S 636 Session 110 (1993-1994)
S 0636 General Bill, By Leventis
Similar(H 3858)
A Bill to amend Title 40, Code of Laws of South Carolina, 1976, by adding
Chapter 62 so as to enact the Medical Radiation Health and Safety Act; to
create the South Carolina Radiologic Technologists Board of Examiners; to
provide for its members, powers, and duties; to establish licensing
requirements, penalties, and fees.
04/06/93 Senate Introduced and read first time SJ-7
04/06/93 Senate Referred to Committee on Labor, Commerce and
Industry SJ-7
A BILL
TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE
MEDICAL RADIATION HEALTH AND SAFETY ACT; TO CREATE
THE SOUTH CAROLINA RADIOLOGIC TECHNOLOGISTS
BOARD OF EXAMINERS; TO PROVIDE FOR ITS MEMBERS,
POWERS, AND DUTIES; TO ESTABLISH LICENSING
REQUIREMENTS, PENALTIES, AND FEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that in the interest of public
health, the citizens of this State should be protected from excessive and
improper exposure to ionizing radiation. It is the purpose of this act to
establish minimum standards of education and to provide for the
appropriate examination and licensure of persons operating medical and
dental equipment emitting ionizing radiation.
SECTION 2. Title 40 of the 1976 Code is amended by adding:
"CHAPTER 62
Radiologic Technologists
Section 40-62-10. This chapter may be cited as the `Medical
Radiation Health and Safety Act'.
Section 40-62-20. As used in this chapter:
(1) `Board' means the South Carolina Radiologic
Technologists Board of Examiners.
(2) `License' means a certificate issued by the board authorizing the
licensee to use radioactive materials or equipment emitting ionizing
radiation on humans for diagnostic or therapeutic purposes in
accordance with the provisions of this chapter.
(3) `Licensed practitioner' means a person licensed to practice
medicine, dentistry, podiatry, chiropractic, or osteopathy in this State.
(4) `Nuclear medicine technologist' means a person, other than a
licensed practitioner, who prepares and administers radiopharmaceutical
agents to humans for diagnostic and therapeutic purposes.
(5) `Radiation therapist' means a person, other than a licensed
practitioner, who applies radiation to humans for therapeutic purposes.
(6) `Radiographer' means a person, other than a licensed
practitioner, who applies radiation to humans for diagnostic purposes.
(7) `Radiologic technologist' means a person who is a radiographer
or radiation therapist, or nuclear medicine technologist, licensed under
this chapter.
(8) `Temporary license' means a certificate issued by the board,
authorizing an applicant to use radioactive material or equipment
emitting ionizing radiation on humans for diagnostic or therapeutic
purposes, when the applicant's licensure or re-licensure is pending
before the board and when the issuance may be justified by special
circumstances as determined by the board.
Section 40-62-30. (A) No person, other than a licensed
practitioner, or a radiologic technologist licensed under this chapter, may
use ionizing radiation or equipment emitting or detecting ionizing
radiation on humans for diagnostic or therapeutic purposes.
(B) No person knowingly may employ as a radiologic technologist
a person required by this chapter to hold a license who does not hold a
license issued under this chapter.
(C) No person holding a license issued under this chapter may use
radioactive substances or equipment emitting or detecting ionizing
radiation on humans for diagnostic or therapeutic purposes unless under
the direction and supervision of a licensed practitioner and unless so
directed by prescription of a licensed practitioner.
Section 40-62-40. (A) Nothing in this chapter limits, enlarges, or
affects the practice of a licensed practitioner.
(B) A resident physician or a student enrolled in and attending a
school or college of medicine, osteopathy, chiropractic, dentistry,
podiatry, or radiologic technology who applies ionizing radiation to
humans while under the supervision of a licensed practitioner or direct
supervision of a licensed radiologic technologist is not required to be
licensed under this chapter.
Section 40-62-50. There is created the South Carolina Radiologic
Technologists Board of Examiners which consists of seven members
appointed by the Governor. All members must be residents of this State.
