Bill Text: NJ S788 | 2010-2011 | Regular Session | Introduced
Bill Title: Concerns radiologic technology licensure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-06-29 - Received in the Assembly, Referred to Assembly Regulated Professions Committee [S788 Detail]
Download: New_Jersey-2010-S788-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
SYNOPSIS
Concerns radiologic technology licensure.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning radiologic technology licensure and amending and supplementing P.L.1981, c.295.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1981, c.295 (C.26:2D-24) is amended to read as follows:
1. The Legislature hereby finds and declares that the citizens of the State of New Jersey are entitled to the maximum protection practicable from the harmful effects of excessive and improper exposure to ionizing and non-ionizing radiation; that the protection can be increased by requiring appropriate training and experience of persons operating medical equipment emitting ionizing and non-ionizing radiation and requiring them to operate the equipment under the specific direction of a licensed practitioner; that the use of radiation in medicine is one of the most dynamic industries in the modern technological world; and that it is therefore necessary to establish standards of education, training and experience for these operators and to provide for the appropriate examination and certification thereof.
(cf: P.L.1981, c.295, s.1)
2. Section 3 of P.L.1981, c.295 (C.26:2D-26) is amended to read as follows:
3. As used in [this act] P.L.1981, c.295 (C.26:2D-24 et seq.) :
a. "Board" means the Radiologic Technology Board of Examiners created pursuant to section 5 of [this act] P.L.1981, c.295 (C.26:2D-28) .
b. "License" means a certificate issued by the board or commission authorizing the licensee to use equipment emitting ionizing or non-ionizing radiation on human beings for diagnostic or therapeutic purposes in accordance with the provisions of this act.
c. "Chest [x-ray] radiologic technologist" means a person, other than a licensed practitioner, whose practice of radiologic technology is limited to the chest area for diagnostic purposes only.
d. "Commissioner" means the Commissioner of Environmental Protection.
e. "Dental [x-ray] radiologic technologist" means a person, other than a licensed practitioner, whose practice of radiologic technology is limited to intraoral or extraoral radiography for diagnostic purposes only.
f. "Health physicist" means a person who is certified by the American Board of Health Physics or the American Board of Radiology in radiation physics.
g. "Licensed practitioner" means a person licensed or otherwise authorized by law to practice medicine, dentistry, dental hygiene, podiatric medicine, osteopathy or chiropractic.
h. "Radiation [therapy technologist] therapist " means a person, other than a licensed practitioner, whose application of radiation on human beings is for therapeutic purposes.
i. "Diagnostic [x-ray] radiologic technologist" means a person, other than a licensed practitioner, whose application of radiation on human beings is for diagnostic purposes.
j. "Radiologic technologist" means any person who is licensed pursuant to [this act ] P.L.1981, c.295 (C.26:2D-24 et seq.) .
k. "Radiologic technology" means the use of equipment emitting ionizing or non-ionizing radiation on human beings for diagnostic or therapeutic purposes under the supervision of a licensed practitioner , which includes activating or terminating the radiation exposure, setting or adjusting technical factors, setting or adjusting the size of the exposure field, and positioning patients for diagnostic or therapeutic procedures .
l. "Podiatric [x-ray] radiologic technologist" means a person, other than a licensed practitioner, whose practice of radiologic technology is limited to the operation of x-ray machines as used by podiatrists on the lower leg, foot and ankle area for diagnostic purposes only.
m. "Orthopedic [x-ray] radiologic technologist" means a person, other than a licensed practitioner, whose practice of radiologic technology is limited to the spine and extremities for diagnostic purposes only.
n. "Urologic [x-ray] radiologic technologist" means a person, other than a licensed practitioner, whose practice of radiologic technology is limited to the abdomen and pelvic area for diagnostic purposes only.
o. "Commission" means the Commission on Radiation Protection, in the Department of Environmental Protection, created pursuant to section 3 of P.L.1958, c.116 (C.26:2D-3).
