12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT PROVIDING FOR AND ENHANCING PATIENT SAFETY IN MEDICAL 2 |
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14 | 15 | | IMAGING BY ENSURING EDUCATIONALLY PREPARED AND CLINICALLY 3 |
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15 | 16 | | COMPETENT PERSONS PERFORM AND ADMINISTER MEDICAL IMAGING AND 4 |
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16 | 17 | | RADIATION THERAPY PROCEDURES. 5 |
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17 | 18 | | The General Assembly of North Carolina enacts: 6 |
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18 | 19 | | SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article 7 |
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19 | 20 | | to read: 8 |
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20 | 21 | | "Article 44. 9 |
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21 | 22 | | "Radiologic Technologists, Radiation Therapists, Sonographers. 10 |
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22 | 23 | | "§ 90-750. Short title; findings. 11 |
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23 | 24 | | (a) This Article may be cited as the "Patient Safety in Medical Imaging Act." 12 |
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24 | 25 | | (b) The General Assembly finds and declares that citizens in this State are entitled to the 13 |
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25 | 26 | | highest quality of care and maximum protection practicable from the harmful effects of 14 |
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26 | 27 | | improperly performed medical imaging and radiation therapy procedures and that protection and 15 |
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27 | 28 | | quality can be increased by requiring appropriate education and licensure of persons operating 16 |
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28 | 29 | | equipment used for medical imaging and radiation therapy procedures. Therefore, it is essential 17 |
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29 | 30 | | to establish standards of education for these professionals and to provide for appropriate 18 |
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30 | 31 | | examination and licensure. 19 |
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31 | 32 | | "§ 90-751. Definitions. 20 |
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32 | 33 | | The following definitions apply in this Article: 21 |
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33 | 34 | | (1) Board. – The Medical Imaging and Radiation Therapy Board of Examiners. 22 |
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34 | 35 | | (2) Bone densitometry. – The determination of bone mass by means of the 23 |
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35 | 36 | | radiation absorption by a skeleton or part of a skeleton. 24 |
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36 | 37 | | (3) Cardiac electrophysiology specialist. – A person who is registered to perform, 25 |
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37 | 38 | | under the supervision of a qualified physician, radiographic procedures and 26 |
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38 | 39 | | studies using external ionizing radiation to produce fluoroscopic images. 27 |
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39 | 40 | | (4) Cardiovascular invasive specialist. – A person who is registered to perform, 28 |
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40 | 41 | | under the supervision of a qualified physician, radiographic procedures using 29 |
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41 | 42 | | external ionizing radiation to produce fluoroscopic images. 30 |
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42 | 43 | | (5) Certification organization. – A national certification organization that 31 |
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43 | 44 | | specializes in the certification and registration of medical imaging or radiation 32 |
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44 | 45 | | therapy technical personnel and is accredited by the National Commission for 33 |
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45 | 46 | | Certifying Agencies, the American National Standards Institute, or other 34 |
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48 | 53 | | (6) Computed tomography. – The process of producing sectional and 1 |
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49 | 54 | | three-dimensional images using external ionizing radiation for diagnostic or 2 |
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50 | 55 | | therapeutic purposes. 3 |
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51 | 56 | | (7) Diagnostic medical sonographer. – A person who is licensed under this Article 4 |
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52 | 57 | | to perform diagnostic medical sonography procedures using high-frequency 5 |
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53 | 58 | | sound waves with specialized equipment to direct the sound waves into an 6 |
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54 | 59 | | area of the human body to generate an image for diagnostic purposes or for 7 |
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55 | 60 | | the purpose of providing guidance during medical interventions. 8 |
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56 | 61 | | (8) Diagnostic medical sonography. – The use of high-frequency sound waves 9 |
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57 | 62 | | (ultrasound) with specialized equipment to direct the sound waves into an area 10 |
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58 | 63 | | of the human body to generate an image for diagnostic or therapeutic 11 |
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59 | 64 | | purposes. 12 |
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60 | 65 | | (9) Fluoroscopy. – The continuous exposure of a patient to X rays in real-time 13 |
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61 | 66 | | imaging of structures inside of the body during real-time procedures. 14 |
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62 | 67 | | (10) Hybrid imaging. – The combination of imaging technologies that allows 15 |
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63 | 68 | | information from different modalities to be presented as a single set of images. 16 |
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64 | 69 | | (11) Ionizing radiation. – As defined by G.S. 104E-5(9). 17 |
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65 | 70 | | (12) Licensed practitioner. – A person licensed to practice medicine, dentistry, 18 |
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66 | 71 | | podiatry, or chiropractic medicine in this State. 19 |
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67 | 72 | | (13) Limited practice radiographer. – A person who is licensed under this Article 20 |
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68 | 73 | | to perform, under the supervision of a radiographer or licensed practitioner, 21 |
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69 | 74 | | radiography or bone densitometry procedures resulting in diagnostic 22 |
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70 | 75 | | radiographic images of selected specific parts of human anatomy or bone 23 |
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71 | 76 | | density measurements. 24 |
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72 | 77 | | (14) Magnetic resonance. – The use of radiofrequencies within a magnetic field for 25 |
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73 | 78 | | diagnostic, therapeutic, or research purposes. 26 |
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74 | 79 | | (15) Medical imaging. – Any procedure or article intended for use in the diagnosis 27 |
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75 | 80 | | or visualization of disease or other medical conditions in human beings, 28 |
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76 | 81 | | including radiography, nuclear medicine, fluoroscopy, magnetic resonance, 29 |
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77 | 82 | | sonography, and other procedures using ionizing radiation or nonionizing 30 |
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78 | 83 | | radiation. 31 |
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79 | 84 | | (16) Medical imaging professional. – An individual other than a licensed 32 |
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80 | 85 | | practitioner who has undergone appropriate training and testing by a 33 |
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81 | 86 | | Board-approved certification organization to be licensed in the individual's 34 |
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82 | 87 | | practicing modality. 35 |
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83 | 88 | | (17) Mobile imaging. – Any arrangement in which medical imaging services are 36 |
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84 | 89 | | transported to various sites. This term does not include movement within a 37 |
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85 | 90 | | hospital or movement to a site where the equipment will be located 38 |
