|
Senate Engrossed House Bill |
|
State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
|
|
HOUSE BILL 2257 |
|
|
|
|
AN ACT
Amending section 30‑651, Arizona Revised Statutes; repealing sections 30‑653 and 30‑655, Arizona Revised Statutes; amending sections 30‑671, 30‑672, 30‑672.01 and 30‑681, Arizona Revised Statutes; repealing sections 30‑682, 30‑685, 30‑686, 30‑687 and 30‑688, Arizona Revised Statutes; amending title 30, chapter 4, article 3, Arizona Revised Statutes, by adding new sections 30‑686, 30‑687 and 30‑688; amending sections 31‑241, 32‑2801, 32‑2802, 32‑2803, 32‑2804, 32‑2812, 32‑2813, 32‑2814, 32‑2815, 32‑2816, 32‑2818, 32‑2819, 32‑2821, 32‑2824, 32‑2825 and 32‑2841, Arizona Revised Statutes; repealing sections 41‑3018.04 and 41‑3018.23, Arizona Revised Statutes; relating to the radiation regulatory boards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 30-651, Arizona Revised Statutes, is amended to read:
30-651. Definitions
In this chapter, unless the context otherwise requires:
1. "Atomic energy" means all forms of energy released in the course of nuclear transformations, nuclear fission and nuclear fusion.
2. "Board" means the radiation regulatory hearing board.
3. 2. "By‑product material" means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material and the tailings or wastes produced by the extraction or concentration of uranium ore thorium from any ore processed primarily for its source material content.
4. 3. "Department" means the department of health services.
5. 4. "Diagnostic mammography" means an x‑ray imaging of the breast performed on persons who have symptoms or physical signs indicative of breast disease.
6. 5. "Director" means the director of the department.
7. 6. "Electronic product" means:
(a) Any machine or device designed to produce a beam of ionizing radiation as the result of the operation of an electronic circuit or component.
(b) Class IIIb and IV lasers, as classified by the United States food and drug administration.
(c) Radio frequency heaters, dryers and sealers.
(d) Any device employing a source of radio frequency electromagnetic radiation within a protective enclosure and used for heating or curing materials in industrial or manufacturing applications and in restaurants or food vending establishments. This subdivision does not include microwave ovens manufactured as consumer products and used for home food preparation.
(e) Microwave and shortwave diathermy.
(f) Mercury vapor, metal halide and high‑pressure sodium lamps used for commercial lighting and industrial manufacturing processes or sunlamps used in commercial establishments for the intentional irradiation of humans.
(g) Therapeutic ultrasound devices.
(h) Industrial ultrasonic welders and sealers.
8. 7. "Electronic product radiation" means:
(a) Any ionizing or nonionizing electromagnetic or particulate radiation that is emitted from an electronic product.
(b) Any sonic, infrasonic or ultrasonic wave that is emitted from an electronic product as the result of the operation of an electronic circuit in the product.
9. 8. "Ionizing radiation" means gamma rays and x‑rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays.
10. 9. "Operation" means adjustments or procedures by the user required for the equipment to perform its intended functions.
11. 10. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency or political subdivision of this state, or any other state or political subdivision or agency of such state, and any legal successor, representative, agent, or agency of the foregoing, other than the United States nuclear regulatory commission or any successor, and other than federal government agencies and any other entities licensed by the United States nuclear regulatory commission or any successor.
12. 11. "Radiation" means:
(a) Ionizing radiation, including gamma rays, x‑rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays.
(b) Any electromagnetic radiation that may be produced by the operation of an electronic product.
(c) Any sonic, ultrasonic or infrasonic wave that may be produced by the operation of an electronic product.
13. 12. "Radiation machine" means any manufactured devices or products producing any of the following:
(a) X‑rays for medical, industrial, research and development or educational purposes.
(b) Electromagnetic radiation from an electronic product.
(c) Laser devices classified as class IIIb or IV by the United States food and drug administration.
(d) Diathermy machines.
14. 13. "Radioactive material" means any material or materials, solid, liquid or gaseous, that emit radiation spontaneously.
15. 14. "Screening mammography" means x‑ray imaging of the breast of asymptomatic persons.
16. 15. "Service" means major adjustments or repairs, usually requiring specialized training or tools, or both.
17. 16. "Source material" means:
(a) Uranium, thorium or any other material that the governor declares by order to be source material after the United States nuclear regulatory commission or any successor has determined the material to be source material.
(b) Ores containing one or more of the materials, as provided in subdivision (a) of this paragraph, in such a concentration as the governor declares by order to be source material after the United States nuclear regulatory commission or any successor has determined the material in such a concentration to be source material.
18. 17. "Sources of radiation" means radioactive materials, radiation machines and electronic products.
19. 18. "Special nuclear material" means:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material that the governor declares by order to be special nuclear material after the United States nuclear regulatory commission or any successor has determined the material to be special nuclear material, but does not include source material.
(b) Any material artificially enriched by any of the material provided in subdivision (a) of this paragraph, but does not include source material.
Sec. 2. Repeal
Sections 30‑653 and 30‑655, Arizona Revised Statutes, are repealed.
Sec. 3. Section 30-671, Arizona Revised Statutes, is amended to read:
30-671. Radiation protection standards
A. Radiation protection standards in rules adopted by the department under this chapter do not limit the kind or amount of radiation that may be intentionally applied to a person or animal for diagnostic or therapeutic purposes by or under the direction of a licensed practitioner of the healing arts.
B. Radiation sources shall be registered, licensed or exempted at the discretion of the department and shall be available for inspection as specified in this chapter or rules adopted under this chapter.
