BILL NUMBER: AB 352 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 14, 2011
INTRODUCED BY Assembly Member Eng
FEBRUARY 10, 2011
An act to add Chapter 7.75 (commencing with Section 3550) to
Division 2 of the Business and Professions Code, relating to
radiologist assistants.
LEGISLATIVE COUNSEL'S DIGEST
AB 352, as amended, Eng. Radiologist assistants.
Existing law, the Medical Practice Act, provides for the licensure
and regulation of physicians and surgeons by the Medical Board of
California. Existing law also provides for the certification and
regulation of radiologic technologists by the State Department of
Public Health.
This bill would enact the Radiologist Assistant Practice Act,
which would require the licensure and regulation of radiologist
assistants by the Radiologist Assistant Committee of the Medical
Board of California and would prescribe the services that may be
performed by a radiologist assistant under the direct supervision of
a supervising radiologist, as defined. The bill would establish the
Radiologist Assistant Committee of the Medical Board of California
for purposes of implementing the act, the 7 members of which would be
appointed by the Governor. The bill would require a radiologist
assistant to meet specified licensure and programmatic requirements,
including completion of an approved program that is certified by the
committee, as specified. The bill would require a radiologist
assistant to pay a licensure fee to be set by the committee and
deposited into the Radiologist Assistant Fund which would be created
by the bill in the State Treasury. The bill would make it a crime for
a person to practice as a radiologist assistant or osteopathic
radiologist assistant without a license or for a radiologist
assistant or osteopathic radiologist assistant to practice outside
the scope of his or her practice, as specified, thereby imposing a
state-mandated local program. The bill would also establish
a diversion program for the rehabilitation of radiologist assistants
with drug or alcohol problems, and would set forth
other disciplinary provisions and procedures.
This bill would require the committee to adopt regulations
relating to the licensure and certification of radiologist assistants
and approval of supervising radiologists and approved programs by
July 1, 2012, and would require the committee to commence licensure
and certification on that date or as soon as possible thereafter.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 7.75 (commencing with Section 3550) is added to
Division 2 of the Business and Professions Code, to read:
CHAPTER 7.75. RADIOLOGIST ASSISTANTS
Article 1. General Provisions
3550. (a) In its concern with the growing shortage and geographic
maldistribution of medical imaging health care services in
California, the Legislature intends to establish in this chapter a
framework for development of a new category of health manpower
designated as the radiologist assistant.
(b) The purpose of this chapter is to encourage the more effective
utilization of the skills of radiologists by enabling them to
delegate health care tasks to qualified radiologist assistants where
this delegation is consistent with the patient's health and welfare
and with the laws and regulations relating to radiologist assistants.
(c) It is also the intent of this chapter to license radiologist
assistants and radiologist practitioner assistants and to categorize
both groups under the title of radiologist assistant.
(d) This chapter is established to encourage the utilization of
radiologist assistants by radiologists and to provide that existing
legal constraints should not be an unnecessary hindrance to the more
effective use of medical imaging health care services. It is also the
purpose of this chapter to allow for innovative development of
programs for the education, training, and utilization of radiologist
assistants.
3550.1. This chapter shall be known and cited as the Radiologist
Assistant Practice Act.
3550.2. As used in this chapter:
(a) "Approved program" means a radiologist assistant program or a
radiologist practitioner assistant program for the education and
training of radiologist assistants that has been formally approved by
the committee for the licensure of radiologist assistants.
(b) "Board" means the Medical Board of California.
(c) "Committee" means the Radiologist Assistant Committee of the
Medical Board of California.
(d) "Direct supervision" means the supervising radiologist shall
be physically present on the premises and available to the
radiologist assistant when medical services are rendered.
(e) "Medical imaging" means any procedure intended for use in the
diagnosis or treatment of disease or other medical conditions, and
includes, but is not limited to, X-rays, nuclear medicine, and other
procedures, and that excludes echocardiography and diagnostic
sonography.
(f) "Program manager" means the staff manager of the diversion
program, as designated by the executive officer of the committee. The
program manager shall have background experience in dealing with
substance abuse issues.
(g) "Radiologist" means a physician and surgeon licensed by the
board or by the Osteopathic Medical Board of California and certified
by, or board-eligible for, the American Board of Radiology.
