Bill Text: CA SB480 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Law enforcement uniforms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-30 - Chaptered by Secretary of State. Chapter 336, Statutes of 2020. [SB480 Detail]
Download: California-2019-SB480-Amended.html
Chapter 8.5 (commencing with Section 3800) is added to Division 2 of the Business and Professions Code, to read: act. chapter. act, chapter, but is awaiting the next scheduled meeting of the committee for license approval. act. chapter. act chapter shall notify the committee in writing when the individual retires from practice. act, chapter, the supervising radiologist and the radiologist assistant shall submit, on forms approved by the board, the following information: act. chapter. act chapter shall be deposited into the fund. All money in the fund shall, upon appropriation by the Legislature, be used by the board to carry out the purposes of this chapter.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Bill Title: Law enforcement uniforms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-30 - Chaptered by Secretary of State. Chapter 336, Statutes of 2020. [SB480 Detail]
Download: California-2019-SB480-Amended.html
|
Amended
IN
Senate
January 09, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 480
| Introduced by Senator Archuleta |
February 21, 2019 |
An act to add and repeal Section 2072 of, and to add Chapter 8.5 (commencing with Section 3800) to Division 2 of of, the Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 480, as amended, Archuleta.
Radiologist assistants.
Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law also The act authorizes a medical assistant, as defined, to perform specified treatment activities under designated conditions, and requires the board to adopt and administer regulations that establish standards for technical supportive services that medical assistant is authorized to perform. Existing law, the Radiologic Technology Act, provides for the certification and regulation of radiologic technologists by the State Department of Public Health.
This bill would establish the Radiologist
Assistant Practice Act, to be administered by the Radiologist Assistant Committee of the Medical Board of California, which would be established by the bill. The bill would establish the duties of the committee, including considering the qualifications of individuals who apply for licensure under the act and granting licenses, and would specify duties of the Medical Board of California, including establishing reasonable fees for licensure and license renewal, to be deposited in the Radiologist Assistant Fund, which would be established by the bill. The bill would require money in the fund to be available upon appropriation by the Legislature to implement and administer the provisions of the act. The bill would establish requirements for licensure as a radiologist assistant, including completion of an approved education program and passing an examination. The bill would prescribe requirements for supervision of a radiologist assistant by a radiologist, would prohibit a radiologist assistant from performing
specified acts, and would make a violation of the act’s provisions a misdemeanor, and, under specified circumstances, subject to a specified civil penalty. By creating a new crime, the bill would impose a state-mandated local program.
The bill, until January 1, 2023, would require the board to establish the Radiologist Assistant Advisory Committee for the purpose of identifying the appropriate training, qualifications, and scope of practice for individuals providing assistance to radiologists. The bill would require the advisory committee to research and recommend potential statutory changes to grant expanded practice authority to certified radiologic technologists or medical assistants working under the supervision of a radiologists, as specified, and would require the advisory committee to submit a report of the research and recommendations of the advisory committee to the board,
the Governor, and the Legislature on or before January 1, 2022. The bill would require the Medical Board of California and the Department of Public Health to adopt regulations to implement these recommendations.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2072 is added to the Business and Professions Code, to read:2072.
(a) The board shall establish the Radiologist Assistant Advisory Committee for the purpose of identifying the appropriate training, qualifications, and scope of practice for individuals providing assistance to radiologists.(b) For purposes of this section, “radiologist” means a physician and surgeon licensed by the board who is certified or eligible for certification by the American Board of Radiology.
(c) The Radiologist Assistant Advisory Committee shall be composed of the following:
(1) Two members of the board who shall be appointed by the board.
(2) One member of the Department of Public Health Radiologic Technology Certification Committee who shall be appointed by the Director of Public Health.
(3) One representative from the California Department of Veterans Affairs with direct experience assisting veterans in utilizing military training and experience for civilian job and career opportunities who shall be appointed by the Secretary of the California Department of Veterans Affairs.
(4) Two radiologists, at least one of whom is representative of the hospital practice of radiology, who shall be appointed by the Governor.
(5) Two radiologic technologists who have been certified pursuant to Section 114870 of the Health and Safety Code for at least five years who shall be appointed by the Governor.
(6) Two representatives of a radiologic technology training program or radiologist assistant training program who shall be appointed by the Governor.
