BILL ANALYSIS
SB 1332
Page 1
Date of Hearing: June 29, 2010
ASSEMBLY COMMITTEE ON HEALTH
William W. Monning, Chair
SB 1332 (Dutton) - As Amended: June 23, 2010
SENATE VOTE : 35-0
SUBJECT : Radiologic technology.
SUMMARY : Requires a diagnostic or therapeutic radiologic
technology school that has been recognized by the Joint Review
Committee on Education in Radiologic Technology (JRCERT) for an
Accredited Educational Program in Radiography (AEPR) to be
approved as a diagnostic or therapeutic radiologic technology
school, upon meeting specified requirements. Allows a school
that is in the process of obtaining recognition by JRCERT to be
provisionally approved and provided a conditional permit.
Contains an urgency clause that declares the provisions of this
bill to take effect immediately upon enactment. Specifically,
this bill :
1)In addition to the existing Department of Public Health (DPH)
approval process, requires a diagnostic or therapeutic
radiologic technology school that has been recognized by
JRCERT as meeting either the Standards for an Accredited
Educational Program in Radiologic Sciences, revised in 2001,
or the Standards for an AEPR (Standards), as adopted April
2010, to be approved as a diagnostic or therapeutic radiologic
technology school, upon the school's furnishing verification
to DPH of current satisfactory JRCERT certification to DPH.
2)Requires DPH to post JRCERT standards on its Internet Web site
and requires this bill to be implemented only if the
Standards:
a) Are available to DPH and schools free of charge and
accessible on DPH's Internet Web site or through a link to
the standards; and,
b) Are consistent with federal and state health privacy
laws, DPH has an agreement with JRCERT to provide access to
school accreditation materials, allegation of noncompliance
by a school, and program reviews performed on California
schools.
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3)Requires a diagnostic or therapeutic radiologic technology
school that is in the process of obtaining recognition by
JRCERT and meets Standards to be provisionally approved and
provided a conditional permit, provided all of the following
conditions are met:
a) The school's instructors all hold either a certificate
in radiologic technology, as specified, or a licentiate's
certificate or permit, as specified;
b) All use of X-ray machines by the school's students or
instructors, including all machines used at the school's
affiliated clinical sites are in compliance with the
State's Radiologic Control Law, including registration
requirements;
c) All clinical sites used by the school have an
affiliation agreement with the school; and,
d) The school has a radiation protection program in place
that meets specified standards for protection against
radiation.
4)Prohibits anything in this bill from being construed to
prevent a diagnostic or therapeutic radiologic technology
school that is not accredited by JRCERT from being approved by
DPH.
5)Requires DPH, before approving a school, under the provisions
of this bill, to adopt the JRCERT accreditation standards
through a modified rulemaking process, under which DPH is
required to post the standards on its website, solicit public
comment, and conduct a public hearing if one is requested.
Applies the same requirements to updates to the standards.
6)Permits the approval of a diagnostic or therapeutic radiologic
technology school, as specified, including specified
provisional approval, to be revoked, suspended, limited, or
conditioned by DPH for the following reasons:
a) Violation of a specified provision of the Radiologic
Technology Act, or violation of any provision of the
Radiation Control Law or its regulations; or,
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b) Nonpayment of specified permit fees.
7)Prohibits anything in this bill from being construed to limit
or abridge DPH's authority to inspect diagnostic or radiologic
technology schools or their clinical sites.
8)Requires a diagnostic or therapeutic radiologic technology
school, approved pursuant to this bill, to provide DPH with
written notice of any JRCERT action revoking, suspending,
conditioning, or denying a school's JRCERT accreditation
within 10 days of the JRCERT action.
9)Requires proceedings to revoke, suspend, limit, or condition
school approvals, as specified, to be conducted in accordance
with specified Administration Adjudication procedures.
10)Sunsets the provisions of this bill on January 1, 2015.
EXISTING LAW :
1)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.