(cf: P.L.2005, c.259, s.31)
3. Section 4 of P.L.1981, c.295 (C.26:2D-27) is amended to read as follows:
4. a. Except as hereinafter provided, no person other than a licensed practitioner or the holder of a license as provided in [this act] the "Radiologic Technologist Act," P.L.1981, c.295 (C.26:2D-24 et seq.), shall [use x-rays on a human being] engage in the practice of radiologic technology .
b. A person holding a license as a diagnostic [x-ray] radiologic technologist may use the title "licensed radiologic technologist" or the letters (LRT) (R) after his name. No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed diagnostic [x-ray] radiologic technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed diagnostic radiologic technologist.
c. A person holding a limited license as a chest [x-ray] radiologic technologist may use the title "licensed chest [x-ray] radiologic technologist" or the letters (LRT)(C) after his name. No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed chest [x-ray] radiologic technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed chest [x-ray] radiologic technologist.
d. A person holding a limited license as a dental [x-ray] radiologic technologist may use the title "licensed dental [x-ray] radiologic technologist" or the letters (LRT)(D) after his name. No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed dental [x-ray] radiologic technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed dental [x-ray] radiologic technologist.
e. A person holding a license as a [radiation therapy technologist] radiation therapist may use the title "licensed [therapy technologist] radiation therapist " or (LRT)(T) after his name. No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed [therapy technologist] radiation therapist ; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed [therapy technologist] radiation therapist .
f. A person holding a license as provided by this act shall use medical equipment emitting ionizing or non-ionizing radiation , or both, on human beings only for diagnostic or therapeutic purposes on a case by case basis at the specific direction of a licensed practitioner, and only if the application of the equipment is limited in a manner hereinafter specified.
g. Nothing in the provisions of [this act] P.L.1981, c.295 (C.26:2D-24 et seq.) relating to radiologic technologists shall be construed to limit, enlarge or affect, in any respect, the practice of their respective professions by duly licensed practitioners.
h. The requirement of a license shall not apply to a hospital resident specializing in radiology, who is not a licensed practitioner in the State of New Jersey, or a student enrolled in and attending a school or college of medicine, osteopathy, podiatric medicine, dentistry, dental hygiene, dental assistance, chiropractic or radiologic technology, who applies radiation to a human being while under the direct supervision of a licensed practitioner.
The requirement of a license shall not apply to any person who applies non-ionizing radiation to a person, where no license requirements have been established therefor, by the commission or any other State or federal law, rule, or regulation.
i. A person holding a license as a diagnostic [x-ray] radiologic technologist and a license as a [radiation therapy technologist] radiation therapist may use the letters (LRT)(R)(T) after his name.
j. A person holding a limited license as a podiatric [x-ray] radiologic technologist may use the title "licensed podiatric [x-ray] radiologic technologist" or the letters (LRT)(P) after his name. No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed podiatric [x-ray] radiologic technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed podiatric [x-ray] radiologic technologist.
k. A person holding a limited license as an orthopedic [x-ray] radiologic technologist may use the title "licensed orthopedic [x-ray] radiologic technologist" or the letters (LRT)(O) after his name. No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed orthopedic [x-ray] radiologic technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed orthopedic [x-ray] radiologic technologist.
l. A person holding a limited license as a urologic [x-ray] radiologic technologist may use the title "licensed urologic [x-ray] radiologic technologist" or the letters (LRT)(U) after his name. No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed urologic [x-ray] radiologic technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed urologic [x-ray] radiologic technologist.
m. The commission may establish, through rules and regulations adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any new radiologic technology licensure categories and qualifications that would apply to these categories to address new and emerging ionizing and non-ionizing radiologic technologies not specifically identified in this section, and shall be authorized to recognize any state or national certification in radiologic technology in lieu of licensure. Through these rules and regulations, the commission shall establish the title of any new licensure category, its scope of practice, and the appropriate letters that may be used after the licensee's name to denote the title and qualifications.
(cf: P.L.2005, c.259, s.32)
4. (New section) Within one year after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commission on Radiation Protection shall evaluate the practice of image fusion radiologic technology, or fusion imaging, for possible recognition, certification, and licensure pursuant to subsection m. of section 4 of P.L.1981, c.295 (C.26:2D-27).
5. Section 6 of P.L.1981, c.295 (C.26:2D-29) is amended to read as follows:
6. a. [The] (1) For license categories involving ionizing radiation, the board shall admit to examination for licensing any applicant who shall pay [to] the department a nonrefundable fee established by rule of the commission , and submit satisfactory evidence, verified by oath or affirmation, that the applicant:
[(1)] (a) At the time of application is at least 18 years of age;
[(2)] (b) Is of good moral character; and
[(3)] (c) Has successfully completed a four-year course of study in a secondary school approved by the State Board of Education, or [passed an approved equivalency test] the equivalent, as determined by the board.