(7) One member who shall be appointed by the Speaker of the Assembly.
(8) One member who shall be appointed by the Senate Committee on Rules.
(d) The Radiologist Assistant Advisory Committee shall research and recommend potential statutory changes to grant expanded practice authority to certified radiologic technologists or medical assistants working under the supervision of a radiologist by doing all of the following:
(1) Analyzing the effectiveness of the practice of medical assistants authorized pursuant to this chapter and the practice of
radiologist assistants authorized pursuant to Chapter 8.5 (commencing with Section 3800).
(2) Determining the appropriateness of specialty medical assistant licensure.
(3) Determining necessary revisions, if any, to regulations adopted pursuant to Sections 2071 and 3817 to promote workforce development in the field and ensure patient access to services.
(4) Evaluating, if appropriate, the regulatory recognition of radiologist assistants in other states.
(5) Evaluating where equivalencies in military training and experience exist and where the transfer of skills gained through military service may be utilized in determining the requirements for work in radiographic technology, including as a radiologist assistant, and in the medical assistant field.
(e) Members of the Radiologist Assistant Advisory Committee shall serve without compensation.
(f) (1) The Radiologist Assistant Advisory Committee shall submit a report that includes the research and recommendations specified in subdivision (d) to the board, the Governor, and the Legislature on or before January 1, 2022. Any reports submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(2) The Radiologist Assistant Advisory Committee shall serve in an advisory capacity, but the board and Department of Public Health shall adopt regulations to implement relevant recommendations and information contained in the report required by paragraph (1).
(g) This section shall be repealed
on January 1, 2023.
SECTION 1.SEC. 2.
Chapter 8.5 (commencing with Section 3800) is added to Division 2 of the Business and Professions Code, to read:CHAPTER 8.5. Radiologist Assistant Practice Act
Article 1. General Provisions
3800.
This chapter shall be known and cited as the Radiologist Assistant Practice Act.3801.
This article does not apply to any of the following:(a) A radiologist assistant trainee or a student enrolled in a radiologist assistant approved educational program.
(b) A radiologist assistant employed in the service of the federal government while performing duties incident to that employment.
(c) A health care professional, technician, or other assistant or employee of a physician and surgeon who performs delegated tasks in the office of a physician and surgeon, but who does not render services as a radiologist assistant or profess to be a radiologist
assistant.
3802.
This act grants a supervising radiologist or radiologist designee the authority to delegate, as the radiologist determines is appropriate, those tasks or services the radiologist typically performs and is qualified to perform.3803.
This act does not grant authority to a radiologist assistant to function independently of a radiologist’s supervision.3804.
(a) “Approved educational program” means an educational program for radiologist assistants approved by the committee.(b) “Board” means the Medical Board of California.
(c) “Committee” means the Radiologist Assistant Committee established by this act. chapter.
(d) “Interpret” means to identify and classify a medical image pattern that results in the creation of a final
diagnosis and final report.
(e) “Radiologist assistant” means an individual who meets the qualifications of, and is licensed under, this act. chapter.
(f) “Radiologist designee” means a physician and surgeon who works, or is trained, in the same practice area as the practice area of the supervising radiologist and to whom responsibility for the supervision of a radiologist assistant is temporarily designated when the supervising radiologist is unavailable.
(g) “Supervising radiologist” means a physician and surgeon licensed by the board and certified by
the American Board of Radiology who supervises, and is responsible for, a radiologist assistant.
(h) “Supervision” means overseeing the activities of and accepting responsibility for, the medical services rendered or performed by a radiologist assistant. The term includes the use of protocols, guidelines, levels of supervision, and standing orders developed or approved by the supervising radiologist.
(i) “Trainee” means an individual who is currently enrolled in an approved radiologist assistant program.
Article 2. Administration
3811.
There is established a Radiologist Assistant Committee of the Medical Board of California. The committee shall consist of five members appointed by the governor for three-year terms as follows:(a) Three radiologist assistants who are residents of the state, have at least two years of experience as radiologist assistants, and are licensed or meet the requirements for licensure under this chapter.
(b) One radiologist licensed in this state who supervises the practice of radiologist assistants.
(c) One public member who is not associated with radiologist assistants
in any way other than as a consumer.
3812.
