State of
EIGHTIETH SESSION
LEGISLATIVE
ASSEMBLY, 2005913L0536 HOUSE BILL NO. ____
Introduced by:
FOR AN ACT ENTITLED, An Act to provide for the regulation of certain persons operating X ray
equipment for diagnosis and treatment.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF
Section 1. Terms used in this Act mean:
(1) "Board," means the Board of
Radiologic Technology, established by this Act;
(2)
“license”
means a license issued by the Board authorizing the licensee to use radioactive
materials, medical imaging or radiation therapy equipment on humans for
diagnostic or therapeutic purposes in accordance with the provisions of this
Act.
(3)
“limited x-ray machine operator” means a
person other than a radiologic technologist or practitioner excluded from the
provisions of this Act, who is granted a limited permit to perform medical
imaging limited to specific radiographic procedures on specific parts of the
human anatomy.
(4)
“medical
physicist” means a person who is certified in radiological physics or one of
the subspecialties of radiological physics by the American Board of Radiology,
American Board of Medical Physics, American Board of Health Physics, and
American Board of Science in Nuclear Medicine or
(5)
"Practice
of radiologic technology," means the use of radiation from a radioactive
substance, radiology equipment, or any other source, in amounts beyond normal
background levels, for diagnostic or therapeutic purposes, not to include
dental radiography or sonography.
(6)
“public
member” means a person who is a resident of the state but who is not currently
or actively a licensed practitioner, radiologic technologist or limited x-ray
machine operator.
(7)
“radiologic
technologist” means a person, other than a licensed practitioner, who applies
radiation to humans for diagnostic and therapeutic purposes. This definition includes persons performing
the full scope of radiography, radiation therapy and nuclear medicine
technology.
Section 2. There is created a Board of
Radiologic Technology. The board consists of five members appointed by the
Governor. The terms of the initial members of the board shall be staggered by
the drawing of lots with two of the initial members serving a term of three
years, two of the initial members serving a term of two years, and one of the
initial members serving a term of one year. Any subsequent term on the board
shall be three years. One member of the board shall be a public member. Three members
of the board shall be persons licensed by the board. One member of the board
shall be a physician licensed by the South Dakota Board of Medical and
Osteopathic Examiners or Medical Physicist. The Governor shall fill any vacancy by
appointment to complete the unexpired portion of that member's term. No person
may serve more than three consecutive full terms on the board. The appointment
to an unexpired term is not considered a full term.
Section 3. Any member of the board may resign by
giving written notice to the board and to the Governor. Resignations are
effective when delivered to the Governor and the board.
Section 4. The board shall select a president,
vice-president, and secretary at its annual meeting. The board may hire an
executive secretary to perform any managerial, clerical, or other duties
directed by the board.
Section 5. The board shall hold an annual
meeting at a place and time set by the board. The board may hold special
meetings at a time and place set by the president or a majority of the board by
giving written notice to the board prior to the meeting.
Section 6. Three board members present at any
meeting constitute a quorum. No board action may occur unless approved by a
majority vote of the entire board.
Section 7. Board members shall receive a per
diem set pursuant to § 4-7-10.4 and expenses at the same rate as other
state employees while actually engaged in official duties.
Section 8. Any fees collected under this Act
shall be used for the operation of the board and the implementation of this
Act.
Section 9. No person may engage in the practice
of radiologic technology unless licensed or exempted from licensure pursuant to
this Act. A violation of this section is a Class 2 misdemeanor. The state or
the board may file a civil action to enjoin any person engaging in the practice
of radiologic technology without a license.
Section 10. The board shall issue a license to
practice radiologic technology to any person who meets the requirements of this
Act. The classifications of licensing shall be Radiologic
Technologist (RT) or Limited X-ray Machine Operators (LXMO). The board shall
establish procedures and standards to determine applicant eligibility for licensure.
Section 11. An applicant for licensure as a
Radiologic Technologist or a limited x-ray machine operator (LXMO) shall:
(1) Be
18 years of age;
(2) Submit
an application in a form prescribed by the board;
(3) Pay
a fee as established by the board in rules promulgated pursuant to chapter
1-26;
(4) Meet
the education certification requirements as provided by this Act; and
(5) Be
of good moral character.
Section 12. No person may be licensed as a
Radiologic Technologist unless the person meets one of the following
requirements:
(1) Is
board certified or eligible for certification by the American Registry of
Radiologic Technologists; or
(2) Is
board certified or eligible for certification by the Nuclear Medicine
Technology Certification Board
Section 13. No person may be licensed as a
limited x-ray machine operator unless the person meets one of the following requirements:
(1)
Has attained a passing score, as established by the board by rules promulgated
pursuant to chapter 1-26, of the limited X ray machine operator
examination developed by the American Registry of Radiologic Technologists;
(2) Successful
completion of a course of training approved by the Board to include:
Fifteen
hundred hours (1500) of x-ray instruction. The board shall establish the
requirements of training in rules
promulgated pursuant to chapter 1-26; and attained a passing score, as
established by the board by rules promulgated pursuant to chapter 1-26, of the
limited X ray machine operator examination developed by the American
Registry of Radiologic Technologists;
Section 14. Limited
X-ray Machine Operators are prohibited from, administering contrast media,
performing computed tomography, fluoroscopy, radiation therapy, nuclear
medicine, or mammography. A limited
x-ray machine operator may only perform the specific examinations as provided in
rules promulgated by the board pursuant to chapter 1-26.