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86 | 91 | | permanently. 39 |
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87 | 92 | | (18) Modality. – Technologies used in the diagnosis or treatment of disease or other 40 |
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88 | 93 | | medical conditions in human beings, including all of the following: 41 |
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89 | 94 | | a. Diagnostic medical sonography and its specializations. 42 |
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90 | 95 | | b. Magnetic resonance. 43 |
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91 | 96 | | c. Nuclear medicine and its specializations. 44 |
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92 | 97 | | d. Radiation therapy and its specializations. 45 |
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93 | 98 | | e. Radiography and its specializations. 46 |
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94 | 99 | | (19) Nuclear medicine technologist. – A person who is licensed under this Article 47 |
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95 | 100 | | to perform nuclear medicine and molecular imaging procedures using sealed 48 |
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96 | 101 | | and unsealed radiation sources, ionizing and nonionizing radiation, adjunctive 49 |
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97 | 102 | | medicines, and therapeutic procedures using unsealed radioactive sources. 50 General Assembly Of North Carolina Session 2025 |
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99 | 104 | | (20) Public member. – A resident of North Carolina who is not a licensed 1 |
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100 | 105 | | practitioner, does not perform medical imaging or radiation therapy 2 |
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101 | 106 | | procedures under this Article, and is not affiliated with any group or 3 |
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102 | 107 | | profession that provides or regulates health care or that may, in any way, 4 |
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103 | 108 | | hinder the public member in representing the interest of the public. 5 |
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104 | 109 | | (21) Radiation therapist. – A person who is licensed under this Article to perform 6 |
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105 | 110 | | procedures involving the administration of external source ionizing radiation 7 |
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106 | 111 | | to human beings for therapeutic purposes. 8 |
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107 | 112 | | (22) Radiographer. – A person who is licensed under this Article to perform a 9 |
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108 | 113 | | comprehensive set of diagnostic radiographic procedures using external 10 |
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109 | 114 | | ionizing radiation to produce radiographic, fluoroscopic, or digital images. 11 |
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110 | 115 | | (23) Radiologist. – A physician licensed under Article 1 of this Chapter who is 12 |
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111 | 116 | | Board-eligible for certification or who is certified by the American Board of 13 |
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112 | 117 | | Radiology, the American Osteopathic Board of Radiology, the British Royal 14 |
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113 | 118 | | College of Radiology, or the Royal College of Physicians and Surgeons of 15 |
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114 | 119 | | Canada. 16 |
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115 | 120 | | (24) Radiologist assistant. – A licensed radiographer who is additionally licensed 17 |
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116 | 121 | | under this Article to perform a variety of activities under the supervision of a 18 |
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117 | 122 | | radiologist in the areas of patient care, patient management, and medical 19 |
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118 | 123 | | imaging procedures. 20 |
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119 | 124 | | "§ 90-752. License required; exemptions. 21 |
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120 | 125 | | (a) License Required. – Except as provided in this section, only a person currently 22 |
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121 | 126 | | licensed under this Article may perform or offer to perform radiologic imaging or radiation 23 |
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122 | 127 | | therapy procedures on humans for diagnostic or therapeutic purposes or otherwise indicate or 24 |
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123 | 128 | | imply that the person is licensed to perform radiologic imaging or radiation therapy procedures. 25 |
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124 | 129 | | (b) License Required for Employment. – No person or business entity shall knowingly 26 |
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125 | 130 | | employ a person who does not hold a license, or is not exempt under this Article, to perform 27 |
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126 | 131 | | radiologic imaging or radiation therapy procedures on humans for diagnostic or therapeutic 28 |
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127 | 132 | | purposes. 29 |
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128 | 133 | | (c) No Limitation or Enlargement of Practice. – Nothing in this Article shall limit or 30 |
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129 | 134 | | enlarge the practice of a licensed practitioner. 31 |
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130 | 135 | | (d) Exemptions. – The provisions of this Article shall not apply to the following: 32 |
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131 | 136 | | (1) A licensed practitioner performing medical imaging procedures or 33 |
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132 | 137 | | administering radiation therapy. 34 |
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133 | 138 | | (2) A registered dental hygienist (RDH). 35 |
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134 | 139 | | (3) A dental assistant I or II who has satisfactorily completed one of the following: 36 |
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135 | 140 | | a. The North Carolina radiography equivalency examination. 37 |
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136 | 141 | | b. Dental assisting school through an American Dental 38 |
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137 | 142 | | Association-accredited program. 39 |
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138 | 143 | | c. The Dental Assisting National Board examination. 40 |
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139 | 144 | | d. Classification as a dental assistant II in this State under the laws 41 |
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140 | 145 | | regulating the practice of dentistry. 42 |
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141 | 146 | | (4) A resident physician licensed under Article 1 of this Chapter. 43 |
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142 | 147 | | (5) A student enrolled in and attending a school or college of medicine or medical 44 |
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143 | 148 | | imaging or radiation therapy who performs medical imaging or radiation 45 |
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144 | 149 | | therapy procedures on humans while under the supervision of a licensed 46 |
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145 | 150 | | practitioner, or an individual holding a license under this Article. 47 |
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146 | 151 | | (6) A person administering radiologic imaging or radiation procedures as an 48 |
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147 | 152 | | employee of the United States government. 49 |
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148 | 153 | | (7) A person performing radiologic procedures or therapy on cadavers. 50 General Assembly Of North Carolina Session 2025 |
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150 | 155 | | (8) A person licensed to perform radiologic imaging or radiation therapy who is 1 |
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151 | 156 | | performing supervised clinical procedures in preparation for certification in 2 |
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152 | 157 | | an additional radiologic imaging or radiation therapy modality who has 3 |
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153 | 158 | | registered with the Board. The Board may grant this exemption for a period 4 |
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154 | 159 | | not to exceed three years, and this exemption may be renewed by the Board. 5 |
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155 | 160 | | (9) Chiropractic students as described in G.S. 90-142.1 and diagnostic imaging 6 |
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156 | 161 | | technicians as described in G.S. 90-143.2. 7 |