A radiologist assistant appointed to the committee is required to continue to practice as a radiologist assistant while serving as a member of the committee. A member of the committee may be removed by the Governor for misconduct, neglect of duty, or incompetence.3813.
The initial terms of appointment of the members of the committee shall be as follows:(a) One radiologist assistant for a one-year term.
(b) One radiologist assistant for a two-year term.
(c) One radiologist assistant for a three-year term.
(d) One radiologist for a two-year term.
(e) One public member for a three-year term.
3814.
(a) The committee shall have regular meetings, called upon the request of the president of the board or by a majority of the members appointed to the committee, and upon the advice and consent of the executive director of the board for the transaction of business that comes before the committee under this article.(b) At the first committee meeting of each calendar year, the committee shall elect a chief and any other officer considered necessary by the committee by an affirmative vote of a majority of the members appointed to the committee.
3815.
Three members of the committee constitute a quorum. An affirmative vote of a majority of the members appointed to the committee is required for the committee to take action on any business.3816.
It shall be the duty of the committee to do all of the following:(a) Consider the qualifications of individuals who apply for an initial license under this article.
(b) Approve or reject license applications and license renewal applications.
(c) Propose rules to the board concerning the competent practice of radiologist assistants and the administration of this article.
(d) Recommend to the board the amounts of fees required under this article.
3817.
After considering the committee’s proposed rules, the board shall adopt rules establishing standards for the following:(a) The competent practice of radiologist assistants.
(b) The renewal of licenses issued under this article. chapter.
(c) Standards for the administration of this article.
chapter.
3818.
After considering the committee’s recommendations for fees, the board shall establish reasonable fees to be imposed to administer the provisions of this3819.
Each member of the committee shall receive a per diem and expenses as provided in Section 103.Article 3. Licensure
3821.
An individual shall be licensed by the committee before the individual engages in practice as a radiologist assistant. The committee shall grant a license as a radiologist assistant to an applicant who meets all of the following requirements:(a) Submits an application on forms approved by the committee.
(b) Pays the fee established by the board.
(c) Satisfies either of the following:
(1) Successfully completed an approved educational program for radiologist assistants and passed an examination approved by the
board.
(2) Passed the radiology practitioner assistant examination administered by the Certification Board for Radiology Practitioner Assistants or another examination approved by the committee by a successor or comparable entity, and maintains current registration with the Certification Board for Radiology Practitioner Assistants or a successor or comparable entity. The committee shall ensure the examination evaluates the knowledge and skills necessary to ensure the protection of the public.
(d) Possesses a state license in radiography.
(e) Submits to the committee any other information the committee considers necessary to evaluate the applicant’s qualifications.
(f) Presents satisfactory evidence to the committee that the individual has not been engaged in an act that would constitute grounds for discipline or be the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the individual was not able to practice as a radiologist assistant without endangering the public.
3822.
The committee may refuse to issue a license to an individual if the individual has been disciplined by an administrative agency in another jurisdiction or has been convicted of a crime and the committee determines the act for which the individual was disciplined or convicted has a direct bearing on the individual’s ability to practice competently as a radiologist assistant.3823.
(a) The committee may grant a temporary license to an applicant who meets the qualifications for licensure under this(b) A temporary license is valid until the committee makes a final decision on the applicant’s request for a license.
3824.
(a) A license issued by the committee expires two years following the date of issue.(b) An individual may renew a license by paying a renewal fee on or before the expiration date of the license.
(c) If an individual fails to pay a renewal fee on or before the expiration date of a license, the license becomes invalid and shall be returned to the committee.
3825.
The committee shall reinstate an invalid license up to three years after the expiration date of the license if the individual holding the invalid license meets the requirements under this3826.
(a) An individual who is licensed under this(b) Upon receipt of the notice, the committee shall record the fact that the individual is retired and release the individual from further payment of renewal fees.
3827.
If an individual surrenders a license to the committee, the committee may reinstate the license upon written request by the individual. The committee may impose conditions on the license that the committee deems are appropriate to the reinstatement. An individual may not surrender a license without written approval by the committee if a disciplinary proceeding under this article is pending against the individual.3828.
(a) A radiologist assistant who notifies the committee in writing may elect to place the radiologist assistant’s license on inactive status.(b) The renewal fee for an inactive license is one-half of the renewal fee to maintain an active license.
