title. 21 14–5B–14. 22 (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 23 on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 24 license to any applicant, reprimand any licensee, place any licensee on probation, or 25 suspend or revoke a license, if the applicant or licensee: 26 (1) Fraudulently or deceptively obtains or attempts to obtain a license for 27 the applicant, licensed individual, or for another; 28 (2) Fraudulently or deceptively uses a license; 29 18 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 TECHNOLOGY with an unauthorized individual or aids an unauthorized individual in the 32 HOUSE BILL 934 19 practice of radiation therapy, radiography, nuclear medicine technology, [or] radiology 1 assistance, OR LIMITED LICENSED RADIOLOGIC TECHNOLOG Y; 2 (16) Offers, undertakes, or agrees to cure or treat disease by a secret 3 method, treatment, or medicine; 4 (17) Is disciplined by a licensing or disciplinary authority or is convicted or 5 disciplined by a court of any state or country or is disciplined by any branch of the United 6 States uniformed services or the Veterans’ Administration for an act that would be grounds 7 for disciplinary action under the Board’s disciplinary statutes; 8 (18) Fails to meet appropriate standards for the delivery of quality radiation 9 therapy, radiography, nuclear medicine technology, [or] radiology assistance, OR LIMITED 10 LICENSED RADIOLOGIC TECHNOLOGY care performed in any outpatient surgical facility, 11 office, hospital or related institution, or any other location in this State; 12 (19) Knowingly submits false statements to collect fees for which services 13 are not provided; 14 (20) (i) Has been subject to investigation or disciplinary action by a 15 licensing or disciplinary authority or by a court of any state or country for an act that would 16 be grounds for disciplinary action under the Board’s disciplinary statutes; and 17 (ii) Has: 18 1. Surrendered the license issued by the state or country; or 19 2. Allowed the license issued by the state or country to expire 20 or lapse; 21 (21) Knowingly fails to report suspected child abuse in violation of § 5–704 22 of the Family Law Article; 23 (22) Sells, prescribes, gives away, or administers drugs for illegal or 24 illegitimate medical purposes; 25 (23) Practices or attempts to practice beyond the authorized scope of 26 practice; 27 (24) Refuses, withholds from, denies, or discriminates against an individual 28 with regard to the provision of professional services for which the licensee is licensed and 29 qualified to render because the individual is HIV positive; 30 (25) Practices or attempts to practice a radiation therapy, radiography, 31 nuclear medicine technology, [or] radiology assistance, OR LIMITED LICENSED 32 RADIOLOGIC TECHNOLOG Y procedure or uses radiation therapy, radiography, nuclear 33 20 HOUSE BILL 934 medicine technology, [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC 1 TECHNOLOGY equipment if the applicant or licensee has not received education, 2 internship, training, or experience in the performance of the procedure or the use of the 3 equipment; 4 (26) Fails to cooperate with a lawful investigation conducted by the Board 5 or a disciplinary panel; 6 (27) Fails to practice under the supervision of a physician or violates a 7 supervisory order of a supervising physician; or 8 (28) Fails to complete a criminal history records check under § 14–308.1 of 9 this title. 10 14–5B–17. 11 (E) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A PERSON MAY 12 NOT PRACTICE, ATTEMPT TO PRACTICE , OR OFFER TO PRACTICE LIMITED LICENSED 13 RADIOLOGIC TECHNOLOG Y IN THIS STATE UNLESS LICENSED TO PRACTICE AS A 14 LIMITED LICENSED RAD IOLOGIC TECHNOLOGIST BY THE BOARD. 15 14–5B–18. 16 (a) Unless authorized to practice radiation therapy, radiography, nuclear 17 medicine technology, [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC 18 TECHNOLOGY under this subtitle, a person may not represent to the public by title, by 19 description of services, methods, or procedures, or otherwise, that the person is authorized 20 to practice radiation therapy, radiography, nuclear medicine technology, [or] radiology 21 assistance, OR LIMITED LICENSED RADIOLOGIC T ECHNOLOGY in this State. 22 (b) A person may not provide, attempt to provide, offer to provide, or represent 23 that the person provides radiation therapy, radiography, nuclear medicine technology, [or] 24 radiology assistance, OR LIMITED LICE NSED RADIOLOGIC TECH NOLOGY care unless the 25 radiation therapy, radiography, nuclear medicine technology, or radiology assistance care 26 is provided by an individual who is authorized to practice radiation therapy, radiography, 27 nuclear medicine technology, [or] radiology assistance, OR LIMITED LICENSED 28 RADIOLOGIC TECHNOLOG Y under this subtitle. 29 14–5B–18.1. 30 (a) Except as otherwise provided in this subtitle, a licensed physician may not 31 employ or supervise an individual practicing radiation therapy, radiography, nuclear 32 medicine technology, [or] radiology assistance, OR LIMITED LICENSED RADIOLOGIC 33 TECHNOLOGY without a license. 34 HOUSE BILL 934 21 (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, on or before October 1, 2029 , 13 the State Board of Physicians shall report to the Senate Finance Committee and the House 14 Health and Government Operations Committee, in accordance with § 2–1257 of the State 15 Government Article, on: 16 (1) the number of individuals who have registered with the Board to 17 perform limited X–ray duties under § 14–306(e) of the Health Occupations Article, as 18 enacted by Section 1 of this Act; and 19 (2) its recommendations regarding the continuation of the registration 20 process or the replacement of the registration process with a limited licensure category. 21 SECTION 3. AND BE IT FURTHER ENACTED, That this Act may not be construed 22 to prohibit the establishment of a program that provides the training described in § 23 14–306(e)(3)(ii) of the Health – General Article, as enacted by Section 1 of this Act, before 24 the effective date of this Act. 25 SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 October January 1, 2024 2025. It shall remain effective for a period of 5 6 years and, at the 27 end of December 31, 2030, this Act, with no further action required by the General 28 Assembly, shall be abrogated and of no further force and effect. 29