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157 | 162 | | (10) A licensed veterinarian performing medical imaging procedures or 8 |
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158 | 163 | | administering radiation therapy, or to an individual employed by, or engaged 9 |
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159 | 164 | | as an independent contractor by, a licensed veterinarian that performs a 10 |
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160 | 165 | | medical imaging procedure or administers radiation therapy in the ordinary 11 |
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161 | 166 | | course of their employment or engagement. 12 |
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162 | 167 | | (11) An individual employed by, or engaged as an independent contractor by, a 13 |
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163 | 168 | | podiatrist that performs medical imaging procedures in the ordinary course of 14 |
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164 | 169 | | their employment or engagement. 15 |
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165 | 170 | | "§ 90-753. Scope of practice; limitations. 16 |
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166 | 171 | | (a) The Board shall establish licensure standards for the following radiologic imaging 17 |
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167 | 172 | | and radiation therapy modalities: 18 |
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168 | 173 | | (1) Computed tomography. 19 |
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169 | 174 | | (2) Cardiac invasive specialist. 20 |
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170 | 175 | | (3) Cardiac electrophysiology specialist. 21 |
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171 | 176 | | (4) Diagnostic medical sonography. 22 |
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172 | 177 | | (5) Limited practice radiographer. 23 |
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173 | 178 | | (6) Magnetic resonance. 24 |
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174 | 179 | | (7) Nuclear medicine technologist. 25 |
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175 | 180 | | (8) Radiation therapist. 26 |
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176 | 181 | | (9) Radiographer. 27 |
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177 | 182 | | (10) Radiologist assistant. 28 |
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178 | 183 | | (b) A person licensed in medical imaging or radiation therapy under this Article may use 29 |
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179 | 184 | | radioactive substances, equipment emitting ionizing radiation or nonionizing radiation for 30 |
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180 | 185 | | medical imaging, or radiation therapy procedures only by prescription of an individual authorized 31 |
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181 | 186 | | by the State to prescribe medical imaging or radiation therapy procedures and under the 32 |
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182 | 187 | | supervision of a licensed practitioner. 33 |
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183 | 188 | | (c) Individuals licensed as limited practice radiographers shall perform tasks only within 34 |
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184 | 189 | | the scope of the specific permit issued to them as provided in G.S. 90-756(c)(1) under the 35 |
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185 | 190 | | supervision of a licensed practitioner or radiographer and shall not perform computed 36 |
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186 | 191 | | tomography, diagnostic medical sonography, fluoroscopy, mammography, magnetic resonance 37 |
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187 | 192 | | imaging, radiation therapy, mobile imaging procedures, or imaging procedures using contrast 38 |
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188 | 193 | | media. 39 |
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189 | 194 | | (d) Individuals licensed as cardiovascular invasive specialists shall be registered and 40 |
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190 | 195 | | licensed to perform, under the supervision of a qualified physician, radiographic procedures 41 |
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191 | 196 | | using external ionizing radiation to produce fluoroscopic images. To qualify for a license under 42 |
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192 | 197 | | this subsection, an applicant shall meet all of the following requirements: 43 |
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193 | 198 | | (1) Possess a high school diploma or equivalent. 44 |
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194 | 199 | | (2) Possess a current certification in advanced cardiac life support. 45 |
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195 | 200 | | (3) Complete an accredited cardiovascular technology program. 46 |
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196 | 201 | | (4) Possess current credentials as a registered cardiovascular invasive specialist 47 |
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197 | 202 | | offered by Cardiovascular Credentialing International, Cardiac Interventional 48 |
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198 | 203 | | Radiography, or Cardiovascular Interventional Radiography, as offered by the 49 |
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199 | 204 | | American Registry Radiologic Technologists or other certification 50 |
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200 | 205 | | organization as approved by the Board. 51 General Assembly Of North Carolina Session 2025 |
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202 | 207 | | (e) Individuals licensed as cardiovascular electrophysiology specialists shall be 1 |
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203 | 208 | | registered and licensed to perform, under the supervision of a qualified physician, radiographic 2 |
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204 | 209 | | procedures using external ionizing radiation to produce fluoroscopic images. To qualify for a 3 |
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205 | 210 | | license under this subsection, an applicant shall meet all of the following requirements: 4 |
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206 | 211 | | (1) Possess a high school diploma or equivalent. 5 |
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207 | 212 | | (2) Possess a certificate or degree in health science or possess two years of 6 |
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208 | 213 | | full-time work experience in diagnostic and interventional cardiac 7 |
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209 | 214 | | electrophysiology. 8 |
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210 | 215 | | (3) Graduate from an accredited program in electrophysiology. 9 |
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211 | 216 | | (4) Possess current credentials as a registered cardiovascular electrophysiology 10 |
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212 | 217 | | specialist offered by Cardiovascular Credentialing International or other 11 |
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213 | 218 | | certification organization as approved by the Board. 12 |
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214 | 219 | | (f) Effective January 1, 2026, all individuals licensed to perform medical imaging and 13 |
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215 | 220 | | radiation therapy who perform computed tomography for diagnostic purposes must be certified 14 |
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216 | 221 | | in computed tomography by the American Registry of Radiologic Technologists, the Nuclear 15 |
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217 | 222 | | Medicine Technology Certification Board, or another certification organization recognized by 16 |
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218 | 223 | | the Board. 17 |
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219 | 224 | | (g) A person licensed to perform nuclear medicine technology may perform computed 18 |
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220 | 225 | | tomography for attenuation correction and localization on hybrid imaging equipment. 19 |
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221 | 226 | | (h) A person licensed to perform radiation therapy may perform computed tomography 20 |
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222 | 227 | | or other modalities for treatment planning purposes. 21 |
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223 | 228 | | (i) A person licensed to perform radiography may perform fluoroscopy and bone 22 |
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224 | 229 | | densitometry. 23 |
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225 | 230 | | (j) A person licensed as a radiologist assistant shall not interpret images, make diagnoses, 24 |
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226 | 231 | | or prescribe medications or therapies. 25 |