(h) "Radiologist assistant" means a person who meets the
requirements of Section 3552.2 and the other requirements of this
chapter.
(i) "Radiology practitioner assistant" means a person who is
certified by the Certification Board for Radiology Practitioner
Assistants.
(j) "Regulations" means the rules and regulations as contained in
the California Code of Regulations.
(k) "Supervising radiologist" means a radiologist who is approved
by the committee as provided in this chapter and who supervises one
or more radiologist assistants.
(l) "Supervision" means that a certified radiologist oversees the
activities of, and accepts responsibility for, the medical services
rendered by a radiologist assistant.
3550.3. (a) Notwithstanding any other provision of law, a
radiologist assistant licensed pursuant to Section 3552.2 may perform
those medical services as set forth by the regulations of the board
when the services are rendered under the direct supervision of a
radiologist who meets the requirements of subdivision (a) of Section
3550.4.
(b) (1) A radiologist assistant and his or her supervising
radiologist shall establish written guidelines for the adequate
supervision of the radiologist assistant. This requirement may be
satisfied by the supervising radiologist adopting protocols for some
or all of the tasks performed by the radiologist assistant.
Radiologist assistants shall not interpret images, make diagnoses, or
prescribe medications or therapies. The protocols adopted pursuant
to this subdivision shall comply with the following requirements:
(A) A protocol governing procedures shall set forth the
information to be provided to the patient, the nature of the consent
to be obtained from the patient, the preparation and technique of the
procedure, supervision of radiologic technologists by the
radiologist assistant in the performance of medical imaging
procedures, and followup care.
(B) Protocols shall be developed by the supervising radiologist or
adopted from, or referenced to, texts or other sources.
(C) Protocols shall be signed and dated by the supervising
radiologist and the radiologist assistant.
(2) Notwithstanding any other provision of law, the board or the
committee may establish other alternative mechanisms for the adequate
supervision of the radiologist assistant.
(c) A radiologist assistant licensed under this chapter may
supervise a radiologic technologist in the performance of medical
imaging procedures using fluoroscopy and is exempted from the
provisions of Section 107110 of the Health and Safety Code and
Section 30463 of Title 17 of the California Code of Regulations.
3550.4. (a) Notwithstanding any other provision of law, a
radiologist assistant licensed by the committee shall be eligible for
employment or supervision by any supervising radiologist who is
approved by the committee. A supervising radiologist shall possess a
current and valid license to practice medicine and may not be on
disciplinary probation for improper use of a radiologist assistant or
subject to a disciplinary condition imposed by the board prohibiting
employment or supervision of a radiologist.
(b) No radiologist shall supervise more than two radiologist
assistants at any one time.
3550.5. (a) Notwithstanding any other provision of law, a
radiologist assistant may perform those medical services permitted
pursuant to Section 3550.3 during any state of war emergency, state
of emergency, or local emergency, as defined in Section 8558 of the
Government Code, and at the request of a responsible federal, state,
or local official or agency, or pursuant to the terms of a mutual aid
operation plan established and approved pursuant to the California
Emergency Services Act (Chapter 7 (commencing with Section 8550) of
Division 1 of Title 2 of the Government Code), regardless of whether
the radiologist assistant's approved supervising radiologist is
available to supervise the radiologist assistant, so long as a
licensed physician and surgeon is available to render the appropriate
supervision. "Appropriate supervision" shall not require the
personal or electronic availability of a supervising physician and
surgeon if that availability is not possible or practical due to the
emergency. The local health officers and their designees, who are
licensed as physicians and surgeons, may act as supervising
physicians and surgeons during emergencies without being subject to
approval by the board.
(b) No responsible official or mutual aid operation plan shall
invoke this section except in the case of an emergency that endangers
the health of individuals. Under no circumstances shall this section
be invoked as the result of a labor dispute or other dispute
concerning collective bargaining.
3550.6. (a) A person licensed under this chapter who in good
faith renders emergency care at the scene of an emergency that occurs
outside both the place and course of that person's employment shall
not be liable for any civil damages as a result of any acts or
omissions by that person in rendering the emergency care.
(b) This section shall not be construed to grant immunity from
civil damages to any person whose conduct in rendering emergency care
is grossly negligent.
