CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 2469
PRINTER'S NO. 3451
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1811
Session of
2019
INTRODUCED BY MILLARD, DeLUCA, FREEMAN, HILL-EVANS, JAMES,
JOZWIAK, MEHAFFIE, NEILSON, ZIMMERMAN AND STAATS,
SEPTEMBER 16, 2019
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
SEPTEMBER 16, 2019
AN ACT
Providing for medical imaging and radiation therapy licensure;
establishing the Medical Imaging and Radiation Therapy Board
of Examiners and providing for its powers and duties;
prescribing penalties; making a transfer; and making related
repeals.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Declaration of purpose.
Section 103. Definitions.
Chapter 2. Health and Safety Requirements
Section 201. Scope of chapter.
Section 202. Medical Imaging and Radiation Therapy Board of
Examiners.
Section 203. License required.
Section 204. Scope of practice and limitations.
Section 205. Requirements for licensure.
Section 206. Nonconforming application.
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Section 207. Examinations.
Section 208. Issuance of license, temporary license and display
of license.
Section 209. Educational program approval.
Section 210. License renewal.
Section 211. Reciprocity.
Section 212. Fees.
Section 213. Disciplinary authority.
Section 214. Transfers.
Section 215. Violations.
Section 216. Injunctive relief.
Section 217. Civil penalties.
Chapter 20. Miscellaneous Provisions
Section 2001. Repeals.
Section 2002. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Medical
Imaging and Radiation Therapy Licensure Act.
Section 102. Declaration of purpose.
The General Assembly finds and declares as follows:
(1) The residents of this Commonwealth are entitled to
the maximum protection from the harmful effects of excessive
and improperly performed medical imaging or radiation therapy
procedures.
(2) Patient protection can be increased by requiring
appropriate education, training, examination and
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certification for individuals operating medical imaging or
radiation therapy equipment and performing medical imaging or
radiation therapy procedures.
(3) It is necessary to establish licensure for health
care professionals operating medical imaging or radiation
therapy equipment and performing medical imaging or radiation
therapy procedures.
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Accredited educational program." A program in medical
imaging or radiation therapy that is accredited by an
accrediting agency recognized and approved by the United States
Department of Education.
"Advanced diagnostic medical sonographer." A diagnostic
medical sonographer who is licensed under this act to perform
advanced or expanded diagnostic medical sonography procedures
under the supervision of a physician licensed in this
Commonwealth.
"Board." The Medical Imaging and Radiation Therapy Board of
Examiners established under this act.
"Bone densitometry." The determination of bone mass by means
of the radiation absorption by a skeleton or part of a skeleton.
"Business entity." A corporation, partnership, association,
limited liability company or limited liability partnership.
"Certification organization." A national certification
organization that specializes in the certification and
registration of medical imaging or radiation therapy technical
personnel and is accredited by the National Commission for
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Certifying Agencies, the American National Standards Institute,
the International Organization for Standardization or another
accreditation organization recognized by the board.
"Commissioner." The Commissioner of Professional and
Occupational Affairs.
"Computed tomography." The process of producing sectional
and three-dimensional images using external ionizing radiation
for diagnostic or therapeutic purposes.
"Diagnostic medical sonographer." An individual who is
licensed under this act to perform diagnostic medical sonography
procedures.
"Diagnostic medical sonography." The use of high-frequency
sound waves with specialized equipment to direct the sound waves
into an area of the human body to generate a diagnostic image
for diagnostic or therapeutic purposes.
"Fluoroscopy." The exposure of a patient to X-rays in a
fluoroscopy mode, including positioning the patient and
fluoroscopy equipment and the selection of exposure factors.
"Hybrid imaging." Medical imaging that combines more than
one medical imaging modality.
"Ionizing radiation." Radiation that may consist of alpha
particles, beta particles, gamma rays, X-rays, neutrons, high-
speed electrons, high-speed protons or other particles capable
of producing ions. The term does not include nonionizing
radiation, such as high-frequency sound waves, magnetic fields,
microwaves, radiofrequency signals or visible, infrared or
ultraviolet light.
"License." Authorization from this Commonwealth to use
radioactive substances or equipment emitting high-frequency
sound waves, ionizing radiation, magnetic fields or
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radiofrequency signals for medical imaging or radiation therapy
procedures on humans for diagnostic or therapeutic purposes in
accordance with this act and the regulations adopted by the
board.
"Licensed practitioner." An individual licensed to practice
medicine, dentistry, podiatry, chiropractic or osteopathy in
this Commonwealth.
"Licensee." An individual who is licensed under this act to
perform medical imaging or radiation therapy procedures and
operate medical imaging or radiation therapy equipment.
"Limited X-ray machine operator." An individual who is
licensed under this act to perform, under the supervision of a
radiographer or licensed practitioner, diagnostic radiography or
bone densitometry procedures using equipment that emits external
ionizing radiation resulting in diagnostic radiographic images
of selected specific parts of human anatomy or bone density
measurements.
