BILL NUMBER: AB 1092 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Mullin
FEBRUARY 27, 2015
An act to amend Section 114870 of add
Article 5.7 (commencing with Section 107120) to Chapter 4 of Part 1
of Division 104 of the Health and Safety Code, relating to
public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1092, as amended, Mullin. Public health: radiologic
Magnetic resonance imaging technologists.
Existing law provides for the certification and regulation of
radiologic technologists by the State Department of Public Health.
Existing law authorizes the department to adopt regulations to
implement those provisions, as specified. Existing law authorizes the
department to charge a fee for a certificate issued under those
provisions. Existing law requires a fee collected under those
provisions to be deposited into the Radiation Control Fund, subject
to appropriation by the Legislature. A violation of those provisions
is a crime.
This bill would make technical, nonsubstantive changes to
that provision. provide for the licensure of Magnetic
Resonance Imaging (MRI) technologists and would make it a
misdemeanor to operate a magnetic resonance imaging machine in this
state without a license, except as provided. The bill would authorize
a person licensed pursuant to these provisions to use the title
Licensed MRI Technologist (LMRIT) and would make it a misdemeanor to
use that title without a license. By creating new crimes, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 5.7 (commencing with Section
107120) is added to Chapter 4 of Part 1 of Division 104 of the
Health and Safety Code , to read:
Article 5.7. Magnetic Resonance Imaging Technologists
107120. (a) A person shall not operate a magnetic resonance
imaging machine in this state without a license issued pursuant to
this article. Violation of this provision is a misdemeanor.
(b) This section does not apply to any of the following:
(1) A licentiate of the healing arts.
(2) Students in an approved school for MRI technologists or other
licentiates of the healing arts where the instructor is a licensed
MRI technologist.
(3) A person employed by an agency of the United States government
while performing the duties of that employment.
107121. For purposes of this article, the following definitions
shall apply:
(a) "Department" means the State Department of Public Health.
(b) "MRI" means magnetic resonance imaging.
(c) "MRI technologist" means a person who operates MRI equipment
to produce cross sectional images of a patient's body for diagnostic
purposes.
107122. (a) The department shall license a person as an MRI
technologist who fulfills all of the following requirements:
(1) Completes and turns in to the department an application for
licensure on a form prescribed by the department.
(2) Pays the fee required for licensure as specified in
subdivision (c).
(3) Is certified by either the American Registry of Magnetic
Resonance Imaging Technologists (ARMRIT) or the American Registry of
Radiologic Technologists - MRI specialty (ARRT).
(b) A license as an MRI technologist is effective for one year and
may be renewed annually pursuant to a process prescribed by the
department.
(c) The department shall set a fee for initial licensure and
renewal of an MRI technologist license at an amount no greater than
the amount reasonably sufficient to cover the administrative costs of
the licensing program.
107123. A person licensed pursuant to this article may use the
title Licensed MRI Technologist (LMRIT). Any other person using that
designation shall be guilty of a misdemeanor.
107124. A license as an MRI technologist may be denied, revoked,
or suspended by the department for any of the following reasons:
(a) Habitual intemperance in the use of alcoholic beverages,
narcotics, or stimulants to the extent that the person is
incapacitated for the performance of his or her professional duties.
(b) Incompetence or gross negligence in performing MRI
technologist functions.
(c) Conviction of practicing one of the healing arts without a
license in violation of Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code.
(d) Procuring a license by fraud, misrepresentation, or mistake.
(e) Use of the title of Licensed MRI Technologist by one not
entitled to that use.
(f) Nonpayment of fees pursuant to subdivision (c) of Section
107122.
(g) (1) Conviction, either within the state or elsewhere, of a
misdemeanor or felony involving moral turpitude, that was committed
during the performance of MRI technologist duties. A plea or verdict
of guilty or a conviction following a plea of nolo contendere made to
a charge is deemed a conviction for this purpose.
(2) Upon the recommendation, of either the court that imposed or
suspended sentence or the parole or probation authority having
jurisdiction of the person, that the person has responded to the
correctional and rehabilitative process to a degree that might
warrant waiver of the provisions of this subdivision, the department
may, at its discretion, take no action pursuant to this subdivision.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 114870 of the Health and
Safety Code is amended to read:
114870. The department shall do all of the following:
(a) Upon recommendation of the committee, adopt regulations as may
be necessary to accomplish the purposes of this chapter.
(b) (1) Provide for the certification of radiologic technologists,
without limitation as to procedures or areas of application, except
as provided in Section 106980. Separate certificates shall be
provided for diagnostic radiologic technology, for mammographic
radiologic technology, and for therapeutic radiologic technology. If
a person has received accreditation to perform mammography from a
private accreditation organization, the department shall consider
this accreditation when deciding to issue a mammographic radiologic
technology certificate.
(2) Provide, upon recommendation of the committee, that a
radiologic technologist who operates digital radiography equipment
devote a portion of his or her continuing education credit hours to
continuing education in digital radiologic technology.
(c) (1) (A) Provide, as may be deemed appropriate, for issuing
limited permits to persons to conduct radiologic technology limited
to the performance of certain procedures or the application of X-rays
to specific areas of the human body, except for mammography,
prescribe minimum standards of training and experience for these
persons, and prescribe procedures for examining applicants for
limited permits. The minimum standards shall include a requirement
that persons issued limited permits under this subdivision shall meet
those fundamental requirements in basic radiological health training
and knowledge similar to those required for persons certified under
subdivision (b) as the department determines are reasonably necessary
for the protection of the health and safety of the public.
