PRINTER'S NO. 2412
No. 1902 Session of 1987
INTRODUCED BY G. SNYDER, BOOK, MAYERNIK, SAURMAN, SEMMEL,
BARLEY, JOHNSON, DORR, MICHLOVIC, GEIST, BORTNER, FOSTER AND
B. SMITH, OCTOBER 28, 1987
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
OCTOBER 28, 1987
AN ACT
1 Amending the act of October 5, 1978 (P.L.1109, No.261), entitled
2 "An act requiring the licensing of practitioners of
3 osteopathic medicine and surgery; regulating their practice;
4 providing for certain funds and penalties for violations and
5 repeals," providing for examinations and limited permits
6 authorizing the performance of radiologic procedures.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 16.4 of the act of October 5, 1978
10 (P.L.1109, No.261), known as the Osteopathic Medical Practice
11 Act, amended May 6, 1987 (P.L.10, No.3), is amended to read:
12 Section 16.4. Radiologic procedures; qualification and permits.
13 (a) On and after January 1, 1989, no auxiliary personnel may
14 perform radiologic procedures on the premises of an osteopathic
15 physician, unless such person is under the direct supervision of
16 an osteopathic physician, and unless the auxiliary personnel
17 meets the requirements of this section and the osteopathic
18 physician delegates the performance of radiologic procedures in
19 compliance with this act.
1 [(a) On and after January 1, 1988, no] (b) No auxiliary
2 personnel shall perform radiologic procedures on the premises of
3 an osteopathic physician unless such person is under the direct
4 supervision of an osteopathic physician and unless such person
5 has passed an examination approved by the board and administered
6 in accordance with section 812.1 of the act of April 9, 1929
7 (P.L.177, No.175), known as "The Administrative Code of 1929,"
8 provided that no such auxiliary personnel shall perform
9 radiologic procedures for therapeutic purposes unless the
10 osteopathic physician under whose direct supervision such
11 auxiliary personnel is acting is on the premises at the time the
12 radiologic procedures are performed.
13 (c) A limited permit authorizing the performance of
14 radiologic procedures shall be issued by the board to applicants
15 who demonstrate qualifications required by this section. The
16 limited permit shall list each radiologic procedure which the
17 holder of the permit is authorized to perform. The board shall
18 promulgate regulations establishing biennial renewal and fees
19 necessary to implement this section.
20 (d) The board may issue a permit without examination for the
21 purpose of performing diagnostic radiographs to an applicant
22 who:
23 (1) Is licensed as a health care practitioner in this
24 Commonwealth, and who submits evidence satisfactory to the
25 board that he or she has been performing diagnostic
26 radiographs on the premises of a medical doctor for not less
27 than eight years.
28 (2) Has successfully completed a course of study in
29 diagnostic radiologic procedures and who submits evidence
30 satisfactory to the board that he or she has been performing
19870H1902B2412 - 2 -
1 such procedures on the premises of a medical doctor for not
2 less than ten years.
3 [(b)] (e) The board shall [have the authority, after notice
4 and hearing, to prohibit] suspend, revoke or otherwise restrict
5 a permit issued to an auxiliary personnel [from performing
6 radiologic procedures] if the continued performance of
7 radiologic procedures by the auxiliary personnel is determined
8 by the board to pose a threat to the health, safety or welfare
9 of the public, or if the auxiliary personnel performs radiologic
10 procedures which he or she is not authorized to perform.
11 [(c)] (f) It shall be unlawful under this act to knowingly
12 permit radiologic procedures to be performed in violation of
13 this section or in violation of the regulations promulgated or
14 orders issued in accordance with this section.
15 [(d)] (g) No auxiliary personnel who has or obtains a
16 license, a certificate or registration issued by, or on behalf
17 of, a board within the Bureau of Professional and Occupational
18 Affairs or a comparable board of another state, or who has
19 obtained certification as the result of satisfactory completion
20 of a test and an educational course accredited by an accrediting
21 body recognized by the board, shall be required to undergo any
22 additional education or testing pursuant to this section if
23 radiologic procedures were included in the education or the
24 examination which he or she was required to complete
25 successfully in order to be eligible for such license,
26 certificate, registration or certification.
27 [(e)] (h) Definition.--As used in this section, the term
28 "radiologic procedures" means the use of ionizing radiation for
29 diagnostic or therapeutic purposes.
30 Section 2. The act of May 6, 1987 (P.L.12, No.4), entitled
19870H1902B2412 - 3 -
1 "An act relating to the performance of radiologic procedures by
2 auxiliary personnel; postponing the effective date of certain
3 provisions of law relating to such personnel; requiring certain
4 actions by the Commissioner of Professional and Occupational
5 Affairs and professional licensing boards; and transferring the
6 authority for certification and education of such personnel
7 under certain conditions," is repealed insofar as it is
8 inconsistent with this act.
9 Section 3. This act shall be retroactive to May 6, 1987.
10 Section 4. This act shall take effect immediately.
J19L63RDG/19870H1902B2412 - 4 -