PRIOR PRINTER'S NO. 310 PRINTER'S NO. 691
No. 286 Session of 1987
INTRODUCED BY LLOYD, LINTON, VROON AND MILLER, FEBRUARY 10, 1987
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 9, 1987
AN ACT
1 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
4 certain actions by the Commissioner of Professional and
5 Occupational Affairs and professional licensing boards; and
6 transferring the authority for certification and education of
7 such personnel under certain conditions.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Postponement.
11 The restrictions on the performance of radiologic procedures
12 by auxiliary personnel in the offices of medical doctors,
13 osteopathic physicians, podiatrists and dentists scheduled by
14 section 11.4 of the act of May 1, 1933 (P.L.216, No.76), known
15 as The Dental Law, section 21.2 of the act of March 2, 1956
16 (1955 P.L.1206, No.375), known as the Podiatry Practice Act,
17 section 16.4 of the act of October 5, 1978 (P.L.1109, No.261),
18 known as the Osteopathic Medical Practice Act, and section 45 of
19 the act of December 20, 1985 (P.L.457, No.112), known as the
20 Medical Practice Act of 1985, to become applicable beginning on
1 January 1, 1987, shall not become applicable until January 1,
2 1988.
3 Section 2. Reports.
4 Beginning 30 days after the effective date of this act and
5 every 30 days thereafter until such restrictions have been
6 implemented, the Commissioner of Professional and Occupational
7 Affairs shall report in writing to the Professional Licensure
8 Committee of the House of Representatives and the Consumer
9 Protection and Professional Licensure Committee of the Senate on
10 the status of the implementation of the restrictions on the
11 performance of radiologic procedures by auxiliary personnel in
12 the offices of medical doctors, osteopathic physicians,
13 podiatrists, dentists and chiropractors.
14 Section 3. Effect of failure to approve and administer
15 examinations.
16 If either the State Board of Medicine, the State Board of
17 Osteopathic Medicine, the State Board of Podiatry, the State
18 Board of Dentistry or the State Board of Chiropractic has not
19 approved the examination required to be passed by auxiliary
20 personnel in accordance with section 11.4 of the act of May 1,
21 1933 (P.L.216, No.76), known as The Dental Law, section 21.2 of
22 the act of March 2, 1956 (1955 P.L.1206, No.375), known as the
23 Podiatry Practice Act, section 16.4 of the act of October 5,
24 1978 (P.L.1109, No.261), known as the Osteopathic Medical
25 Practice Act, section 45 of the act of December 20, 1985
26 (P.L.457, No.112), known as the Medical Practice Act of 1985,
27 and section 522 of the act of December 16, 1986 (P.L.1646,
28 No.188), known as the Chiropractic Practice Act, and the
29 approved examination has not been administered in accordance
30 with section 812.1 of the act of April 9, 1929 (P.L.177,
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1 No.175), known as The Administrative Code of 1929, before
2 January 1, 1988, the power and duty of such board to approve
3 such an examination and to contract for its administration shall
4 expire.
5 Section 4. Effect of expiration of power of board.
6 Beginning on January 1, 1988, the Department of Environmental
7 Resources shall provide for the examination of auxiliary
8 personnel to perform radiologic procedures in the offices of the
9 licensees of any board whose power and duty to approve such an
10 examination and to contract for its administration expires
11 pursuant to section 3. In carrying out its powers and duties
12 under this section, the Department of Environmental Resources
13 shall assure that such auxiliary personnel comply with minimum
14 standards established pursuant to the Consumer-Patient Radiation
15 Health and Safety Act of 1981 (Public Law 97-35, 95 Stat. 598)
16 for the certification and education of persons who administer
17 radiologic procedures and such additional requirements as the
18 Department of Environmental Resources deems appropriate. To the
19 maximum extent possible, the Department of Environmental
20 Resources shall ensure compliance with those standards and
21 requirements employing existing programs of certification
22 established by the Federal Government, other State or local
23 agencies, and private entities as recognized pursuant to section
24 981(b) of the Consumer-Patient Radiation Health and Safety Act
25 of 1981.
26 SECTION 5. TRANSFER OF FUNDS. <--
27 IF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES PERFORMS ANY OF
28 THE DUTIES OR TESTING REQUIRED UNDER SECTION 4, IT SHALL BE
29 REIMBURSED FROM THE FUNDS OF THE BOARD THAT ORIGINALLY HAD
30 JURISDICTION FOR SUCH DUTIES OR TESTING.
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1 Section 5 6. Retroactivity. <--
2 Section 1 of this act shall be retroactive to January 1,
3 1987.
4 Section 6 7. Effective date. <--
5 This act shall take effect immediately.
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