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227 | 232 | | "§ 90-754. Medical Imaging and Radiation Therapy Board of Examiners. 26 |
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228 | 233 | | (a) Composition of Board. – The North Carolina Medical Imaging and Radiation Therapy 27 |
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229 | 234 | | Board of Examiners is hereby created. The Board shall consist of a maximum of nine members 28 |
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230 | 235 | | appointed by the Governor and shall serve at the pleasure of the Governor. The initial Board shall 29 |
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231 | 236 | | be appointed within 90 days following the effective date of this section. The members of the 30 |
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232 | 237 | | Board shall include: 31 |
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233 | 238 | | (1) One licensed nuclear medicine technologist. 32 |
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234 | 239 | | (2) One licensed practitioner who is a radiologist and supervises medical imaging 33 |
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235 | 240 | | or radiation therapy professionals. 34 |
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236 | 241 | | (3) One certified radiological or therapeutic physicist. 35 |
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237 | 242 | | (4) One licensed radiation therapist. 36 |
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238 | 243 | | (5) One licensed computed tomography technologist or radiographer. 37 |
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239 | 244 | | (6) One licensed magnetic resonance imaging technologist or licensed 38 |
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240 | 245 | | sonographer. 39 |
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241 | 246 | | (7) One radiologist assistant. 40 |
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242 | 247 | | (8) One retired medical imaging professional as public member. 41 |
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243 | 248 | | (9) One licensed radiography educator. 42 |
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244 | 249 | | (b) Board Member Qualifications for Appointment. – In addition to the requirements of 43 |
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245 | 250 | | subsection (a) of this section, Board members shall meet the following qualifications: 44 |
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246 | 251 | | (1) Each Board member shall be a resident of the State of North Carolina. 45 |
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247 | 252 | | (2) The public member shall be at least 21 years of age. 46 |
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248 | 253 | | (3) Except for the public member and the licensed practitioners, each Board 47 |
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249 | 254 | | member shall have at least two years of experience performing medical 48 |
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250 | 255 | | imaging or radiation therapy in the modality for which the Board member is 49 |
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251 | 256 | | appointed. 50 General Assembly Of North Carolina Session 2025 |
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253 | 258 | | (c) Terms of Office. – The terms of office shall be three years, except that the terms of 1 |
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254 | 259 | | the members appointed to the initial Board shall be as follows: three members shall be appointed 2 |
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255 | 260 | | for a term of one year, three members for a term of two years, and three members for a term of 3 |
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256 | 261 | | three years. Vacancies shall be filled for an unexpired term only in the manner provided by the 4 |
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257 | 262 | | original appointment. No member shall be eligible for appointment to serve more than two 5 |
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258 | 263 | | consecutive terms. 6 |
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259 | 264 | | (d) Temporary Board Exemption to License Requirements. – A person who performs 7 |
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260 | 265 | | medical imaging or radiation therapy procedures and is appointed to the initial Board shall not 8 |
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261 | 266 | | be required to hold a valid license issued by the Board until 12 months after the first issuance of 9 |
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262 | 267 | | a license by the Board. 10 |
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263 | 268 | | (e) Compensation and Expenses. – Each member of the Board shall receive per diem and 11 |
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264 | 269 | | reimbursement for travel and subsistence as provided in G.S. 93B-5. 12 |
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265 | 270 | | (f) Officers. – The officers of the Board shall be a chair and a vice-chair, and other 13 |
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266 | 271 | | officers deemed necessary by the Board to carry out the purposes of this Article. All officers shall 14 |
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267 | 272 | | be elected annually by the Board for one-year terms and shall serve until their successors are 15 |
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268 | 273 | | elected and qualified. 16 |
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269 | 274 | | (g) Meetings. – The Board shall hold four meetings each year, once per quarter, to 17 |
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270 | 275 | | conduct business and to review the standards and rules for improving the administration of 18 |
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271 | 276 | | medical imaging or radiation therapy procedures. The Board shall establish the procedures for 19 |
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272 | 277 | | calling, holding, and conducting regular and special meetings. A majority of Board members 20 |
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273 | 278 | | constitutes a quorum. 21 |
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274 | 279 | | (h) Meeting Attendance. – A member of the Board who fails to attend three meetings in 22 |
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275 | 280 | | an 18-month period shall forfeit the member's seat unless the chair, upon written request from 23 |
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276 | 281 | | the member, finds that the member should be excused from a meeting because of illness or death 24 |
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277 | 282 | | of a family member. 25 |
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278 | 283 | | (i) Quorum. – A majority of the voting members of the Board shall constitute a quorum. 26 |
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279 | 284 | | No action may be taken by the Board except by affirmative vote of the majority of those present 27 |
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280 | 285 | | and voting. 28 |
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281 | 286 | | "§ 90-755. Powers of the Board. 29 |
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282 | 287 | | The Board shall have the following powers and duties: 30 |
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283 | 288 | | (1) Administer this Article. 31 |
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284 | 289 | | (2) Issue interpretations of this Article. 32 |
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285 | 290 | | (3) Adopt rules as may be necessary to carry out the provisions of this Article. 33 |
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286 | 291 | | (4) Establish the scope of practice for each license or permit type issued by the 34 |
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287 | 292 | | Board. 35 |
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288 | 293 | | (5) Employ and fix the compensation of personnel that the Board determines is 36 |
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289 | 294 | | necessary to carry into effect the provisions of this Article and incur other 37 |
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290 | 295 | | expenses necessary to effectuate this Article. 38 |
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291 | 296 | | (6) Examine and determine the qualifications and fitness of applicants for 39 |
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292 | 297 | | licensure, renewal of licensure, and reciprocal licensure. The Board may, in 40 |
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293 | 298 | | its discretion, revise the licensing requirements of this Article for areas of 41 |
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294 | 299 | | North Carolina that the Board deems too remote to contain enough qualified 42 |
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295 | 300 | | licensees to perform medical imaging or radiation therapy procedures on 43 |
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296 | 301 | | humans for diagnostic or therapeutic purposes. 44 |
