BILL NUMBER: AB 356 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Fletcher
FEBRUARY 19, 2009
An act to amend Section 114850 of the Health and Safety Code,
relating to radiologic technology.
LEGISLATIVE COUNSEL'S DIGEST
AB 356, as introduced, Fletcher. Radiologic technology:
licentiates of the healing arts.
Existing law sets forth the duties of various agencies relating to
the protection of the public health and safety from the harmful
effects of radiation, including, among others, the duties of the
State Department of Public Health regarding the licensing and
regulation of radiologic technology.
Existing law requires the department to provide for the
certification of licentiates of the healing arts to supervise the
operation of X-ray machines or to operate X-ray machines, or both, to
prescribe minimum standards of training and experience for these
licentiates of the healing arts, and to prescribe procedures for
examining applicants for certification. Under existing law,
licentiates of the healing arts is defined to include any person
licensed under the Medical Practice Act, the Osteopathic Act, or a
specified initiative act that created the State Board of Chiropractic
Examiners, as provided.
Existing law, the Physician Assistant Practice Act, separately
establishes the Physician Assistant Committee of the Medical Board of
California, and provides for the licensure of physician assistants
meeting specified criteria and for the regulation of their practice.
Under that act, a physician assistant is authorized to perform
certain medical services under the supervision of a physician and
surgeon, subject to certain exceptions.
This bill would revise the definition of licentiates of the
healing arts to also include a physician assistant who is licensed
pursuant to the Physician Assistant Practice Act and who practices
under the supervision of a qualified physician and surgeon, as
provided. The bill would also require the supervising physician and
surgeon to have, or be exempt from having, a certificate or permit to
perform the functions that he or she is supervising, as provided.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 114850 of the Health and Safety Code is amended
to read:
114850. As used in this chapter:
(a) "Department" means the State Department of Public
Health Services .
(b) "Committee" means the Radiologic Technology Certification
Committee.
(c) "Radiologic technology" means the application of X-rays on
human beings for diagnostic or therapeutic purposes.
(d) "Radiologic technologist" means any person , other
than a licentiate of the healing arts , making
application of X-rays to human beings for diagnostic or therapeutic
purposes pursuant to subdivision (b) of Section 114870.
(e) "Limited permit" means a permit issued pursuant to
subdivision (c) of Section 114870 to persons to conduct radiologic
technology limited to the performance of certain procedures or the
application of X-ray to specific areas of the human body, except for
a mammogram.
(f) "Approved school for radiologic technologists" means a school
that the department has determined provides a course of instruction
in radiologic technology that is adequate to meet the purposes of
this chapter.
(g) "Supervision" means responsibility for, and control of,
quality, radiation safety, and technical aspects of all X-ray
examinations and procedures.
(h) (1) "Licentiate of the healing arts"
means a person licensed under the provisions of the Medical Practice
Act, and a person licensed under the provisions of
the initiative act entitled "An act prescribing the terms upon which
licenses may be issued to practitioners of chiropractic, creating
the State Board of Chiropractic Examiners and declaring its powers
and duties, prescribing penalties for violation thereof, and
repealing all acts and parts of acts inconsistent herewith," approved
by electors November 7, 1922, as amended, or under
the "Osteopathic Act." Act," or a
person licensed under the Physician Assistant Practice Act (Chapter
7.7 (commencing with Section 3500) of Division 2 of the Business and
Professions Code) who practices under the supervision of a qualified
physician and surgeon pursuant to the act and pursuant to Division
13.8 of Title 16 of the California Code of Regulations.
(2) In order to supervise a physician assistant in performing the
functions authorized by this chapter, a physician and surgeon shall
either hold, or be exempt from holding, a certificate or permit
required to perform the functions being supervised.
(3) Notwithstanding Section 30468 of Title 17 of the California
Code of Regulations, the department shall accept applications for a
licentiate certificate or permit from a physician assistant who
attests that he or she will use the certificate or permit in
compliance with the requirement of this part.
(i) "Certified supervisor or operator" means a licentiate of the
healing arts who has been certified under subdivision (e) of Section
114870 or 107115 to supervise the operation of X-ray machines or to
operate X-ray machines, or both.
(j) "Student of radiologic technology" means a person who has
started and is in good standing in a course of instruction that, if
completed, would permit the person to be certified a radiologic
technologist or granted a limited permit upon satisfactory completion
of any examination required by the department. "Student of
radiologic technology" does not include any person who is a student
in a school of medicine, chiropractic, podiatry, dentistry, dental
radiography, or dental hygiene.
(k) "Mammogram" means an X-ray image of the human breast.
() "Mammography" means the procedure for creating a mammogram.