(2) For license categories involving non-ionizing radiation, the department shall admit to examination for licensing any applicant who shall pay the department a nonrefundable fee established by rule of the commission, and submit satisfactory evidence, verified by oath or affirmation, that the applicant:
(a) At the time of application is at least 18 years of age;
(b) Is of good moral character; and
(c) Has successfully completed a four-year course of study in a secondary school approved by the State Board of Education, or the equivalent, as determined by the commission .
b. In addition to the requirements of subsection a. hereof, any person seeking to obtain a license in a specific area of radiologic technology must comply with the following requirements:
(1) Each applicant for a license as a diagnostic [x-ray] radiologic technologist [(LRT)(R)] (LRT(R)) shall have satisfactorily completed a 24-month course of study in radiologic technology approved by the board or its equivalent, as determined by the board.
(2) Each applicant for a license as a [therapy technologist] radiation therapist (LRT(T)) shall have satisfactorily completed a 24-month course in radiation therapy technology approved by the board or the equivalent of such, as determined by the board.
(3) Each applicant for a license as a chest [x-ray] radiologic technologist (LRT(C)) shall have satisfactorily completed the basic curriculum for chest radiography as approved by the board or its equivalent, as determined by the board.
(4) Each applicant for a license as a dental [x-ray] radiologic technologist (LRT(D)) shall have satisfactorily completed the curriculum for dental radiography as approved by the board or its equivalent, as determined by the board.
(5) Each applicant for a license as a podiatric [x-ray] radiologic technologist (LRT(P)) shall have satisfactorily completed the basic curriculum for podiatric radiography as approved by the board or its equivalent, as determined by the board.
(6) Each applicant for a license as an orthopedic [x-ray] radiologic technologist (LRT(O)) shall have satisfactorily completed the basic curriculum for orthopedic radiography as approved by the board or its equivalent, as determined by the board.
(7) Each applicant for a license as an urologic [x-ray] radiologic technologist (LRT(U)) shall have satisfactorily completed the basic curriculum for urologic radiography as approved by the board or its equivalent, as determined by the board.
(8) Each applicant for a license category involving the use of ionizing radiation, established by the commission pursuant to subsection m. of section 4 of P.L.1981, c.295 (C:26:2D-27), shall have satisfactorily completed the curriculum for that license category approved by the board or its equivalent, as determined by the board.
(9) Each applicant for a license category involving non-ionizing radiation, established by the commission pursuant to subsection m. of section 4 of P.L.1981, c.295, shall have satisfactorily completed the curriculum for that license category approved by the commission or its equivalent, as determined by the commission.
c. [The board shall establish criteria and standards for programs of diagnostic or radiation therapy and approve these programs upon a finding that the standards and criteria have been met.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
(cf: P.L.1985, c.540, s.4)
6. Section 7 of P.L.1981, c.295 (C.26:2D-30) is amended to read as follows:
7. a. The program of diagnostic [x-ray] radiologic technology shall be at least a 24-month course or its equivalent, as determined by the board. The curriculum for this course may follow the [Committee on Allied Health Education and Accreditation (CAHEA)] standards of the Joint Review Committee on Education in Radiologic Technology (JRCERT), or its successor, or the standards of any other accrediting agency approved by the board ; provided that the standards are not in conflict with board policies.
b. The program of radiation therapy [technology] shall be at least a 24-month course of study or its equivalent, as determined by the board. The curriculum for the course may follow the [Committee on Allied Health Education and Accreditation (CAHEA)] standards of the Joint Review Committee on Education in Radiologic Technology (JRCERT), or its successor, or the standards of any other accrediting agency approved by the board ; provided that the standards are not in conflict with board policies.
c. (1) The board shall establish criteria and standards for [programs of chest radiography, podiatric radiography, orthopedic radiography, urologic radiography and dental radiography] educational programs involving ionizing radiation, and approve the programs upon a finding that the standards and criteria have been met.