Four of the members must be radiologic
technologists, one representative of each modality, with at least five
years' experience each; one member must be a consumer; one member
must be a physician who is licensed to practice in South Carolina who
has a special interest and knowledge in diagnostic radiology, radiation
oncology, or nuclear medicine; and one medical radiation physicist. The
radiologic technologists initially appointed to the board must be eligible
for licensure pursuant to this chapter; thereafter, radiologic technologists
appointed to the board must be licensed pursuant to this chapter. An
individual, group, or association may nominate qualified individuals to
the Governor for his consideration.
Section 40-62-60. The members shall serve for terms of three years
and until their successors are appointed and qualify; except that of the
members first appointed to the board, three shall service for three years,
three shall serve for two years,
and one shall serve for one year, and until their successors are appointed
and qualify. Vacancies shall be filled for an unexpired term in the
manner provided by original appointment. No person may serve as a
member of the board for more than two consecutive three-year terms,
except that if a person is appointed to fill an unexpired term on the
board, the person may be reappointed for two additional three-year
terms. The Governor, after notice and opportunity for hearing, may
remove a member of the board for neglect of duty, incompetence,
revocation or suspension of licensure, or other dishonorable conduct.
Members
of the board shall receive mileage, subsistence, and per diem provided
by law for members of state boards and commissions for each day
actually engaged in the duties of the office. These expenses must be
paid from the fees received by the board under this chapter.
Section 40-62-70. The board shall meet at least twice a year and at
other times upon the call of the chairman. Four members of the board
constitute a quorum, but no action of the board is valid unless authorized
by the affirmative vote of a majority of the members present. Each year
the board shall select from its membership a chairman, vice-chairman,
and secretary to serve one-year terms and until their successors are
elected.
Section 40-62-80. The board may employ staff as necessary for the
performance of its duties under this chapter and may expend its funds for
any purpose the board considers necessary for the proper performance
of its duties under this chapter.
Section 40-62-90. All revenues and income from licenses,
examination fees, sale of commodities and services, and income derived
from any other board source or activity must be remitted to the State
Treasurer as collected when practicable, but at least once each week and
must be credited to the general fund of the State. All assessments, fees,
or licenses must be levied in an amount at least equal to one hundred
fifteen percent of the amount appropriated in the annual general
appropriations act for the board.
Section 40-62-100. The annual report required by Chapter 73 must
be prepared and filed by the board in accordance with that chapter.
Section 40-62-110. The board:
(1) shall administer and enforce this chapter;
(2) shall promulgate regulations, in accordance
with the Administrative Procedures Act and after consultation with the
public and other concerned parties, to carry out the purposes of this
chapter, including, but not limited to, regulations relating to the
establishment of ethical standards of practice for persons holding a
license issued under this chapter;
(3) shall establish the licensure standards for a radiographer (R),
radiation therapist (T), nuclear medicine technologist (N), and temporary
license holder (L). Persons holding these licenses must be recognized
by this nomenclature;
(4) shall have the responsibility of evaluating the qualifications of,
supervising the examinations of, and making the appropriate
recommendation regarding the issuance of licenses to qualified
applicants;
(5) shall conduct hearings and keep records and
minutes necessary to carry out its functions and shall provide notice of
all hearings authorized under this chapter pursuant to the Administrative
Procedures Act.
(6) shall establish license and examination fees by regulation;
(7) may establish continuing professional education requirements
which are the same requirements as the American Registry of Radiologic
Technologists.
Section 40-62-120. The board shall admit to examination for
licensure an applicant who shall pay a nonrefundable fee established by
the board and submit satisfactory evidence, verified by oath or
affirmation, that the applicant:
(1) at the time of application is at least 18 years of age;
(2) has successfully completed four years of high school or its
equivalent;
(3) has successfully completed a minimum 24 month course of study
in radiography, nuclear medicine technology, or radiation therapy
approved by the National Accrediting Agency;
(4) has not, before or during the pendency of an application to the
board, been guilty of any act, omission, condition or circumstance which
would provide cause for disciplinary action under this chapter.
Section 40-62-130. (A) An applicant for licensure shall pass a
licensure examination designated and approved by the board which
covers the basic subject matter of radiologic technology, skills, and
techniques.
(B) The board shall hold an examination at least every six months at
times and places within the state of South Carolina as the board
considers necessary and appropriate.
(C) An applicant who fails the examination may
reapply for the examination provided the applicant complies with
regulations established by the board.
