Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1092

Introduced by Assembly Member Mullin

February 27, 2015

An act to begin delete amend Section 114870 of end delete begin insert add Article 5.7 (commencing with Section 107120) to Chapter 4 of Part 1 of Division 104 of end insert the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1092, as amended, Mullin. begin delete Public health: radiologic end delete begin insert Magnetic resonance imaging end insert technologists.

Existing law provides for the certification and regulation of radiologic technologists by the State Department of Public Health. Existing law authorizes the department to adopt regulations to implement those provisions, as specified. Existing law authorizes the department to charge a fee for a certificate issued under those provisions. Existing law requires a fee collected under those provisions to be deposited into the Radiation Control Fund, subject to appropriation by the Legislature. A violation of those provisions is a crime.

This bill would begin delete make technical, nonsubstantive changes to that provision. end delete begin insert provide for the licensure of Magnetic Resonance Imaging (MRI) technologists and would make it a misdemeanor to operate a magnetic resonance imaging machine in this state without a license, except as provided. The bill would authorize a person licensed pursuant to these provisions to use the title Licensed MRI Technologist (LMRIT) and would make it a misdemeanor to use that title without a license. By creating new crimes, this bill would impose a state-mandated local program. end insert

begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Article 5.7 (commencing with Section 107120) is
added to Chapter 4 of Part 1 of Division 104 of the end insert begin insert Health and
Safety Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 5.7. end insert   Magnetic Resonance Imaging Technologists

 

begin insert 107120. end insert   

(a) A person shall not operate a magnetic resonance
imaging machine in this state without a license issued pursuant
to this article. Violation of this provision is a misdemeanor.

(b) This section does not apply to any of the following:

(1) A licentiate of the healing arts.

(2) Students in an approved school for MRI technologists or
other licentiates of the healing arts where the instructor is a
licensed MRI technologist.

(3) A person employed by an agency of the United States
government while performing the duties of that employment.

begin insert 107121. end insert   

For purposes of this article, the following definitions
shall apply:

(a) “Department” means the State Department of Public Health.

(b) “MRI” means magnetic resonance imaging.

(c) “MRI technologist” means a person who operates MRI
equipment to produce cross sectional images of a patient’s body
for diagnostic purposes.

begin insert 107122. end insert   

(a) The department shall license a person as an MRI
technologist who fulfills all of the following requirements:

(1) Completes and turns in to the department an application for
licensure on a form prescribed by the department.

(2) Pays the fee required for licensure as specified in subdivision
(c).

(3) Is certified by either the American Registry of Magnetic
Resonance Imaging Technologists (ARMRIT) or the American
Registry of Radiologic Technologists - MRI specialty (ARRT).

(b) A license as an MRI technologist is effective for one year
and may be renewed annually pursuant to a process prescribed
by the department.

(c) The department shall set a fee for initial licensure and
renewal of an MRI technologist license at an amount no greater
than the amount reasonably sufficient to cover the administrative
costs of the licensing program.

begin insert 107123. end insert   

A person licensed pursuant to this article may use the
title Licensed MRI Technologist (LMRIT). Any other person using
that designation shall be guilty of a misdemeanor.

begin insert 107124. end insert   

A license as an MRI technologist may be denied,
revoked, or suspended by the department for any of the following
reasons:

(a) Habitual intemperance in the use of alcoholic beverages,
narcotics, or stimulants to the extent that the person is
incapacitated for the performance of his or her professional duties.

(b) Incompetence or gross negligence in performing MRI
technologist functions.

(c) Conviction of practicing one of the healing arts without a
license in violation of Chapter 5 (commencing with Section 2000)
of Division 2 of the Business and Professions Code.

(d) Procuring a license by fraud, misrepresentation, or mistake.

(e) Use of the title of Licensed MRI Technologist by one not
entitled to that use.

(f) Nonpayment of fees pursuant to subdivision (c) of Section
107122.