(c) If a radiologist assistant with an inactive license elects to activate the license, the radiologist assistant shall pay the renewal fee less any of the amount paid for the inactive license.
(d) An individual who holds a license under this article and who practices as a radiologist assistant while the
individual’s license has lapsed or if the individual’s license is on inactive status is considered to be practicing without a license and is subject to discipline.
3829.
Supervision by the supervising radiologist or the radiologist designee shall be continuous and the supervising radiologist or the radiologist designee shall be physically present in the radiologist assistant’s practice site to render direction or assistance in the performance of a patient procedure. A supervising radiologist shall determine the level of supervision of a radiologist assistant performing a procedure based on a radiologist assistant’s technical ability, the procedure, the patient’s history and clinical presentation, and other relevant factors.3830.
A radiologist shall not supervise more than two radiologist assistants at the same time.3831.
It is the obligation of each supervising radiologist to ensure the following:(a) That the radiologist assistant’s scope of practice is identified.
(b) That delegation of medical tasks is appropriate to the radiologist assistant’s level of competence and within the supervising radiologist’s scope of practice.
(c) That the relationship of, and access to, the supervising radiologist is defined.
(d) That a process for evaluating the radiologist assistant’s performance is established and
maintained.
3832.
(a) A supervising radiologist shall meet all of the following requirements:(1) Be licensed as a physician and surgeon to practice medicine in the state.
(2) Register with the committee the radiologist’s intent to supervise a radiologist assistant.
(3) Submit a statement to the committee that the radiologist shall exercise supervision over the radiologist assistant in accordance with rules adopted by the board and retain professional and legal responsibility for the care rendered by the radiologist assistant.
(4) Not have a disciplinary action restriction that limits the radiologist’s ability to supervise a radiologist assistant.
(5) (A) Maintain a written agreement with the radiologist assistant that states the radiologist shall do both of the following:
(i) Exercise supervision over the radiologist assistant in accordance with any rules adopted by the board.
(ii) Retain responsibility for the care rendered by the radiologist assistant.
(B) The agreement shall be signed by the supervising radiologist and radiologist assistant, updated annually, and made available to the committee upon
request.
(b) Except as provided in this section, this act chapter may not be construed to limit the employment arrangement with a supervising radiologist under this act. chapter.
3833.
(a) Before engaging in practice pursuant to this(1) The name, the business address, and the telephone number of the supervising radiologist.
(2) The name, the business address, and the telephone number of the radiologist assistant.
(3) A brief description of the setting in which the radiologist assistant will practice.
(4) Any other information required by the board.
(b) A radiologist assistant shall notify the committee of any changes or additions in practice sites or supervising radiologists not more than 30 days after the change or addition.
3834.
If a radiologist assistant is employed by a radiologist, a group of radiologists, or another legal entity, the radiologist assistant shall be supervised by, and be the legal responsibility of, the supervising radiologist. The legal responsibility for the radiologist assistant’s patient care activities are that of the supervising radiologist, including when the radiologist assistant provides care and treatment for patients in health care facilities. If a radiologist assistant is employed by a health care facility or other entity, the legal responsibility for the radiologist assistant’s actions is that of the supervising radiologist. A radiologist assistant employed by a health care facility or entity shall be supervised by a licensed radiologist.3835.
(a) This section applies to a radiologist assistant licensed in this state, licensed or authorized to practice in any other state or territory of the United States, or credentialed as a radiologist assistant by a federal employer.(b) As used in this section, “emergency” means an event or a condition that is an emergency, a disaster, or a public health emergency.
(c) A radiologist assistant who responds to a need for medical care created by an emergency may render care that the radiologist assistant is able to provide without the supervision required under this act,
chapter, but with such supervision as is available.
(d) A radiologist who supervises a radiologist assistant providing medical care in response to an emergency is not required to meet the requirements under this act chapter for a supervising radiologist.
Article 4. Prohibitions and Offenses
3840.
An individual may not do any of the following unless the individual is licensed as a radiologist assistant under this(a) Profess to be a radiologist assistant.
(b) Use the title “radiologist assistant.”
(c) Use the initials “R.A.” or any other words, letters, abbreviations, or insignia indicating or implying that the individual is a radiologist assistant licensed under this act.
chapter.