"Magnetic resonance imaging." The creation or acquisition of
images generated by using radiofrequency signals within a
magnetic field for diagnostic or therapeutic purposes.
"Magnetic resonance technologist." A person who is licensed
under this act to perform magnetic resonance procedures using
magnetic fields and radiofrequency signals.
"Medical imaging." A modality used to produce images of the
internal structures of the human body for diagnostic,
interventional or therapeutic purposes through the use of
electromagnetic waves, sound waves, radio waves, magnetic fields
or radioactive materials.
"Mobile imaging." Any arrangement in which medical imaging
services are transported to various sites. The term does not
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include movement within a hospital or movement to a site where
the equipment will be located permanently.
"Modality." Technologies used in the diagnosis or treatment
of disease or other medical conditions in human beings,
including:
(1) diagnostic medical sonography and its
specializations;
(2) magnetic resonance imaging and its specializations;
(3) nuclear medicine and its specializations;
(4) radiation therapy and its specializations; or
(5) radiography and its specializations.
"Nuclear medicine technologist." An individual who is
licensed under this act to prepare and administer
radiopharmaceuticals and adjunctive medicines and perform
nuclear medicine and molecular imaging and therapeutic
procedures using sealed and unsealed radiation sources and
ionizing and non-ionizing radiation.
"Nuclear medicine technology." Medical imaging that utilizes
sealed and unsealed radioactive materials for diagnostic,
treatment and research purposes. The term includes, but is not
limited to, the following:
(1) The procurement, preparation and administration of
radiopharmaceuticals, adjunctive and imaging medications.
(2) The combination of nuclear medicine instrumentation
with computed tomography, magnetic resonance imaging or other
modalities to produce three-dimensional images with or
without adjunctive and imaging medications to enhance the
evaluation of physiological processes at a molecular level.
"Physician assistant." An individual who is licensed in this
Commonwealth as a physician assistant under section 13 of the
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act of December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985.
"Physician assistant-certified fluoroscopy operator" or "PA-C
fluoroscopy operator." A physician assistant who is licensed
under this act to perform fluoroscopy procedures.
"Public member." An individual who is a resident of this
Commonwealth but who is not any of the following:
(1) A licensed practitioner.
(2) An individual who performs medical imaging or
radiation therapy procedures under this act.
(3) Affiliated with a group or profession that provides
or regulates health care or that would hinder the public
member in representing the interest of the public.
"Radiation therapist." An individual who is licensed under
this act to perform procedures involving administration of
ionizing radiation to human beings for therapeutic purposes.
"Radiation therapy." The use of ionizing radiation for
treating disease.
"Radiographer." An individual who is licensed under this act
to perform diagnostic radiographic procedures using external
ionizing radiation to produce bone density measurements or
radiographic, fluoroscopic or digital images.
"Radiography." The process of obtaining an image using
external ionizing radiation for diagnostic or therapeutic
purposes.
"Radiologist." A physician licensed in this Commonwealth who
is board-eligible for certification or certified by the American
Board of Radiology, the American Osteopathic Board of Radiology,
the British Royal College of Radiology or the Royal College of
Physicians and Surgeons of Canada.
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"Radiologist assistant." A radiographer who is licensed
under this act to perform a variety of activities under the
supervision of a radiologist in the areas of patient care,
patient management and medical imaging procedures.
"Specialization." A medical specialty area or type of
equipment used within a medical imaging or radiation therapy
modality, which has a corresponding certification from a
certification organization recognized by the board.
"Temporary license." A license issued by the board
authorizing an individual to perform medical imaging or
radiation therapy while an application for a new license or
renewal of a license is pending before the board and when the
issuance may be justified by special circumstances as determined
by the board.
CHAPTER 2
HEALTH AND SAFETY REQUIREMENTS
Section 201. Scope of chapter.
This chapter relates to medical imaging and radiation therapy
health and safety.
Section 202. Medical Imaging and Radiation Therapy Board of
Examiners.
(a) Establishment and composition.--The Medical Imaging and
Radiation Therapy Board of Examiners is established. Board
members shall be appointed by the Governor and approved by the
Senate. The initial board shall be appointed within 90 days
following the effective date of this section. The members of the
board shall include:
(1) The Secretary of Health or a designee.
(2) The commissioner.
(3) The Director of the Bureau of Consumer Protection in
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the Office of Attorney General or a designee.
(4) A member representing the general public.
(5) Two licensed practitioners, including a radiologist,
who are licensed to practice medicine under the laws of this
Commonwealth and who have been engaged in full-time practice
in this Commonwealth for at least five years immediately
preceding their appointment.
(6) Licensed medical imaging professionals as follows:
(i) A diagnostic medical sonographer.
