BILL NUMBER: AB 356 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2009
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 Sections 107110,
114850 of , and 114980 of, and to add
Section 114872 to, 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. fluoroscopy.
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 prohibits the administration or use of
diagnostic, mammographic, or therapeutic X-ray on human beings in
this state by a licentiate of the healing arts unless that person is
certified. 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 licentiate 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
licentiate of the healing arts , for
purposes of a fluoroscopy permit, 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
This bill would require the department to issue a licentiate
fluoroscopy permit to a qualified licentiate of the healing arts, as
defined, and would allow the holder of a licentiate
fluoroscopy permit to administer and use diagnostic, mammographic, or
therapeutic X-ray on human beings. 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.
Existing law establishes the Radiation Control Fund for the
collection of specified moneys, including fees for use, upon
appropriation of the Legislature, to cover the costs of enforcing
specified provisions of law relating to radiologic technology.
This bill would allow the department to charge applicants for a
licentiate fluoroscopy permit a fee in an amount sufficient to cover
the costs of the licensing program, to be deposited in the Radiation
Control Fund and used, upon appropriation of the Legislature, to fund
implementation of the permit program.
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 107110 of the Health
and Safety Code is amended to read:
107110. It shall be unlawful for any licentiate of the healing
arts to administer or use diagnostic, mammographic, or therapeutic
X-ray on human beings in this state after January 1, 1972, unless
that person is certified pursuant to subdivision (e) of Section
114870 or , Section 114872, or Section
114885, and is acting within the scope of that certification.
SECTION 1. S EC . 2.
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-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, or 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 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 Code 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. Osteopathic
Act."
(2) For purposes of Section 114872, a licentiate of the healing
arts means 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.
(i) "Certified supervisor or operator" means a licentiate of the
healing arts who has been certified under subdivision (e) of Section
114870 or 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.
SEC. 3. Section 114872 is added to the
Health and Safety Code , to read:
114872. (a) The department shall issue a licentiate fluoroscopy
permit to a qualified licentiate of the healing arts, as defined in
paragraph (2) of subdivision (h) of Section 114850. 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.
(b) A physician and surgeon may delegate to a licensed physician
assistant procedures using fluoroscopy. In order to supervise a
physician assistant in performing the functions authorized by 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.
(c) 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.
(d) 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 Code of
Regulations.
(e) 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.
(f) 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.
(g) Nothing in this section shall be construed to remove the need
for a physician assistant to be subject to the 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.
(h) The department may charge applicants under this section a fee
in an amount sufficient, but not greater than the amount required, to
cover the department's costs of implementing this section. The fees
collected pursuant to this subdivision shall be deposited into the
Radiation Control Fund established pursuant to Section 114980.
SEC. 4. Section 114980 of the Health
and Safety Code is amended to read:
114980. The Radiation Control Fund is hereby created as a special
fund in the State Treasury. All moneys, including fees, penalties,
interest earned, and fines collected under Sections 107100, 107160,
114872, 115045, 115065, and 115080, Article 5.5
(commencing with Section 107115) of Chapter 4 of Part 1, and the
regulations adopted pursuant to those sections, shall be deposited in
the Radiation Control Fund to cover the costs related to the
enforcement of this chapter, including, but not limited to,
implementation of Section 114872, Section 115000, Article
6 (commencing with Section 107150) of Chapter 4 of Part 1, and the
Radiologic Technology Act (Section 27), and Article 5.5 (commencing
with Section 107115) of Chapter 4 of Part 1, and shall be available
for expenditure by the department only upon appropriation by the
Legislature. In addition to any moneys collected by, or on behalf of,
the department for deposit in the Radiation Control Fund, all
interest earned by the Radiation Control Fund shall be deposited in
the Radiation Control Fund.