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.   








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          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, 









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             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  








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            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  








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            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  








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            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