(ii) A radiologist assistant.
(iii) A magnetic resonance technologist.
(iv) A nuclear medicine technologist.
(v) A radiation therapist.
(vi) A radiographer.
(vii) A full-time educator in an accredited
educational program in medical imaging or radiation
therapy.
(b) Qualifications for appointment.--In addition to the
requirements under subsection (a), the qualifications for
appointment to the board shall include:
(1) Each board member must be a resident of this
Commonwealth.
(2) The public member must be at least 21 years of age.
(3) Except for the public member, the State officials
appointed under subsection (a)(1), (2) and (3) and the
licensed practitioners, each board member must have at least
two years of experience performing medical imaging or
radiation therapy in the modality for which they are
appointed.
(c) Terms of office.--The following shall apply:
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(1) The term of office of the public member shall be
four years and the term of office for all other members of
the board shall be two years and may be extended for no more
than six months until their successors have been appointed in
the manner specified under subsection (a) in accordance with
the qualification requirements under subsection (b).
(2) In the event that a member of the board should no
longer be able to maintain the member's position on the
board, then the member's successor shall be appointed in the
manner specified under subsection (a) in accordance with the
qualification requirements under subsection (b) and shall
hold office for the unexpired term.
(3) After the initial board is appointed under
subsection (a) and regulations are promulgated under
subsection (j)(4), the board shall approve three of the
licensed medical imaging professionals appointed under
subsection (a)(6) to remain on the board for a period of two
additional years.
(4) No member shall serve more than two consecutive
terms on the board.
(d) Temporary board exemption to license requirements.--An
individual who performs medical imaging or radiation therapy
procedures and is appointed to the initial board may not be
required to hold a valid license issued by the board until 12
months after the first issuance of a license by the board.
(e) Compensation.--The members of the board, except for the
commissioner, shall receive $60 per diem when attending a board
meeting in-person to complete the required work of the board.
The members shall also receive the amount of reasonable travel,
hotel and other necessary expenses incurred in the performance
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of their duties on the board in accordance with the laws of this
Commonwealth.
(f) Secretary designation.--The commissioner shall designate
an officer or employee of this Commonwealth, who may not be a
member of the board, to act as secretary of the board. The
Bureau of Professional and Occupational Affairs shall furnish
staff, logistics, budget and other support to the board as
appropriate.
(g) Meetings.--The board shall meet at least annually in
person, at a time and place of the board's choosing. The first
meeting of the board shall be for organization only, during
which the board shall elect a chairperson and set forth
responsibilities and rules. The board may meet periodically by
telephone or other electronic communication method to conduct
the duties of the board as authorized by the laws of this
Commonwealth.
(h) Meeting attendance.--A member of the board who fails to
attend three consecutive meetings shall forfeit the member's
seat unless the commissioner, upon written request from the
member, finds that the member should be excused from a meeting
because of illness or death of a family member.
(i) Quorum.--A majority of the voting members of the board
present at a board meeting shall constitute a quorum. To be
counted as present for the purpose of this subsection, a member
must attend in-person or via telephone or any other board-
approved form of electronic real-time communication. Action may
not be taken by the board except by an affirmative vote of a
majority of the voting members present at a board meeting.
(j) Powers and duties.--The board shall have the following
powers and duties:
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(1) Administer this chapter.
(2) Issue interpretations of this chapter.
(3) Establish the scope of practice for each license or
permit type issued by the board.
(4) Promulgate regulations not inconsistent with the
laws of this Commonwealth that are necessary to carry out
this chapter.
(5) Set all fees and fines necessary to administer this
chapter.
(6) Set requirements for the issuance of a new license
and renewal or reinstatement of a license.
(7) Devise, contract or review and accept by regulation,
an examination for licensure to determine an applicant's
fitness to perform medical imaging or radiation therapy.
(8) Fine a licensee found to be in violation of this
chapter and recover costs and fees incurred in the
investigation of a licensee.
(9) Obtain restraining orders and injunctions
prohibiting conduct in violation of this chapter or
regulations adopted by the board, conduct investigations,
issue subpoenas, conduct hearings, appoint hearing officers,
examine witnesses and administer oaths concerning practices
that are alleged to violate this chapter or regulations
adopted by the board.
(10) Maintain a written record of all proceedings and
make an annual report of all board actions available to
licensees and other concerned parties.
(11) Develop standards and adopt regulations for the
improvement of the administration of medical imaging or
radiation therapy procedures in this Commonwealth.
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(12) Set requirements for continuing education as a
requirement for license renewal. The board may review and
accept the continuing education and recertification or
continuing competency requirements established by a medical
imaging or radiation therapy certification organization for
license renewal.
(13) Establish criteria and standards for educational
programs offered in this Commonwealth in medical imaging or
radiation therapy. The board may review and accept the
accreditation criteria and standards established by an
appropriate educational accreditation agency.