Sec. 4. Section 30-672, Arizona Revised Statutes, is amended to read:
30-672. Licensing and registration of sources of radiation; exemptions
A. The agency department by rule shall provide for general or specific licensing of by‑product, source, special nuclear materials or devices or equipment utilizing such using those materials. The rules shall provide for amendment, suspension or revocation of the licenses. The agency department shall require from the applicant satisfactory evidence that the applicant is using methods and techniques that are demonstrated to be safe and that the applicant is familiar with the rules adopted by the agency department under section 30‑654, subsection B, paragraph 5 relative to uniform radiation standards, total occupational radiation exposure norms, labels, signs and symbols, storage, waste disposal and shipment of radioactive materials. The agency Department may require that, before the agency it issues a license, the employees or other personnel of an applicant who may deal with sources of radiation receive a course of instruction approved by the agency Department concerning agency department rules. The agency department shall require that the applicant's proposed equipment and facilities be adequate to protect health and safety and that the applicant's proposed administrative controls over the use of the sources of radiation requested be adequate to protect health and safety.
B. The agency department may require registration or licensing of other sources of radiation if it has been determined deemed necessary to protect public health or safety.
C. The agency department may exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this section when if it finds that the exemption of exempting such sources of radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public.
D. The director may suspend or revoke, in whole or in part, any license issued under subsection A of this section if the licensee or an officer, agent or employee of the licensee:
1. Violates this chapter or rules of the department adopted pursuant to this chapter.
2. Has been, is or may continue to be in substantial violation of the requirements for licensure of the radiation source and as a result the health or safety of the general public is in immediate danger.
E. If the licensee, or an officer, agent or employee of the licensee, refuses to allow the department or its employees or agents to inspect the licensee's premises, such an action shall be deemed reasonable cause to believe that a substantial violation under subsection D, paragraph 2 of this section exists.
F. A license may not be suspended or revoked under this chapter without affording the licensee notice and an opportunity for a hearing as provided in title 41, chapter 6, article 10.
D. G. The agency department shall not require persons who are licensed in this state to practice as a dentist, physician assistant, chiropodist or veterinarian or licensed in this state to practice medicine, surgery, osteopathy osteopathic medicine, chiropractic or naturopathic medicine to obtain any other license for the to use of a diagnostic x‑ray machine, but these persons are governed by their own licensing acts.
E. H. Persons who are licensed by the federal communications commission with respect to the activities for which they are licensed by that commission are exempted exempt from this chapter.
F. I. Rules adopted pursuant to this chapter may provide for recognition of other state or federal licenses as the agency department deems desirable, subject to such registration requirements as the agency department prescribes.
G. J. Any licenses issued by the agency department shall state the nature, use and extent of use of the source of radiation. If at any time subsequent to the issuance of after a license is issued the licensee desires any change in the nature, use or extent, the licensee shall seek an amendment or a new license under this section.
H. K. The agency department shall prescribe by rule requirements for financial security as a condition for licensure under this article. The agency department shall deposit all amounts posted, paid or forfeited as financial security into in the radiation regulatory and perpetual care fund under established by section 30‑694.
I. L. Persons applying for licensure shall provide notice to the city or town where the applicant proposes to operate as part of the application process.
J. M. Any facility that provides diagnostic or screening mammography examinations by or under the direction of a person exempted who is exempt from further licensure under subsection D G of this section shall obtain certification by the agency department. The agency department shall prescribe by rule the requirements of certification in order to ensure the accuracy and safety of diagnostic and screening mammography.
Sec. 5. Section 30-672.01, Arizona Revised Statutes, is amended to read:
30-672.01. Registration of persons who install or service radiation machines; exception; roster of registrants
A. A person who is in the business of installing or servicing radiation machines which are defined in section 30‑651 and which that are required to be registered by the agency department shall register with the agency department on a form provided by the agency department.
B. Notwithstanding subsection A of this section, a person who is subject to the jurisdiction of the medical radiologic technology board of examiners department and is engaged in operation of who operates a radiation machine shall is not be required to register with the agency department.
C. The registration form required pursuant to subsection A of this section shall be limited to the following information:
1. The full business name of the registrant.
2. The names of the owners if the registrant is a corporation or partnership.
3. The names of employees who carry out installation or service work for the registrant.
4. The business address of the registrant.
D. The agency department shall maintain a roster of all registrants, including the date of initial registration. The roster shall be available for public inspection.
E. A registrant must reregister with the agency whenever department if there is a change in the information provided under subsection C of this section.
Sec. 6. Section 30-681, Arizona Revised Statutes, is amended to read:
30-681. Inspections
A. The department or its duly authorized representatives may enter at all reasonable times on any private or public property for the purpose of determining whether there is compliance with or a violation of this chapter and rules adopted under this chapter, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.
B. If the director determines that there is reasonable cause to believe that a radiation source is not in compliance with the licensing requirements of this chapter, the director or the director's designee or agent may enter on and into the premises of any radiation source that is licensed or required to be licensed pursuant to this chapter at any reasonable time to determine compliance with this chapter and rules adopted pursuant to this chapter. An application for licensure under this chapter constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license. If the inspection shows that the radiation source is not adhering to the licensing requirements of this chapter, the director may take action authorized by this chapter. A radiation source whose license has been suspended or revoked in accordance with this subsection is subject to inspection when applying for relicensure or reinstatement of the license.
Sec. 7. Repeal
Sections 30-682, 30-685, 30‑686, 30‑687 and 30‑688, Arizona Revised Statutes, are repealed.
Sec. 8. Title 30, chapter 4, article 3, Arizona Revised Statutes, is amended by adding new sections 30‑686, 30‑687 and 30‑688, to read:
30-686. Appeal; hearing
a person who is denied licensure or registration under article 2 of this chapter or who is denied an exception from licensure or registration under article 2 of this chapter may appeal the denial by making a written request for a hearing pursuant to title 41, chapter 6, article 10. The department shall give notice of such an action pursuant to tile 41, chapter 6, article 10, and the notice shall state the person's right to make a written request for a hearing.
30-687. Assessment; civil penality; enforcement; appeals; collection
A. The director may assess a civil penalty against a person that violates this chapter or a rule adopted pursuant to this chapter in an amount not to exceed five thousand dollars for each violation. Each day a violation occurs constitutes a separate violation. The maximum amount of any assessment is twenty‑five thousand dollars for any thirty-day period.
