BILL ANALYSIS
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Elaine K. Alquist, Chair
BILL NO: SB 1332
S
AUTHOR: Dutton
B
AMENDED: April 27, 2010
HEARING DATE: May 5, 2010
1
CONSULTANT:
3
Hansel/
3 2
SUBJECT
Radiologic technology
SUMMARY
Requires the Department of Public Health (DPH) to approve
schools for radiologic technologists that meet the
Standards for an Accredited Educational Program in
Radiologic Sciences, as published by the Joint Review
Committee on Education in Radiologic Technology (JRCERT),
subject to certain conditions, and pursuant to a modified
rulemaking process.
CHANGES TO EXISTING LAW
Existing law:
Provides for the certification of radiologic technologists
by the Department of Public Health, including separate
certificates for diagnostic radiologic technology,
fluoroscopic radiologic technology, mammographic radiologic
technology, and therapeutic radiologic technology.
Requires DPH to prescribe minimum qualifications for
granting of permits and certificates in radiologic
technology as well as continuing education requirements for
holders of these permits and certificates.
Requires each applicant for certification as a radiologic
Continued---
STAFF ANALYSIS OF SENATE BILL 1332 (Dutton) Page 2
technologist to submit evidence satisfactory to the
department that he or she has satisfactorily completed a
course in an approved school for radiologic technologists,
or has completed a course of study and
training in radiologic technology that, in the opinion of
the department, is equivalent to the minimum requirements
of a course in an approved school for radiologic
technologists.
Requires DPH to approve schools for radiologic
technologists that, in the judgment of the department, will
provide instruction adequate to prepare individuals to meet
requirements for certification as radiologic technologists
and to provide for reasonable standards for
approved schools, as specified.
Allows DPH, when approving a school for radiologic
technologists, to take into consideration accreditation,
approval, or certification of the school by other agencies
or organizations, if the department finds that it would
provide the same protection to the public as statute and
regulations pertaining to radiologic technologists.
This bill:
Requires DPH to approve schools for radiologic
technologists that meet the Standards
for an Accredited Educational Program in Radiologic
Sciences, published by the Joint Review Committee on
Education in Radiologic Technology (JRCERT), as they exist
on January 1, 2010.
Limits this requirement to schools that teach diagnostic or
therapeutic radiologic programs.
Provides that the requirement that DPH approve schools for
radiologic technologists that meet JRCERT accreditation
standards shall only be implemented if the standards are
available to schools free of charge and accessible, as
specified, and DPH has an agreement with JRCERT, to the
extent permitted by federal and state health privacy laws,
to provide DPH with access to school accreditation
materials, allegations of noncompliance by schools, and
program reviews, as specified.
Requires DPH, before approving a school, to adopt the
JRCERT accreditation standards through a modified
STAFF ANALYSIS OF SENATE BILL 1332 (Dutton) Page 3
rulemaking process, under which DPH would be required to
post the standards on its website, solicit public comment,
and conduct a public hearing if one is requested. Applies
the same requirements to updates to the standards.
Makes findings that the state's regulations and standards
for the teaching of radiologic technologists, and
accreditation of radiologic technology schools, are
outdated, and that the standards and requirements
prescribed by the JRCERT have been determined to afford the
same protections to the public as those provided by
California law and regulations.
Expresses intent that the bill is not intended to limit the
ability of DPH to review and inspect materials provided by
schools for accreditation under the JRCERT, or to limit the
ability of the department to inspect the teaching site
locations or other documents with respect to state
licensing of equipment or training personnel.
Contains an urgency clause, based on findings that for
radiologic technologist schools to accept students in
programs for the 2010-11 fall semester, it is necessary for
the bill to take effect immediately.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
According to the author, SB 1332 is needed to continue a
pathway for radiologic technologist schools that meet
recognized accreditation standards to be approved for
training of radiologic technologists in California.
According to the author, in 2007 DPH decided to start using
outdated standards for approval of radiologic technologist
schools in lieu of recognizing the standards of the JRCERT.
In an effort to avoid an impact on schools, and
interrupting students' training, the author introduced
legislation in 2007 to authorize the continued use of
JRCERT standards. While that legislation was not
successful, DPH issued a letter in August 2007 indicating
that it would consider JRCERT accreditation as sufficient
STAFF ANALYSIS OF SENATE BILL 1332 (Dutton) Page 4
to meet California's requirements for radiologic technology
schools until January 1, 2011, or until revised regulations
are promulgated. The author believes DPH is not on track
to develop these regulations in a timely way and has
introduced SB 1332 to ensure that schools accredited by the
JRCERT can continue to operate.
DPH process for approving radiologic technologist schools
Under the Radiologic Technology Act, DPH approves schools
that train radiologic technologists. The Act allows DPH to
approve schools that are accredited, approved, or certified
by other agencies or organizations, if the department finds
that the accreditation, approval, or certification
standards provide the same protection to the public as
statute and the department's regulations. In 1996, the
department approved JRCERT as an acceptable accreditation
body for radiologic technologist training schools.
