Bill Text: CA SB1332 | 2009-2010 | Regular Session | Chaptered
Bill Title: Radiologic technology.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-09-29 - Chaptered by Secretary of State. Chapter 525, Statutes of 2010. [SB1332 Detail]
Download: California-2009-SB1332-Chaptered.html
BILL NUMBER: SB 1332 CHAPTERED
BILL TEXT
CHAPTER 525
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2010
APPROVED BY GOVERNOR SEPTEMBER 29, 2010
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 12, 2010
AMENDED IN ASSEMBLY JUNE 23, 2010
AMENDED IN ASSEMBLY JUNE 14, 2010
AMENDED IN SENATE MAY 11, 2010
AMENDED IN SENATE APRIL 27, 2010
AMENDED IN SENATE APRIL 6, 2010
INTRODUCED BY Senator Dutton
FEBRUARY 19, 2010
An act to add and repeal Section 107046 of the Health and Safety
Code, relating to radiologic technology, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1332, Dutton. Radiologic technology.
Existing law requires the State Department of Public Health to
approve schools for radiologic technologists that, in the judgment of
the department, will provide instruction adequate to prepare
individuals to meet requirements for certification as radiologic
technologists under the Radiologic Technology Act. Existing law also
requires the department to adopt reasonable standards for approved
schools, for procedures for obtaining and maintaining approval, and
for revocation of approval where standards are not maintained.
Existing law authorizes the department, when approving a school
for radiologic technologists, to take into consideration
accreditation, approval, or certification of the school by other
agencies or organizations if the department finds that accreditation,
approval, or certification was granted on the basis of standards
that will afford the same protection to the public as the standards
provided by the Radiologic Technology Act or the regulations adopted
pursuant thereto.
This bill, until January 1, 2015, would require the department,
subject to specified conditions, to approve a school that presents
certification that the school has met specified requirements for
certification by the Joint Review Committee on Education in
Radiologic Technology (JRCERT) but would specify that a school is not
required to have this certification to be approved by the
department. The bill would also provide a system of provisional
permitting and a method for the department to revoke, suspend, limit,
or condition a school's permit. The bill would also require the
department to adopt the standards through a specified process before
approving schools.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 107046 is added to the Health and Safety Code,
to read:
107046. (a) In addition to the approval process in Sections
107045 and 107050, a diagnostic or therapeutic radiologic technology
school that has been recognized by the Joint Review Committee on
Education in Radiologic Technology (JRCERT) as meeting either the
Standards for an Accredited Educational Program in Radiologic
Sciences, revised in 2001, or the Standards for an Accredited
Educational Program in Radiography, as adopted in April 2010, shall
be approved as a diagnostic or therapeutic radiologic technology
school, upon the school's furnishing verification to the department
of current satisfactory JRCERT certification. The department shall
post the standards, as published by JRCERT, on the department's
Internet Web site.
(b) This section shall only apply to schools teaching diagnostic
or therapeutic radiologic programs.
(c) This section shall only be implemented if both of the
following are complete:
(1) The standards set forth in subdivision (a) are available to
the department and schools free of charge and accessible on the
department's Internet Web site or through a link to the standards.
(2) To the extent consistent with federal and state health privacy
laws and with its authority pursuant to this chapter, the department
has an agreement with the Joint Review Committee on Education in
Radiologic Technology to provide access to the following information:
(A) School accreditation materials.
(B) Allegation of noncompliance by a school.
(C) Program reviews performed on schools located in California.
(d) A diagnostic or therapeutic radiologic technology school that
is in the process of obtaining recognition by JRCERT as meeting the
standards referenced in subdivision (a) shall be provisionally
approved and provided a conditional permit, provided that all of the
following conditions are met:
(1) The school's instructors all hold either a certificate in
radiologic technology, as appropriate, issued in accordance with
subdivision (b) of Section 114870, or a licentiate's certificate or
permit, as appropriate, issued in accordance with subdivision (e) of
Section 114870.
(2) All use of X-ray machines by the school's students or
instructors, including all machines used at the school's affiliated
clinical sites, are in compliance with the Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9), including
registration requirements.
(3) All clinical sites used by the school have an affiliation
agreement with the school.
(4) The school has a radiation protection program in place that
meets the standards for protection against radiation, as set forth in
the department's regulations adopted pursuant to the Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9).
(e) Nothing in this section shall be construed to prevent a
diagnostic or therapeutic radiologic technology school that is not
accredited by JRCERT from being approved pursuant to Sections 107045
and 107050.
(f) Before approving a school pursuant to this section, the
department shall adopt the standards referred to in subdivision (a).
At least 45 days prior to adoption, the department shall post the
proposed standards on its Internet Web site. Public comment shall be
accepted by the department for at least 30 days after the proposed
standards are posted. If a member of the public requests a public
hearing during the 30-day review period, the hearing shall be held
prior to adoption of the standards. Changes to the standards shall be
made following the same process. Adoption of, and changes to, the
standards pursuant to this subdivision shall not be subject to the
rulemaking requirements of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code and
written responses to public comment shall not be required.
(g) Department approval of a diagnostic or therapeutic radiologic
technology school granted as described in this section, including
provisional approval granted pursuant to subdivision (c), may be
subsequently revoked, suspended, limited, or conditioned by the
department, for either of the following reasons:
(1) Violation of a provision of the Radiologic Technology Act
(Section 27) or violation of any provision of the Radiation Control
Law or its regulations.
(2) Nonpayment of fees prescribed in accordance with Section
107090 or 107095.
(h) Nothing in this section shall be construed to limit or
otherwise abridge the department's authority to inspect diagnostic or
therapeutic radiologic technology schools or their clinical sites as
otherwise provided by law.
(i) A diagnostic or therapeutic radiologic technology school
approved pursuant to this section shall provide the department with
written notice of any JRCERT action revoking, suspending,
conditioning, or denying a school's JRCERT accreditation. This notice
shall be given to the Radiologic Health Branch of the department
within 10 days of the JRCERT action.
(j) Proceedings to revoke, suspend, limit, or condition school
approval, including approvals initially granted pursuant to
subdivision (b), shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the department shall have all the powers
granted therein.
(k) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect the health and safety of patients and to
enable radiologic technology schools to accept students in programs
for the 2010-11 fall semester, it is necessary for this act to take
effect immediately.
