BILL NUMBER: AB 2720 CHAPTERED 09/07/06 CHAPTER 220 FILED WITH SECRETARY OF STATE SEPTEMBER 7, 2006 APPROVED BY GOVERNOR SEPTEMBER 7, 2006 PASSED THE SENATE AUGUST 16, 2006 PASSED THE ASSEMBLY MAY 11, 2006 AMENDED IN ASSEMBLY MAY 8, 2006 AMENDED IN ASSEMBLY APRIL 26, 2006 AMENDED IN ASSEMBLY APRIL 6, 2006 INTRODUCED BY Assembly Member Spitzer FEBRUARY 24, 2006 An act to amend Section 107155 of, and to add Section 106976 to, the Health and Safety Code, relating to radiologic technology. LEGISLATIVE COUNSEL'S DIGEST AB 2720, Spitzer Radiologic technology. Existing law requires any person who performs nuclear medicine technology to meet the standards of competence established by the State Department of Health Services. Nuclear medicine technology is defined to mean the technology applied under the supervision of a physician and surgeon or a licensed clinical bioanalyst, when performing in vitro procedures, that pertains to the utilization of radiopharmaceuticals for the diagnosis and treatment of disease in humans. Existing law exempts specified persons from these standards. This bill would also exempt from these standards a person who holds a current, valid certificate in diagnostic radiologic technology and performs a positron emission tomography scan only on a dual mode machine on which both a nuclear medicine procedure, including a positron emission tomography scan, and a computerized tomography scan may be performed if specified conditions are met. This bill would make the violation of these conditions a misdemeanor. Existing law requires the State Department of Health Services to provide for the certification of radiologic technologists. Existing law makes it unlawful for any person to administer or use diagnostic or therapeutic X-ray on human beings in the state unless the person is certified as a radiologic technologist or is granted a permit by the department to conduct radiologic technology, as specified, is acting within the scope of the certificate or permit, and acts under the supervision of a licentiate of the healing arts. This bill would authorize a person who meets the standards of competence for the performance of nuclear medicine to perform a computerized tomography scan only on a dual mode machine on which both a positron emission tomography scan and a computerized tomography scan may be performed if specified conditions are met. This bill would make the violation of these conditions a misdemeanor. By creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 106976 is added to the Health and Safety Code, to read: 106976. (a) Notwithstanding any other provision of the Radiologic Technology Act (Section 27), a person who is currently certified as meeting the standards of competence in nuclear medicine technology pursuant to Article 6 (commencing with Section 107150) may perform a computerized tomography scan only on a dual mode machine on which both a nuclear medicine procedure, including a positron emission tomography scan, and a computerized tomography scan may be performed if both of the following conditions are met: (1) The person holds a current, valid certificate in computerized tomography issued by the American Registry of Radiologic Technologists, or a similarly recognized organization, or is a student described in subdivision (b) of Section 106975. (2) The person is under the supervision of a person who is an authorized user identified on a specific license authorizing medical use of radioactive materials pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9). (b) A violation of this section is a misdemeanor pursuant to Section 107170 and a violator is subject to discipline pursuant to Section 107165. SEC. 2. Section 107155 of the Health and Safety Code is amended to read: 107155. (a) Any person not currently licensed as a physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or as a clinical laboratory technologist, bioanalyst, or clinical chemist pursuant to Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code, who performs nuclear medicine technology shall be subject to the standards of competence established by the department pursuant to this article. (b) Nothing in this article shall be construed to limit the existing authority of, or scope of practice of, a physician and surgeon, clinical laboratory technologist, bioanalyst, or clinical chemist granted pursuant to their licenses, or to further require persons to establish competence to perform in vitro tests. (c) In vitro procedures using radioactive materials shall be performed in a licensed clinical laboratory. (d) This article shall not apply to any of the following persons: (1) Any person employed by an agency of the United States government, while performing the duties of the employment. (2) A licensed clinical laboratory technologist who administers a radioactive marker test substance to a human subject to perform a measurement on a sample containing the radioactive marker test substance that has been removed from the subject. (3) A registered pharmacist who handles radioactive drugs in accordance with the California State Board of Pharmacy regulations contained in the most recent version of Sections 1708.3 to 1708.8, inclusive, of Article 2 of Chapter 17 of Title 16 of the California Code of Regulations. (4) (A) A person who holds a current, valid certificate in diagnostic radiologic technology pursuant to subdivision (b) of Section 114870 may perform a positron emission tomography scan only on a dual mode machine on which both a positron emission tomography scan and a computerized tomography scan may be performed if both of the following conditions are met: (i) The person holds a current, valid certificate in positron emission tomography issued by the Nuclear Medicine Technology Certification Board, or a similarly recognized organization, or complies with the regulations issued by the department governing students of nuclear medicine technology in order to obtain a current, valid certificate in positron emission tomography issued by the Nuclear Medicine Technology Certification Board. (ii) The person is under the supervision of a person who is an authorized user identified on a specific license authorizing medical use of radioactive materials pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9). (B) A violation of this paragraph is a misdemeanor pursuant to Section 107075 and a violator is subject to discipline pursuant to Sections 107065 and 107070. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.