BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1332|
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                                 THIRD READING


          Bill No:  SB 1332
          Author:   Dutton (R)
          Amended:  5/11/10
          Vote:     27 - Urgency

           
           SENATE HEALTH COMMITTEE  :  9-0, 5/5/10
          AYES:  Alquist, Strickland, Aanestad, Cedillo, Cox, Leno,  
            Negrete McLeod, Pavley, Romero

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Radiologic technology

           SOURCE  :     Author


           DIGEST  :    Requires, until January 1, 2015, the Department  
          of Public Health 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, subject to certain conditions, and pursuant to  
          a modified rulemaking process.

           ANALYSIS  :    

           Existing law  

          1. Provides for the certification of radiologic  
             technologists by the Department of Public Health (DPH),  
             including separate certificates for diagnostic  
                                                           CONTINUED





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             radiologic technology, fluoroscopic radiologic  
             technology, mammographic radiologic technology, and  
             therapeutic radiologic technology.

          2. 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.

          3. Requires each applicant for certification as a  
             radiologic technologist to submit evidence satisfactory  
             to the department that he/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 DPH, is equivalent to the minimum requirements of a  
             course in an approved school for radiologic  
             technologists.

          4. Requires DPH to approve schools for radiologic  
             technologists that, in the judgment of DPH, 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.

          5. 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 DPH finds that it provides  
             the same protection to the public as statute and  
             regulations pertaining to radiologic technologists.

          This bill:

          1. Requires DPH, until January 1, 2015, 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.

          2. Limits this requirement to schools that teach diagnostic  
             or therapeutic radiologic programs.







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          3. 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 consistent with federal and state  
             health privacy laws, and with its pursuant authority, to  
             provide DPH with access to school accreditation  
             materials, allegations of noncompliance by schools, and  
             program reviews, as specified.

          4. Requires DPH, before approving a school, to adopt the  
             JRCERT accreditation standards through a modified  
             rulemaking process, under which DPH will be required to  
             post the standards on its website, solicit public  
             comment, and conduct a public hearing if one is  
             requested.  This applies the same requirements to  
             updates to the standards.  

          5. 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.

          6. 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 DPH to inspect the teaching  
             site locations or other documents with respect to state  
             licensing of equipment or training personnel.

          7. States that this will remain in effect only until  
             January 1, 2015, and as of that date is repealed, unless  
             a later enacted statute, that is enacted before January  
             1,2015, deletes or extends that date.

           Background
           
           DPH process for approving radiologic technologist schools  .   
          Under the Radiologic Technology Act, DPH approves schools  







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          that train radiologic technologists.  The Act allows DPH to  
          approve schools that are accredited, approved, or certified  
          by other agencies or organizations, if DPH finds that the  
          accreditation, approval, or certification standards provide  
          the same protection to the public as statute and  
          regulations.  In 1996, the department DPH's 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, DPH'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.  This bill continues that policy beyond January 1,  
          2011.  DPH has recently indicated that it could be 2014  
          before it updates its regulations concerning approved  
          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  







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          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.

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/21/10)

          Arrowhead Regional Medical Center School of Radiologic  
          Technology
          Board of Governors, California Community Colleges 
          California Radiological Society
          California Society of Radiologic Technologists 
          California State University
          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


          CTW:do  5/24/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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