B. The director may issue a notice of assessment that includes the proposed amount of the assessment. In determining the amount of a civil penalty assessed against a person under subsection A of this section, the department shall consider all of the following:
1. Repeated violations of statutes and rules.
2. Patterns of noncompliance.
3. Types of violations.
4. The Severity of the violations.
5. The Potential for and occurrences of actual harm.
6. Threats to health and safety.
7. The Number of persons affected by the violations.
8. The Number of violations.
9. The Length of time the violations have been occurring.
C. A person may appeal the assessment by requesting a hearing pursuant to title 41, chapter 6, article 10. If the assessment is appealed, the director may not take further action to enforce and collect the assessment until after the hearing.
D. Actions to enforce the collection of civil penalties assessed pursuant to subsection A of this section shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in the county in which the violation occurred.
E. The department shall deposit, pursuant to sections 35‑146 and 35‑147, civil penalties collected pursuant to this section in the state general fund.
30-688. Emergency action
A. If the director finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in an order, the director may:
1. order the summary suspension of a license pending proceedings for revocation or another action. These proceedings shall be promptly instituted and determined.
2. order the impoundment of sources of radiation in the possession of any person that is not equipped to comply with or that fails to comply with this chapter or any rule adopted pursuant to this chapter.
B. The director may apply to the superior court for an injunction to restrain a person from violating a provision of this chapter or a rule adopted pursuant to this chapter. The court shall grant a temporary restraining order, a preliminary injunction or a permanent injunction without bond. The person may be served in any county of this state. The action shall be brought on behalf of the director by the attorney general or the county attorney of the county in which the violation is occurring.
Sec. 9. Section 31-241, Arizona Revised Statutes, is amended to read:
31-241. Inmate complaints to boards; procedure
A. An inmate shall exhaust all internal department grievance procedures before filing a complaint with any of the following boards:
1. The state dental board of dental examiners established by section 32‑1203.
2. The Arizona regulatory board of physician assistants established by section 32‑2502.
3. The Arizona medical board established by section 32‑1402.
4. The Arizona state board of nursing established by section 32‑1602.
5. The board of occupational therapy examiners established by section 32‑3402.
6. The Arizona board of osteopathic examiners in medicine and surgery established by section 32‑1801.
7. The Arizona state board of pharmacy established by section 32‑1902.
8. The state board of psychologist examiners established by section 32‑2062.
9. The medical radiologic technology board of examiners established by section 32‑2802.
B. If an inmate files a complaint with a board pursuant to subsection A of this section, the inmate shall attach a copy of the final department grievance response to the complaint.
Sec. 10. Section 32-2801, Arizona Revised Statutes, is amended to read:
32-2801. Definitions
In this chapter, unless the context otherwise requires:
1. "Board" means the medical radiologic technology board of examiners.
2. "Bone densitometry technologist" means a person who applies ionizing radiation to a person's hips, spine or extremities through the use of a bone densitometry machine.
3. 1. "Certificate" means a certificate that is granted and issued by the board department.
4. 2. "Certified technologist" means a person holding a certificate that is granted and issued by the board department.
5. 3. "Computed tomography technologist" means a person who applies ionizing radiation to a human using a computed tomography machine for diagnostic purposes.
6. 4. "Department" means the department of health services.
7. 5. "Direction" means responsibility for and control of the application of ionizing radiation to human beings for diagnostic or therapeutic purposes.
8. 6. "Director" means the director of the department of health services.
9. 7. "Ionizing radiation" means gamma rays and x‑rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays.
10. 8. "Leg" means that part of the lower limb between the knee and the foot.
11. 9. "Licensed practitioner" means a person who is licensed or otherwise authorized by law to practice medicine, dentistry, osteopathy osteopathic medicine, podiatry, chiropractic or naturopathic medicine in this state.
12. 10. "Mammographic technologist" means a person who applies ionizing radiation to the breasts of a human being for diagnostic purposes.
13. 11. "Nuclear medicine technologist" means a person who uses radiopharmaceutical agents on humans for diagnostic or therapeutic purposes as set forth in rules adopted pursuant to section 32‑2815.
12. "Practical technologist in bone densitometry" means a technologist who holds a certificate to apply ionizing radiation to a person's hips, spine and extremities through the use of a bone density machine.
14. 13. "Practical technologist in podiatry" means a person holding a practical technologist in podiatry certificate that is granted and issued by the board department.
15. 14. "Practical technologist in podiatry certificate" means a certificate that is issued to a person, other than a licensed practitioner, who applies ionizing radiation to the foot and leg for diagnostic purposes while under the specific direction of a licensed practitioner.
16. 15. "Practical technologist in radiology" means a person holding a practical technologist in radiology certificate that is granted and issued by the board department.
17. 16. "Practical technologist in radiology certificate" means a certificate that is issued to a person, other than a licensed practitioner, who applies ionizing radiation to specific parts of the human body for diagnostic purposes while under the specific direction of a licensed practitioner.
18. 17. "Radiation therapy technologist" means a person who uses radiation on humans for therapeutic purposes.
19. 18. "Radiologic technologist" means a person who holds a certificate that is issued by the board department and that allows that person to apply ionizing radiation to individuals at the direction of a licensed practitioner for general diagnostic or therapeutic purposes.
20. 19. "Radiologic technology" means the science and art of applying ionizing radiation to human beings for general diagnostic or therapeutic purposes.
21. 20. "Radiologic technology certificate" means a certificate that is issued in radiologic technology to a person with at least twenty‑four months of full‑time study or its equivalent through an approved program and who has successfully completed an examination by a national certifying body.
22. 21. "Radiologist" means a licensed practitioner of medicine or osteopathy osteopathic medicine who has undertaken a course of training that meets the requirements for admission to the examination of the American board of radiology or the American osteopathic board of radiology.
23. 22. "Radiologist assistant" means a person who holds a certificate pursuant to section 32‑2819 and who performs independent advanced procedures in medical imaging and interventional radiology under the guidance, directions, supervision and discretion of a licensed practitioner of medicine or osteopathy osteopathic medicine specializing in radiology as set forth in section 32‑2819 and the rules adopted pursuant to that section.
