BILL ANALYSIS SB 1332 Page 1 Date of Hearing: June 29, 2010 ASSEMBLY COMMITTEE ON HEALTH William W. Monning, Chair SB 1332 (Dutton) - As Amended: June 23, 2010 SENATE VOTE : 35-0 SUBJECT : Radiologic technology. SUMMARY : Requires a diagnostic or therapeutic radiologic technology school that has been recognized by the Joint Review Committee on Education in Radiologic Technology (JRCERT) for an Accredited Educational Program in Radiography (AEPR) to be approved as a diagnostic or therapeutic radiologic technology school, upon meeting specified requirements. Allows a school that is in the process of obtaining recognition by JRCERT to be provisionally approved and provided a conditional permit. Contains an urgency clause that declares the provisions of this bill to take effect immediately upon enactment. Specifically, this bill : 1)In addition to the existing Department of Public Health (DPH) approval process, requires a diagnostic or therapeutic radiologic technology school that has been recognized by JRCERT as meeting either the Standards for an Accredited Educational Program in Radiologic Sciences, revised in 2001, or the Standards for an AEPR (Standards), as adopted April 2010, to be approved as a diagnostic or therapeutic radiologic technology school, upon the school's furnishing verification to DPH of current satisfactory JRCERT certification to DPH. 2)Requires DPH to post JRCERT standards on its Internet Web site and requires this bill to be implemented only if the Standards: a) Are available to DPH and schools free of charge and accessible on DPH's Internet Web site or through a link to the standards; and, b) Are consistent with federal and state health privacy laws, DPH has an agreement with JRCERT to provide access to school accreditation materials, allegation of noncompliance by a school, and program reviews performed on California schools. SB 1332 Page 2 3)Requires a diagnostic or therapeutic radiologic technology school that is in the process of obtaining recognition by JRCERT and meets Standards to be provisionally approved and provided a conditional permit, provided all of the following conditions are met: a) The school's instructors all hold either a certificate in radiologic technology, as specified, or a licentiate's certificate or permit, as specified; b) All use of X-ray machines by the school's students or instructors, including all machines used at the school's affiliated clinical sites are in compliance with the State's Radiologic Control Law, including registration requirements; c) All clinical sites used by the school have an affiliation agreement with the school; and, d) The school has a radiation protection program in place that meets specified standards for protection against radiation. 4)Prohibits anything in this bill from being construed to prevent a diagnostic or therapeutic radiologic technology school that is not accredited by JRCERT from being approved by DPH. 5)Requires DPH, before approving a school, under the provisions of this bill, to adopt the JRCERT accreditation standards through a modified rulemaking process, under which DPH is 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. 6)Permits the approval of a diagnostic or therapeutic radiologic technology school, as specified, including specified provisional approval, to be revoked, suspended, limited, or conditioned by DPH for the following reasons: a) Violation of a specified provision of the Radiologic Technology Act, or violation of any provision of the Radiation Control Law or its regulations; or, SB 1332 Page 3 b) Nonpayment of specified permit fees. 7)Prohibits anything in this bill from being construed to limit or abridge DPH's authority to inspect diagnostic or radiologic technology schools or their clinical sites. 8)Requires a diagnostic or therapeutic radiologic technology school, approved pursuant to this bill, to provide DPH with written notice of any JRCERT action revoking, suspending, conditioning, or denying a school's JRCERT accreditation within 10 days of the JRCERT action. 9)Requires proceedings to revoke, suspend, limit, or condition school approvals, as specified, to be conducted in accordance with specified Administration Adjudication procedures. 10)Sunsets the provisions of this bill on January 1, 2015. EXISTING LAW : 1)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. 2)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 DPHt finds that it would provide the same protection to the public as statute and regulations pertaining to radiologic technologists. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : 1)PURPOSE OF THIS BILL . According to the author, this bill will establish a process for DPH to formally recognize radiologic technology schools that are accredited by JRCERT, which will create two pathways for radiologic technology schools to be recognized by the state. The author states that this bill simply continues what DPH has been doing for the past 14 years, which is approving radiologic technology schools that SB 1332 Page 4 have JRCERT accreditation. According to the author, this bill will provide certainty as well as ensure that the public is still being protected by using the more current JRCERT standards, rather than the DPH's regulations, which were established in 1985. This bill does this while not interfering with DPH's ability to move forward with updating the current regulations. 2)BACKGROUND . 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 DPH finds that the accreditation, approval, or certification standards provide the same protection to the public as statute and regulations. In 1996, DPH approved JRCERT as an acceptable accreditation body for radiologic technologist training schools. In 2006, DPH identified several inconsistencies between the JRCERT accreditation process and DPH's regulations, including JRCERT's 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 JRCERT's 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. The letter further 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 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. Based on a February 18, 2010 letter from the chair of the Subcommittee on Minimum Standards for the Education of Radiologic Technologists of California that is investigating the delegation of the school approval process to third-party SB 1332 Page 5 accreditation organizations, JRCERT is attempting to address DPH's 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 DPH's preference for process-based training standards over competency-based standards. 3)JRCERT CERTIFICATION . According to its Web site, JRCERT is a not-for-profit organization that sets standards for the education of professionals in the radiologic sciences and evaluates educational programs against those standards. JRCERT is the only accrediting agency recognized by the United States Department of Education that focuses solely on the evaluation of programs in radiography, radiation therapy and medical dosimetry. All Radiologic Technology Programs, including programs in California, fall under the jurisdiction of the national standards created by JRCERT, which bases its standards on the educational curriculum created and identified by the American Registry of Radiologic Technologists and the American Society of Radiologic Technologists. JRCERT's standards are designed to promote excellence in education and enhance the quality and safety of patient care. Additionally, JRCERT mandates that all accredited Radiologic Technology Programs conduct timely assessment on student learning based outcomes. 4)SUPPORT . According to the California Community Colleges, this bill will ensure that DPH approves schools that meet JRCERT standards, which have been accepted in lieu of DPH's regulations for more than a decade. Supporters state that current regulations that describe the curriculum requirements for the Radiologic Technology programs are outdated and are not outcomes-based. Instead, they require a specified number of hours, repetition of activities, and program areas that are no longer used. According to supporters, this bill will ensure that the radiological technology programs that comply with JRCERT continue without the disruption that occurred in 2007, when DPH acted to enforce the regulations. Supporters state that this bill will place reasonable requirements that are nationally recognized into statute, which will ensure that radiologic technology programs are not put at risk. 5)PREVIOUS LEGISLATION . AB 17 (Emmerson) of 2007 would have, until January 1, 2012, required DPH, when approving a school SB 1332 Page 6 for radiologic technologists, to approve a school that it determines has met the requirements in a specified document published by the JRCERT. AB 17 was amended in Senate Business and Professions Committee but was not set for hearing. 6)URGENCY CLAUSE . This measure contains an urgency clause and the provisions will take effect immediately upon enactment. REGISTERED SUPPORT / OPPOSITION : Support Bakersfield College Cabrillo College California Community Colleges California Radiological Society California Society of Radiologic Technologists California State University California State University, Northridge Canada College Chaffey College Charles Drew University of Medicine and Science City College of San Francisco, Radiologic Sciences Department City of Hope School of Radiation Therapy Community College League of California Fresno City College Joint Review Committee on Education in Radiologic Technology Merced Community College District Moorpark College Pima Medical Institute's Radiologic Technology Program Yuba Community College District Opposition None on file. Analysis Prepared by : Martin Radosevich / HEALTH / (916) 319-2097