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297 | 302 | | (7) Set requirements for continuing education as a requirement for license 45 |
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298 | 303 | | renewal. The Board may review and accept the continuing education and 46 |
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299 | 304 | | recertification or continuing competency requirements established by a 47 |
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300 | 305 | | medical imaging or radiation therapy certification organization for license 48 |
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301 | 306 | | renewal. 49 |
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302 | 307 | | (8) Issue, renew, deny, suspend, or revoke licenses and carry out any disciplinary 50 |
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303 | 308 | | actions authorized by this Article. 51 General Assembly Of North Carolina Session 2025 |
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305 | 310 | | (9) Set fees for licensure, license renewal, and other services deemed necessary 1 |
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306 | 311 | | to carry out the purposes of this Article. 2 |
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307 | 312 | | (10) Conduct investigations for the purpose of determining whether violations of 3 |
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308 | 313 | | this Article or grounds for disciplining licensees exist. 4 |
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309 | 314 | | (11) Conduct administrative hearings in accordance with Article 3A of Chapter 5 |
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310 | 315 | | 150B of the General Statutes. 6 |
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311 | 316 | | (12) Maintain a record of all proceedings and make available to licensees and other 7 |
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312 | 317 | | concerned parties an annual report of all Board action. 8 |
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313 | 318 | | (13) Develop standards and adopt rules for the improvement of the administration 9 |
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314 | 319 | | of medical imaging or radiation therapy procedures in this State. 10 |
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315 | 320 | | (14) Adopt a seal containing the name of the Board for use on all licenses and 11 |
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316 | 321 | | official reports issued by the Board. 12 |
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317 | 322 | | (15) Establish criteria and standards for educational programs offered in the State 13 |
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318 | 323 | | on medical imaging and radiation therapy. 14 |
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319 | 324 | | (16) Approve medical imaging and radiation therapy educational programs that the 15 |
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320 | 325 | | Board determines meet the criteria and standards established by the Board. 16 |
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321 | 326 | | "§ 90-756. Requirements for licensure. 17 |
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322 | 327 | | (a) A person seeking to obtain a license for a radiologic imaging or radiation therapy 18 |
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323 | 328 | | modality shall comply with each of the following requirements: 19 |
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324 | 329 | | (1) At least 18 years of age at the time of application. 20 |
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325 | 330 | | (2) Has a high school diploma or has passed an approved equivalency test. 21 |
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326 | 331 | | (b) Limited Practice Radiographer. – In addition to the requirements of subsection (a) of 22 |
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327 | 332 | | this section, a person seeking to obtain a license as a limited radiologist assistant shall comply 23 |
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328 | 333 | | with each of the following requirements: 24 |
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329 | 334 | | (1) Successfully complete a course of study in limited X-ray machine operation 25 |
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330 | 335 | | approved by the Board. 26 |
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331 | 336 | | (2) Pass an examination in limited X-ray machine operation approved by the 27 |
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332 | 337 | | Board from the following examinations: 28 |
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333 | 338 | | a. The American Registry of Radiologic Technologists limited X-ray 29 |
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334 | 339 | | machine operator examination for limited bone density, chest, 30 |
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335 | 340 | | extremities, spine, skull/sinus, and podiatric radiography. 31 |
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336 | 341 | | b. The International Society for Clinical Densitometry examination in 32 |
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337 | 342 | | clinical bone densitometry. 33 |
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338 | 343 | | c. A certification organization recognized by the Board. 34 |
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339 | 344 | | (c) Magnetic Resonance Technologist License. – In addition to the requirements of 35 |
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340 | 345 | | subsection (a) of this section, a person seeking to obtain a license as a magnetic resonance 36 |
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341 | 346 | | technologist shall comply with each of the following requirements: 37 |
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342 | 347 | | (1) Successfully complete a course of study in magnetic resonance imaging or a 38 |
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343 | 348 | | course in radiography and additional educational requirements in magnetic 39 |
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344 | 349 | | resonance technology approved by the Board. 40 |
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345 | 350 | | (2) Possess current certification and registration in radiography from the 41 |
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346 | 351 | | American Registry of Radiologic Technologists or current certification and 42 |
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347 | 352 | | registration in magnetic resonance from the American Registry of Radiologic 43 |
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348 | 353 | | Technologists or a certification organization approved by the Board. 44 |
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349 | 354 | | (3) By January 1, 2026, all applicants for a license under this subsection shall be 45 |
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350 | 355 | | certified in magnetic resonance under subdivision (2) of this subsection. 46 |
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351 | 356 | | (d) Nuclear Medicine Technologist License. – In addition to the requirements of 47 |
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352 | 357 | | subsection (a) of this section, a person seeking to obtain a license as a nuclear medicine 48 |
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353 | 358 | | technologist shall comply with each of the following requirements: 49 |
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354 | 359 | | (1) Successfully complete a course of study in nuclear medicine technology 50 |
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355 | 360 | | approved by the Board. 51 General Assembly Of North Carolina Session 2025 |
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357 | 362 | | (2) Possess current certification and registration in nuclear medicine technology 1 |
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358 | 363 | | from the American Registry of Radiologic Technologists, the Nuclear 2 |
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359 | 364 | | Medicine Technology Certification Board, or a certification organization 3 |
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360 | 365 | | approved by the Board. 4 |
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361 | 366 | | (e) Radiation Therapist License. – In addition to the requirements of subsection (a) of 5 |
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362 | 367 | | this section, a person seeking to obtain a license as a radiation therapist shall comply with each 6 |
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363 | 368 | | of the following requirements: 7 |
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364 | 369 | | (1) Successfully complete a course of study in radiation therapy approved by the 8 |
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365 | 370 | | Board. 9 |
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366 | 371 | | (2) Possess current certification and registration in radiation therapy from the 10 |
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367 | 372 | | American Registry of Radiologic Technologists or a certification organization 11 |