(2) The commission shall establish criteria and standards for educational programs involving the use of non-ionizing radiation, and approve the programs upon finding that the standards and criteria have been met.
d. An approved program of radiologic technology may be offered by a medical or educational institution or other public or private agency or institution, and, for the purpose of providing the requisite clinical experience, shall be affiliated with one or more hospitals or other medical facilities that, in the opinion of the board or the commission , are likely to provide the requisite clinical experience.
(cf: P.L.1985, c.540, s.5)
7. Section 8 of P.L.1981, c.295 (C.26:2D-31) is amended to read as follows:
8. a. Each applicant shall be required to pass a license examination designated and approved by the board or the department, as applicable, for [his] that specialty.
b. The board or the department shall [hold] offer an examination at least once every [6] six months at times and places as the board or the department may determine.
c. An applicant who fails to pass the examination may reapply for the examination [;] , provided the applicant complies with the conditions established by the board or the department .
d. The board or the department may accept, in lieu of its own examination, a current certificate of the American Registry of Radiologic Technologists issued on the basis of a registry examination satisfactory to the board or the department , provided that the standards of that agency are at least as stringent as those established by the board or the department .
e. The board or the department may accept, in lieu of its own examination, a current certificate, registration or license as a radiologic technologist issued by another state, provided that the standards in the other state are at least as stringent as those established by the board or the department .
f. The board may accept, in lieu of its own examination, a current certificate of the New Jersey State Board of Dentistry issued on the basis of satisfactory completion of the certification examination given by the Certifying Board of the American Dental [Assistants'] Assistants Association and any educational requirements as may be prescribed by the New Jersey State Board of Dentistry, provided that the standards of that association are at least as stringent as those established by the board.
(cf: P.L.1981, c.295, s.8)
8. Section 9 of P.L.1981, c.295 (C.26:2D-32) is amended to read as follows:
9. a. [The] (1) For license categories involving ionizing radiation, the board shall issue a license to each candidate who has paid the prescribed fee and has either successfully passed the examination, or who has paid the prescribed fee and has qualified under subsection d., e. or f. of section 8 of [this act] P.L.1981, c.295 (C.26:2D-31).
The board may, in its discretion, issue a limited license to any applicant who does not qualify, by reason of a restricted area or duration of training and experience, for the issuance of a license under the provisions of this paragraph or other applicable sections of P.L.1981, c.295 (C.26:2D-24 et seq.), but who has demonstrated to the satisfaction of the board by examination that the applicant is capable of performing the functions of a radiologic technologist in any of the limited radiologic technology categories. A limited license shall specify the activities that its holder may engage in, and shall be issued only if the board finds that its issuance would not violate the purposes of P.L.1981, c.295 or tend to endanger the public health and safety.
The board may, in its discretion, issue a temporary license to any person whose license or re-license may be pending and in whose case the issuance of a temporary license may be justified by reason of special circumstances. A temporary license shall be issued only if the board finds that its issuance would not violate the purposes of this act or tend to endanger the public health and safety. A temporary license shall expire 90 days after issuance.
(2) For license categories involving non-ionizing radiation, the Department of Environmental Protection shall issue a license to each candidate who has paid the prescribed fee and has either successfully passed the examination in any radiologic technology licensure category or categories established by the commission pursuant to subsection m. of section 4 of P.L.1981, c.295 (C.26:2D-27), or has qualified under subsection d., e. or f. of section 8 of P.L.1981, c.295 (C.26:2D-31).
The department may, in its discretion, issue a temporary license to any person whose license or re-license may be pending and in whose case the issuance of a temporary license may be justified by reason of special circumstances. A temporary license shall be issued only if the commission finds that its issuance would not violate the purposes of P.L.1981, c.295 or tend to endanger the public health and safety. A temporary license shall expire 90 days after issuance .
b. [The board may, in its discretion, issue a limited license to any applicant who does not qualify, by reason of a restricted area or duration of training and experience, for the issuance of a license under the provisions of section 7 or 9 of this act, but who has demonstrated to the satisfaction of the board by examination that he is capable of performing the functions of a radiologic technologist in chest x-ray technology or of acting as a dental x-ray technologist, orthopedic x-ray technologist, urologic x-ray technologist or podiatric x-ray technologist. A limited license shall specify the activities that its holder may engage in, and shall be issued only if the board finds that its issuance will not violate the purposes of this act or tend to endanger the public health and safety.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
c. [The board may, in its discretion, issue a temporary license to any person whose license or relicense may be pending and in whose case the issuance of a temporary license may be justified by reason of special circumstances. A temporary license shall be issued only if the board finds that its issuance will not violate the purposes of this act or tend to endanger the public health and safety. A temporary license shall expire 90 days after the date of the next examination, if the applicant is required to take the same, or, if the applicant does not take the examination, then on the date of the examination. In all other cases, a temporary license shall expire when the determination is made either to issue or deny the applicant a regular license and in no event shall a temporary license be issued for a period longer than 180 days. ] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
d. Every radiologic technologist shall carry his current license on his person at work. The license shall be displayed on request.