(c) In addition to the immunity specified in subdivision (a), the
provisions of Article 17 (commencing with Section 2395) of Chapter 5
shall apply to a person licensed under this chapter when acting
pursuant to delegated authority from an approved supervising
radiologist.
3550.7. No person other than one who has been licensed to
practice as a radiologist assistant shall practice as a radiologist
assistant or in a similar capacity to a radiologist or hold himself
or herself out as a "radiologist assistant."
Article 2. Administration
3551. There is established a Radiologist Assistant Committee of
the Medical Board of California. The committee consists of seven
members.
3551.1. Protection of the public shall be the highest priority
for the Radiologist Assistant Committee of the Medical Board of
California in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with
other interests sought to be promoted, the protection of the public
shall be paramount.
3551.2. (a) The members of the committee shall include a member
of the board, a physician and surgeon representative of a California
medical school who is a radiologist, an educator participating in an
approved program for the education of radiologist assistants, a
radiologist who is not a member of the board, two radiologist
assistants, one of whom is certified as a radiologist assistant by
the American Registry of Radiologic Technologists and one of whom is
certified by the Certification Board for Radiology Practitioner
Assistants, and a public member.
(b) Each member of the committee shall hold office for a term of
four years expiring on January 1, and shall serve until the
appointment and qualification of a successor or until one year shall
have elapsed since the expiration of the term for which the member
was appointed, whichever first occurs. No member shall serve for more
than two consecutive terms. Vacancies shall be filled by appointment
for the unexpired terms.
(c) The Governor shall appoint each of the members of the
committee.
3551.3. The committee shall elect annually a chairperson and a
vice chairperson from among its members.
3551.4. Each member of the committee shall receive a per diem and
expenses as provided in Section 103.
3551.5. The Governor may remove from office any member of the
committee, as provided in Section 106.
3551.6. (a) The committee may convene from time to time as deemed
necessary by the committee.
(b) Notice of each meeting of the committee shall be given at
least two weeks in advance to those persons who and organizations
that express an interest in receiving notification.
(c) The committee shall receive permission of the director to meet
more than six times annually. The director shall approve meetings
that are necessary for the committee to fulfill its legal
responsibilities.
3551.7. It shall be the duty of the committee to do all of the
following:
(a) Establish standards and issue licenses for approved programs.
(b) Make recommendations to the board concerning the scope of
practice for radiologist assistants using the guidance of the
American Society of Radiologic Technologists, the American Registry
of Radiologic Technologists, the American College of Radiology, and
the Certification Board for Radiology Practitioner Assistants.
(c) Make recommendations to the board concerning the formulation
of guidelines for the consideration of applications by radiologists
to supervise radiologist assistants and approval of those
applications.
(d) Require the licensure of radiologist assistant applicants who
meet the requirements of this chapter.
(e) Adopt regulations pursuant to Section 3552.1.
3551.8. The committee may adopt, amend, and repeal regulations as
may be necessary to enable it to carry into effect the provisions of
this chapter; provided, however, that the board shall adopt, amend,
and repeal such regulations as may be necessary to enable it to
implement the provisions of this chapter under its jurisdiction. All
regulations shall be in accordance with, and not inconsistent with,
the provisions of this chapter. All regulations shall be adopted,
amended, or repealed in accordance with the provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.
3551.9. Four members of the committee shall constitute a quorum
for transacting any business. The affirmative vote of a majority of
those present at a meeting of the committee shall be required to
carry any motion.
3552. Except as provided in Sections 159.5 and 2020, the
committee shall employ within the limits of the Radiologist Assistant
Fund all personnel necessary to carry out the provisions of this
chapter, including an executive officer who shall be exempt from
civil service. The board and committee shall make all necessary
expenditures to carry out the provisions of this chapter from the
fund established by Section 3553. The committee may accept
contributions to effect the purposes of this chapter.
Article 3. Licensure and Certification
3552.1. (a) The committee shall adopt regulations consistent with
Sections 3551.7 and 3552.2 for the consideration of applications for
licensure as a radiologist assistant.
(b) The committee shall adopt regulations consistent with Sections
3551.7 and 3552.3 for the certification of approved programs.
(c) The committee shall adopt regulations consistent with Sections
3550.4 and 3551.7 for the approval of supervising radiologists.