24. 23. "Unethical professional conduct" means the following acts, whether occurring in this state or elsewhere:
(a) The intentional betrayal of Intentionally betraying a professional confidence or intentional violation of a privileged communication except as required by law. This subdivision does not prevent members of the board department from the exchange of exchanging information with the radiologic licensing and disciplinary boards of other states, territories or districts of the United States or foreign countries.
(b) The use of Using controlled substances as defined in section 36‑2501, narcotic drugs, dangerous drugs or marijuana as defined in section 13‑3401 or hypnotic drugs, derivatives or any compounds, mixtures or preparations that may be used for producing hypnotic effects or the use of alcohol to the extent that it affects the ability of the certificate or permit holder to practice his profession.
(c) Using drugs for other than accepted therapeutic purposes.
(d) Committing gross malpractice.
(e) Acting or assuming to act as a member of the board if this is not true.
(f) (e) Procuring or attempting to procure a certificate or license by fraud or misrepresentation.
(g) (f) Having professional connection with or lending one's name to an illegal practitioner of radiologic technology or any other health profession.
(h) (g) Offering, undertaking or agreeing to correct, cure or treat a condition, disease, injury, ailment or infirmity by a secret means, method, device or instrumentality.
(i) (h) Refusing to divulge to the board department, on reasonable notice and demand, the means, method, device or instrumentality used in the treatment of a condition, disease, injury, ailment or infirmity. This subdivision shall does not apply to communication between a technologist or permit holder and a patient with reference to a disease, injury, ailment or infirmity, or as to any knowledge obtained by personal examination of the patient.
(j) (i) Giving or receiving, or aiding or abetting the giving or receiving, of rebates, either directly or indirectly.
(k) (j) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of radiologic technology.
(l) (k) Refusal, revocation or suspension of Having a certificate or license refused, revoked or suspended by any other state, territory, district or country for reasons that relate to the person's ability to safely and skillfully practice radiologic technology or to any act of unprofessional conduct.
(m) (l) engaging in any conduct or practice that does or would constitute a danger to the health of the patient or the public.
(n) (m) Obtaining a fee by fraud or misrepresentation or wilfully or intentionally filing a fraudulent claim with a third party for services rendered or to be rendered to a patient.
(o) (n) Employing uncertified persons to perform or aiding and abetting uncertified persons in the performance of work that can be done legally only by certified persons.
(p) (o) Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation of or conspiring to violate this chapter or a rule adopted by the board department.
25. 24. "Unlimited practical technologist in radiology" means a person holding an unlimited practical technologist in radiology certificate that is granted and issued by the board department.
26. 25. "Unlimited practical technologist in radiology certificate" means a certificate that was issued to a person in 1977 or 1978, other than a licensed practitioner, who applies ionizing radiation to the human body for diagnostic purposes while under the specific direction of a licensed practitioner.
Sec. 11. Section 32-2802, Arizona Revised Statutes, is amended to read:
32-2802. Advisory committee; members; appointment; terms; compensation; meetings; removal; employees; immunity
A. The medical radiologic technology board of examiners is established in the department. The board is composed of the director of the department, or the director's designee, who serves as chairman and the following members appointed by the governor
A. The director shall appoint an advisory committee to collaborate with and assist the director in performing the duties prescribed in this chapter. The director shall inform the advisory committee regarding all disciplinary actions. In addition to the director who serves as chairperson, the advisory committee shall include:
1. Four members who are practicing radiologic technologists, who have at least five years' experience and who hold radiologic technology certificates issued pursuant to this chapter.
2. Two public members. Only a person who has never been a member, or the spouse of a member, of a health care delivery profession and who has never had a material financial interest in the providing of health care or in a directly related activity is eligible to be a public member of the board advisory committee.
3. Two members who are licensed practitioners, one of whom is a radiologist.
4. One member who is a practical technologist in radiology, who has at least five years' experience and who is a current license holder.
5. One member who is a practicing nuclear medicine technologist, who has at least five years' experience in that field and who holds an active certificate issued pursuant to this chapter.
B. All advisory committee members serve a term of three years to begin and end on the third Monday of January in the appropriate year. The governor director shall fill a vacancy that occurs before the expiration of a term for the unexpired term.
C. Each board advisory committee member is eligible to receive compensation as determined pursuant to section 38‑611.
D. The board advisory committee shall meet at least once every six months at times and places determined by the board advisory committee. Special meetings also may be held at such times as the board advisory committee may decide or on the call of the chairman chairperson. A written notice of the time, place and purpose of any special meeting shall be mailed to all members of the board advisory committee.
E. The department may provide additional professional, technical, secretarial and clerical assistance as the board advisory committee may require to carry out its functions.
F. The board advisory committee shall hold examinations for applicants for certificates pursuant to this chapter at least once every six months, at times and places as the board advisory committee may determine.
G. The governor director may terminate the term of a board an advisory committee member and declare the position vacant if the member fails to attend three consecutive board advisory committee meetings.
H. The board advisory committee may hire practicing radiologic technologists and other medical specialists to assist it in preparing and administering examinations. These specialists shall receive the same compensation as board advisory committee members.
I. The board advisory committee may employ temporary and permanent personnel necessary to carry out the purposes of this chapter.
J. Board advisory committee members, board advisory committee staff and board advisory committee examiners are personally immune from suit for all actions taken in good faith in furtherance of the purposes of this chapter.
Sec. 12. Section 32-2803, Arizona Revised Statutes, is amended to read:
32-2803. Rules
A. The director, after consultation and with the approval of the board and after notice and public hearing, may adopt rules as may be needed to carry out the purposes of this chapter. The rules shall include, but not be limited to:
1. Minimum standards of training and experience for persons to be certified pursuant to this chapter and procedures for examining applicants for certification.