(14) Approve medical imaging or radiation therapy
educational programs that the board determines meet the
criteria and standards established by the board.
Section 203. License required.
(a) Requirement.--Except as provided under this section, on
and after January 1, 2024, only an individual currently licensed
under this chapter may perform or offer to perform medical
imaging or radiation therapy procedures on humans for diagnostic
or therapeutic purposes as defined in this chapter or otherwise
indicate or imply that the individual is licensed to perform
medical imaging or radiation therapy procedures unless that
individual is licensed.
(b) Regulation of medical imaging and radiation therapy.--
The board shall establish, or review and adopt by regulation,
the education, certification, continuing education, licensure
and scope of practice standards for an individual performing
diagnostic medical sonography, fluoroscopy operation, limited X-
ray machine operation, magnetic resonance imaging, nuclear
medicine technology, radiation therapy or radiography.
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(c) Regulation of advanced diagnostic medical sonography.--
The board shall establish, or review and adopt by regulation,
the education, certification, continuing education, licensure
and scope of practice standards for an individual performing
advanced diagnostic medical sonography procedures under the
supervision of a physician.
(d) Regulation of radiologist assistant.--The board shall
establish, or review and adopt by regulation, the education,
certification, continuing education, licensure and scope of
practice standards for an individual performing radiologist
assistant duties under the supervision of a radiologist.
(e) License required for employment.--A person or business
entity may not knowingly employ an individual who does not hold
a license or is not exempt under this chapter to perform medical
imaging or radiation therapy procedures on humans for diagnostic
or therapeutic purposes.
(f) Limitation or enlargement of practice.--Nothing under
this chapter relating to medical imaging or radiation therapy
shall limit or enlarge the practice of a licensed practitioner.
(g) Exemptions.--This chapter shall not apply to the
following:
(1) A licensed practitioner performing medical imaging
or radiation therapy procedures.
(2) A dental hygienist currently licensed by the
Commonwealth.
(3) A dental assistant currently licensed by the
Commonwealth.
(4) A resident physician or a student enrolled in and
attending a school or college of medicine, chiropractic,
podiatry, medical imaging or radiation therapy who performs
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authorized medical imaging or radiation therapy procedures on
humans while under the supervision of a licensed practitioner
or supervision of an individual holding a license under this
chapter in the supervised modality.
(5) An individual who is employed by the Federal
Government to perform medical imaging or radiation therapy
procedures associated with that employment.
(6) An individual performing sonography procedures
within the individual's scope of practice that is used to
assess specific and limited information about a patient's
immediate medical condition, is limited to a focused imaging
target and does not generate a recorded diagnostic medical
image. A focused imaging target includes, but is not limited
to:
(i) assessment of fetal presentation or heartbeat;
(ii) assessment of fluid in a body cavity;
(iii) assessment of foreign body position or
location;
(iv) fetal monitoring during active labor; or
(v) identification of an anatomical landmark or
blood vessel for vascular access or administration of
anesthesia.
(7) An individual performing medical imaging or
radiation therapy procedures on nonhuman subjects or
cadavers.
Section 204. Scope of practice and limitations.
(a) Scope of practice--The board shall establish scope of
practice standards for each medical imaging and radiation
therapy modality. The board may review and adopt by regulation a
scope of practice from a certification organization or a
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professional society or association.
(b) Computed tomography.--On and after October 1, 2025, a
licensee who performs computed tomography for diagnostic
purposes must be certified in computed tomography by the
American Registry of Radiologic Technologists, Nuclear Medicine
Technologist Certification Board or other certification
organization recognized by the board.
(c) Fluoroscopy.--An individual licensed to perform
radiography may perform fluoroscopy.
(d) PA-C fluoroscopy operator.--An individual licensed as a
PA-C fluoroscopy operator shall only perform fluoroscopy within
the scope of the license issued to the individual and shall not
perform computed tomography, diagnostic medical sonography,
magnetic resonance imaging, mammography, mobile imaging, nuclear
medicine technology, radiography or radiation therapy
procedures. A physician assistant acting within the physician
assistant's scope of practice and the authority delegated by the
physician assistant's supervising physician may make a
diagnostic interpretation of a fluoroscopic image within the
scope of the physician assistant's practice agreement.
(e) Limited X-ray machine operator.--An individual licensed
as a limited X-ray machine operator shall perform tasks or
procedures only within the scope of the specific permit issued
to the individual by the board for a particular area of the
human anatomy as provided under section 205 and may not perform
procedures involving the administration or utilization of
contrast media or perform computed tomography, diagnostic
medical sonography, fluoroscopy, magnetic resonance imaging,
mammography, mobile imaging, nuclear medicine technology or
radiation therapy.