(B) Provide that an applicant for approval as a limited permit
X-ray technician in the categories of chest radiography, extremities
radiography, gastrointestinal radiography, genitourinary radiography,
leg-podiatric radiography, skull radiography, and torso-skeletal
radiography, as these categories are defined in Section 30443 of
Title 17 of the California Code of Regulations, shall have at least
50 hours of education in radiological protection and safety. The
department may allocate these hours as it deems appropriate.
(2) Provide that a limited permit X-ray technician in the
categories of chest radiography, extremities radiography,
gastrointestinal radiography, genitourinary radiography,
leg-podiatric radiography, skull radiography, and torso-skeletal
radiography, as these categories are defined in Section 30443 of
Title 17 of the California Code of Regulations, may perform digital
radiography within their respective scopes of practice after
completion of 20 hours or more of instruction in digital radiologic
technology approved by the department. This requirement shall not be
construed to preclude limited permit X-ray technicians in the
categories of dental laboratory radiography and X-ray bone
densitometry from performing digital radiography upon meeting the
educational requirements determined by the department.
(3) Provide, upon recommendation of the committee, that a limited
permit X-ray technician who has completed the initial instruction
described in paragraph (2) devote a portion of his or her required
continuing education credit hours to additional continuing
instruction in digital radiologic technology.
(d) Provide for the approval of schools for radiologic
technologists. Schools for radiologic technologists shall include 20
hours of approved instruction in digital radiography. The department
may exempt a school from this requirement as it deems appropriate.
(e) Provide, upon recommendation of the committee, for
certification of licentiates of the healing arts to supervise the
operation of X-ray machines or to operate X-ray machines, or both,
prescribe minimum standards of training and experience for these
licentiates of the healing arts, and prescribe procedures for
examining applicants for certification. This certification may limit
the use of X-rays to certain X-ray procedures and the application of
X-rays to specific areas of the human body.
(f) (1) Provide for certification of any physician and surgeon to
operate, and supervise the operation of, a bone densitometer, if that
physician and surgeon provides the department a certificate that
evidences training in the use of a bone densitometer by a
representative of a bone densitometer machine manufacturer, or
through any radiologic technology school. The certification shall be
valid for the particular bone densitometer the physician and surgeon
was trained to use, and for any other bone densitometer that meets
all of the criteria specified in subparagraphs (A) to (C), inclusive,
if the physician and surgeon has completed training, as specified in
subparagraph (A) of paragraph (2), for the use of that bone
densitometer. The physician and surgeon shall, upon request of the
department, provide evidence of training, pursuant to subparagraph
(A) of paragraph (2), for the use of any bone densitometer used by
the physician and surgeon. The activity covered by the certificate
shall be limited to the use of an X-ray bone densitometer to which
all of the following is applicable:
(A) The bone densitometer does not require user intervention for
calibration.
(B) The bone densitometer does not provide an image for diagnosis.
(C) The bone densitometer is used only to estimate bone density of
the heel, wrist, or finger of the patient.
(2) The certificate shall be accompanied by a copy of the
curriculum covered by the manufacturer's representative or radiologic
technology school. The curriculum shall include, at a minimum,
instruction in all of the following areas:
(A) Procedures for operation of the bone densitometer by the
physician and surgeon, and for the supervision of the operation of
the bone densitometer by other persons, including procedures for
quality assurance of the bone densitometer.
(B) Proper radiation protection of the operator, the patient, and
third parties in proximity to the bone densitometer.
(C) Provisions of Article 5 (commencing with Section 106955) of
Chapter 4 of Part 1 of Division 104.
(D) Provisions of Chapter 6 (commencing with Section 114840) of
Part 9 of Division 104.
(E) Provisions of Group 1 (commencing with Section 30100) of
Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California
Code of Regulations.
(F) Provisions of Group 1.5 (commencing with Section 30108) of
Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California
Code of Regulations.
(G) Provisions of Article 1 (commencing with Section 30250) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
(H) Provisions of Article 2 (commencing with Section 30254) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
(I) Provisions of Article 3 (commencing with Section 30265) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
(J) Provisions of Article 4 (commencing with Section 30305) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
(K) Provisions of Subchapter 4.5 (commencing with Section 30400)
of Chapter 5 of Division 1 of Title 17 of the California Code of
Regulations.
(3) (A) Notwithstanding any other provision of law, this
subdivision shall constitute all the requirements that must be met by
a physician and surgeon in order to operate, and supervise the
operation of, a bone densitometer. The department may adopt
regulations consistent with this section in order to administer the
certification requirements.
(B) No person may be supervised by a physician and surgeon in the
use of a bone densitometer unless that person possesses the necessary
license or permit required by the department.
(C) Nothing in this subdivision shall affect the requirements
imposed by the committee or the department for the registration of a
bone densitometer machine, or for the inspection of facilities in
which any bone densitometer machine is operated.
(D) This subdivision shall not apply to a licentiate of the
healing arts who is certified pursuant to subdivision (e) or pursuant
to Section 107111.
(E) The department shall charge a fee for a certificate issued
pursuant to this subdivision to the extent necessary to administer
certification. The fee shall be in an amount sufficient to cover the
department's costs of implementing this subdivision and shall not
exceed the fee for certification to operate or supervise the
operation of an X-ray machine pursuant to subdivision (e). The fees
collected pursuant to this subparagraph shall be deposited into the
Radiation Control Fund established pursuant to Section 114980.
(g) Upon recommendation of the committee, exempt from
certification requirements those licentiates of the healing arts who
have successfully completed formal courses in schools certified by
the department and who have successfully passed a roentgenology
technology and radiation protection examination approved by the
department and administered by the board that issued his or her
license.