(g) (1) Conviction, either within the state or elsewhere, of a
misdemeanor or felony involving moral turpitude, that was
committed during the performance of MRI technologist duties. A
plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge is deemed a conviction for this
purpose.

(2) Upon the recommendation, of either the court that imposed
or suspended sentence or the parole or probation authority having
jurisdiction of the person, that the person has responded to the
correctional and rehabilitative process to a degree that might
warrant waiver of the provisions of this subdivision, the department
may, at its discretion, take no action pursuant to this subdivision.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 114870 of the Health and Safety Code
is amended to read:

114870.  

The department shall do all of the following:

(a) Upon recommendation of the committee, adopt regulations
as may be necessary to accomplish the purposes of this chapter.

(b) (1) Provide for the certification of radiologic technologists,
without limitation as to procedures or areas of application, except
as provided in Section 106980. Separate certificates shall be
provided for diagnostic radiologic technology, for mammographic
radiologic technology, and for therapeutic radiologic technology.
If a person has received accreditation to perform mammography
from a private accreditation organization, the department shall
consider this accreditation when deciding to issue a mammographic
radiologic technology certificate.

(2) Provide, upon recommendation of the committee, that a
radiologic technologist who operates digital radiography equipment
devote a portion of his or her continuing education credit hours to
continuing education in digital radiologic technology.

(c) (1) (A) Provide, as may be deemed appropriate, for issuing
limited permits to persons to conduct radiologic technology limited
to the performance of certain procedures or the application of
X-rays to specific areas of the human body, except for
mammography, prescribe minimum standards of training and
experience for these persons, and prescribe procedures for
examining applicants for limited permits. The minimum standards
shall include a requirement that persons issued limited permits
under this subdivision shall meet those fundamental requirements
in basic radiological health training and knowledge similar to those
required for persons certified under subdivision (b) as the
department determines are reasonably necessary for the protection
of the health and safety of the public.

(B) Provide that an applicant for approval as a limited permit
X-ray technician in the categories of chest radiography, extremities
radiography, gastrointestinal radiography, genitourinary
radiography, leg-podiatric radiography, skull radiography, and
torso-skeletal radiography, as these categories are defined in
Section 30443 of Title 17 of the California Code of Regulations,
shall have at least 50 hours of education in radiological protection
and safety. The department may allocate these hours as it deems
appropriate.

(2) Provide that a limited permit X-ray technician in the
categories of chest radiography, extremities radiography,
gastrointestinal radiography, genitourinary radiography,
leg-podiatric radiography, skull radiography, and torso-skeletal
radiography, as these categories are defined in Section 30443 of
Title 17 of the California Code of Regulations, may perform digital
radiography within their respective scopes of practice after
completion of 20 hours or more of instruction in digital radiologic
technology approved by the department. This requirement shall
not be construed to preclude limited permit X-ray technicians in
the categories of dental laboratory radiography and X-ray bone
densitometry from performing digital radiography upon meeting
the educational requirements determined by the department.

(3) Provide, upon recommendation of the committee, that a
limited permit X-ray technician who has completed the initial
instruction described in paragraph (2) devote a portion of his or
her required continuing education credit hours to additional
continuing instruction in digital radiologic technology.

(d) Provide for the approval of schools for radiologic
technologists. Schools for radiologic technologists shall include
20 hours of approved instruction in digital radiography. The
department may exempt a school from this requirement as it deems
appropriate.

(e) Provide, upon recommendation of the committee, for
certification of licentiates of the healing arts to supervise the
operation of X-ray machines or to operate X-ray machines, or both,
prescribe minimum standards of training and experience for these
licentiates of the healing arts, and prescribe procedures for
examining applicants for certification. This certification may limit
the use of X-rays to certain X-ray procedures and the application
of X-rays to specific areas of the human body.