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(f) Nuclear medicine technologist.--An individual licensed
to perform nuclear medicine technology may perform computed
tomography or magnetic resonance imaging for attenuation
correction on hybrid imaging equipment.
(g) Radiation therapist.--An individual licensed to perform
radiation therapy may perform computed tomography or magnetic
resonance imaging for treatment planning purposes.
(h) Use of medical imaging or radiation therapy
restricted.--A licensee may use radioactive substances or
equipment emitting ionizing radiation, high-frequency sound
waves or magnetic resonance and perform medical imaging and
radiation therapy procedures on humans for diagnostic or
therapeutic purposes only:
(1) With a valid prescription of a person authorized by
the Commonwealth to prescribe medical imaging or radiation
therapy procedures.
(2) Under the supervision of a licensed practitioner.
(3) Within the scope of the license as specified under
this chapter and under the regulations adopted by the board.
A licensee may only perform medical imaging or radiation
therapy procedures in a modality for which the licensee is
licensed.
(i) Prohibitions.--Except as provided under subsection (d),
a licensee may not make a diagnostic interpretation of an image,
make a diagnosis or prescribe a medication or therapy.
Section 205. Requirements for licensure.
(a) PA-C fluoroscopy operator license.--An applicant for a
PA-C fluoroscopy operator license shall be a physician assistant
licensed in this Commonwealth who has:
(1) Completed 40 hours of didactic education in
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radiation safety, radiation protection, equipment operation,
image acquisition and patient positioning.
(2) Documented 40 hours of clinical education supervised
by a radiologist or licensed radiographer.
(3) Successfully completed the American Registry of
Radiologic Technologists fluoroscopy examination.
(b) Limited X-ray machine operator license.--A limited X-ray
machine operator license shall be limited in scope through the
issuance of permits to perform diagnostic X-rays on specific
anatomical areas of the human body. The following shall apply:
(1) The permits which may be issued are:
(i) Chest radiography permit. Radiography of the
thorax, heart and lungs.
(ii) Extremity radiography permit. Radiography of
the upper and lower extremities, including the pectoral
girdle.
(iii) Spine radiography permit. Radiography of the
vertebral column.
(iv) Skull/sinus radiography permit. Radiography of
the skull and facial structures.
(v) Podiatric permit. Radiography of the foot, ankle
and lower leg below the knee.
(vi) Bone densitometry permit. An individual who is
certified by the International Society for Clinical
Densitometry or the American Registry of Radiologic
Technologists in bone densitometry shall be granted a
permit to perform bone densitometry testing.
(2) To be eligible for licensure by the board as a
limited X-ray machine operator, an applicant shall submit the
application fee and meet the following requirements:
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(i) Be at least 18 years of age at the time of the
application.
(ii) Have a high school diploma or have passed an
approved equivalency test.
(iii) Have satisfactorily completed a course of
study in limited X-ray machine operation or its
equivalent as determined by the board. The curriculum for
the course of study shall be no less stringent than the
standards approved by the Joint Review Committee on
Education in Radiologic Technology or other appropriate
educational accreditation agency recognized by the board.
(iv) Pass an examination approved by the board.
(c) Medical imaging or radiation therapy license.--An
individual seeking to obtain a license for a medical imaging or
radiation therapy modality shall comply with the following
requirements:
(1) Be at least 18 years of age at the time of
application.
(2) Have a high school diploma or passed an approved
equivalency test.
(3) Have satisfactorily completed a course of study in
diagnostic medical sonography, magnetic resonance imaging,
nuclear medicine technology, radiation therapy or
radiography, or an equivalent to be determined by the board.
The following shall apply:
(i) The curriculum for each course of study shall be
no less stringent than the standards approved by the
Joint Review Committee on Education in Radiologic
Technology, Joint Review Committee on Education in
Nuclear Medicine Technology, Commission on Accreditation
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of Allied Health Education Programs, regional accrediting
agencies or other appropriate educational accreditation
agency recognized by certification organizations.
(ii) An individual who holds a current certification
and registration by a certification organization
recognized by the board in a medical imaging or radiation
therapy modality or specialization shall be deemed to
have met the requirement of this paragraph for successful
completion of a course of study in the modality.
(4) Pass an applicable modality or specialization
examination administered by a certification organization
recognized by the board. An individual who holds a current
certification and registration in a medical imaging or
radiation therapy modality shall be deemed to have met the
requirements of this paragraph for successful completion of
an examination.
(d) Advanced diagnostic medical sonography license.--In
addition to the requirements of subsection (c):
(1) An individual seeking to obtain a license as an
advanced diagnostic medical sonographer shall:
(i) Hold a current license as a diagnostic medical
sonographer.
(ii) If a certification from a certification
organization recognized by the board is available, be
certified and registered by a certification organization
recognized by the board as an advanced diagnostic medical
sonographer or similar designation.
