BP BHEAD INT S [atlas:bill]

AN ACT Relating to radiologic technology; amending RCW 18.84.010 and 18.84.040; adding new sections to chapter 18.84 RCW; repealing RCW 18.84.010, 18.84.020, 18.84.030, 18.84.040, 18.84.050, 18.84.070, 18.84.080, 18.84.090, 18.84.100, 18.84.110, 18.84.120, 18.84.130, 18.84.140, 18.84.150, 18.84.160, and 18.84.170; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 18.84.010 and 1991 c 222 s 1 are each amended to read as follows:

It is the intent and purpose of this chapter to protect the public by the ((~~certification and registration~~)) licensing of practitioners of radiological technology. By promoting high standards of professional performance, by requiring professional accountability, ((~~and~~)) by ((~~credentialing~~)) licensing those persons who seek to provide radiological technology under the title of radiological technologists, and by regulating all persons utilizing ionizing radiation on human beings, this chapter identifies those practitioners who have achieved a particular level of competency. Nothing in this chapter shall be construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person ((~~certified~~)) licensed under this chapter.

((The legislature finds and declares that this chapter conforms to the guidelines, terms, and definitions for the credentialing of health or health-related professions specified under chapter 18.120 RCW.))

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of health.

(2) "Secretary" means the secretary of health or the secretary's designee.

(3) "License" means a license granted and issued by the secretary to practice radiologic technology.

(4) "Limited license" means a limited license granted and issued by the secretary to practice radiologic technology.

(5) "Radiation oncologist" means a person licensed under chapter 18.71, 18.57, 18.32, 18.25, or 18.79 RCW who is either certified or eligible for certification in therapeutic radiology by the American board of radiology, or its equivalent, or who is certified in general radiology by the American board of radiology and devotes all professional time to the investigation and management of neoplastic disorders, including teaching that investigation and management.

(6) "Radiation therapy" means the use of ionizing radiation upon a human being for therapeutic purposes.

(7) "Nuclear medicine" means the use of radiopharmaceuticals upon a human being for diagnostic and therapeutic purposes.

(8) "Radiologic technology" means the use of ionizing radiation upon a human being for diagnostic or therapeutic purposes.

(9) "Radiologic technologist" means a person other than a licensed practitioner who practices radiologic technology as a diagnostic radiologic technologist, therapeutic radiologic technologist, or nuclear medicine technologist.

(10) "Diagnostic radiologic technologist" means a person other than a licensed practitioner who actually handles X-ray equipment in the process of applying ionizing radiation on a human being for a diagnostic purpose at the direction of a licensed practitioner.

(11) "Therapeutic radiologic technologist" means a person other than a licensed practitioner who actually handles ionizing radiation in the process of applying radiation on a human being for therapeutic purposes at the direction of a licensed practitioner.

(12) "Nuclear medicine technologist" means a person who prepares and administers radiopharmaceuticals to human beings for diagnostic and therapeutic purposes and who performs in vivo and in vitro detection and measurement of radioactivity for medical purposes at the direction of a licensed practitioner.

(13) "Limited license technician" means a person other than a licensed practitioner, diagnostic radiologic technologist, therapeutic radiologic technologist, or nuclear medicine technologist who handles X-ray equipment in the process of applying ionizing radiation on a human being for diagnostic purposes.

(14) "Supervision" means the act of monitoring the performance of diagnostic X-ray examination through periodic inspection, regardless of whether the supervising licensed practitioner is continuously present during the performance of the diagnostic X-ray technology.

(15) "Approved school of radiologic technology" means a school of radiologic technology approved by a nationally recognized council on medical education or a school that, by the secretary's determination, maintains an equivalent course of study. The school may be operated by a medical or educational institution, for the purpose of providing the requisite clinical experience, and must be affiliated with one or more general hospitals.

NEW SECTION. Sec. 3. (1) After the effective date of this section, a person may not practice radiologic technology or purport to be a radiologic technologist unless the person is licensed in accordance with this chapter or holds a license issued by the secretary.

