ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2257: radiation regulatory boards; repeal; DHS |
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PRIME SPONSOR: Representative Carter, LD 15 BILL STATUS: Senate Engrossed |
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Relating to ADHS and the reorganization of
ARRA.
Industry Regulation
1. Permits the Director to suspend or revoke any license of by-product, source, special nuclear materials or devices or equipment if the licensee or employee of the licensee:
a. Violates rules or statute; or
b. Continues to be in substantial violation of licensure requirements.
2. Establishes reasonable cause to believe that a substantial violation has occurred if ADHS is not allowed to inspect a licensee's premises.
3. Prohibits a license from being suspended or revoked unless a licensee is given proper notice and the opportunity for a hearing pursuant to statute.
4. Permits the Director or designated personnel, upon a determination of reasonable cause, to enter the premises of any radiation source at any reasonable time to determine whether they are in compliance.
5. States that an application for licensure constitutes consent to entry and inspection by ADHS while the application is pending and for the duration of the license.
6. Allows the Director to act if a radiation source is not in compliance with licensure requirements.
7. Specifies that a radiation source whose license has been suspended or revoked is subject to inspection when applying for relicensure or reinstatement.
8. Permits an individual who has had a license or registration denied to appeal the denial to the OAH.
9. Requires ADHS to give notice of a license denial hearing and specifies that the notice must state the person's right to make a written request for a hearing.
10. Permits the Director to assess a civil penalty of up to $5,000 to an individual who violates rule or statute.
a. Each day there is a violation is considered a separate violation.
b. Caps the penalty amount at $25,000 for any 30-day period.
11. Allows the Director to issue a notice of assessment, which includes the amount of the assessment.
12. Requires the Director to consider the following when determining the amount of a civil penalty:
a. Repeated violations;
b. Noncompliance patterns;
c. Types of violations;
d. The severity of violations;
e. The occurrence and potential for actual harm;
f. Health and safety threats;
g. The number of affected persons by a violation;
h. The number of violations; and
i. The length of time the violations have been occurring.
13. Permits an individual to appeal a civil assessment through the OAH.
a. Prohibits ADHS from collecting or enforcing the assessment until after the administrative hearing.
14. Requires actions to enforce and collect civil penalties to be brought by the appropriate county attorney or AG.
15. Requires ADHS to deposit all monies collected from the assessment of civil penalties into the General Fund.
16. Permits the Director to take emergency action by:
a. Summarily suspending a license while revocation proceedings or other actions are pending;
b. Ordering the impoundment of radiation sources possessed by an individual who is in noncompliance with rule or statute.
17. Allows the Director to seek an injunction with the Superior Court against a person who violates rule or statute.
18. Requires the Superior Court to issue a temporary or permanent injunction against a person who violates rule or statute.
a. A person may be served anywhere in Arizona.
b. Requires the Attorney General to bring an action on behalf of ADHS.
Radiologic Technologists
19. Eliminates the MRTBE and requires the Director to appoint an advisory committee to work with ADHS to fulfill statutory duties.
a. Advisory committee membership and duties are the same as the MRTBE.
20. Requires the Director to notify the advisory committee regarding all disciplinary actions.
21. Removes the requirement that ADHS consider standards adopted by the American College of Radiology and the American Osteopathic College of Radiology when approving a school of radiologic technology.
22. Permits the Director to establish a nonrefundable fee for certification as a radiologic technologist.
a. Certification fee is currently set at $60.
23. Eliminates the quarterly prorated fee structure for radiologic technologists.
24. Removes the requirement that a certificate application be verified by oath or affirmation.
25. Directs an applicant who fails the required certification examination three times to successfully complete additional training.
26. States that an initial certificate and certificate issued by ADHS are valid for two years.
27. Specifies that a temporary certificate is valid for one year, rather than 180 days.
28. Permits the Director to suspend or revoke a certificate or permit of a technologist if there has been a violation of rule or statute.
29. Allows a person to appeal a suspension or revocation by requesting a hearing with the OAH.
30. Prohibits the Director from taking further action if a suspension or revocation is appealed.
31. Permits the Director to assess a civil penalty for each violation of rule or statute.
32. States that each day a violation occurs is considered a separate violation.
33. Requires the Director to issue a notice of assessment which includes the proposed amount of the assessment.
34. Requires the Director to consider the following when determining the amount of a civil penalty:
a. Repeated violations;
b. Noncompliance patterns;
c. Types of violations;
d. The severity of violations;
e. The occurrence and potential for actual harm;
f. Health and safety threats;
g. The number of affected persons by a violation;
h. The number of violations; and
i. The length of time the violations have been occurring.
35. Allows a person to appeal a penalty to the OAH and prohibits the Director from enforcing or collecting an assessment until after the hearing takes place.
36. Requires collection actions to be brought by the AG or the appropriate County Attorney.
37. Requires ADHS to conduct any hearing regarding a revocation or suspension or imposing a civil penalty pursuant to statute.
38. Permits ADHS to:
a. File a letter of concern;
b. Issue a censure decree;
c. Prescribe a period of probation; or
d. Limit or restrict the practice of a permit or certificate holder.
39. Allows ADHS to enter on private or public property during business hours to determine compliance with rule and statute.
40. Allows ADHS to serve a petition for injunctive relief to a person in any county.
a. Requires the Attorney General or appropriate county attorney to bring an action on behalf of ADHS.
41. Requires ADHS to issue a preceptorship or temporary certificate to an individual wishing to perform diagnostic mammography or screening mammography if certain criteria are met.
a. The certificate is valid for one year and cannot be renewed.
42. Removes language which outlines how to determine the expiration date of a certificate.
43. Eliminates the proration of certificate fees.
Repeals
44. Repeals the Board and relevant statutes.
45. Repeals the statutory sunset dates of the Board and MRTBE.
Miscellaneous
46. Defines practical technologist in bone densitometry.
47. Makes technical and conforming changes.
A.R.S. Title 30, Chapter 4 governs the registering, licensing and certifying sources of ionizing radiation. Within Chapter 4 is the 5-member Board. Each Board member is Governor appointed and serves five year terms. ADHS currently oversees rules and regulations for the control of ionizing radiation.
A.R.S. Title 32, Chapter 28 governs professions working in the field of radiation. These professions include, but are not limited to radiologic technologists, practical technologists in podiatry, nuclear medicine technologists and mammography technologists. Profession licensure and certification are overseen by the 11-member MRTBE. The MRTBE consists of 11 Governor appointed members and the Director, who serves as chairperson. Each member serves a three-year term and is eligible to receive compensation pursuant to statute. MRTBE members also hold examinations for individuals seeking certification or licensure.
Additional information
Laws 2017, Chapter 313 transferred ARRA's authority, powers, duties and responsibilities to ADHS.
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Fifty-third Legislature HB 2257
Second Regular Session Version 4: Senate Engrossed
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