AB 1092, as amended, Mullin. Magnetic resonance imaging technologists.
begin insertExisting law provides for the licensure and regulation of various healing arts practitioners by boards within the Department of Consumer Affairs. Existing law also provides for the certification and regulation of radiologic technologists by the State Department of Public Health.
end insertbegin insertThis bill would provide for the registration of magnetic resonance imaging (MRI) technologists, as defined, with the State Department of Public Health. The bill would authorize the department to issue a citation and civil penalty to a person acting as an MRI technologist without being registered. The bill would require the department to maintain an official roster of registered MRI technologists, and would authorize the department to impose fees on a registrant in an amount reasonably sufficient to cover the administrative costs of the registration program.
end insertExisting 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.
end deleteThis bill would 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 deleteThe 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 deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertChapter 3.5 (commencing with Section 1400) is
2added to Division 2 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert, to read:end insert
3
For purposes of this chapter, the following definitions
7apply:
8(a) “Department” means the State Department of Public Health.
9(b) “MRI” means magnetic resonance imaging.
10(c) “MRI technologist” means a person who operates MRI
11equipment to produce cross-sectional images of a patient’s body
12for diagnostic purposes.
A person shall not hold himself or herself out as an MRI
2technologist without registering with the department pursuant to
3this chapter.
(a) The department shall maintain an official roster of
5registered MRI technologists, and shall record all of the following
6information:
7(1) The location, employer, and supervisor of each MRI
8technologist.
9(2) A description of the practice of each MRI technologist,
10including the services provided.
11(3) Any certification possessed by the MRI technologist, if
12applicable.
13(b) The department may impose a fee for the registration of an
14MRI technologist in an amount that is no greater than the amount
15reasonably sufficient to cover the administrative costs
of the
16registration program.
A registered MRI technologist shall report to the
18department any accident, within 30 days of its occurrence, that
19resulted in injury or death to a patient, damage to the property of
20a patient, or damage to the MRI equipment.
The department may issue a citation to a person if he or
22she is acting in the capacity of, or engaging in the practice of, an
23MRI technologist without being registered with the department.
24The citation shall contain an order of abatement and an assessment
25of a civil penalty in an amount not less than two hundred dollars
26($200) nor more than one thousand dollars ($1,000).
This chapter does not authorize an MRI technologist to
28practice medicine, surgery, or any other form of healing.
Article 5.7 (commencing with Section 107120)
30is added to Chapter 4 of Part 1 of Division 104 of the Health and
31Safety Code, to read:
32
(a) A person shall not operate a magnetic resonance
36imaging machine in this state without a license issued pursuant to
37this article. Violation of this provision is a misdemeanor.
38(b) This section does not apply to any of the following:
39(1) A licentiate of the healing arts.
P4 1(2) Students in an approved school for MRI technologists or
2other licentiates of the healing arts where the instructor is a licensed
3MRI technologist.
4(3) A person employed by an agency of the United States
5government
while performing the duties of that employment.
For purposes of this article, the following definitions
7shall apply:
8(a) “Department” means the State Department of Public Health.
9(b) “MRI” means magnetic resonance imaging.
10(c) “MRI technologist” means a person who operates MRI
11equipment to produce cross sectional images of a patient’s body
12for diagnostic purposes.
(a) The department shall license a person as an MRI
14technologist who fulfills all of the following requirements:
15(1) Completes and turns in to the department an application for
16licensure on a form prescribed by the department.
17(2) Pays the fee required for licensure as specified in subdivision
18(c).
19(3) Is certified by either the American Registry of Magnetic
20Resonance Imaging Technologists (ARMRIT) or the American
21Registry of Radiologic Technologists - MRI specialty (ARRT).
22(b) A
license as an MRI technologist is effective for one year
23and may be renewed annually pursuant to a process prescribed by
24the department.
25(c) The department shall set a fee for initial licensure and
26renewal of an MRI technologist license at an amount no greater
27than the amount reasonably sufficient to cover the administrative
28costs of the licensing program.
A person licensed pursuant to this article may use the
30title Licensed MRI Technologist (LMRIT). Any other person using
31that designation shall be guilty of a misdemeanor.
A license as an MRI technologist may be denied,
33revoked, or suspended by the department for any of the following
34reasons:
35(a) Habitual intemperance in the use of alcoholic beverages,
36narcotics, or stimulants to the extent that the person is incapacitated
37for the performance of his or her professional duties.
38(b) Incompetence or gross negligence in performing MRI
39technologist functions.
P5 1(c) Conviction of practicing one of the healing arts without a
2license in violation of Chapter 5 (commencing with Section 2000)
3of Division 2 of the Business and Professions
Code.
4(d) Procuring a license by fraud, misrepresentation, or mistake.
5(e) Use of the title of Licensed MRI Technologist by one not
6entitled to that use.
7(f) Nonpayment of fees pursuant to subdivision (c) of Section
8107122.
9(g) (1) Conviction, either within the state or elsewhere, of a
10misdemeanor or felony involving moral turpitude, that was
11committed during the performance of MRI technologist duties. A
12plea or verdict of guilty or a conviction following a plea of nolo
13contendere made to a charge is deemed a conviction for this
14purpose.
15(2) Upon the recommendation, of
either the court that imposed
16or suspended sentence or the parole or probation authority having
17jurisdiction of the person, that the person has responded to the
18correctional and rehabilitative process to a degree that might
19warrant waiver of the provisions of this subdivision, the department
20may, at its discretion, take no action pursuant to this subdivision.
No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.
O
97