(d) The committee shall adopt the regulations described in this
section no later than July 1, 2012.
3552.2. Commencing July 1, 2012, or as soon as possible
thereafter, the committee shall issue under the name of the board a
license to each radiologist assistant applicant who meets all of the
following requirements:
(a) Provides evidence of successful completion of an approved
program.
(b) Is certified as a radiologist assistant by the American
Registry of Radiologic Technologists or as a radiology practitioner
assistant by the Certification Board for Radiology Practitioner
Assistants.
(c) Is licensed certified by the
State Department of Public Health as a diagnostic radiologic
technologist and holds a radiologic technologist fluoroscopy permit.
(d) Is not subject to denial of licensure under Division 1.5
(commencing with Section 475) or Section 3554.
(e) Pays all fees required under Section 3553.1.
3552.3. Commencing July 1, 2012, or as soon as possible
thereafter, the committee shall approve training programs for
radiologist assistants housed in academic institutions accredited by
a regional accrediting organization. The committee may examine and
issue certificates to approved programs that satisfy the requirements
of the regulations described in Section 3552.1.
3552.3.5. Commencing July 1, 2012, or as soon as possible
thereafter, the committee shall issue approvals to supervising
radiologists meeting the requirements of this chapter and the
regulations promulgated hereunder.
3552.4. (a) Every radiologist assistant applicant who has
complied with subdivision (a) of Section 3552.2 and has filed an
application with the committee may, between the date of receipt of
notice that the application is on file and the date of receipt of his
or her license, practice as a radiologist assistant on interim
approval under the supervision of a supervising radiologist. Prior to
practicing under interim approval, applicants shall notify the
committee in writing of any and all supervising radiologists under
whom they will be performing services. If the applicant fails to take
the next succeeding certification examination, fails to pass the
examination, or fails to receive a license, all privileges under this
section shall automatically cease upon written notification sent to
the applicant by the committee.
(b) The applicant shall provide evidence satisfactory to the
committee that an application has been filed and accepted for the
examination and that the organization certifying radiologist
assistants has been requested to verify the applicant's certification
status to the committee in order for the applicant to maintain
interim approval. The applicant shall be deemed to have failed the
examination unless the applicant provides evidence to the committee
within 30 days after scores have been released that he or she has
passed the examination.
3552.5. (a) The committee may issue under the name of the board a
probationary license to a radiologist assistant applicant subject to
terms and conditions, including, but not limited to, any of the
following conditions of probation:
(1) Practice is limited to a supervised, structured environment
where the applicant's activities are supervised by another
radiologist assistant.
(2) Continuing medical or psychiatric treatment.
(3) Ongoing participation in a specified rehabilitation program.
(4) Enrollment in and successful completion of a clinical training
program.
(5) Abstention from the use of alcohol or drugs.
(6) Restrictions against engaging in certain types of medical
services.
(7) Compliance with all provisions of this chapter.
(b) The committee and the board may modify or terminate the terms
and conditions imposed on the probationary license upon receipt of a
petition from the licensee.
(c) Enforcement and monitoring of the probationary conditions
shall be under the jurisdiction of the committee and the board.
(d) These proceedings shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
3552.6. The committee shall keep current, two separate registers,
one for approved supervising radiologists and one for licensed
radiologist assistants. These registers shall show the name of each
licensee, his or her last known address of record, and the date of
his or her approved supervising radiologist and each approval or
licensure, including those persons practicing under interim approval
pursuant to Section 3552.4. Any interested person may obtain a copy
of a register in accordance with the Information Practices Act of
1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4
of Division 3 of the Civil Code) upon application to the committee
together with a sum as may be fixed by the committee, which amount
shall not exceed the cost of the register so furnished.
Article 4. Revenue
3553. Within 10 days after the beginning of each calendar month,
the board shall report to the Controller the amount and source of all
collections made under this chapter and at the same time pay all
those sums into the State Treasury, where they shall be credited to
the Radiologist Assistant Fund, which fund is hereby created. All
money in the fund shall, upon appropriation by the Legislature, be
used to carry out the purpose of this chapter.
3553.1. Fees to be paid by radiologist assistants and supervising
radiologists for licensure, approval, and renewal shall be set by
the committee in an amount sufficient to cover the reasonable and
necessary costs of implementing and administering this chapter.