In 2006, DPH identified several inconsistencies between the
JRCERT accreditation process and the department's
regulations, including JRCERTs emphasis on competency-based
as opposed to process-based training, and its standards for
clinical education, inspection frequency, and investigation
of allegations and complaints. In an effort to update its
regulations and to further examine JRCERTs accreditation
standards, the department's Radiologic Technology
Certification Committee in 2007 established two
subcommittees to provide advice on current radiologic
technology school requirements, and a third subcommittee to
advise DPH on the delegation of school approval process to
third party accreditation organizations.
In August 2007, DPH sent a letter to approved radiologic
technologist schools, which notes that the current
regulations for radiologic technologist school approval
have not been revised for many years, and states that DPH
remains committed to reviewing the existing regulatory
requirements for approved schools, recognizing third-party
accreditation, and promulgating regulatory revisions as
needed. The letter also states that DPH will, until January
1, 2011, or until revised regulations are promulgated,
consider JRCERT accreditation as sufficient to meet
California's requirements for radiologic technology
schools. SB 1332 would continue that policy beyond January
1, 2011. DPH has recently indicated that it could be 2014
before it updates its regulations concerning approved
STAFF ANALYSIS OF SENATE BILL 1332 (Dutton) Page 5
radiologic technologist training schools.
Based on a February 18, 2010 letter from the chair of the
subcommittee that is investigating the delegation of the
school approval process to third-party accreditation
organizations, JRCERT is attempting to address DPHs
concerns about its process for handling allegations of
noncompliance by schools and the frequency of program
reviews. Both the JRCERT and the subcommittee charged with
investigating the delegation of the school approval process
continue to disagree with DPHs preference for process-based
training standards over competency-based standards.
Joint Review Committee on Education in Radiologic
Technology (JRCERT)
According the JRCERTs website, it promotes excellence in
education and enhances quality and safety of patient care
through the accreditation of educational programs, and is
the only agency recognized by the United States Department
of Education for the accreditation of traditional and
distance delivery educational programs in radiography,
radiation therapy, magnetic resonance, and medical
dosimetry.
Prior legislation
AB 17 (Emmerson) of 2007 would have, until January 1, 2012,
required DPH, when approving a school for radiologic
technologists, to approve a school that it determines has
met the requirements in a specified document published by
the Joint Review Committee on Education in Radiologic
Technology. Amended in Senate Business and Professions
Committee but was not set for hearing.
Arguments in support
The Board of Governors of the California Community Colleges
(CCC) states that JRCERT standards have been accepted in
lieu of schools having to meet DPH regulations for some
time. The DPH regulations are outdated and are not
outcomes-based, but rather require a specified number of
hours and activities, which is an approach that is no
longer used. Current practice requires evaluation of the
student on his or her ability to perform certain functions.
CCC states that the regulations need to be updated and the
process of recognition of JRCERT accreditation continued,
as provide in SB 1332. Maintaining access to the current
training programs, many of which are offered in the
STAFF ANALYSIS OF SENATE BILL 1332 (Dutton) Page 6
community colleges, is critical to meeting the workforce
needs of the health care industry. CCC maintains that DPHs
action in 2007 to enforce outdated regulations for
radiologic technologist schools put many schools in
jeopardy and created problems for students who were
applying to programs. While DPH has stated that it will
continue to recognize JRCERT accredited schools while it
modifies its regulations for the schools, it is clear the
regulations will not be completed by 2011; hence the need
for SB 1332.
The California Radiological Society (CRS) states that the
issue of recognizing the accreditation standards of the
JRCERT has been under discussion for some time, as has DPHs
review of the consistency between the accreditation
standards and its own regulations in this area. CRS states
that SB 1332 is prudent policy because JRCERT is the only
organization that is recognized by the US Department of
Education to accredit educational programs in the
radiologic sciences, and DPH can, by contractual agreement
with JRCERT, ensure that additional standards and
requirements are met. CRS also suggests DPH could reduce
its costs of approving schools by recognizing JRCERT
accreditation.
COMMENTS
1. Bill should contain a sunset. As noted above, DPH is
in the process of updating its regulations for radiologic
technologist schools and training programs and is
considering continuation of its policy of recognizing
schools and programs that are JRCERT accredited. While it
is not clear when the regulations will be developed, there
is some indication that DPH plans to complete them by early
in 2014. In light of that, a suggested amendment would be
sunset the bill on January 1, 2015.
2. Suggested technical amendment.
On page 3, lines 18 - 25, amend as follows:
(2) To the extent permitted by consistent with federal and
state health privacy laws, and consistent with its
authority under this chapter, the department has an
agreement with the Joint Review Committee on Education in
Radiologic Technology to provide access to the following
STAFF ANALYSIS OF SENATE BILL 1332 (Dutton) Page 7
information:
(A) School accreditation materials.
(B) Allegation of noncompliance by a school.
(C) Program reviews performed on schools located in
California.
POSITIONS
Support: Arrowhead Regional Medical Center School of
Radiologic Technology
California Radiological Society (CRS)
Board of Governors, California Community Colleges
California Society of Radiologic Technologists
Ca?ada College
City College of San Francisco
City of Hope School of Radiation Therapy
Community College League of California
Joint Review Committee on Radiologic
Technology
Moorpark College
Several individuals
Oppose: None received
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