(2) A person licensed under this chapter may use the title of "licensed radiologic technologist" or the letters "LRT." A person licensed as a radiologic technologist in the therapeutic field may use the title of "licensed radiation therapy technologist" or the letters "LRTT." A person licensed as a nuclear medicine technologist may use the title of "licensed nuclear medicine technologist" or the letters "LNMT." A person holding a limited license as defined in this chapter may use the title "limited license technician" or the letters "LLT."

(3) No person may use a title or an abbreviation of a title that is substantially the same as any title in subsection (2) of this section unless the person is licensed under chapter . . ., Laws of 1998 (this act).

Sec. 4. RCW 18.84.040 and 1994 sp.s. c 9 s 506 are each amended to read as follows:

(1) In addition to any other authority provided by law, the secretary may:

(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;

(b) Set all ((~~registration, certification,~~)) licensing and renewal fees in accordance with RCW 43.70.250;

(d) Evaluate and designate those schools from which graduation will be accepted as proof of an applicant's eligibility to receive a ((~~certificate~~)) license;

(e) Determine whether alternative methods of training are equivalent to formal education, and to establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to receive a ((~~certificate~~)) license; and

(f) Issue a ((~~certificate~~)) license to any applicant who has met the education, training, and conduct requirements for certification((~~; and~~

~~(g) Issue a registration to an applicant who meets the requirement for a registration~~)).

(2) The secretary may hire clerical, administrative, and investigative staff as needed to implement this chapter.

(3) The Uniform Disciplinary Act, chapter 18.130 RCW, governs the issuance and denial of ((~~registrations and certifications, unregistered and uncertified practice,~~)) licenses and the discipline of ((~~registrants and certificants~~)) licensees under this chapter. The secretary is the disciplining authority under this chapter.

(4) The secretary may appoint ((ad hoc members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary.)) an advisory committee to implement the provisions of chapter . . ., Laws of 1998 (this act). The committee shall be composed of at least five members, one member initially appointed for a term of one year, two members for a term of two years, and two members for a term of three years. Subsequent appointments must be for terms of three years. No person may serve as a member of the committee for more than two consecutive terms. Members of the advisory committee must be residents of this state. The committee shall be composed of three individuals licensed under this chapter, one member who is a radiologist, and one member who represents the public at large and is unaffiliated directly or indirectly with radiologic technology. The radiologist member must be licensed under chapter 18.71, 18.57, 18.32, or 18.25 RCW and must be certified by a national board of radiology as determined by the secretary.

(a) If there is a vacancy on the advisory committee, the secretary shall appoint a person to serve for the remainder of the unexpired term.

(b) The advisory committee shall meet at the times and places designated by the secretary to provide advice on matters specifically identified and requested by the secretary. The committee may elect a chair and a vice-chair. A majority of the members currently serving constitutes a quorum.

(c) The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060.

NEW SECTION. Sec. 5. This chapter does not apply to the following persons:

(1) A student actively enrolled in an approved school of radiologic technology while practicing radiologic technology under the supervision of an instructor who is either a radiologist or a licensed radiologic technologist;

(2) A person who is operating bone densitometry equipment for diagnostic purposes under the supervision of a radiologist, if the person operates the equipment for those purposes under the direction of a radiologist;

(3) A person who operates dental X-ray equipment for the sole purpose of oral radiography;

(4) A licensed health care practitioner operating X-ray equipment, when performing services within the lawful scope of the practitioner's license, including:

(a) A physician or physician assistant licensed under chapter 18.71 or 18.71A RCW;

(b) An osteopathic physician or surgeon or osteopathic physician assistant licensed under chapter 18.57 or 18.57A RCW;

(d) A dentist licensed under chapter 18.32 RCW;

(e) A chiropractor licensed under chapter 18.25 RCW;

(f) A registered nurse, advanced registered nurse practitioner, or practical nurse licensed under chapter 18.79 RCW; or

(g) A radiologist licensed under chapter 18.71, 18.57, 18.32, or 18.25 RCW and certified by a national board of radiology or by a national osteopathic board of radiology as determined by the secretary.