3553.2. The committee shall report to the appropriate policy and
fiscal committees of each house of the Legislature whenever the board
approves a fee increase pursuant to Section 3553.1.
3553.3. (a) An approval to supervise radiologist assistants shall
expire at 12 midnight on the last day of the birth month of the
radiologist assistant during the second year of a two-year term if
not renewed.
(b) The board shall establish a cyclical renewal program,
including, but not limited to, the establishment of a system of
staggered expiration dates for approvals and a pro rata formula for
the payment of renewal fees by supervising radiologists.
(c) To renew an unexpired approval, the supervising radiologist,
on or before the date of expiration, shall apply for renewal on a
form prescribed by the board and pay the prescribed renewal fee.
3553.4. (a) All radiologist assistant licenses shall expire at 12
midnight of the last day of the birth month of the licensee during
the second year of a two-year term if not renewed.
(b) The committee shall establish by regulation procedures for the
administration of a birth date renewal program, including, but not
limited to, the establishment of a system of staggered license
expiration dates.
(c) To renew an unexpired license, the licensee shall, on or
before the date of expiration of the license, apply for renewal on a
form provided by the committee, accompanied by the prescribed renewal
fee.
3553.5. The committee shall require a licensee to complete
continuing education, as deemed acceptable by the committee, as a
condition of license renewal under Section 3553.4. The committee
shall not require more than 50 hours of continuing education every
two years.
3553.6. (a) A suspended license is subject to expiration and
shall be renewed as provided in this chapter, but that renewal does
not entitle the holder of the license, while it remains suspended and
until it is reinstated, to practice or engage in the activity to
which the license relates, or engage in any other activity or conduct
in violation of the order or judgment by which the license was
suspended.
(b) A revoked license is subject to expiration as provided in this
chapter. If the license is reinstated after expiration, the
licensee, as a condition to reinstatement, shall pay a reinstatement
fee in an amount equal to the renewal fee in effect on the last
preceding regular renewal date before the date on which it is
reinstated.
Article 5. Denial, Suspension, and Revocation
3554. (a) The committee may deny, issue with terms and
conditions, suspend or revoke, or impose probationary conditions upon
a radiologist assistant license after a hearing as required in
Section 3554.1 for unprofessional conduct that includes, but is not
limited to, a violation of this chapter, a violation of the
Radiologic Technology Act, as defined in Section 27 of the Health and
Safety Code, a violation of the applicable regulations adopted by
the committee or the board, or a breach of an ethics rule established
by a recognized national certification organization of radiologist
assistants.
(b) The committee may deny, approve with terms and conditions,
suspend or revoke, or impose probationary conditions upon an approved
program after a hearing as required in Section 3554.1 for a
violation of this chapter or the regulations adopted pursuant to this
chapter.
(c) The committee may deny, approve with terms and conditions,
suspend or revoke, or impose probationary conditions upon an approval
of a supervising radiologist to supervise a radiologist assistant,
after a hearing as required in Section 3554.1, for unprofessional
conduct, which includes, but is not limited to, a violation of this
chapter, a violation of the Medical Practice Act, or a violation of
the regulations adopted by the committee or the board.
(d) Notwithstanding subdivision (c), the board, in conjunction
with an action it has commenced against a radiologist, may order the
suspension or revocation of, or the imposition of probationary
conditions upon, an approval of a supervising radiologist to
supervise a radiologist assistant, after a hearing as required in
Section 3554.1, for unprofessional conduct, which includes, but is
not limited to, a violation of this chapter, a violation of the
Medical Practice Act, or a violation of the regulations adopted by
the committee or the board.
(e) The committee may deny, approve with terms and conditions,
suspend or revoke, or impose probationary conditions upon, a
radiologist assistant license, after a hearing as required in Section
3554.1, for unprofessional conduct that includes, except for good
cause, the knowing failure of a licensee to protect patients by
failing to follow infection control guidelines of the committee,
thereby risking transmission of bloodborne infectious diseases from
licensee to patient, from patient to patient, and from patient to
licensee. In administering this subdivision, the committee shall
consider referencing the standards, regulations, and guidelines of
the State Department of Public Health developed pursuant to Section
1250.11 of the Health and Safety Code and the standards, regulations,
and guidelines pursuant to the California Occupational Safety and
Health Act of 1973 (Part 1 (commencing with Section 6300) of Division
5 of the Labor Code) for preventing the transmission of HIV,
hepatitis B, and other bloodborne pathogens in health care settings.
As necessary, the committee shall consult with the board to encourage
appropriate consistency in the implementation of this subdivision.
The committee shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of bloodborne
infectious diseases.
(f) The committee may order the licensee to pay the costs of
monitoring the probationary conditions imposed on the license.
3554.1. Any proceedings involving the denial, suspension, or
revocation of the application for licensure or the license of a
radiologist assistant, the application for approval or the approval
of a supervising radiologist, or the application for approval or the
approval of an approved program under this chapter shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.
3554.2. The committee may hear any matters filed pursuant to
subdivisions (a) and (b) of Section 3554, or may assign any such
matter to a hearing officer. The board may hear any matters filed
pursuant to subdivision (c) of Section 3554, or may assign any such
matter to a hearing officer. If a matter is heard by the committee or
the board, the hearing officer who presided at the hearing shall be
present during the committee's or board's consideration of the case,
and, if requested, assist and advise the committee or the board.
3554.3. (a) A person whose license or approval has been revoked
or suspended, or who has been placed on probation, may petition the
committee for reinstatement or modification of penalty, including
modification or termination of probation, after a period of not less
than the following minimum periods has elapsed from the effective
date of the decision ordering
that disciplinary action:
(1) At least three years for reinstatement of a license or
approval revoked for unprofessional conduct, except that the
committee may, for good cause shown, specify in a revocation order
that a petition for reinstatement may be filed after two years.
(2) At least two years for early termination of probation of three
years or more.
(3) At least one year for modification of a condition,
reinstatement of a license or approval revoked for mental or physical
illness, or termination of probation of less than three years.
(b) The petition shall state any facts as may be required by the
board. The petition shall be accompanied by at least two verified
recommendations from radiologists licensed either by the board or the
Osteopathic Medical Board of California who have personal knowledge
of the activities of the petitioner since the disciplinary penalty
was imposed.
(c) The petition may be heard by the committee. The committee may
assign the petition to an administrative law judge designated in
Section 11371 of the Government Code. After a hearing on the
petition, the administrative law judge shall provide a proposed
decision to the committee that shall be acted upon in accordance with
the Administrative Procedure Act.
(d) The committee or the administrative law judge hearing the
petition may consider all activities of the petitioner since the
disciplinary action was taken, the offense for which the petitioner
was disciplined, the petitioner's activities during the time the
license or approval was in good standing, and the petitioner's
rehabilitative efforts, general reputation for truth, and
professional ability. The hearing may be continued as the committee
or administrative law judge finds necessary.
(e) The committee or administrative law judge, when hearing a
petition for reinstating a license or approval or modifying a
penalty, may recommend the imposition of any terms and conditions
deemed necessary.
(f) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole. No petition
shall be considered while there is an accusation or petition to
revoke probation pending against the person. The committee may deny,
without a hearing or argument, any petition filed pursuant to this
section within a period of two years from the effective date of the
prior decision following a hearing under this section.
(g) Nothing in this section shall be deemed to alter Sections 822
and 823.
3554.4. A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge of a felony or of any
offense that is substantially related to the qualifications,
functions, or duties of the business or profession to which the
license was issued is deemed to be a conviction within the meaning of
this chapter. The committee may order the license suspended or
revoked, or shall decline to issue a license when the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code allowing the person to
withdraw his or her plea of guilty and to enter a plea of not
guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment.
Article 6. Penalties
3555. Any person who violates Section 3550.3 or 3550.7 shall be
guilty of a misdemeanor punishable by imprisonment in the county jail
not exceeding six months, or by a fine not exceeding one thousand
dollars ($1,000), or by both.
3555.5. Whenever any person has engaged in any act or practice
that constitutes an offense against this chapter, the superior court
of any county, on application of the board, may issue an injunction
or other appropriate order restraining the conduct. Proceedings under
this section shall be governed by Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure. The board
or the committee may commence action in the superior court under the
provisions of this section.
