HB 598-FN - AS INTRODUCED
1999 SESSION
HOUSE BILL 598-FN
AN ACT relative to the licensure of x-ray technicians.
COMMITTEE: Executive Departments and Administration
This bill requires the licensure of x-ray technicians, which shall be administered by the department of health and human services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
99-0462
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT relative to the licensure of x-ray technicians.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; X-ray Technicians. Amend RSA by inserting after chapter 328-G the following new chapter:
CHAPTER 328-H
328-H:1 Definitions. In this chapter:
I. "Commissioner" means the commissioner of the department of health and human services.
II. "Department" means the department of health and human services.
III. "Medical x-ray system" means an x-ray system designed for the irradiation of any part of the human body for diagnostic or therapeutic purposes.
IV. "X-ray technician" means a person who operates a medical x-ray system.
328-H:2 License Required; Qualifications; Fees.
I. No person shall operate a medical x-ray system unless the person has obtained from the commissioner a license as a x-ray technician pursuant to this chapter and paid a fee as determined in rules. The annual license renewal fee for each x-ray technician shall be $50, which shall be deposited into the general fund.
II. Each person seeking licensure as a x-ray technician shall make application on forms prescribed by the department and present to the department satisfactory evidence that the person has completed a satisfactory course of study in x-ray technology and that the person has passed an examination prescribed by the department.
III. A person practicing as an x-ray technician on the effective date of this chapter may continue to practice, provided the person passes the examination required in paragraph II within 3 years, pursuant to rules adopted by the commissioner under RSA 541-A.
IV. No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this or any other state or territory.
328-H:3 Practice of Licensees.
I. A person licensed under this chapter may operate a medical x-ray system under the supervision and upon the written order of a physician licensed pursuant to RSA 329, a chiropractor licensed pursuant to RSA 316-A, a naturopath licensed pursuant to RSA 328-E, a podiatrist licensed pursuant to RSA 315, a dentist licensed pursuant to RSA 317-A, or a veterinarian licensed pursuant to RSA 332-B.
II. No person shall use the title "x-ray technician" unless the person holds a license issued in accordance with this chapter.
328-H:4 Disciplinary Action.
I. The commissioner may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed under this chapter has committed misconduct under paragraph II and which specifies the grounds for the misconduct.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Any unprofessional conduct or dishonorable conduct, unworthy of and affecting the practice of the profession.
(d) Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this chapter.
(f) Mental or physical incapacity to practice under this chapter, as established by an independent medical or psychiatric evaluation.
(g) Willful or repeated violation of the provisions of this chapter.
(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated.
III.(a) The commissioner may take disciplinary action in any one or more of the following ways:
(1) By public or private reprimand.
(2) By suspension, limitation, or restriction of license.
(3) By revocation of license.
(4) By assessing administrative fines in amounts established by the commissioner which shall not exceed $2000 per offense, or in the case of a continuing offense, $250 for each day the violation continues.
(b) Disciplinary action taken under this paragraph may be ordered by the commissioner in a decision made after a hearing in the manner provided by the rules adopted by the commissioner and reviewed in accordance with RSA 541.
(c) No person licensed under this chapter shall continue to practice as an x-ray technician while the person's license is suspended or revoked.
328-H:5 Hearings. The commissioner shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the commissioner, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the commissioner within 3 months of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the commissioner shall be given to both parties to the proceeding upon their issuance.
328-H:6 Exemptions.
I. Nothing in this chapter shall be construed to require licensure as an x-ray technician or to limit the activities of a physician licensed pursuant to RSA 329, a chiropractor licensed pursuant to RSA 316-A, a naturopath licensed pursuant to RSA 328-E, a podiatrist licensed pursuant to RSA 315, a dentist licensed pursuant to RSA 317-A, or a veterinarian licensed pursuant to RSA 332-B.
328-H:7 Rulemaking. The commissioner shall adopt rules, under RSA 541-A, relative to:
I. License application forms, procedures for examinations of applicants, and procedures for license renewal.
II. Fees required by this chapter.
III. The scope of practice of x-ray technicians.
IV. Establishing and enforcing ethical and professional standards to be met by each licensee, including the supervision of licensees.
V. Procedures for hearings for disciplinary actions under RSA 328-H:4, including the requirements for assessing, collecting and compromising administrative fines.
VI. Other matters necessary for the proper administration of this chapter.
328-H:8 Penalties. It shall be a class B misdemeanor for any person to violate the provisions of this chapter.
2 Effective Date. This act shall take effect July 1, 1999.
LBAO
99-0462
2/4/99
HB 598-FN - FISCAL NOTE
AN ACT relative to the licensure of x-ray technicians.
FISCAL IMPACT:
The Department of Health and Human Services states this bill will increase state expenditures by $75,513 in FY 200, $70,976 in FY 2001, $58,136 in FY 2002, and $62,684 in FY 2003. State revenue will increase by $187,500 in FY 2000, $127,500 in FY 2001, $127,500 in FY 2002, and $127,500 in FY 2003. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department assumes there are approximately 2,500 radiographers and radiologic technicians who would be licensed under this legislation. This includes approximately 100 new applications and 2,400 renewals annually. The initial application fee will be $75 and renewals will be $50. Approximately 1,000 exams averaging $30 per exam will be purchased under contract in FY 2000, 500 in FY 2001 and 50 each year thereafter. A full-time Program Specialist III, labor grade 22, plus ½ full-time equivalent Word Processor Operator I, labor grade 8, will be needed for rulemaking, issuance of licenses, procedural and other administrative services. Current expenses will include printing rules, applications and certificates, postage and office supplies. Office furniture and equipment will be required in the first year and some travel funds will be needed for informational meetings. The following shows state expenditures by fiscal year:
FY 2000 FY 2001 FY 2002 FY 2003
Community & Public Health
Salary $29,412 $40,902 $42,617 $46,157
Benefits 7,601 10,574 11,019 12,027
Current Expenses 34,000 18,500 3,500 3,500
Equipment 3,000 0 0 0
Travel 1,500 1,000 1,000 1,000
Total Expenses $75,513 $70,976 $58,136 $62,684