NEW SECTION. Sec. 6. (1)(a) A person licensed, or issued a limited permit, to practice radiologic technology, therapeutic radiologic technology, or nuclear medicine technology in this state may renew the license or permit with the secretary of health and pay a renewal fee determined by the secretary as provided in RCW 43.70.250. Failure to register and pay the annual renewal fee renders the license or limited permit invalid, but the license or limited permit may be reinstated upon written application to the secretary, payment of a penalty fee determined by the secretary as provided in RCW 43.70.250, and payment of delinquent biennial license or limited permit renewal fees.

(b) Any person who fails to renew the license or limited permit for a period of three years is not entitled to renew the license under this section and must file an original application in accordance with this chapter, along with the requisite fee, to obtain a license or limited permit to practice radiologic technology, therapeutic radiologic technology, or nuclear medicine technology in this state. The secretary may permit the applicant to be licensed or issued a limited permit without examination if the secretary is satisfied that the applicant meets all the requirements for licensure in this state and is competent to engage in the practice of radiologic technology, therapeutic radiologic technology, or nuclear medicine technology.

(2) The secretary may establish rules governing mandatory continuing competency requirements which must be met by technologists and technicians applying for renewal of licenses or limited permits to show completion of education pertinent to the subject area of radiologic technology for which the license or permit was issued.

NEW SECTION. Sec. 7. To obtain a license as a nuclear medicine technologist, an applicant must:

(1) Be currently certified by a recognized national professional program in nuclear medicine approved by the secretary; or

(2) Be currently certified by a nuclear medicine technology program approved by the secretary; or

(3) Have completed a course of study in an approved program of nuclear medicine technology and, according to the standards adopted by the secretary, pass an appropriate examination, as developed and approved by the secretary.

NEW SECTION. Sec. 8. To obtain a license as a radiologic technologist in the diagnostic field, an applicant must:

(1) Be currently certified by a recognized national program in X-ray technology approved by the secretary; or

(2) Have completed a course of study in an approved program of radiologic technology and, according to the standards adopted by the secretary, pass an appropriate examination, as determined by the secretary.

NEW SECTION. Sec. 9. To obtain a license as a radiologic technologist in the therapeutic field, an applicant must:

(1) Be currently certified by a recognized national program in radiation therapy approved by the secretary; or

(2) Have completed a course in radiation therapy in an approved program of radiologic technology and pass an appropriate examination, as determined by the secretary; or

(3) Meet the qualifications for a license as a radiologic technologist in the diagnostic field, have completed at least two years of full-time experience in radiation therapy under the direction of a radiation oncologist, and pass an appropriate examination, as determined by the secretary.

NEW SECTION. Sec. 10. (1) The secretary may conduct one or more examinations each year at times and places determined by the secretary.

(2) An applicant who fails to pass an examination may take additional examinations as scheduled by the secretary.

(3) If an applicant fails an examination three times, the department shall order the applicant to cease performing radiologic technology examinations on human beings.

NEW SECTION. Sec. 11. An applicant holding a license to practice radiologic technology in another state may be licensed in this state without examination if the secretary determines that the other state's licensing standards are substantially equivalent to the standards in this state.

NEW SECTION. Sec. 12. (1) The secretary shall issue to an applicant a limited license to practice in a limited area of radiologic technology if the applicant meets the requirements for a limited license as provided in this section. The limited license must state the category or categories for which the applicant has demonstrated competence and must be limited to the categories listed in (a) through (g) of this subsection or as established by the secretary by rule:

(a) Upper extremities;

(b) Pelvis or lower extremities, or both;

(d) Spine;

(e) Head, not including tomography;

(f) Abdomen, not including fluoroscopy or contrast studies; or

(g) Foot and ankle for podiatry use.

(2) An applicant for a limited license shall:

(a) Make an application in writing;

(b) Pay an application fee set by rule by the secretary;

(d) Have successfully passed a course of instruction in radiation use and safety consisting of at least forty hours of instruction approved by rule by the secretary, with the instructor certifying on a form provided by the secretary that the applicant has completed the requirements;

(e) Have successfully completed a course of instruction approved by the secretary and taught by a licensed radiologic technologist in clinical practice specific to each category for which the applicant seeks a limited license, with the instructor certifying on a form provided by the secretary that the applicant has completed the course in those categories applied for; and

(f) Have successfully completed a practical experience program approved by rule by the secretary, specific to each category for which the applicant seeks a limited license.