Article 7. Diversion Program
3556. It is the intent of the Legislature that the committee
shall seek ways and means to identify and rehabilitate radiologist
assistants whose competency is impaired due to the abuse of dangerous
drugs or alcohol so that they may be treated and returned to the
practice of radiologist assisting in a manner that will not endanger
the public health and safety.
3556.1. The committee shall establish and administer a diversion
program for the rehabilitation of radiologist assistants whose
competency is impaired due to the abuse of drugs or alcohol. The
committee may contract with any other state agency or a private
organization to perform its duties under this article subject to the
standards set forth in Section 315.
3556.2. Criteria for acceptance into the diversion program shall
include all of the following: (a) the applicant shall be licensed as
a radiologist assistant by the committee and shall be a resident of
California; (b) the applicant shall be found to abuse dangerous drugs
or alcoholic beverages in a manner that may affect his or her
ability to practice medicine safely or competently; (c) the applicant
shall have voluntarily requested admission to the program or shall
be accepted into the program in accordance with terms and conditions
resulting from a disciplinary action; (d) the applicant shall agree
to undertake any medical or psychiatric examination ordered to
evaluate the applicant for participation in the program; (e) the
applicant shall cooperate with the program by providing medical
information, disclosure authorizations, and releases of liability as
may be necessary for participation in the program; and (f) the
applicant shall agree in writing to cooperate with all elements of
the treatment program designed for him or her.
An applicant may be denied participation in the program if the
committee or program manager determines that the applicant will not
substantially benefit from participation in the program or that the
applicant's participation in the program creates too great a risk to
the public health, safety, or welfare.
3556.3. A participant may be terminated from the program for any
of the following reasons: (a) the participant has successfully
completed the treatment program; (b) the participant has failed to
comply with the treatment program designated for him or her; (c) the
participant fails to meet the criteria set forth in Section 3556.2 or
the regulations adopted pursuant to Section 3556.4; or (d) it is
determined that the participant has not substantially benefited from
participation in the program or that his or her continued
participation in the program creates too great a risk to the public
health, safety, or welfare. Whenever an applicant is denied
participation in the program or a participant is terminated from the
program for any reason other than the successful completion of the
program, and it is determined that the continued practice of
radiologist assisting by that individual creates too great a risk to
the public health and safety, that fact shall be reported to the
executive officer of the committee and all documents and information
pertaining to and supporting that conclusion shall be provided to the
executive officer. The matter may be referred for investigation and
disciplinary action by the committee. Each radiologist assistant who
requests participation in a diversion program shall agree to
cooperate with the recovery program designed for him or her. Any
failure to comply with that program may result in termination of
participation in the program.
The committee shall inform each participant in the program of the
procedures followed in the program, of the rights and
responsibilities of a radiologist assistant in the program, and the
possible results of noncompliance with the program.
3556.4. In addition to the criteria and causes set forth in
Section 3556.2, the committee may set forth in its regulations
additional criteria for admission to the program or causes for
termination from the program.
3556.5. All committee records and records of proceedings and
participation of a radiologist assistant in a program shall be
confidential and are not subject to discovery or subpoena.
3556.6. A fee may be charged to participants for participation in
the program.
3556.7. If the committee contracts with any other entity to carry
out this article, the executive officer of the committee shall
review the activities and performance of the contractor on a biennial
basis. As part of this review, the committee shall review files of
participants in the program. However, the names of participants who
entered the program voluntarily shall remain confidential, except
when the review reveals misdiagnosis, case mismanagement, or
noncompliance by the participant.
3556.8. Participation in a diversion program shall not be a
defense to any disciplinary action that may be taken by the
committee. This section does not preclude the committee from
commencing disciplinary action against a radiologist assistant who is
terminated unsuccessfully from the program under this section. That
disciplinary action may not include as evidence any confidential
information.
Article 8. 7. Osteopathic
Radiologist Assistants
3557. (a) Notwithstanding any other provision of law,
radiologists licensed by the Osteopathic Medical Board of California
may use or employ radiologist assistants provided (1) each
radiologist assistant so used or employed is a graduate of an
approved program and is licensed by the committee, and (2) the scope
of practice of the radiologist assistant is the same as that which is
approved by the Medical Board of California or the committee for
radiologist assistants in the same or similar specialty.
(b) Any person who violates subdivision (a) shall be guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
six months, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.