BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1332| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 1332 Page 2 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. SB 1332 Page 3 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 SB 1332 Page 4 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 SB 1332 Page 5 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 **** END ****