BILL NUMBER: AB 356 CHAPTERED
BILL TEXT
CHAPTER 434
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 2, 2009
PASSED THE ASSEMBLY SEPTEMBER 10, 2009
AMENDED IN SENATE AUGUST 25, 2009
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 Sections 107110, 114850, and 114980 of, and to add
Section 114872 to, the Health and Safety Code, relating to
radiologic technology.
LEGISLATIVE COUNSEL'S DIGEST
AB 356, Fletcher. Radiologic technology: 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 and
acting within the scope of that certification. 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, 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 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.
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, within the scope of fluoroscopy permit
certification. 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.
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, Section 114872, or Section 114885, and is acting within the
scope of that certification.
SEC. 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."
(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.