Section 15.
No person may practice as a limited operator after
Any person who has been actively practicing as
a X ray operator for more than two years prior to June 30, 2007, is exempt
from the training but shall demonstrate competence required by rules
promulgated by the board pursuant to chapter 1-26 and successfully complete the
limited x-ray machine operator exam as developed by the American Registry of
Radiologic Technologists After June 30,
2010, the board shall license only applicants who have met the requirements for
a radiologic technologist license in Section 12 of this Act.
Section 16. The following persons
are exempt from this act:
(1) Physicians
licensed under chapter 36-4;
(2) Chiropractors
licensed under chapter 36-5;
(3) Podiatrists
licensed under chapter 36-8;
(4) Medical
physicists, meeting the definition in Section 1 of this Act;
(5) Dentists,
licensed under 36-6A;
(6) Medical
dosimetrist working under the supervision of a physician or medical physicist.
(7) Students
currently enrolled in an educational program accredited by a process acceptable
to the board.
Section 17. The license of any person licensed
under the provisions of this Act shall be renewed biennially. The expiration
date shall be established by the board. The board shall mail an application for
renewal of license to the last known address of each licensee currently
licensed at least ninety days prior to the expiration date of the license. The
licensee shall return the application with the required fee to the board before
the expiration date. Upon receipt of the application and fee, the board shall
review the application and issue licensee a certificate of renewal. Failure to
receive the application for renewal of license does not relieve the licensee of
the responsibility for renewing the license and paying the renewal fee within
the prescribed time. Failure of a licensee to renew the license constitutes a
forfeiture of such license. However, any person who has forfeited a license under
this Act may have it restored by making written application and payment of the
biennial renewal fee and the late renewal fee. Late renewal of a license may
not be granted more than one year after its expiration. The board shall establish
by rule, promulgated pursuant to chapter 1-26, requirements for continuing
education or retesting for any person who has not been licensed for a
continuous period of time greater than one year. The board shall establish
additional requirements for license renewal including evidence of 24 hours of continuing
education biennial.
Section 18. The board shall establish fees by
promulgating rules pursuant to chapter 1-26: not to exceed 100 dollars
biennial.
Section 19. For the purposes of this Act, any of
the following acts constitute unprofessional conduct:
(1) Conviction
of any felony,
(2 Providing
the board false or misleading information on any application for a license or
renewal of a license;
(3) Willful
misconduct or negligence
(4) Prescribing
or administering controlled substances, narcotics, barbiturates, or other
potentially habit forming substances unless done through separate licensure
under state law;
(5) Exceeding
the scope of licensee practice;
(6) Engaging
in any lewd or immoral conduct;
(7)) Engaging
in conduct which endangers the health or welfare of patients or other
persons; or
(8) Failure
to comply with any provision of this Act.
Section 20. A license granted under the
provisions of this act may be revoked, suspended, or cancelled upon any one of
the following grounds:
(1) The
licensee is guilty of fraud in the practice of radiologic technology;
(2) The
licensee is engaged in the practice of radiologic technology under a false or
assumed name and has not registered that name or is impersonating another
practitioner of a like or different name;
(3) The
licensee is determined by a medical examiner to be addicted to the habitual use
of intoxicating liquors, narcotics, or stimulants to the extent that it
incapacitates the licensee for the performance of professional duties;
(4) The
physical or mental condition of the licensee is determined by a medical
examiner to be such as to jeopardize or endanger those who seek diagnosis
treatment from the licensee;
(5) The
licensee obtains or attempts to obtain a license or renewal thereof by bribery
or fraudulent representation;
(6) The
licensee is guilty of unprofessional conduct;
(7) The
licensee makes a false statement on any form promulgated by the board in
accordance with this Act or the rules adopted by the board;
(8) The
licensee has violated or aided or abetted others in violation of any provision
of this Act;
(9) The
licensee has been convicted of any crimes related to health care or the
delivery of health care.
Section 21. A proceeding for cancellation, revocation,
or suspension of a license may be initiated if the board has evidence that any
person may have been guilty of any misconduct or gross incompetence or
unprofessional or dishonorable conduct.
Section 22. Any proceeding relative to the
cancellation, revocation, or suspension of a license shall conform to the
procedures set forth in chapter 1-26.
Section 23. Any party who is aggrieved by an
act, ruling, or decision of the board relating to refusal to grant a license or
cancellation, revocation, or suspension of a license may appeal pursuant to
chapter 1-26.
Section 24. Upon written application
establishing compliance with existing licensing requirements and for reasons
the board deems sufficient, the board, for good cause shown, may under the
conditions it may impose, reinstate or reissue a license to any person whose
license has been cancelled, suspended, or revoked. Upon suspension of a
license, the board may provide an automatic reinstatement thereof after a
specified period of time.
Section 25. The board shall recommend
prosecutions for violations of this Act to the appropriate state's attorney and
recommend to the attorney general the commencement of civil actions to seek
injunctions and other relief for violations of this Act.