2. Provisions identifying the types of applications of ionizing radiation for a practical technologist in podiatry, practical technologist in radiology, practical technologist in bone densitometry, radiologic technologist, radiation therapy technologist, mammographic technologist, nuclear medicine technologist, bone densitometry technologist, computed tomography technologist and radiologist assistant and any new radiologic modality technologist and those minimum standards of education and training to be met by each type of applicant.
B. Rules adopted pursuant to subsection A, paragraph 2 of this section establishing minimum standards of education and training to be met by practical technologist in podiatry applicants shall be approved or proposed by a joint committee on education, training and examination composed of an equal number of representatives from the medical radiologic technology board of examiners and the state board of podiatry examiners. The medical radiologic technology board of examiners shall determine the total membership of the committee, and the medical radiologic technology board of examiners and the state board of podiatry examiners shall appoint their respective representatives.
C. The medical radiologic technology board of examiners may propose to the department standards as may be appropriate for carrying out the purposes of this chapter. In the case of proposing to the department standards governing practical technologists in podiatry, the medical radiologic technology board of examiners shall consult with the state board of podiatry examiners.
Sec. 13. Section 32-2804, Arizona Revised Statutes, is amended to read:
32-2804. School approval; standards; considerations
A. The board department may approve a school of radiologic technology as maintaining a satisfactory standard if its course of study:
1. Is for a period of not less than at least twenty‑four months of full‑time study or its equivalent and is accredited by the committee on allied health accreditation or meets or exceeds the standards of this chapter.
2. Includes not less than at least four hundred hours of classroom work, including radiation protection, x‑ray physics, radiographic techniques, processing techniques, nursing procedures, anatomy and physiology, radiographic positioning, radiation therapy and professional ethics.
3. Includes not less than at least one thousand eight hundred hours devoted to clinical experience.
4. Includes demonstrations, discussions, seminars and supervised practice.
5. Includes not less than at least eighty hours of regularly scheduled supervised film critiques.
B. An approved school of radiologic technology may be operated by a medical or educational institution or other public or private agency or institution and, for the purpose of providing the requisite clinical experience, shall be affiliated with one or more hospitals that, in the opinion of the board, the department determines are likely to provide this experience.
C. In approving a school of radiologic technology, the board department shall consider the standards adopted by appropriate professional organizations, including the joint review committee on education in radiologic technology, the American college of radiology and the American osteopathic college of radiology and may accept the certification of a school of radiologic technology or the accreditation of a hospital to provide requisite clinical experience, if the board department finds that certification or accreditation was granted on the basis of standards that will afford the same protection to the public as the standards provided by this chapter.
Sec. 14. Section 32-2812, Arizona Revised Statutes, is amended to read:
32-2812. Applications for certificate; qualifications; fees; examination; denial
A. An applicant for a certificate shall submit an application for certification or an application for examination for certification, accompanied by a nonrefundable fee of sixty dollars established by the director. The application for certification fee may be prorated quarterly over the certification period. An applicant who has practiced radiography without certification shall pay a prorated fee retroactively to the earliest date of uncertified practice. The fee for a replacement certificate is ten dollars. The application for examination fee is seventy dollars and shall not be prorated. An application shall be verified by oath or affirmation and shall contain information that the applicant:
1. Is at least eighteen years of age.
2. Is of good moral character.
3. Has successfully completed or obtained Meets one of the following requirements:
(a) In the case of an application for radiologic technologist, radiation therapy technologist or nuclear medicine technologist certification, has successfully completed a course of study at a school of radiologic technology that is approved by the board department or an out‑of‑state school of radiologic technology that is approved by the joint review committee on education in radiologic technology, the American registry of radiologic technologists or the nuclear medicine technology certification board.
(b) In the case of an application for practical technologist in podiatry certification, practical technologist in bone densitometry certification and practical technologist in radiology certification, high school or its equivalent as determined by the medical radiologic technology board of examiners with the advice of the state board of education, and satisfactorily meets the basic requisites determined by the medical radiologic technology board of examiners department pursuant to section 32‑2803.
(c) In the case of an application for radiologist assistant certification, has obtained a baccalaureate degree or postbaccalaureate certificate from an advanced academic program that encompasses a nationally recognized radiologist assistant curriculum that includes a radiologist-directed clinical preceptorship. An applicant for certification before April 1, 2009 is not required to have a baccalaureate degree or postbaccalaureate certificate, but must have completed an advanced academic program that encompasses a nationally recognized radiologist assistant curriculum that includes a radiologist-directed clinical preceptorship.
B. If the application is in proper form and it appears that the applicant meets the eligibility requirements, the applicant shall be notified of the time and place of the next examination.
C. The board department may accept, in lieu of its own examination, a certificate issued on the basis of an examination by a certificate‑granting body recognized by the board department or a certificate, registration or license issued by another state if that state's standards for certification, registration or licensure are satisfactory to the board department.
D. The board department may deny a certificate to an applicant who has committed an act or engaged in conduct in any jurisdiction that resulted in a disciplinary action against the applicant or that would constitute grounds for disciplinary action under this chapter.
E. The board or chairman of the board may designate a representative to approve or deny applications for certification.
Sec. 15. Section 32-2813, Arizona Revised Statutes, is amended to read:
32-2813. Examination; contents; subsequent examinations
A. Examinations for certification shall include the subjects of radiation protection, x‑ray physics, radiographic techniques, processing techniques, nursing procedures, anatomy terminology, radiological mathematics, professional ethics and such other subjects as the board department may deem appropriate.
B. The board department shall prepare lists of examination questions or problems and administer the examinations. In the case of examinations for certification of practical technologists in podiatry the joint committee on education, training and examinations established under section 32‑2803, subsection B shall prepare lists of examination questions or problems.
C. Examinations shall include written questions but may also include practical and oral portions. Following each examination, the papers and the practical and oral examinations shall be graded and the standing of each applicant shall be recorded. The board or its designated representative department shall either pass or reject each applicant.
D. An applicant who fails to pass an examination may reapply for examination in the manner prescribed by section 32‑2812. A second failure, and all subsequent failures, of the examination The department shall require that the A candidate who fails the examination three times to successfully complete additional training to be prescribed by the board department before acceptance of accepting the candidate for reexamination.
