BILL NUMBER: AB 352 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2011
AMENDED IN ASSEMBLY MARCH 25, 2011
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
supervision of a qualified physician and surgeon, as defined. The
bill would establish the Radiologist Assistant Committee
Advisory Council of the Medical Board of
California for purposes of implementing the act, the 7
members of which would be appointed by the Governor
and require the council to make recommendations to the board
concerning the establishment of standards and issuance of approval of
programs for radiologist assistants . 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 board , as
specified. The bill would require a radiologist assistant to pay a
licensure fee to be set by the committee
board 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 set
forth disciplinary provisions and procedures.
This bill would require the committee
board to adopt regulations relating to the licensure of
radiologist assistants and certification of approved programs by July
1, 2012 2013 , and would require the
committee board 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 or other qualified
physician and surgeons 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 or other qualified
physician and surgeons 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 board for the licensure
of radiologist assistants.
(b) "Board" means the Medical Board of California.
(c) "Committee" "Council"
means the Radiologist Assistant Committee
Advisory Council of the Medical Board of California.
(d) "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.
(e) "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.
(f)
(e) "Qualified physician and surgeon" means a
radiologist or another physician and surgeon supervising a
radiologist assistant within his or her specialty or usual and
customary practice. A qualified physician and surgeon shall either
hold, or be exempt from holding, an operator supervisor permit
pursuant to the Radiologic Technology Act, as defined in Section 27
of the Health and Safety Code, for ionizing radiation, fluoroscopy,
or the use and handling of nuclear medicine material, as appropriate
for procedures that are being supervised.
(g)
(f) "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)
(g) "Radiologist assistant" means a person who meets
the requirements of Section 3552.2 and the other requirements of this
chapter.
(i)
(h) "Radiology practitioner assistant" means a person
who is certified by the Certification Board for Radiology
Practitioner Assistants.
(j)
(i) "Regulations" means the rules and regulations as
contained in the California Code of Regulations.
(k)
(j) "Supervision" means the qualified physician and
surgeon is physically present on the premises and available to the
radiologist assistant when medical services are rendered and oversees
the activities of, and accepts responsibility for, the medical
services rendered by the 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 supervision of a qualified
physician and surgeon who meets the requirements of subdivision (a)
of Section 3550.4. Those medical services performed by a
radiologist assistant shall include, but not be lim ited
to, obtaining patient consent prior to beginning an examination or
procedure and obtaining medical imaging necessary for diagnosis and
providing initial observations to the qualified physician and
surgeon.
(b) (1) A radiologist assistant and his or her qualified physician
and surgeon shall establish written guidelines for the adequate
supervision of the radiologist assistant. This requirement may be
satisfied by the qualified physician and surgeon 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 qualified physician and
surgeon or adopted from, or referenced to, texts or other sources.
(C) Protocols shall be signed and dated by the qualified physician
and surgeon and the radiologist assistant.
(D) Protocols shall be available at each practice site.
(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
board shall be eligible for employment or supervision by
any qualified physician and surgeon, as defined in subdivision
(f) (e) of Section 3550.2. A qualified
physician and surgeon 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 assistant.
(b) No qualified physician and surgeon 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 qualified physician and surgeon 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 qualified 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 qualified physicians
and surgeons during emergencies.
(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 a qualified physician and
surgeon.
3550.7. 3550.6. 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 Advisory Council of the Medical Board
of California. The committee consists of seven members.
The board shall create and appoint the council
consisting of qualified physician and surgeon licensees of the board
in good standing, who are not required to be members of the board,
and members of the public who have an interest in radiologist
assistant practice. At least one-half of the council
members shall be radiologist assistants certified by the American
Registry of Radiologic Technologists or radiology practitioner
assistants certified by the Certification Board for Radiology
Practitioner Assistants. The council shall make recommendations on
matters specified by the board and pursuant to Section 3551.7.
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 council may convene from time to time
as deemed necessary by the committee board
.
(b) 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
council to do all of the following:
(a) Establish standards and issue licenses for approved
Make recommendations to the board concerning the
establishment of standards and issuance of approval for
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) Require the licensure of radiologist assistant applicants who
meet the requirements of this chapter.
(d)
(c) Adopt regulations pursuant to Section 3552.1.
3551.8. The committee board 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 board 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
board may accept contributions to effect the purposes of
this chapter.
Article 3. Licensure and Certification
3552.1. (a) The committee board
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 board shall adopt
regulations consistent with Sections 3551.7 and 3552.3 for the
certification of approved programs.
(c) The committee board shall adopt
the regulations described in this section no later than July 1,
2012 2013 .
3552.2. Commencing July 1, 2012 2013
, or as soon as possible thereafter, the committee
board 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 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 2013
, or as soon as possible thereafter, the committee
board shall approve training programs
for radiologist assistants housed in academic institutions accredited
by a regional accrediting organization. The committee may
recognize the approval of training programs for radiologist
assistants approved by a national accrediting organization.
Radiologist assistant training programs accredited by a national
accrediting agency approved by the board shall be deemed approved by
the board under this section. If no national accrediting organization
is approved by the board, the board may examine and pass upon the
qualification of, and may issue certificates of approval for,
programs for the education and training of radiologist assistants
that meet the board standards. The board may examine and issue
certificates to approved programs that satisfy the requirements of
the regulations described in adopted pursuant
to Section 3552.1.
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 qualified physician and surgeon.
Prior to practicing under interim approval, applicants shall notify
the committee in writing of any and all qualified physicians and
surgeons 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
3552.4. The applicant shall provide
evidence satisfactory to the committee board
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 board 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 board
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 a register of licensed
radiologist assistants. This register shall show the name of each
licensee and his or her last known address of record, including those
persons practicing under interim approval pursuant to Section
3552.4. Any interested person may obtain a copy of the 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 for
licensure application, licensure, and renewal
shall be set by the committee board in
an amount sufficient to cover the reasonable and necessary costs of
implementing and administering this chapter.
3553.2. The committee board 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.
3553.4. (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 board 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 board ,
accompanied by the prescribed renewal fee.
3553.5. The committee board shall
require a licensee to complete continuing education, as deemed
acceptable by the committee board , as
a condition of license renewal under Section 3553.4. The
committee board 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 board 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 described under Section 2234, 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 board 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, 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.
(d)
(c) The committee board
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 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 board 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 has been revoked or suspended,
or who has been placed on probation, may petition the
committee board 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 revoked
for unprofessional conduct, except that the committee
board 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 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 qualified
physician and surgeons 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
board . The committee board
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 board that
shall be acted upon in accordance with the Administrative Procedure
Act.
(d) The committee board 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 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 board or administrative law
judge finds necessary.
(e) The committee board or
administrative law judge, when hearing a petition for reinstating a
license 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
board 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 board 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
3550.6 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. Osteopathic Radiologist Assistants
3557. (a) Notwithstanding any other provision of law, qualified
physicians and surgeons 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
board , 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.