(iii) Submit to the board the clinical protocols to
be used by the individual, which shall specify procedures
that may be performed and levels of physician supervision
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and shall be signed by the supervising physician. Updated
protocols shall be submitted biennially with license
renewal.
(2) An individual licensed as an advanced diagnostic
medical sonographer shall not make a diagnostic
interpretation of an image, make a diagnosis or prescribe a
medication or therapy.
(e) Radiologist assistant license.--In addition to the
requirements of subsection (c):
(1) An individual seeking to obtain a license as a
radiologist assistant shall:
(i) Hold a current license as a radiographer and be
currently certified and registered as a radiographer by
the American Registry of Radiologic Technologists.
(ii) Hold current certification and registration as
a radiologist assistant by the American Registry of
Radiologic Technologists or as a radiology practitioner
assistant by the Certification Board of Radiology
Practitioner Assistants.
(iii) Submit to the board clinical protocols signed
by the supervising radiologist specifying procedures that
are performed by the radiologist assistant, levels of
radiologist supervision and locations of practice
designated by the supervising radiologist. Updated
protocols shall be submitted biennially consistent with
license renewal. The radiologist assistant scope of
practice shall be consistent with the most recent version
of the Radiologist Assistant Practice Standards published
by the American Society of Radiologic Technologists.
(2) An individual licensed as a radiologist assistant
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shall not interpret images, make diagnoses or prescribe
medications or therapies.
(f) Change of name or address.--An individual holding a
license or permit issued under this chapter shall notify the
board in writing within 90 days of a name or address change.
(g) Failure to maintain required certification and
registration.--Within 30 days, a licensee shall submit written
notification to the board if the licensee:
(1) fails to maintain a required certification and
registration by a certification organization; or
(2) is subject to any legal or disciplinary action other
than minor traffic infractions, or proceedings for acts or
conduct substantially the same as acts or conduct which would
constitute grounds for refusal to issue, refusal to renew,
suspension, revocation or other discipline of an applicant or
individual holding a license or permit under this chapter by
any:
(i) licensing jurisdiction, whether in the United
States or foreign;
(ii) health care institution;
(iii) professional society or association;
(iv) certification organization;
(v) government agency;
(vi) law enforcement agency; or
(vii) court.
Section 206. Nonconforming application.
An individual who has been engaged in the practice of medical
imaging and radiation therapy, other than an advanced diagnostic
medical sonographer or radiologist assistant, and who does not
hold a current certification and registration by a certification
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organization recognized by the board may continue to practice in
the medical imaging or radiation therapy modality in which they
are currently employed if they:
(1) Register with the board on or before January 1,
2024.
(2) Do not change employment or the scope of their
current practice.
(3) Complete all continuing education requirements for
their modality or specialization biennially as prescribed by
the board.
(4) Practice only under the supervision of a licensed
practitioner.
(5) Meet all licensure requirements of this chapter and
the regulations adopted by the board and obtain a license
from the board on or before January 1, 2024.
Section 207. Examinations.
(a) Evidence of examination.--To meet the requirement of
examination under this chapter for advanced diagnostic medical
sonography, diagnostic medical sonography, magnetic resonance
imaging, nuclear medicine technology, radiation therapy,
radiography or radiologist assistant, the board shall accept
current certification and registration by a certification
organization recognized by the board in the applicant's or
licensee's modality.
(b) Limited X-ray machine operator examination.--The board
shall use a limited X-ray machine operator examination
administered by the American Registry of Radiologic
Technologists for individuals applying for a limited X-ray
machine operator license and permit in chest, extremity,
skull/sinus, podiatric or spine radiography. The board shall
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determine by regulation the examination score that constitutes
successful completion.
(c) PA-C fluoroscopy operator examination.--The board shall
use a fluoroscopy examination administered by the American
Registry of Radiologic Technologists. The board shall determine
by regulation the examination score that constitutes successful
completion.
(d) Board administered examination.--If an examination for
limited X-ray machine or PA-C fluoroscopy operator is
administered by the board, the examination shall be given at
least twice each year and at a time and place and under
supervision as the board may require.
(e) Acceptance of chiropractic radiologic technologist
certification.--The board may accept certification and
registration from the American Chiropractic Registry of
Radiologic Technologists to meet the requirement of this section
for successful completion of an examination for an individual
applying for a limited X-ray machine operator license and permit
in spine radiography.
(f) Acceptance of podiatric medical assistant
certification.--The board may accept certification from the
American Society of Podiatric Medical Assistants to meet the
requirement of this section for successful completion of an
examination for an individual applying for a limited X-ray
machine operator license and permit in podiatric radiography.
(g) Acceptance of diagnostic medical sonography
certification.--The board shall accept diagnostic medical
sonography or advanced diagnostic medical sonography
certification and registration from the American Registry of
Radiologic Technologists, American Registry for Diagnostic
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Medical Sonography, Cardiovascular Credentialing International
or another certification organization recognized by the board to
meet the examination requirement of this section.