Sec. 16. Section 32-2814, Arizona Revised Statutes, is amended to read:
32-2814. Initial certificates; special permits; temporary certificates
A. The board department shall issue a an initial certificate that is valid for two years to each candidate who has paid the prescribed fee and who either has successfully passed the examination or has been accepted pursuant to section 32‑2812.
B. The board department, on application, may issue a special permit to exempt a person from the provisions of this chapter if the board department finds to its satisfaction that there is substantial evidence that the people in the locality of the state in which such an exemption is sought would be denied adequate medical care because of the unavailability of certified licensed practitioners or persons holding certificates pursuant to this chapter. The board department shall issue a special permit for a limited period of time, not to exceed one year, to be prescribed by the board department in accordance with the purposes of this chapter. The board department may renew a special permit if the permittee's circumstances have not changed.
C. The board through its designated representative department may issue a temporary certificate to any person whose certification or recertification is pending and in whose case the issuance of a temporary certificate may be justified by reason of special circumstances.
D. A temporary certificate shall be issued only if the board or its designated representative department finds that its issuance will not violate the purposes of this chapter or tend to endanger the public health and safety. A temporary certificate expires thirty days after the date of the next examination if the applicant is required to take the examination or, if the applicant does not take the examination, then on the date of the examination. In all other cases, a temporary certificate expires when the determination is made either to issue, or to deny the issuance of, a certificate. A temporary certificate shall not be valid for more than one hundred eighty days year and may not be renewed more than once.
E. A person shall submit an application for certification in a form prescribed by the board department. The board may require that the application include other evidence of qualification.
Sec. 17. Section 32-2815, Arizona Revised Statutes, is amended to read:
32-2815. Rules; bone densitometry certification; nuclear medicine certification; continuing education
A. The board department shall adopt rules regarding the certification of practical technologists in bone densitometry to allow the certificate holder to apply ionizing radiation to a person's extremities through the use of a bone densitometry machine. The rules shall prescribe:
1. The minimum education and training qualifications for certification. The qualifications prescribed by the board department shall allow a person who does not meet the education and training requirements of a radiologic technologist or a practical technologist in radiology to obtain a certificate as a practical technologist in bone densitometry.
2. The application and renewal fees.
3. The definition of a practical technologist in bone densitometry.
B. Subsection A of this section does not prohibit a radiologic technologist or a practical technologist in radiology from operating a bone densitometry machine.
C. A person who wishes to practice as a nuclear medicine technologist must apply to the board department for certification as prescribed by the board by rule. The board department shall adopt rules to establish minimum educational and training requirements for nuclear medicine technologists.
D. The board department shall adopt rules to prescribe the following minimum continuing education requirements for the renewal of the following certificates:
1. Practical technologist in podiatry, two hours every two years.
2. Practical technologist in radiology, six hours every two years.
3. Practical technologist in bone densitometry, two hours every two years.
4. Unlimited practical technologist in radiology, twenty‑four hours every two years.
5. Nuclear medicine technologist, twenty‑four hours every two years.
6. Radiologist assistant, fifty hours every two years.
7. Radiologic technologist, twenty‑four hours every two years.
8. Radiation therapy technologist, twenty‑four hours every two years.
E. The board department may require an applicant for renewal to document compliance with the appropriate continuing education requirements of subsection D of this section.
Sec. 18. Section 32-2816, Arizona Revised Statutes, is amended to read:
32-2816. Certificates; fee; terms; registration; renewal; cancellation; waiver
A. Except as provided in section 32‑4301, if a certificate holder's last name begins with a letter that falls between A through M, the certificate expires on the last day of the certificate holder's birth month in every even‑numbered year. All other certificates expire on the last day of the certificate holder's birth month in every odd‑numbered year. The board shall notify a certificate holder thirty days before the expiration date of the certificate a certificate issued under this section is valid for two years.
B. The medical radiologic technology board of examiners department may renew a certificate for two years on payment of a renewal fee in an amount established by the board pursuant to section 32‑2803 established by the director and submission of a renewal application containing information the board department requires to show that the applicant for renewal is a technologist in good standing. The applicant for renewal shall also present evidence satisfactory to the medical radiologic technology board of examiners department of having completed the required continuing education in radiologic technology within the preceding two years. If a radiologic technologist is certified by the American registry of radiologic technologists or nuclear medicine technology certification board, that person must satisfy the continuing education requirements of this subsection by providing the medical radiologic technology board of examiners department with evidence of the technologist's good standing and current certification with that registry.
C. A certificate holder who fails to renew the certificate on or before the certificate's expiration as prescribed in subsection A B of this section shall pay a penalty fee of fifty dollars for late renewal.
D. A certificate holder who does not renew a certificate within thirty days after the certificate expires and who continues the active practice of radiologic technology without adequate cause satisfactory to the board department is subject to censure, reprimand or denial of right to renew the certificate pursuant to section 32‑2821.
E. On the request of a certificate holder in good standing, the board department shall cancel a certificate.
F. The board department shall waive the renewal fee if a certificate holder submits an affidavit to the board department stating that the certificate holder is retired from the practice of radiologic technology or wishes to be placed on inactive status. A retired or inactive technologist who practices is subject to the same penalties imposed pursuant to this chapter on a person who practices radiologic technology without a certificate.
G. The board department may reinstate a technologist on retired or inactive status on payment of the renewal fee pursuant to subsection B of this section.
Sec. 19. Section 32-2818, Arizona Revised Statutes, is amended to read:
32-2818. Lapsed certification; inactive status; reinstatement
A person who was an unlimited practical technologist in radiology under this chapter from and after December 31, 1992 and whose certificate was not suspended or revoked but who failed to renew the certificate may, on application to the medical radiologic technology board of examiners department, may be placed on inactive status or reinstated pursuant to section 32‑2816.