(3) A person issued a limited license shall notify the secretary in writing of the name of each licensed practitioner supervising the permittee's performance of diagnostic X-ray technology and shall perform diagnostic X-ray technology only while being directed by a licensed practitioner. If the permittee is later supervised by a licensed practitioner other than the person whose name was initially furnished to the secretary, the permittee shall immediately notify the secretary in writing on forms provided by the secretary.

NEW SECTION. Sec. 13. (1) The secretary may, without examination, issue a temporary license to a graduate of, or a student enrolled in, an approved school of radiologic technology upon application and payment of a registration fee, set by rule by the secretary, if the person practices as a diagnostic radiologic technologist, nuclear medicine technologist, or therapeutic radiologic technologist, under the supervision of a licensed practitioner. A temporary license is valid for a period of six months, and the secretary may renew the temporary license for an additional six-month period.

(2) The secretary may, without examination, issue a temporary license to a person upon application and payment of a registration fee, set by rule by the secretary, if the person practices diagnostic radiologic technology under the direction of a licensed practitioner, and if the person is enrolled in a course of instruction in radiation use and safety approved by the secretary. A temporary license is valid for three months, and the secretary may not renew the permit except as provided under subsection (1) of this section.

NEW SECTION. Sec. 14. (1) A person who is certified under this chapter on the effective date of this section may continue to practice as a current license holder for the purposes of this chapter. The person may receive a license upon application or at the time of the expiration of the certificate or registration, using the renewal procedures set forth under this chapter.

(2) A person who is registered under this chapter on the effective date of this section may continue as a limited license holder for the purpose of this chapter. A person who is classified as a limited license holder under this chapter has a period of two years from the effective date of this section to provide documentation of education as set forth in section 12 of this act. If documentation is not provided, the secretary shall deny the renewal request and the applicant may not practice radiologic technology. The applicant may reapply for a limited license as set forth in section 12 of this act.

NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:

(1) RCW 18.84.010 and 1991 c 222 s 1 & 1987 c 412 s 1;

(2) RCW 18.84.020 and 1994 sp.s. c 9 s 505, 1991 c 222 s 2, 1991 c 3 s 204, & 1987 c 412 s 3;

(3) RCW 18.84.030 and 1991 c 222 s 3 & 1987 c 412 s 2;

(4) RCW 18.84.040 and 1994 sp.s. c 9 s 506, 1991 c 222 s 11, 1991 c 3 s 205, & 1987 c 412 s 5;

(5) RCW 18.84.050 and 1991 c 3 s 206 & 1987 c 412 s 6;

(6) RCW 18.84.070 and 1994 sp.s. c 9 s 507, 1991 c 3 s 208, & 1987 c 412 s 8;

(7) RCW 18.84.080 and 1991 c 3 s 209 & 1987 c 412 s 9;

(8) RCW 18.84.090 and 1994 sp.s. c 9 s 508, 1991 c 3 s 210, & 1987 c 412 s 10;

(9) RCW 18.84.100 and 1996 c 191 s 71, 1991 c 3 s 211, & 1987 c 412 s 11;

(10) RCW 18.84.110 and 1996 c 191 s 72, 1994 sp.s. c 9 s 509, 1991 c 3 s 212, & 1987 c 412 s 12;

(11) RCW 18.84.120 and 1996 c 191 s 73 & 1991 c 222 s 4;

(12) RCW 18.84.130 and 1991 c 222 s 5;

(13) RCW 18.84.140 and 1991 c 222 s 6;

(14) RCW 18.84.150 and 1991 c 222 s 7;

(15) RCW 18.84.160 and 1991 c 222 s 8; and

(16) RCW 18.84.170 and 1991 c 222 s 10.

NEW SECTION. Sec. 16. This act takes effect October 1, 1999.

NEW SECTION. Sec. 17. Sections 2, 3, and 5 through 14 of this act are each added to chapter 18.84 RCW.