(f) (1) Provide for certification of any physician and surgeon
to operate, and supervise the operation of, a bone densitometer, if
that physician and surgeon provides the department a certificate
that evidences training in the use of a bone densitometer by a
representative of a bone densitometer machine manufacturer, or
through any radiologic technology school. The certification shall
be valid for the particular bone densitometer the physician and
surgeon was trained to use, and for any other bone densitometer
that meets all of the criteria specified in subparagraphs (A) to (C),
inclusive, if the physician and surgeon has completed training, as
specified in subparagraph (A) of paragraph (2), for the use of that
bone densitometer. The physician and surgeon shall, upon request
of the department, provide evidence of training, pursuant to
subparagraph (A) of paragraph (2), for the use of any bone
densitometer used by the physician and surgeon. The activity
covered by the certificate shall be limited to the use of an X-ray
bone densitometer to which all of the following is applicable:

(A) The bone densitometer does not require user intervention
for calibration.

(B) The bone densitometer does not provide an image for
diagnosis.

(C) The bone densitometer is used only to estimate bone density
of the heel, wrist, or finger of the patient.

(2) The certificate shall be accompanied by a copy of the
curriculum covered by the manufacturer’s representative or
radiologic technology school. The curriculum shall include, at a
minimum, instruction in all of the following areas:

(A) Procedures for operation of the bone densitometer by the
physician and surgeon, and for the supervision of the operation of
the bone densitometer by other persons, including procedures for
quality assurance of the bone densitometer.

(B) Proper radiation protection of the operator, the patient, and
third parties in proximity to the bone densitometer.

(C) Provisions of Article 5 (commencing with Section 106955)
of Chapter 4 of Part 1 of Division 104.

(D) Provisions of Chapter 6 (commencing with Section 114840)
of Part 9 of Division 104.

(E) Provisions of Group 1 (commencing with Section 30100)
of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.

(F) Provisions of Group 1.5 (commencing with Section 30108)
of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.

(G) Provisions of Article 1 (commencing with Section 30250)
of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17
of the California Code of Regulations.

(H) Provisions of Article 2 (commencing with Section 30254)
of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17
of the California Code of Regulations.

(I) Provisions of Article 3 (commencing with Section 30265)
of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17
of the California Code of Regulations.

(J) Provisions of Article 4 (commencing with Section 30305)
of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17
of the California Code of Regulations.

(K) Provisions of Subchapter 4.5 (commencing with Section
30400) of Chapter 5 of Division 1 of Title 17 of the California
Code of Regulations.

(3) (A) Notwithstanding any other provision of law, this
subdivision shall constitute all the requirements that must be met
by a physician and surgeon in order to operate, and supervise the
operation of, a bone densitometer. The department may adopt
regulations consistent with this section in order to administer the
certification requirements.

(B) No person may be supervised by a physician and surgeon
in the use of a bone densitometer unless that person possesses the
necessary license or permit required by the department.

(C) Nothing in this subdivision shall affect the requirements
imposed by the committee or the department for the registration
of a bone densitometer machine, or for the inspection of facilities
in which any bone densitometer machine is operated.

(D) This subdivision shall not apply to a licentiate of the healing
arts who is certified pursuant to subdivision (e) or pursuant to
Section 107111.

(E) The department shall charge a fee for a certificate issued
pursuant to this subdivision to the extent necessary to administer
certification. The fee shall be in an amount sufficient to cover the
department’s costs of implementing this subdivision and shall not
exceed the fee for certification to operate or supervise the operation
of an X-ray machine pursuant to subdivision (e). The fees collected
pursuant to this subparagraph shall be deposited into the Radiation
Control Fund established pursuant to Section 114980.

(g) Upon recommendation of the committee, exempt from
certification requirements those licentiates of the healing arts who
have successfully completed formal courses in schools certified
by the department and who have successfully passed a
roentgenology technology and radiation protection examination
approved by the department and administered by the board that
issued his or her license.

end delete