Sec. 20. Section 32-2819, Arizona Revised Statutes, is amended to read:
32-2819. Radiologist assistants; certification; rules; scope of practice
A. Beginning January 1, 2009, A person who wishes to practice as a radiologist assistant must apply to the board department for a certificate on a form and in the manner prescribed by the board department pursuant to the requirements of section 32‑2812.
B. The board department shall adopt rules to implement this section. The rules shall include the following:
1. Continuing education requirements.
2. Any other requirements the board department considers appropriate to implement this section.
C. Pursuant to rules adopted by the board department, a radiologist assistant may do the following under the direct supervision of a radiologist:
1. Perform fluoroscopic procedures.
2. Assess and evaluate the physiologic and psychological responsiveness of patients undergoing radiologic procedures.
3. Evaluate image quality, make initial image observations and communicate observations to the supervising radiologist.
4. Administer contrast media or other medications prescribed by the supervising radiologist.
5. Perform any other procedures consistent with rules adopted by the board department.
D. In adopting rules pursuant to subsection C of this section, the board department shall consider guidelines established by the American college of radiology, the American society of radiologic technologists and the American registry of radiologic technologists.
E. A radiologist assistant shall not interpret images, make diagnoses or prescribe medications or therapies.
F. A radiologist who supervises a radiologist assistant may authorize the assistant to perform only those radiologic procedures described in this section.
G. A person shall not do any of the following without a certificate issued pursuant to this section:
1. Perform the radiologic procedures described in subsection C of this section.
2. Claim to be a radiologist assistant, including using any sign, advertisement, card, letterhead, circular or other writing, document or design to induce others to believe the person is authorized to practice as a radiologist assistant.
H. Subsection G of this section does not apply to either of the following:
1. A person engaging in the scope of practice for which the person holds a valid license or certificate.
2. A person performing a task as part of an advanced academic program.
Sec. 21. Section 32-2821, Arizona Revised Statutes, is amended to read:
32-2821. Revocation or suspension of certificate or permit; civil penalties; enforcement; appeals; hearings
A. The certificate of a technologist, radiologist assistant or permit holder may be suspended for a fixed period, or may be revoked, or the technologist or radiologist assistant may be censured, reprimanded or otherwise disciplined, if after a hearing pursuant to title 41, chapter 6, article 10 it is determined that The director may revoke or suspend a certificate or permit issued under this chapter if the holder of the certificate or permit:
1. Is guilty of any fraud or deceit in activities as a technologist or radiologist assistant or has been guilty of any fraud or deceit in procuring or maintaining a certificate.
2. Has been convicted in a court of competent jurisdiction of a crime involving moral turpitude. If the conviction has been reversed and the holder of the certificate or permit has been discharged or acquitted or if the holder of the certificate or permit has been pardoned or the holder's civil rights have been restored, the certificate may be restored.
3. Is an habitual drunkard or is addicted to the use of morphine, cocaine or other drugs having similar effect, is insane or uses hallucinogens.
4. Has knowingly aided or abetted a person, not otherwise authorized, who is not a certified technologist or radiologist assistant or has not been issued a special permit in engaging in the activities of a technologist or radiologist assistant.
5. Has undertaken or engaged in any practice beyond the scope of the authorized activities of a certified technologist, radiologist assistant or permit holder pursuant to this chapter.
6. Has impersonated a duly certified technologist, radiologist assistant or permit holder or former duly certified technologist, radiologist assistant or permit holder or is engaging in the activities of a technologist, radiologist assistant or permit holder under an assumed name.
7. Has been guilty of unethical professional conduct.
8. Has continued to practice without obtaining a certificate renewal or a special permit renewal.
9. Has applied ionizing radiation to a human being when not operating in each particular case under the direction of a duly licensed practitioner or to any person or part of the human body other than specified in the law under which the practitioner is licensed.
10. Has acted or is acting as an owner, co‑owner or employer in any enterprise engaged in the application of ionizing radiation to human beings for the purpose of diagnostic interpretation or the treatment of disease, without being under the direction of a licensed practitioner.
11. Has used or is using the prefix "Dr.", the word "doctor" or any prefix or suffix to indicate or imply that the person is a duly licensed practitioner if this is not true.
12. Is or has been guilty of incompetence or negligence in activities as a technologist.
13. Is or has been afflicted with any medical problem, disability or addiction, that the board department determines impairs the certificate or permit holder's professional competence.
14. Has interpreted a diagnostic image for a physician, a patient, the patient's family or the public.
15. Has violated any provision of this chapter or rule adopted pursuant to this chapter.
B. Proceedings pursuant to this section against any certified technologist, radiologist assistant or permit holder shall begin by filing with the board a written charge or charges under oath against the technologist, radiologist assistant or permit holder. The charges may be referred by any person, corporation, association or public officer or by the board on its own motion. A copy of the charges, together with a report of the investigation as the board deems proper, shall be referred to the chairman of the board for review. If the chairman decides that the charges should be heard, the chairman shall designate three or more members of the board as a committee to hear and report on the charges and shall set a time and place for the hearing pursuant to title 41, chapter 6, article 10. A copy of the charges, together with a notice of the time and place of hearing, shall be served on the person charged either personally or by certified mail at least twenty days before the date fixed for the hearing. The board or its committee may issue subpoenas for the appearance of witnesses and to take testimony under oath.
B. A person may appeal the revocation or suspension under subsection A of this section by requesting a hearing pursuant to title 41, chapter 6, article 10. If the revocation or suspension is appealed, the director may not take further action to enforce the revocation or suspension until after the hearing.
C. If the certificate of any person has been revoked or suspended, the board may department, after the expiration of two years, entertain may consider an application for restoration of the certificate under conditions to be prescribed by the board for each individual case.
D. The board director may impose assess a civil penalty of against a person in an amount not to exceed two hundred fifty dollars for each violation of this section chapter or a rule adopted pursuant to this chapter. Each day a violation occurs constitutes a separate violation.
E. The director shall issue a notice of assessment that includes the proposed amount of the assessment. In determining the amount of a civil penalty assessed against a person under this subsection, the department shall consider all of the following:
1. Repeated violations of statutes and rules.
2. Patterns of noncompliance.
3. Types of violations.
4. the Severity of violations.