(D) Each application for examination for licensure must be
accompanied by the fee prescribed by the board.
Section 40-62-140. (A) The board may accept, in lieu of its own
examination, a current certificate by the American Registry of
Radiologic Technologists or other recognized national voluntary
credentialing body, issued on the basis of an examination satisfactory to
the board, if the
standards of the issuing body are at least as stringent as those established
by the board.
(B) The board may accept, in lieu of its own examination, a current
certificate, registration, or license as a radiologic technologist issued by
another state, if the standards in the other state are at least as stringent
as those established by the board.
Section 40-62-150. (A) The board shall issue a license to an
applicant who has successfully passed the board examination or has
otherwise been qualified under this chapter and has paid the prescribed
fees. The license is valid for two years from the date of its issuance.
(B) Upon application for examination for initial licensure, the board
may issue a temporary license to a graduate of an approved school who
meets the qualification for licensure, pending result of the first licensing
examination scheduled by the board following the applicant's
graduation. The temporary license expires thirty days after the board
gives written notice of the results of the examination held following the
issuance of the temporary license. A temporary license may not be
renewed or another issued to the same person.
(C) Holders of a license under this chapter shall display the official
license document or a verified copy in each place of regular
employment.
Section 40-62-160. (A) A license issued under this chapter must be
renewed every two years without examination upon application for
renewal on a form prescribed by the board. The applicant is responsible
for obtaining, completing, signing, and forwarding the renewal
application to the board with the required fee. Renewal of a license
issued under this chapter may be contingent upon the fulfillment of
continuing education requirements as promulgated in regulation by the
board in accordance with the Administrative Procedures Act.
(B) The board may deny an application for renewal for any reason
which would justify the denial of an original application for a license.
An application for renewal is considered delinquent and subject to a late
fee if it is not received within thirty days after the due date.
(C) A radiologic technologist whose license has lapsed and who has
ceased activities as a radiologic technologist for not more than two years
may have this license reinstated upon payment of the renewal fee
established by the board. The board may require, as a condition for
reinstatement, submission of evidence satisfactory to the board that the
applicant has fulfilled continuing education requirements as promulgated
by the board.
(D) When the license of a person has been revoked, reapplication to
the board may be made no sooner than two years after the date of the
board's order revoking the license.
Section 40-62-170. (A) The board may, upon its own motion, and
shall, upon the written complaint of an aggrieved person, investigate the
activities of an applicant or a person licensed under this chapter and may
deny, suspend, revoke, or otherwise
restrict a license or impose either a public or private reprimand, or other
discipline, if the board finds an applicant or licensed radiologic
technologist:
(1) is guilty of fraud or material deception in the procurement or
holding of a license;
(2) has been convicted of a felony in a court of competent
jurisdiction, either within or outside of this State, unless the conviction
has been reversed and the holder of the license discharged and acquitted;
or if the holder has been pardoned with full restoration of civil rights, in
which case the license must be restored;
(3) has knowingly aided or abetted a person, who is not a medical
radiologic technologist or otherwise authorized by this chapter to
perform the duties of a license holder under this chapter;
(4) has undertaken or engaged in any practice beyond the scope
of duties permitted a license holder under this chapter;
(5) has impersonated a licensee or former license holder or is
performing duties of a radiologic technologist under an assumed name;
(6) has sustained any medical problem, disability, or addiction
which, in the opinion of the board, would impair professional
competence;
(7) has interpreted a diagnostic image for a licensed practitioner,
a patient, the patient's family, or the public;
(8) has applied ionizing radiation to humans without a
prescription from a licensed practitioner;
(9) has applied ionizing radiation to humans without the direction
and supervision of a licensed practitioner;
(10) has failed to pay any applicable fees;
(11) has violated a law of another state regulating radiologic
technologists while visiting or residing in that state;
(12) has violated any provision of this chapter or regulation
promulgated under this chapter.
Section 40-62-180. For the purposes of an investigation or
proceeding under this chapter, the board or a person designated by the
board may administer oaths and affirmations, subpoena witnesses, take
testimony, and require the production of documents or records which the
board considers relevant to the inquiry. In the case of refusal to obey a
subpoena issued to a person, the court of common pleas, upon
application by the board, may issue an order requiring the person to
appear before the board, produce documentary evidence, and give other
evidence concerning the matter under inquiry.
