BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1332|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1332
Author: Dutton (R)
Amended: 5/11/10
Vote: 27 - Urgency
SENATE HEALTH COMMITTEE : 9-0, 5/5/10
AYES: Alquist, Strickland, Aanestad, Cedillo, Cox, Leno,
Negrete McLeod, Pavley, Romero
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Radiologic technology
SOURCE : Author
DIGEST : Requires, until January 1, 2015, the Department
of Public Health to approve schools for radiologic
technologists that meet the Standards for an Accredited
Educational Program in Radiologic Sciences, as published by
the Joint Review Committee on Education in Radiologic
Technology, subject to certain conditions, and pursuant to
a modified rulemaking process.
ANALYSIS :
Existing law
1. Provides for the certification of radiologic
technologists by the Department of Public Health (DPH),
including separate certificates for diagnostic
CONTINUED
SB 1332
Page
2
radiologic technology, fluoroscopic radiologic
technology, mammographic radiologic technology, and
therapeutic radiologic technology.
2. Requires DPH to prescribe minimum qualifications for
granting of permits and certificates in radiologic
technology as well as continuing education requirements
for holders of these permits and certificates.
3. Requires each applicant for certification as a
radiologic technologist to submit evidence satisfactory
to the department that he/she has satisfactorily
completed a course in an approved school for radiologic
technologists, or has completed a course of study and
training in radiologic technology that, in the opinion
of DPH, is equivalent to the minimum requirements of a
course in an approved school for radiologic
technologists.
4. Requires DPH to approve schools for radiologic
technologists that, in the judgment of DPH, will provide
instruction adequate to prepare individuals to meet
requirements for certification as radiologic
technologists and to provide for reasonable standards
for approved schools, as specified.
5. Allows DPH, when approving a school for radiologic
technologists, to take into consideration accreditation,
approval, or certification of the school by other
agencies or organizations, if DPH finds that it provides
the same protection to the public as statute and
regulations pertaining to radiologic technologists.
This bill:
1. Requires DPH, until January 1, 2015, to approve schools
for radiologic technologists that meet the Standards for
an Accredited Educational Program in Radiologic
Sciences, published by the Joint Review Committee on
Education in Radiologic Technology (JRCERT), as they
exist on January 1, 2010.
2. Limits this requirement to schools that teach diagnostic
or therapeutic radiologic programs.
SB 1332
Page
3
3. Provides that the requirement that DPH approve schools
for radiologic technologists that meet JRCERT
accreditation standards shall only be implemented if the
standards are available to schools free of charge and
accessible, as specified, and DPH has an agreement with
JRCERT, to the extent consistent with federal and state
health privacy laws, and with its pursuant authority, to
provide DPH with access to school accreditation
materials, allegations of noncompliance by schools, and
program reviews, as specified.
4. Requires DPH, before approving a school, to adopt the
JRCERT accreditation standards through a modified
rulemaking process, under which DPH will be required to
post the standards on its website, solicit public
comment, and conduct a public hearing if one is
requested. This applies the same requirements to
updates to the standards.
5. Makes findings that the state's regulations and
standards for the teaching of radiologic technologists,
and accreditation of radiologic technology schools, are
outdated, and that the standards and requirements
prescribed by the JRCERT have been determined to afford
the same protections to the public as those provided by
California law and regulations.
6. Expresses intent that the bill is not intended to limit
the ability of DPH to review and inspect materials
provided by schools for accreditation under the JRCERT,
or to limit the ability of DPH to inspect the teaching
site locations or other documents with respect to state
licensing of equipment or training personnel.
7. States that this will remain in effect only until
January 1, 2015, and as of that date is repealed, unless
a later enacted statute, that is enacted before January
1,2015, deletes or extends that date.
Background
DPH process for approving radiologic technologist schools .
Under the Radiologic Technology Act, DPH approves schools
SB 1332
Page
4
that train radiologic technologists. The Act allows DPH to
approve schools that are accredited, approved, or certified
by other agencies or organizations, if DPH finds that the
accreditation, approval, or certification standards provide
the same protection to the public as statute and
regulations. In 1996, the department DPH's approved JRCERT
as an acceptable accreditation body for radiologic
technologist training schools.
In 2006, DPH identified several inconsistencies between the
JRCERT accreditation process and the department's
regulations, including JRCERTs emphasis on competency-based
as opposed to process-based training, and its standards for
clinical education, inspection frequency, and investigation
of allegations and complaints. In an effort to update its
regulations and to further examine JRCERTs accreditation
standards, DPH's Radiologic Technology Certification
Committee in 2007 established two subcommittees to provide
advice on current radiologic technology school
requirements, and a third subcommittee to advise DPH on the
delegation of school approval process to third party
accreditation organizations.
In August 2007, DPH sent a letter to approved radiologic
technologist schools, which notes that the current
regulations for radiologic technologist school approval
have not been revised for many years, and states that DPH
remains committed to reviewing the existing regulatory
requirements for approved schools, recognizing third-party
accreditation, and promulgating regulatory revisions as
needed. The letter also states that DPH will, until
January 1, 2011, or until revised regulations are
promulgated, consider JRCERT accreditation as sufficient to
meet California's requirements for radiologic technology
schools. This bill continues that policy beyond January 1,
2011. DPH has recently indicated that it could be 2014
before it updates its regulations concerning approved
radiologic technologist training schools.
Based on a February 18, 2010 letter from the chair of the
subcommittee that is investigating the delegation of the
school approval process to third-party accreditation
organizations, JRCERT is attempting to address DPHs
concerns about its process for handling allegations of
SB 1332
Page
5
noncompliance by schools and the frequency of program
reviews. Both the JRCERT and the subcommittee charged with
investigating the delegation of the school approval process
continue to disagree with DPHs preference for process-based
training standards over competency-based standards.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/21/10)
Arrowhead Regional Medical Center School of Radiologic
Technology
Board of Governors, California Community Colleges
California Radiological Society
California Society of Radiologic Technologists
California State University
Ca?ada College
City College of San Francisco
City of Hope School of Radiation Therapy
Community College League of California
Joint Review Committee on Radiologic Technology
Moorpark College
CTW:do 5/24/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****