5. The Potential for and occurrences of actual harm.
6. Threats to health and safety.
7. the Number of persons affected by the violations.
8. The Number of violations.
9. The Length of time the violations have been occurring.
F. A person may appeal the civil penalty assessment by requesting a hearing pursuant to title 41, chapter 6, article 10. If an assessment is appealed, the director may not take further action to enforce and collect the assessment until after the hearing.
G. Actions to enforce the collection of civil penalties assessed pursuant to this section shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in the county in which the violation occurred.
H. The board department shall deposit, pursuant to sections 35‑146 and 35‑147, monies civil penalties collected pursuant to this subsection section in the state general fund.
E. Except as provided in section 41‑1092.08, subsection H, a person may appeal a final board decision to the superior court pursuant to title 12, chapter 7, article 6.
I. The department shall conduct any hearing to revoke or suspend a certificate or permit or impose a civil penalty under this section pursuant to title 41, chapter 6, article 10.
F. J. The board department may issue a nondisciplinary order requiring the certificate holder or permit holder to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board department to provide the certificate holder or permit holder with the necessary understanding of current developments, skills, procedures or treatment. The department may also file a letter of concern, issue a decree of censure, prescribe a period of probation or restrict or limit the practice of a certificate or permit holder.
Sec. 22. Section 32-2824, Arizona Revised Statutes, is amended to read:
32-2824. Inspections
A. The board department or its duly authorized representatives may enter during scheduled work hours on private or public property for the purpose of:
1. Ensuring that only board‑certified certified individuals or individuals who are exempt from board certification are operating ionizing radiation machines.
2. Determining whether a certified individual is practicing beyond the scope of the person's certificate.
3. Determining whether a certified individual has violated the provisions of this chapter.
4. Auditing ionizing radiation logbooks.
5. Determining compliance with this chapter and the rules adopted pursuant to this chapter.
B. The board department may enter areas under the jurisdiction of the federal government only with its permission.
C. The board on its own motion, or the executive director if delegated by the board, may investigate any evidence that appears to show the existence of any of the causes or grounds for disciplinary action as provided in section 32‑2821, subsection A. The board may investigate any complaint that alleges the existence of any of the causes or grounds for disciplinary action as provided in section 32‑2821, subsection A.
Sec. 23. Section 32-2825, Arizona Revised Statutes, is amended to read:
32-2825. Injunctive relief
The board department may file a petition for injunctive relief against a person who violates a provision of this chapter. The petition may be filed in the superior court in Maricopa county or in the county where the defendant resides or is found The person may be served in any county of this state. The action shall be brought on behalf of the director by the attorney general or the county attorney of the county in which the violation is occurring.
Sec. 24. Section 32-2841, Arizona Revised Statutes, is amended to read:
32-2841. Mammographic technologists; computed tomography technologists; certification; renewal
A. A person who wishes to perform diagnostic mammography or screening mammography as defined in section 30‑651 shall obtain a mammographic technologist certificate from the board department. A person who wishes to perform computed tomography shall obtain a computed tomography technologist certificate from the board department. The board department shall issue a certificate to an applicant who:
1. Pays a prorated twenty dollar application fee.
2. Holds a current radiologic technology certificate issued by the board department.
3. For a mammographic certification, completes the training and education requirements of subsection B of this section and passes an examination as prescribed in subsection D of this section.
4. For a computed tomography technologist certification, provides documentation of two years of experience in computed tomography and completion of twelve hours of computed tomography specific education or passes an examination as prescribed in subsection D of this section.
B. To satisfy the education requirements of subsection A of this section, an applicant shall meet the initial training and education requirements of the mammography quality standards act regulations for quality standards of mammographic technologists, 21 Code of Federal Regulations section 900.12.
C. The board department shall issue a student mammography permit, preceptorship or temporary certificate to a person who is in training and meets the requirement of subsection A, paragraph 2 of this section if the applicant also provides the board department with verification of employment and the name of the radiologist who agrees to be responsible for the applicant's supervision and training. A student mammography permit, preceptorship or temporary certificate is valid for one year from the date it is issued and may not be renewed one time for an additional six months. If the holder completes all of the requirements of subsection A of this section within the permitted period, the board department shall issue a mammographic or computed tomography technologist certificate. The mammographic or computed tomography technologist certificate shall be renewed as prescribed under subsection E of this section.
D. To satisfy the examination requirements of this section an applicant shall pass an examination in mammography or computed tomography administered by the board department or, in lieu of its own examination, the board department may accept a certificate issued on the basis of an examination by a certificate‑granting body recognized by the board department.
E. Except as provided in section 32-4301, a certificate that is issued under this section is valid for two years. If a certificate holder's last name begins with a letter that falls between A through M, the certificate expires on the last day of the certificate holder's birth month in every even‑numbered year. All other certificates expire on the last day of the certificate holder's birth month in every odd‑numbered year. The board department shall notify a certificate holder thirty days before the expiration date of the certificate. An applicant for renewal of a mammographic technologist certificate shall meet the continuing education requirements of the mammography quality standards act regulations for quality standards of mammographic technologists, 21 Code of Federal Regulations section 900.12. If a radiologic technologist is certified by the American registry of radiologic technologists, that person must satisfy the continuing education requirements of this subsection by providing the board department with evidence of the technologist's good standing and current certification with that registry. The applicant shall also pay a twenty dollar renewal fee to the board department.
F. The board shall prorate fees for a new certificate for the remaining full calendar months of the respective group to which the certificate is assigned.
G. F. A person or facility that employs a person certified under this section shall report any suspected violations of section 32‑2821 to the board department. The board department shall investigate the complaint and act as prescribed under section 32‑2821. If in the course of its investigation the board department determines that a person regulated by another regulatory agency of this state may have violated that agency's laws, the board department shall report the violation to the other agency for disciplinary action.
Sec. 25. Repeal
Sections 41-3018.04 and 41-3018.23, Arizona Revised Statutes, are repealed.