(cf: P.L.1985, c.540, s.6)
9. Section 10 of P.L.1981, c.295 (C.26:2D-33) is amended to read as follows:
10. a. All licenses are renewable on December 31 of every even numbered year following the year of its issuance. A license shall be renewed by the board for a period of [2] two years upon payment of a renewal fee in an amount to be determined by rule of the commission.
b. A radiologic technologist who has been heretofore duly licensed in this State and whose license has not been revoked or suspended, and who has temporarily ceased his activities as a radiologic technologist for not more than [5] five years, may apply for the reissuance of a license upon compliance with the application provisions of [this act] P.L.1981, c.295 (C.26:2D-24 et seq.), including payment of any outstanding fee.
c. Any person who, as of the effective date of [this act] P.L.1981, c.295 (C.26:2D-24 et seq.) , holds an unlimited certificate as a certified x-ray technologist (CXT) issued pursuant to P.L.1968, c. 291 shall be licensed as both a diagnostic [x-ray] radiologic technologist and radiation [therapy technologist] therapist until the expiration date of that certificate. Any person who, as of the effective date of [this act] P.L.1981, c.295 , holds a limited certificate in chest x-ray, dental x-ray or radiation therapy pursuant to P.L.1968, c.291 shall be licensed in that category until the expiration date of that certificate.
d. All CXT certifications shall be renewed by the board by the issuance of a license as a diagnostic [x-ray] radiologic technologist. All limited certificates shall be renewed only by the issuance of a license in the same limited category.
e. Within [5] five years of the effective date of [this act] P.L.1981, c.295 (C.26:2D-24 et seq.) , the board may issue a license as a radiation [therapy technologist] therapist to anyone upon the expiration of his CXT certificate upon the submission of a separate application accompanied by such information as required by the board and a fee as established by regulation.
(cf: P.L.1981, c.295, s.10)
10. This act shall take effect on the 180th day after the date of enactment.
STATEMENT
This bill would amend the "Radiologic Technologist Act," P.L.1981, c.295 (C.26:2D-24 et seq.) to update the licensure terminology and differentiate between ionizing and non-ionizing radiation licensure requirements.
Under this bill, the Commission on Radiation Protection, in the Department of Environmental Protection, would be authorized to establish any new radiologic technology licensure categories and qualifications to address new and emerging ionizing and non-ionizing radiologic technologies, and would be authorized to recognize any state or national certification in radiologic technology in lieu of licensure. The commission would establish the title of any new licensure category, its scope of practice, and the appropriate letters that may be used after the licensee's name to denote the title and qualifications. Within one year after the date of enactment of this bill into law, the commission would evaluate the practice of image fusion radiologic technology, or fusion imaging, for possible recognition, certification, and licensure.
For disciplines involving non-ionizing radiation, the Department of Environmental Protection would have the authority to issue a license to each candidate who has paid the prescribed fee and has successfully passed the examination in any radiologic technology licensure category established by the commission, and may issue a temporary license under certain circumstances, which would expire 90 days after issuance.
For disciplines involving ionizing radiation, the Radiologic Technology Board of Examiners would have the authority to issue a temporary license under certain circumstances, which would expire 90 days after issuance. The board may also issue a limited license to any applicant who does not qualify, under certain circumstances, for the issuance of a license but who has demonstrated to the satisfaction of the board by examination that the applicant is capable of performing the functions of a radiologic technologist in any of the limited radiologic technology categories.
Additionally, this bill would amend current law to allow the curriculum for diagnostic radiologic technology and radiation therapy to follow the standards of the Joint Review Committee on Education in Radiologic Technology (JRCERT), instead of the Committee on Allied Health Education and Accreditation (CAHEA), and would distinguish between ionizing and non-ionizing radiation licensure examination requirements.
