Assigned to HHS FOR
COMMITTEE
Assigned to HHS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
radiation regulatory boards; repeal; DHS
Purpose
Eliminates the Medical Radiologic Technology Board of Examiners and Radiation Regulatory Hearing Board. Authorizes the Director of the Department of Health Services (Director) to appoint an advisory committee to assist with performing currently prescribed duties related to the regulation of radiologic technologists.
Background
On January 1, 2018, Laws 2017, Chapter 313 transferred the authority, powers, duties and responsibilities of the Arizona Radiation Regulatory Agency (ARRA), the Radiation Regulatory Hearing Board (RRHB) and the Medical Radiologic Technology Board of Examiners (MRTBE) to the Arizona Department of Health Services (DHS). Additionally, the legislation transferred all of the following from the ARRA, MRTBE and RRHB to DHS: 1) administrative matters; 2) contracts; 3) judicial and quasi-judicial actions, whether completed, pending or in process; 4) equipment; 5) records; 6) furnishings and other property; 7) all data and investigative findings; 8) all appropriated monies that remained unexpended and unencumbered by the effective date; and 9) all personnel employed by the ARRA, RRHB and the MRTBE.
There is no anticipated fiscal impact to the state General Fund (GF) associated with this legislation.
Provisions
1. Eliminates the RRHB.
2. Transfers all unexpended and unencumbered monies remaining in the Radiation Regulatory Fee Fund to the Health Services Licensing Fund (Fund).
3. Directs DHS to deposit 90% of the fees collected for licensure and registration of radiation sources, and certification and examination of radiologic technologists, into the Fund and 10% of the fees collected into the GF.
4. Authorizes the Director to suspend or revoke any license for radiation by-products, sources, special nuclear materials, and related devices or equipment if the licensee, officer, agent or employee of the licensee does any of the following:
a) violates related statutory requirements or administrative rules; or
b) has violated, is violating or continues to be in substantial violation of the requirements for licensure of the radiation source in a manner that places the health or safety of the public in immediate danger.
5. Establishes that refusal to allow DHS to inspect the premises by a licensee, or their officer, agent or employee is deemed reasonable cause to believe that a substantial violation exists.
6. Authorizes DHS to enter onto the premises of any radiation source that is required to be licensed to determine compliance with related requirements and rules, if the Director determines that there is reasonable cause to believe a radiation source is in violation.
7. States that an application for licensure constitutes permission and acquiescence in any entry or inspection of the premises during the pendency of the application and throughout the duration of the license.
8. Stipulates that a radiation source whose license has been suspended or revoked is additionally subject to inspection while applying for relicensure or reinstatement of a license.
9. Specifies that a license may not be suspended or revoked without affording the licensee notice and an opportunity for a hearing by the Office of Administrative Hearings (OAH).
10. Permits a person who is denied licensure or registration, or denied an exemption from licensure or registration, to appeal the denial by making a written request for a hearing to OAH, and requires that DHS notify a person whose license, registration or exemption was denied of their right to appeal.
11. Authorizes the Director to assess a civil penalty against a person who violates requirements or rules related to radiation in an amount up to $5,000 per violation and specifies that each day a violation occurs is considered a separate violation. Caps the maximum assessment at $25,000 for a 30-day period.
12. Permits the Director to issue a notice of assessment that includes a proposed assessment amount and provides criteria that must be considered when determining an assessment amount.
13. Permits a person who is assessed a civil penalty to appeal the assessment by requesting a hearing by OAH and precludes the Director from taking further action to enforce and collect an appealed assessment until after the hearing has occurred.
14. Establishes that actions to enforce the collection of civil penalties assessed by the Director must be brought by the Attorney General (AG) or appropriate county attorney.
15. Directs DHS to deposit collected civil penalties into the state GF.
16. Authorizes the Director to do either of the following upon finding that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in an order:
a) order the summary suspension of a license pending proceedings for revocation or other action; and
b) order the impoundment of sources of radiation in the possession of any person not equipped to comply, or who fails to comply, with related requirements and rules.
17. Authorizes the Director to apply to the Superior Court for an injunction to restrain a person from violating radiation requirements and rules.
18. Directs the court to grant a temporary restraining order, preliminary injunction or permanent injunction without bond, upon application by the Director. Specifies that the person may be served in any Arizona county and that the action must be brought on behalf of the Director by the AG or appropriate county attorney.
19. Eliminates the MRTBE and instead allows the Director to appoint an advisory committee to assist with performing duties related to radiologic technologists.
20. Requires the Director to notify the advisory committee regarding all disciplinary actions.
21. Eliminates the requirement that DHS consider standards adopted by the American College of Radiology and the American Osteopathic College of Radiology when approving a school of radiologic technology.
22. Eliminates the requirement that DHS consider guidelines established by the American College of Radiology and the American Society of Radiologic Technologists for adopting rules relating to a radiologist assistant.
23. Authorizes the Director to establish a fee for applications for certifications and examinations for certification of radiologic technologists and removes the quarterly prorated fee structure for radiologic technologists.
24. Removes the requirement that a certificate application be verified by oath or affirmation.
25. Specifies that certifications for radiologic technologists are valid for two years.
26. Requires an applicant who fails the required radiologic technologist certification examination three times to complete additional training.
27. Stipulates that a temporary certificate is valid for one year, rather than 180 days.
28. Allows the Director to suspend or revoke a certificate or permit of a technologist if there has been a violation of related requirements or rules, and precludes the Director from taking further action if a suspension or revocation is appealed.
29. Authorizes the Director to assess a civil penalty for each violation of related requirements or rules.
30. States that each day a violation occurs is considered a separate violation.
31. Requires the Director to issue a notice of assessment that includes the proposed amount of the assessment.
32. Establishes criteria the Director must consider when determining the amount of a civil penalty.
33. Permits a person to appeal a penalty to OAH and prohibits the Director from enforcing or collecting an assessment until after the hearing occurs.
34. Requires collection actions to be brought by the AG or the appropriate county attorney.
35. Allows DHS to do the following:
a) file a letter of concern;
b) issue a censure decree;
c) prescribe a probationary period; or
d) limit the practice of a permit or certificate holder.
36. Authorizes DHS to enter on private or public property during business hours to determine compliance with radiologic technologist requirements and rules.
37. Permits DHS to serve a petition for injunctive relief to a person in any county and directs the AG or appropriate county attorney to bring an action on behalf of DHS.
38. Directs DHS to issue a preceptorship or temporary certificate to an individual wishing to perform diagnostic mammography or screening mammography if specified criteria are met, and stipulates that the certificate is valid for one year and cannot be renewed.
39. Defines relevant terms.
40. Makes technical and conforming changes.
41. Becomes effective on the general effective date.
House Action
Health 1/18/18 DP 8-0-0-1-0-0
3rd Read 2/6/18 58-0-1-0-1
Prepared by Senate Research
February 26, 2018
CRS/lat