Section 40-62-190. (A) Before the board imposes on a licensee a
sanction permitted by this chapter or denies issuance of a license to an
applicant, the board shall provide a hearing in accordance with Article
3, Chapter 23 of Title 1, the South Carolina Administrative Procedures
Act.
(B) The date of the hearing may not be less than thirty or more than
one hundred twenty days after
the date the licensee or applicant is notified of the charges.
(C) If a licensee or applicant fails to appear at a hearing after
reasonable notice, the board may proceed to hear the evidence against
the licensee or applicant and take action as if the licensee or applicant
had been present. A notice of hearing or final decision of the board in
a disciplinary proceeding must be served upon the licensee or applicant
by personal service or by certified mail, return receipt requested, to the
last known address of record on file with the board.
(D) A decision by the board to revoke or suspend a license or
certification or to restrict, limit, or otherwise discipline a licensee must
be by majority vote of the total membership of the board. A disciplinary
action is subject to review by the circuit court upon petition filed by the
licensee within thirty days from the date of delivery of the board's
decision to the licensee.
(E) A person who has exhausted all administrative remedies
available within this chapter and who is aggrieved by a final decision of
the board is entitled to judicial review in accordance with Article 3,
Chapter 23 of Title 1, the South Carolina Administrative Procedures
Act. The review is limited to the record established by the board
hearing.
(F) No stay or supersedeas may be granted for more than six months
pending appeal from a decision by the board to revoke, suspend, or
otherwise restrict a license.
Section 40-62-200. (A) When the board has sufficient evidence that
a person is violating a provision of this chapter, the board, in addition to
all other remedies, may issue a cease and desist order prohibiting a
person from violating the provisions of this chapter. The cease and
desist order is final ten days after it is issued unless the person to whom
the order is issued requests a hearing before the board.
(B) The violation of a cease and desist order of the board issued
under subsection (A) subjects the person violating the order to further
proceedings before the board, and the board may impose a fine not
exceeding three hundred dollars for each transaction constituting a
violation of the order. Each day's violation constitutes a separate
violation.
(C) Initial judicial review of the decision of the board entered
pursuant to this section is available solely in the circuit court of the
county of domicile of the board.
(D) Nothing in this section may be construed to prohibit the board
from seeking remedies otherwise available by statute without first
seeking a cease and desist order in accordance with this section.
Section 40-62-210. A person who violates a provision of this chapter,
or a regulation promulgated or order issued pursuant to this chapter, is
guilty of a misdemeanor and, upon conviction, must be fined not more
than three hundred dollars or imprisoned not more than six months, or
both.
Section 40-62-220. The South Carolina Radiologic Technologists
Board of Examiners is subject to review under Chapter 20, Title 1, and
the programs, functions, and regulations of the board must be terminated
as provided in Chapter 20, Title 1, on June 30, 1999, unless reauthorized
by law."
SECTION 3. The following fees are in effect until fees are set in
regulation promulgated pursuant to the Administrative Procedures Act
by the South Carolina Radiologic Technologists Board of Examiners as
created in Section 40-62-50, as contained in Section 2 of this act:
(1) Examination and
initial license fee $100.00
(2) License renewal fee 100.00
(3) Temporary license fee 25.00
(4) Late fee 50.00
(5) Duplicate license 25.00
SECTION 4. (A) For two years after this act's effective date, upon
application and the payment of a fee equivalent to that required for the
written examination and initial licensing fee, the South Carolina
Radiologic Technologists Board of Examiners, as established in Section
40-62-50, as contained in Section 2 of this act, shall issue a license
without examination to a person who has been employed as a
radiographer, nuclear medicine technologist, or radiation therapist for a
minimum of three years of the immediately preceding past five years.
(B) A proficiency test must be conducted by the South Carolina
Radiologic Technologists Board of Examiners at a time and place
designated by the board for those individuals who have worked as a
technologist one of the past three years immediately before this act's
effective date. Those individuals receiving a satisfactory score as
determined by the board must be issued a license to practice radiologic
technology.
SECTION 5. This act takes effect upon approval by the Governor.
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