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368 | 373 | | recognized by the Board. 12 |
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369 | 374 | | (f) Radiographer License. – In addition to the requirements of subsection (a) of this 13 |
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370 | 375 | | section, a person seeking to obtain a license as a radiographer shall comply with each of the 14 |
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371 | 376 | | following requirements: 15 |
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372 | 377 | | (1) Successfully complete a course of study in radiography approved by the 16 |
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373 | 378 | | Board. 17 |
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374 | 379 | | (2) Possess current certification and registration in radiography from the 18 |
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375 | 380 | | American Registry of Radiologic Technologists or a certification organization 19 |
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376 | 381 | | approved by the Board. 20 |
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377 | 382 | | (g) Radiologist Assistant License. – A person seeking to obtain a license as a radiologist 21 |
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378 | 383 | | assistant shall comply with each of the following requirements: 22 |
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379 | 384 | | (1) Hold a current license as a radiographer and be currently certified and 23 |
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380 | 385 | | registered as a radiographer by the American Registry of Radiologic 24 |
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381 | 386 | | Technologists under subsection (f) of this section. 25 |
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382 | 387 | | (2) Hold current certification and registration as a radiologist assistant or as a 26 |
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383 | 388 | | radiology practitioner assistant by the American Registry of Radiologic 27 |
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384 | 389 | | Technologists, the Certification Board of Radiology Practitioner Assistants, 28 |
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385 | 390 | | or a certification organization approved by the Board. 29 |
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386 | 391 | | (3) Submit to the Board clinical protocols signed by the supervising radiologist 30 |
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387 | 392 | | specifying procedures that are performed by the radiologist assistant, levels of 31 |
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388 | 393 | | radiologist supervision, and locations of practice designated by the 32 |
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389 | 394 | | supervising radiologist. Updated protocols shall be submitted biannually, 33 |
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390 | 395 | | consistent with license renewal. The radiologist assistant scope of practice 34 |
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391 | 396 | | shall be consistent with the most recent version of the Radiologist Assistant 35 |
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392 | 397 | | Practice Standards published by the American Society of Radiologic 36 |
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393 | 398 | | Technologists. 37 |
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394 | 399 | | (h) Sonographer License. – In addition to the requirements of subsection (a) of this 38 |
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395 | 400 | | section, a person seeking to obtain a license as a sonographer shall comply with each of the 39 |
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396 | 401 | | following requirements: 40 |
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397 | 402 | | (1) Successfully complete a course of study in sonography approved by the 41 |
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398 | 403 | | Board. 42 |
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399 | 404 | | (2) Possess current certification and registration in sonography from the 43 |
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400 | 405 | | American Registry of Radiologic Technologists, the American Registry of 44 |
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401 | 406 | | Diagnostic Medical Sonography, Cardiovascular Credentialing International, 45 |
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402 | 407 | | or a certification organization approved by the Board. 46 |
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403 | 408 | | (i) Cardiac Electrophysiology Specialist License. – In addition to the requirements of 47 |
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404 | 409 | | subsection (a) of this section, a person seeking to obtain a license as a cardiac electrophysiology 48 |
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405 | 410 | | specialist shall comply with each of the following requirements: 49 |
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406 | 411 | | (1) Successfully complete a course of study in cardiac electrophysiology 50 |
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407 | 412 | | approved by the Board. 51 General Assembly Of North Carolina Session 2025 |
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409 | 414 | | (2) Possess current certification in cardiac electrophysiology from Cardiovascular 1 |
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410 | 415 | | Credentialing International or a certification organization approved by the 2 |
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411 | 416 | | Board. 3 |
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412 | 417 | | (j) Cardiac Invasive Specialist License. – In addition to the requirements of subsection 4 |
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413 | 418 | | (a) of this section, a person seeking to obtain a license as a cardiac invasive specialist shall 5 |
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414 | 419 | | comply with each of the following requirements: 6 |
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415 | 420 | | (1) Successfully complete a course of study in cardiac invasive procedures 7 |
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416 | 421 | | approved by the Board. 8 |
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417 | 422 | | (2) Possess current certification as a registered cardiovascular invasive specialist 9 |
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418 | 423 | | offered by Cardiovascular Credentialing International, Cardiac Interventional 10 |
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419 | 424 | | Radiography, Cardiovascular Interventional Radiography as offered by the 11 |
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420 | 425 | | American Registry of Radiologic Technologists, or other certification 12 |
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421 | 426 | | organizations approved by the Board. 13 |
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422 | 427 | | (k) Computed Tomography License. – In addition to the requirements of subsection (a) 14 |
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423 | 428 | | of this section, a person seeking to obtain a license in computed tomography shall comply with 15 |
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424 | 429 | | each of the following requirements: 16 |
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425 | 430 | | (1) Successfully complete a course of study in computed tomography approved 17 |
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426 | 431 | | by the Board. 18 |
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427 | 432 | | (2) Possess current certification and registration in computed tomography from 19 |
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428 | 433 | | the American Registry of Radiologic Technologists, the Nuclear Medicine 20 |
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429 | 434 | | Technology Certification Board, or a certification organization approved by 21 |
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430 | 435 | | the Board. 22 |
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431 | 436 | | (l) Current Professionals at Time of Act. – The Board shall issue a license under this 23 |
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432 | 437 | | Article, within two years of the effective date of this Article, to a person practicing as a medical 24 |
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433 | 438 | | imaging professional, radiation therapist, or radiologist assistant if the person holds a current 25 |
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434 | 439 | | license or certification in one of those respective modalities or fields issued by a medical imaging 26 |
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435 | 440 | | certification organization approved by the Board. 27 |
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436 | 441 | | (m) Change of Name or Address. – A person holding a license or permit issued under this 28 |
