2002 SESSION

02-3020

10/01

SENATE BILL 390

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill requires the licensure of radiologic technologists, which shall be administered by the board of radiologic technologists.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02-3020

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Radiologic Technologists. Amend RSA by inserting after chapter 328-G the following new chapter:

CHAPTER 328-H

RADIOLOGIC TECHNOLOGISTS

328-H:1 Definitions. In this chapter:

I. "ARRT" means the American Registry of Radiologic Technologists.

II. "Board" means the board of radiologic technologists.

III. "Diagnostic imaging" means a medical x-ray, magnetic resonance, tomography, sonography, fluoroscopy, or other, system, used for diagnostic or therapeutic purposes. Diagnostic imaging may be further defined in rules adopted by the board pursuant to RSA 541-A.

IV. "Radiologic technologist" means a health care professional who performs diagnostic imaging examinations.

328-H:2 Board Established.

I. There shall be a board of radiologic technologists consisting of the following members:

(a) Five persons appointed by the governor with the advice and consent of the council:

(1) Two radiologic technologists, who shall be licensed under this chapter.

(2) A radiologist licensed under RSA 329.

(3) Two public members, who shall not be, nor ever have been, a member of the radiologic technologist profession nor have or have had a material, financial interest in either the provision of radiological services or an activity directly related to diagnostic imaging systems, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.

(b) The commissioner of the department of health and human services.

(c) The manager of the radiologic health program under RSA 125-F.

II. Appointed board members shall have been residents of this state for at least one year immediately preceding appointment.

III. The initial board members shall be appointed within 6 months of the effective date of this chapter. The initial chairperson shall be elected from among the board members no later than the second meeting of the board.

IV. The terms of office shall be 3 years for all appointed board members, except that the initial term of one radiologic technologist appointee shall be 2 years and the initial term of one public member appointee shall be one year. A member may be removed from office by the governor and council for malfeasance, misfeasance, or dishonorable conduct.

V. There shall be no monetary liability on the part of, and no cause of action shall arise against, the members of the board, or personnel of the board, for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter.

328-H:3 License Required; Qualifications; Fees; Temporary Licenses.

I. No person shall operate a diagnostic imaging system unless the person has obtained from the board a license under to this chapter.

II. Each person seeking licensure as a radiologic technologist shall make application on forms prescribed by the board, pay an application fee, and present to the board satisfactory evidence that:

(a) The person has completed a course of study in radiologic technology in a program accredited by the Committee on Allied Health Education and Accreditation of the American Medical Association or its successor organization, or a course of study deemed equivalent to such accredited program by the ARRT; and

(b) The person has passed an examination prescribed by the board and administered by the ARRT.

III. Any person may be issued a temporary license to operate a diagnostic imaging system who presents evidence to the commissioner that:

(a) The person has practiced as a radiologic technologist for 3 years out of the 5 years preceding the effective date of this chapter, provided the person passes an examination as required for licensure under subparagraph II(b) within 3 years from date of the issuance of the temporary license; or

(b) The person is a graduate of a course of study approved pursuant to subparagraph II(a) and requests temporary licensure pending the results of the first examination for licensure scheduled following graduation, provided such graduate is working in a hospital or similar organization where adequate supervision is provided.

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:4 Practice of Licensees.

I. A person licensed under this chapter may operate a diagnostic imaging 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 "radiologic technologist" unless the person holds a license issued in accordance with this chapter.

328-H:5 Disciplinary Action.

I. The board may undertake disciplinary proceedings:

(a) Upon its own initiative; or

(b) Upon written complaint of any person which charges that a person licensed by the board 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 board 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 board 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 board in a decision made after a hearing in the manner provided by the rules adopted by the board and reviewed in accordance with RSA 541.

(c) No person licensed under this chapter shall continue to practice as a radiologic technologist while the person's license is suspended or revoked.

328-H:6 Hearings. The board 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 board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board 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 board shall be given to both parties to the proceeding upon their issuance.

328-H:7 Exemptions.

I. Nothing in this chapter shall be construed to require licensure as a radiologic technologist 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 or dental hygienist licensed pursuant to RSA 317-A, or a veterinarian licensed pursuant to RSA 332-B.

II. Nothing in this chapter shall be construed to require licensure as a radiologic technologist or to limit the activities of a dental assistant under RSA 317-A provided that such dental assistant is engaged in the taking of dental x-rays under the general supervision of a dentist.

III. No provision of this chapter shall be construed to prohibit students enrolled in a course of study in radiologic technology in a program accredited by the Committee on Allied Health Education and Accreditation of the American Medical Association or its successor organization from performing such work as is incidental to their course of study.

328-H:8 Rulemaking. The board shall adopt rules, under RSA 541-A, relative to:

I. Application forms and procedures for examinations of applicants.

II. The temporary licensure of persons under RSA 328-H:3, III.

III. Procedures for license renewal.

IV. The further definition of diagnostic imaging and the scope of practice of radiologic technologists.

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:5, including the requirements for assessing, collecting and compromising administrative fines.

VI. The establishment of all fees authorized by the chapter.

328-H:9 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, 2002.

LBAO

02-3020

1/24/02

SB 390 FISCAL NOTE

FISCAL IMPACT:

METHODOLOGY: