BILL NUMBER: SB 1332 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2010
AMENDED IN SENATE APRIL 6, 2010
INTRODUCED BY Senator Dutton
FEBRUARY 19, 2010
An act to add Section 107046 to the Health and Safety Code,
relating to radiologic technology, and declaring the urgency thereof,
to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1332, as amended, Dutton. Radiologic technology.
Existing law requires the State Department of Public Health to
approve schools for radiologic technologists that, in the judgment of
the department, will provide instruction adequate to prepare
individuals to meet requirements for certification as radiologic
technologists under the Radiologic Technology Act. Existing law also
requires the department to adopt reasonable standards for approved
schools, for procedures for obtaining and maintaining approval, and
for revocation of approval where standards are not maintained.
Existing law authorizes the department, when approving a school
for radiologic technologists, to take into consideration
accreditation, approval, or certification of the school by other
agencies or organizations if the department finds that accreditation,
approval, or certification was granted on the basis of standards
that will afford the same protection to the public as the standards
provided by the Radiologic Technology Act or the regulations adopted
pursuant thereto.
This bill would require the department, subject to specified
conditions, when approving a school for
that teaches diagnostic or therapeutic radiologic
technologists programs , to approve a school
that it determines has met the requirements in a specified document
published by the Joint Review Committee on Education in Radiologic
Technology. The bill would also require the department to adopt
the standards through a specified process before approving
schools.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) State regulations and standards on the teaching of radiologic
technologists and accreditation of radiologic technology schools are
outdated and may not offer adequate protection to the public.
(b) Radiologic technology schools should be allowed to continue
teaching students as long as they are accredited by an agency
recognized by the federal Department of Education to accredit
education programs in radiography and radiation therapy.
(c) The standards, curriculum requirements, and teaching methods
prescribed in the Standards for an Accredited Education
Educational Program in Radiologic Sciences,
as revised in 2001, published by the Joint Review
Committee on Education in Radiologic Technology are
have been determined to afford the same
protections to the public as provided by California law and
regulations.
(d) Implementation of this act will not require regulations
because, during the last 10 years, the department has, in lieu of
developing a department accreditation process, approved the
radiologic technology program accredited by the Joint Review
Committee on Education in Radiologic Technology.
(e)
(d) This act is not intended to limit the ability of
the State Department of Public Health to review and inspect materials
provided by schools for accreditation under the Joint Review
Committee on Education in Radiologic Technology program.
(f)
(e) This act is not intended to limit the ability of
the State Department of Public Health to inspect teaching site
locations or other documents with respect to the state
licensing regulation of equipment or training
personnel.
SEC. 2. Section 107046 is added to the Health and Safety Code, to
read:
107046. Notwithstanding any other law (a)
In addition to Sections 107045 and 107050
, the department shall approve schools for radiologic
technologists that meet the Standards for an Accredited
Education Educational Program in Radiologic
Sciences, published by the Joint Review Committee on Education in
Radiologic Technology, as they exist on January 1, 2010.
(b) This section shall only apply to schools teaching diagnostic
or therapeutic radiologic programs.
(c) This section shall only be implemented if both of the
following are complete:
(1) The standards set forth in subdivision (a) are available to
schools free of charge and accessible on the department's Internet
Web site or through a link to the standards.
(2) To the extent permitted by federal and state health privacy
laws, the department has an agreement with the Joint Review Committee
on Education in Radiologic Technology to provide access to the
following information:
(A) School accreditation materials.
(B) Allegation of noncompliance by a school.
(C) Program reviews performed on schools located in California.
(d) Before approving a school pursuant to this section, the
department shall adopt the standards referred to in subdivision (a).
At least 45 days prior to adoption, the department shall post the
proposed standards on its Internet Web site. Public comment shall be
accepted by the department for at least 30 days after the proposed
standards are posted. If a member of the public requests a public
hearing during the 30-day review period, the hearing shall be held
prior to adoption of the standards. Changes to the standards shall be
made following the same process. Adoption of, and changes to, the
standards pursuant to this subdivision shall not be subject to the
rulemaking requirements of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code and
written responses to public comment shall not be required.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect the health and safety of patients and to
enable radiologic technology schools to accept students in programs
for the 2010-11 fall semester, it is necessary for this act to take
effect immediately.