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437 | 442 | | Article shall notify the Board in writing within 90 days of any name or address change. 29 |
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438 | 443 | | (n) Failure to Maintain Required Certification and Registration. – Within 30 days, a 30 |
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439 | 444 | | licensee shall submit written notification to the Board if the licensee meets any of the following 31 |
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440 | 445 | | criteria: 32 |
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441 | 446 | | (1) Fails to maintain a required certification and registration by a certification 33 |
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442 | 447 | | organization. 34 |
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443 | 448 | | (2) Is subject to any legal or disciplinary action other than minor traffic infractions 35 |
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444 | 449 | | or is subject to proceedings for acts or conduct substantially the same as acts 36 |
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445 | 450 | | or conduct that would constitute grounds for refusal to issue, refusal to renew, 37 |
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446 | 451 | | suspension, revocation, or other discipline of an applicant or a person holding 38 |
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447 | 452 | | license or permit under this Article by any of the following: 39 |
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448 | 453 | | a. Licensing jurisdiction, whether in the United States or foreign. 40 |
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449 | 454 | | b. Health care institution. 41 |
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450 | 455 | | c. Professional society or association. 42 |
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451 | 456 | | d. Certification organization. 43 |
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452 | 457 | | e. Government agency. 44 |
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453 | 458 | | f. Law enforcement agency. 45 |
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454 | 459 | | g. Court. 46 |
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455 | 460 | | "§ 90-757. Examinations. 47 |
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456 | 461 | | (a) Evidence of Examination. – To meet the requirement of examination under this 48 |
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457 | 462 | | Article for nuclear medicine technology, radiation therapy, radiography, radiologist assistant, or 49 |
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458 | 463 | | sonography, the Board shall accept current certification and registration by a certification 50 |
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459 | 464 | | organization recognized by the Board in the applicant's or licensee's modality. 51 General Assembly Of North Carolina Session 2025 |
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461 | 466 | | (b) Limited Practice Radiographer Examination. – The Board shall use a limited practice 1 |
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462 | 467 | | radiographer examination administered by the American Registry of Radiologic Technologists 2 |
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463 | 468 | | for persons applying for a limited practice radiographer license and permit in chest, extremity, 3 |
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464 | 469 | | spine, skull/sinus, or podiatric radiography or bone densitometry testing. The Board shall 4 |
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465 | 470 | | determine by regulation the examination score that constitutes successful completion. 5 |
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466 | 471 | | (c) Acceptance of Chiropractic Radiologic Technologist Certification. – The Board may 6 |
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467 | 472 | | accept certification and registration from a certification organization approved by the Board to 7 |
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468 | 473 | | meet the requirement of this subsection for successful completion of an examination for a person 8 |
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469 | 474 | | applying for a limited practice radiographer license and permit in spine radiography who works 9 |
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470 | 475 | | under the supervision of a chiropractor. 10 |
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471 | 476 | | "§ 90-758. Issuance of license; temporary license; display of license. 11 |
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472 | 477 | | (a) Issuance of License. – The Board shall issue a license to an applicant who meets the 12 |
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473 | 478 | | requirements for licensure specified in this Article and the regulations adopted by the Board, 13 |
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474 | 479 | | verified by oath or affirmation, upon payment of a fee as provided in G.S. 90-761. 14 |
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475 | 480 | | (b) The Board may issue a license with authorization to perform more than one medical 15 |
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476 | 481 | | imaging or radiation therapy modality if the person is qualified in each modality. 16 |
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477 | 482 | | (c) Temporary License. – The Board may issue a temporary license to any person whose 17 |
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478 | 483 | | license or license renewal may be pending or when issuance is for providing medical imaging or 18 |
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479 | 484 | | radiation therapy services to medically underserved areas as determined by the Board. 19 |
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480 | 485 | | (d) New graduates awaiting national certification may be issued a provisional license for 20 |
---|
481 | 486 | | employment purposes for a period not to exceed one year. 21 |
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482 | 487 | | (e) Temporary License for Cross-Training. – A person licensed under this Article may 22 |
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483 | 488 | | apply to the Board for a temporary license in an additional medical imaging or radiation therapy 23 |
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484 | 489 | | modality to complete clinical experience requirements for an applicable training pathway 24 |
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485 | 490 | | established by a certification organization recognized by the Board. Temporary licenses issued 25 |
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486 | 491 | | for training purposes shall expire three years after issuance. 26 |
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487 | 492 | | (f) Display of License; License to Be Available Upon Request. – The copy of the current 27 |
---|
488 | 493 | | license of all license holders must be maintained at their places of employment. 28 |
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489 | 494 | | "§ 90-759. Educational programs approved by the Board. 29 |
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490 | 495 | | (a) In order to obtain approval by the Board, educational programs in medical imaging 30 |
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491 | 496 | | or radiation therapy shall (i) be offered by a medical facility or educational institution and (ii) be 31 |
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492 | 497 | | affiliated with one or more hospitals or clinics to provide the requisite clinical education. 32 |
---|
493 | 498 | | (b) The curriculum for each course of study in medical imaging or radiation therapy shall 33 |
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494 | 499 | | be no less stringent than the standards approved by the Joint Review Committee on Education in 34 |
---|
495 | 500 | | Radiologic Technology, the Joint Review Committee on Education in Nuclear Medicine 35 |
---|
496 | 501 | | Technology, the Commission on Accreditation of Allied Health Education Programs, or other 36 |
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497 | 502 | | educational accreditation agency approved by the Board. 37 |
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498 | 503 | | "§ 90-760. License renewal; reciprocity. 38 |
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499 | 504 | | (a) Every license issued under this Article shall expire on the last day of the licensee's 39 |
---|
500 | 505 | | month of birth in the second year following the year of issuance. A licensee who fails to renew a 40 |
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501 | 506 | | license prior to the expiration date shall submit an application for reinstatement to obtain 41 |
---|
502 | 507 | | licensure. The license shall be renewed upon the payment of a renewal fee, as provided in 42 |
---|
503 | 508 | | G.S. 90-761, if, at the time of application for renewal, the applicant is not in violation of this 43 |
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504 | 509 | | Article and has complied with any continuing education requirements pursuant to rules adopted 44 |