(h) Acceptance of magnetic resonance certification.--The
board shall accept magnetic resonance certification and
registration from the American Registry of Radiologic
Technologists or another certification organization recognized
by the board to meet the examination requirement of this
section.
(i) Acceptance of nuclear medicine certification.--The board
shall accept nuclear medicine certification and registration
from the American Registry of Radiologic Technologists, Nuclear
Medicine Technologist Certification Board or other certification
organization recognized by the board to meet the examination
requirement of this section.
(j) Acceptance of radiation therapy certification.--The
board shall accept radiation therapy certification and
registration from the American Registry of Radiologic
Technologists or other certification organization recognized by
the board to meet the examination requirement of this section.
(k) Acceptance of radiographer certification.--The board
shall accept radiography certification and registration from the
American Registry of Radiologic Technologists or other
certification organization recognized by the board to meet the
examination requirements of this section.
Section 208. Issuance of license, temporary license and display
of license.
(a) Issuance of license.--The board shall issue a license to
an applicant who meets the requirements for licensure specified
in this chapter and the regulations adopted by the board,
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verified by oath or affirmation, and upon payment of any
required fee. The board may issue a license with authorization
to perform more than one medical imaging or radiation therapy
modality if the person is qualified in each modality.
(b) Temporary license.--The board may issue a temporary
license to an individual whose license or license renewal may be
pending. The following shall apply:
(1) A temporary license shall be issued only if the
board finds that it will not violate the purpose of this
chapter or endanger the public health and safety.
(2) A temporary license in a modality shall be issued to
an applicant who is preparing for a certification examination
in the modality. The temporary license shall expire in 90
days. The temporary license may be reissued one time to a
person for an additional 90 days if the person completed but
did not pass a certification examination.
(c) Temporary license for cross-training.--Except for an
individual licensed as a limited X-ray machine operator or PA-C
fluoroscopy operator, an individual licensed under this chapter
may apply to the board for a temporary license in an additional
medical imaging or radiation therapy modality to complete
clinical experience requirements for an applicable training
pathway established by a certification organization recognized
by the board. Temporary licenses issued for training purposes
shall expire three years after issuance.
(d) Display of license.--Licenses shall be available upon
request. The copy of the current license of each licensee must
be maintained at the licensee's place of employment.
Section 209. Educational program approval.
(a) Educational program standards.--The board shall
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establish, or review and adopt by regulation, standards for
medical imaging and radiation therapy educational programs. The
standards shall be no less stringent than the standards approved
by the Joint Review Committee on Education in Radiologic
Technology, Joint Review Committee on Education in Nuclear
Medicine Technology, Commission on Accreditation of Allied
Health Education Programs, regional accrediting agencies or
other appropriate educational accreditation agency recognized by
certification organizations.
(b) Educational program operation.--A program approved by
the board in diagnostic medical sonography, magnetic resonance
imaging, nuclear medicine technology, radiation therapy or
radiography shall be offered by a medical facility or
educational institution. The program shall be affiliated with
one or more hospitals or clinics approved by the board to
provide the requisite clinical education.
(c) Limited training program standards.--The board may
establish, or review and adopt by regulation, a course of study
for a PA-C fluoroscopy operator and limited X-ray machine
operator.
Section 210. License renewal.
(a) Term of license.--Except as otherwise provided, a
license issued under this chapter shall be renewed every two
years. The board may adjust the expiration date of a license by
up to six months to allow coordination with certification and
registration expiration dates. The license shall be renewed upon
the payment of a renewal fee, if, at the time of application for
renewal, the applicant is not in violation of this chapter and
has complied with the regulations adopted by the board, verified
by oath or affirmation.
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(b) Notification of expiration.--The board shall notify a
licensee at least 60 days in advance of the expiration of the
license.
(c) Failure to renew a license.--A licensee shall be
responsible for renewing a license before the expiration date. A
license that is not renewed before the expiration date shall
automatically lapse.
(d) Reinstatement fee.--The board may provide for the late
renewal of an automatically lapsed license or permit upon the
payment of a reinstatement fee. A license or permit that has
been expired for more than two years may not be reinstated
unless the applicant meets the reinstatement requirements of the
accrediting agency.
(e) Maintenance of certification and registration.--If
applicable, a licensee shall maintain current certification and
registration by the applicable certification organization
recognized by the board throughout the licensure period and
shall not be required to duplicate the continuing education
hours submitted to the certification organization.
(f) Evidence of compliance.--The board may require a
licensee to submit evidence of current certification and
registration by the applicable certification organization, which
shall be deemed equivalent to the continuing education
requirements established by the board to those provided in this
chapter and the regulations adopted by the board.
