BILL NUMBER: AB 356 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 21, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
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 amended, 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 require a physician assistant who is issued
a licentiate fluoroscopy permit to meet specified continuing
education requirements. The bill would also require the supervising
physician and surgeon to have, or be exempt from having, a licentiate
fluoroscopy permit to perform the functions that he or she is
supervising, as provided.
This bill would also allow a physician and surgeon to delegate to
a licensed physician assistant specified procedures using
fluoroscopy. The bill would specify training requirements that must
be met in order for a physician assistant to be delegated this task.
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.
(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 X-rays 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, 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, the "Osteopathic 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 the
Radiologic Technology Act (Section 27) , a physician and
surgeon shall either hold, or be exempt from holding, a licentiate
fluoroscopy permit required to perform the functions being
supervised.
(3) A physician and surgeon may delegate to a licensed physician
assistant procedures using fluoroscopy. A physician assistant to whom
a physician and surgeon has delegated the use of fluoroscopy shall
demonstrate successful completion of 40 hours of total coursework,
including fluoroscopy radiation safety and protection,
recognized by the department. Documentation of completed coursework
shall be kept on file at the practice site and available to the
department upon request. Notwithstanding any other provision of law,
the department shall accept applications for a fluoroscopy permit
from a licensed physician assistant who meets the requirements of
this section. Nothing in this section shall be construed to
remove the need for a physician assistant to pass a
department-approved examination in fluoroscopy radiation safety and
protection pursuant to Article 1 (commencing with Section 30460) of
Group 5 of Subchapter 4.5 of Chapter 5 of Division 1 of Title 17 of
the California Cod e of Regulations.
(4) A licensed physician assistant who is issued a fluoroscopy
permit pursuant to the requirements of this section shall, in the two
years preceding the expiration date of the permit, earn 10 approved
continuing education credits. The department shall accept
continuing education credits approved by the Physician Assistant
Committee.
(5) Nothing in this section shall be construed to authorize a
physician assistant to perform any other procedures utilizing
ionizing radiation except those authorized by holding a licentiate
fluoroscopy permit.
(6) Nothing in this section shall be construed to remove the need
for a physician assistant to be subject to the licentiate fluoroscopy
permit requirements approved by the department pursuant to
Subchapter 4.5 (commencing with Section 30400) of Chapter 5 of
Division 1 of Title 17 of the California Code of Regulations.
(i) "Certified supervisor or operator" means a licentiate of the
healing arts who has been certified under subdivision (e) of Section
114870 or 107115 107111 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.
(l) "Mammography" means the procedure for creating a mammogram.