2)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 DPHt finds that it would provide the same
protection to the public as statute and regulations pertaining
to radiologic technologists.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)PURPOSE OF THIS BILL . According to the author, this bill will
establish a process for DPH to formally recognize radiologic
technology schools that are accredited by JRCERT, which will
create two pathways for radiologic technology schools to be
recognized by the state. The author states that this bill
simply continues what DPH has been doing for the past 14
years, which is approving radiologic technology schools that
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have JRCERT accreditation. According to the author, this bill
will provide certainty as well as ensure that the public is
still being protected by using the more current JRCERT
standards, rather than the DPH's regulations, which were
established in 1985. This bill does this while not
interfering with DPH's ability to move forward with updating
the current regulations.
2)BACKGROUND . Under the Radiologic Technology Act, DPH approves
schools 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, DPH approved JRCERT as an acceptable
accreditation body for radiologic technologist training
schools. In 2006, DPH identified several inconsistencies
between the JRCERT accreditation process and DPH's
regulations, including JRCERT's 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 JRCERT's 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. The letter further 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 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. Based on a
February 18, 2010 letter from the chair of the Subcommittee on
Minimum Standards for the Education of Radiologic
Technologists of California that is investigating the
delegation of the school approval process to third-party
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accreditation organizations, JRCERT is attempting to address
DPH's concerns about its process for handling allegations of
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 DPH's preference for process-based
training standards over competency-based standards.
3)JRCERT CERTIFICATION . According to its Web site, JRCERT is a
not-for-profit organization that sets standards for the
education of professionals in the radiologic sciences and
evaluates educational programs against those standards. JRCERT
is the only accrediting agency recognized by the United States
Department of Education that focuses solely on the evaluation
of programs in radiography, radiation therapy and medical
dosimetry. All Radiologic Technology Programs, including
programs in California, fall under the jurisdiction of the
national standards created by JRCERT, which bases its
standards on the educational curriculum created and identified
by the American Registry of Radiologic Technologists and the
American Society of Radiologic Technologists. JRCERT's
standards are designed to promote excellence in education and
enhance the quality and safety of patient care. Additionally,
JRCERT mandates that all accredited Radiologic Technology
Programs conduct timely assessment on student learning based
outcomes.
4)SUPPORT . According to the California Community Colleges, this
bill will ensure that DPH approves schools that meet JRCERT
standards, which have been accepted in lieu of DPH's
regulations for more than a decade. Supporters state that
current regulations that describe the curriculum requirements
for the Radiologic Technology programs are outdated and are
not outcomes-based. Instead, they require a specified number
of hours, repetition of activities, and program areas that are
no longer used. According to supporters, this bill will
ensure that the radiological technology programs that comply
with JRCERT continue without the disruption that occurred in
2007, when DPH acted to enforce the regulations. Supporters
state that this bill will place reasonable requirements that
are nationally recognized into statute, which will ensure that
radiologic technology programs are not put at risk.
5)PREVIOUS LEGISLATION . AB 17 (Emmerson) of 2007 would have,
until January 1, 2012, required DPH, when approving a school
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for radiologic technologists, to approve a school that it
determines has met the requirements in a specified document
published by the JRCERT. AB 17 was amended in Senate Business
and Professions Committee but was not set for hearing.
6)URGENCY CLAUSE . This measure contains an urgency clause and
the provisions will take effect immediately upon enactment.
REGISTERED SUPPORT / OPPOSITION :
Support
Bakersfield College
Cabrillo College
California Community Colleges
California Radiological Society
California Society of Radiologic Technologists
California State University
California State University, Northridge
Canada College
Chaffey College
Charles Drew University of Medicine and Science
City College of San Francisco, Radiologic Sciences Department
City of Hope School of Radiation Therapy
Community College League of California
Fresno City College
Joint Review Committee on Education in Radiologic Technology
Merced Community College District
Moorpark College
Pima Medical Institute's Radiologic Technology Program
Yuba Community College District
Opposition
None on file.
Analysis Prepared by : Martin Radosevich / HEALTH / (916)
319-2097