(g) Limited operator continuing education.--As a condition
of license renewal, an individual licensed as a PA-C fluoroscopy
operator or limited X-ray machine operator shall be required to
complete continuing education as required pursuant to the
regulations adopted by the board.
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Section 211. Reciprocity.
The board may, upon application and payment of proper fees,
issue a license to an individual who has been licensed,
registered or certified to perform medical imaging or radiation
therapy procedures in another jurisdiction if that
jurisdiction's standards are substantially equivalent to those
provided in this chapter and the regulations adopted by the
board.
Section 212. Fees.
(a) Determination.--The board shall determine by regulation
all fees necessary for the administration of this chapter. Fees
shall be nonrefundable.
(b) Collection.--Fees shall be collected by the board
through the Bureau of Professional and Occupational Affairs and
shall be paid into the Professional Licensure Augmentation
Account for use in accordance with the act of July 1, 1978
(P.L.700, No.124), known as the Bureau of Professional and
Occupational Affairs Fee Act.
Section 213. Disciplinary authority.
(a) Disciplinary action.--The board may deny, suspend,
revoke or refuse to renew a license or impose probationary
conditions on a license if the licensee or applicant for a
license, renewal of a license or reinstatement of a license has
engaged in any of the following conduct:
(1) Obtaining a license by means of fraud,
misrepresentation or concealment of material facts.
(2) Unprofessional conduct pursuant to regulations
adopted by the board.
(3) Having been convicted of or pleaded guilty or nolo
contendere to a crime involving moral turpitude or a crime
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that indicates that the licensee or applicant is unfit or
incompetent to perform medical imaging or radiation therapy
procedures or that the licensee or applicant has deceived or
defrauded the public.
(4) An act or practice in violation of a provision of
this chapter or a regulation adopted by the board or aiding,
abetting or assisting any person in such a violation.
(5) Committing an act of malpractice, gross negligence
or incompetence in performing medical imaging or radiation
therapy procedures.
(6) Practicing as an individual licensed to perform
medical imaging or radiation therapy procedures without a
current license.
(7) Conduct that could result in harm or injury to the
public.
(8) Having a license issued under this chapter revoked
or suspended or other disciplinary action taken, whether in
this Commonwealth or another jurisdiction.
(9) Being unfit or incompetent to perform medical
imaging or radiation therapy procedures due to deliberate or
negligent acts or omissions, regardless of whether actual
injury to a patient is established.
(b) Reinstatement.--An application may be made to the board
for reinstatement of a revoked license if the revocation has
been in effect for at least two years after the date of the
board's order revoking the license.
Section 214. Transfers.
The sum of $85,000, or as much of that amount as may be
necessary, is transferred from the Professional Licensure
Augmentation Account to the Department of State for the payment
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of costs associated with processing licenses and renewing
licenses, for the operation of the Medical Imaging and Radiation
Therapy Board and for other costs associated with Chapter 2. The
transfer shall be repaid by the board within three years of the
beginning of issuance of licenses by the board.
Section 215. Violations.
A person who violates a provision of this chapter or the
regulations adopted by the board commits a misdemeanor of the
third degree. Each act of unlawful practice shall constitute a
distinct and separate offense.
Section 216. Injunctive relief.
The board may make application to an appropriate court for an
order enjoining violations of this chapter or the regulations
adopted by the board, and upon a showing by the board that a
person has violated or is about to violate this chapter or the
regulations adopted by the board, the court may grant an
injunction or restraining order or take other appropriate
action.
Section 217. Civil penalties.
(a) Authority.--The board may assess a civil penalty not in
excess of the amount allowable under State law for the violation
of any section of this chapter or the violation of any
regulations adopted by the board. The proceeds of any civil
penalty assessed under this section shall be paid into the
Professional Licensure Augmentation Account.
(b) Consideration factors.--Before imposing and assessing a
civil penalty, the board shall consider the following factors:
(1) The nature, gravity and persistence of the
violation.
(2) The appropriateness of the imposition of a civil
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penalty when considered alone or in combination with other
punishment.
(3) Whether the violation was willful and malicious.
(4) Any other factors that would tend to mitigate or
aggravate the violations found to exist.
(c) Schedule.--The board shall establish a schedule of civil
penalties for violations of this chapter and the regulations
adopted by the board.
(d) Costs.--The board may assess the costs of disciplinary
actions against a person found to be in violation of this
chapter or the regulations adopted by the board.
CHAPTER 20
MISCELLANEOUS PROVISIONS
Section 2001. Repeals.
Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraphs (2) and (3) are necessary to effectuate the
addition of Chapter 2.
(2) Section 16.4 of the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, is repealed.
(3) Section 45 of the act of December 20, 1985 (P.L.457,
No.112), known as the Medical Practice Act of 1985, is
repealed.
Section 2002. Effective date.
This act shall take effect immediately.
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