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505 | 510 | | by the Board. 45 |
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506 | 511 | | (b) The Board shall notify a licensee at least 60 days in advance of the expiration of his 46 |
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507 | 512 | | or her license. The licensee shall inform the Board of any change of the licensee's address. Each 47 |
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508 | 513 | | licensee is responsible for renewing his or her license before the expiration date. Licenses that 48 |
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509 | 514 | | are not renewed automatically lapse. 49 General Assembly Of North Carolina Session 2025 |
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511 | 516 | | (c) The Board may provide for the late renewal of an automatically lapsed license upon 1 |
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512 | 517 | | the payment of a reinstatement fee. The licensee shall maintain certification in his or her licensed 2 |
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513 | 518 | | specialty throughout the licensure period established by the credentialing body. 3 |
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514 | 519 | | (d) The Board may, upon application and payment of proper fees, issue a license to a 4 |
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515 | 520 | | person who has been licensed, registered, or certified to perform medical imaging or radiation 5 |
---|
516 | 521 | | therapy procedures in another jurisdiction if that jurisdiction's standards are substantially 6 |
---|
517 | 522 | | equivalent to those provided in this Article and the regulations adopted by the Board. 7 |
---|
518 | 523 | | "§ 90-761. Fees. 8 |
---|
519 | 524 | | (a) The Board is authorized to charge and collect fees not to exceed the following: 9 |
---|
520 | 525 | | (1) Initial, provisional, or temporary license application fee, one hundred dollars 10 |
---|
521 | 526 | | ($100.00). 11 |
---|
522 | 527 | | (2) Biennial license fee, one hundred fifty dollars ($150.00). 12 |
---|
523 | 528 | | (3) Temporary license fee, one hundred dollars ($100.00). 13 |
---|
524 | 529 | | (4) Duplicate license, twenty-five dollars ($25.00). 14 |
---|
525 | 530 | | (5) License renewal late fee, seventy-five dollars ($75.00). 15 |
---|
526 | 531 | | (b) All fees shall be set by the Board pursuant to rules adopted under this Article. All fees 16 |
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527 | 532 | | payable to the Board shall be deposited in the name of the Board in financial institutions 17 |
---|
528 | 533 | | designated by the Board as official depositories and shall be used to pay all expenses incurred in 18 |
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529 | 534 | | carrying out the purposes of this Article. 19 |
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530 | 535 | | (c) All salaries, compensation, and expenses incurred to carry out the purposes of this 20 |
---|
531 | 536 | | Article shall be paid by the Board exclusively out of the fees received by the Board as authorized 21 |
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532 | 537 | | by this Article or out of funds received from other sources. 22 |
---|
533 | 538 | | "§ 90-762. Disciplinary authority. 23 |
---|
534 | 539 | | (a) The Board may deny, suspend, revoke, or refuse to renew a license or impose 24 |
---|
535 | 540 | | probationary conditions on a license if the licensee or applicant for licensure has engaged in any 25 |
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536 | 541 | | of the following conduct: 26 |
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537 | 542 | | (1) Obtaining a license by means of fraud, misrepresentation, or concealment of 27 |
---|
538 | 543 | | material facts. 28 |
---|
539 | 544 | | (2) Engaging in unprofessional conduct pursuant to rules adopted by the Board. 29 |
---|
540 | 545 | | (3) Having been convicted of or pleaded guilty or nolo contendere to a crime 30 |
---|
541 | 546 | | involving moral turpitude or any crime that indicates that the licensee or 31 |
---|
542 | 547 | | applicant is unfit or incompetent to administer medical imaging or radiation 32 |
---|
543 | 548 | | therapy procedures or that the licensee or applicant has deceived or defrauded 33 |
---|
544 | 549 | | the public. 34 |
---|
545 | 550 | | (4) Engaging in any act or practice in violation of any of the provisions of this 35 |
---|
546 | 551 | | Article or any rule adopted by the Board or aiding, abetting, or assisting any 36 |
---|
547 | 552 | | person in a violation. 37 |
---|
548 | 553 | | (5) Committing an act or acts of malpractice, gross negligence, or incompetence 38 |
---|
549 | 554 | | in administering medical imaging or radiation therapy procedures. 39 |
---|
550 | 555 | | (6) Practicing as a person licensed to administer medical imaging or radiation 40 |
---|
551 | 556 | | therapy procedures without a current license. 41 |
---|
552 | 557 | | (7) Engaging in conduct that could result in harm or injury to the public. 42 |
---|
553 | 558 | | (8) Being unfit or incompetent to administer medical imaging or radiation therapy 43 |
---|
554 | 559 | | services by reason of deliberate or negligent acts or omissions, regardless of 44 |
---|
555 | 560 | | whether actual injury to a patient is established. 45 |
---|
556 | 561 | | (b) The denial, refusal to renew, suspension, revocation, or imposition of probationary 46 |
---|
557 | 562 | | conditions upon a license may be ordered by the Board after a hearing held in accordance with 47 |
---|
558 | 563 | | Chapter 150B of the General Statutes and rules adopted by the Board. An application may be 48 |
---|
559 | 564 | | made to the Board for reinstatement of a revoked license if the revocation has been in effect for 49 |
---|
560 | 565 | | at least two years after the date of the Board's order revoking the license. 50 |
---|
561 | 566 | | "§ 90-763. Violation a misdemeanor; injunctive relief. 51 General Assembly Of North Carolina Session 2025 |
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563 | 568 | | (a) Any person who violates any provision of this Article shall be guilty of a Class 1 1 |
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564 | 569 | | misdemeanor. Each act of such unlawful practice shall constitute a distinct and separate offense. 2 |
---|
565 | 570 | | (b) The Board may make application to any appropriate court for an order enjoining 3 |
---|
566 | 571 | | violations of this Article, and upon a showing by the Board that any person has violated or is 4 |
---|
567 | 572 | | about to violate this Article, the court may grant an injunction or restraining order or take other 5 |
---|
568 | 573 | | appropriate action." 6 |
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569 | 574 | | SECTION 2. Notwithstanding the requirements of G.S. 90-754, as enacted by 7 |
---|
570 | 575 | | Section 1 of this act, the initial appointees to the Medical Imaging and Radiation Therapy Board 8 |
---|
571 | 576 | | of Examiners filling the membership positions for licensed radiologist, licensed nuclear medicine 9 |
---|
572 | 577 | | technologist, licensed radiation therapist, and licensed sonographer do not have to meet the 10 |
---|
573 | 578 | | licensure requirements established in Section 1 of this act, provided that these initial appointees 11 |
---|
574 | 579 | | shall apply for and obtain a license from the Board within 90 days after the Board begins issuing 12 |
---|
575 | 580 | | licenses. 13 |
---|
576 | 581 | | SECTION 3. Persons other than radiologist assistants who have been engaged in the 14 |
---|
577 | 582 | | practice of medical imaging and radiation therapy and who do not hold a current registration 15 |
---|
578 | 583 | | from a voluntary professional certification organization approved by the Medical Imaging and 16 |
---|
579 | 584 | | Radiation Therapy Board of Examiners may continue to practice in the modality of medical 17 |
---|
580 | 585 | | imaging or radiation therapy in which they are currently employed provided that they (i) register 18 |
---|
581 | 586 | | with the Board on or before October 1, 2026, (ii) do not change the scope of their current 19 |
---|
582 | 587 | | employment practice, (iii) complete all continuing education requirements for their area of 20 |
---|
583 | 588 | | practice annually as prescribed by the Board, and (iv) practice only under the supervision of a 21 |
---|
584 | 589 | | radiologist. 22 |
---|
585 | 590 | | SECTION 4. If any provision of this act or its application is held invalid, the 23 |
---|
586 | 591 | | invalidity does not affect other provisions or applications of this act that can be given effect 24 |
---|
587 | 592 | | without the invalid provisions or application and, to this end, the provisions of this act are 25 |
---|
588 | 593 | | severable. 26 |
---|
589 | 594 | | SECTION 5. The Medical Imaging and Radiation Therapy Board of Examiners may 27 |
---|
590 | 595 | | adopt rules to implement the provisions of this act once the Board is appointed by the Governor 28 |
---|
591 | 596 | | under this act. 29 |
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592 | 597 | | SECTION 6. Section 1 of this act becomes effective January 1, 2026. The remainder 30 |
---|
593 | 598 | | of this act is effective when it becomes law. 31 |
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