H 3439 Session 111 (1995-1996)
H 3439 General Bill, By Harvin and J. Brown
Similar(S 292)
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; to amend Sections 1-30-65 and 40-73-15,
both as amended, and both relating to occupational and professional boards
under the authority of the Department of Labor, Licensing and Regulation, so
as to include the South Carolina Radiologic Technologists Board of Examiners;
and to amend Section 11-5-210, as amended, relating to funding and revenue
requirements for professional and occupational licensing boards, so as to
include the South Carolina Radiologic Technologists Board of Examiners.
02/01/95 House Introduced and read first time HJ-8
02/01/95 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-9
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; TO
AMEND SECTIONS 1-30-65 AND 40-73-15, BOTH AS
AMENDED, AND BOTH RELATING TO OCCUPATIONAL
AND PROFESSIONAL BOARDS UNDER THE AUTHORITY OF
THE DEPARTMENT OF LABOR, LICENSING, AND
REGULATION, SO AS TO INCLUDE THE SOUTH CAROLINA
RADIOLOGIC TECHNOLOGISTS BOARD OF EXAMINERS;
AND TO AMEND SECTION 11-5-210, AS AMENDED,
RELATING TO FUNDING AND REVENUE REQUIREMENTS
FOR PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARDS, SO AS TO INCLUDE THE SOUTH CAROLINA
RADIOLOGIC TECHNOLOGISTS BOARD OF EXAMINERS.
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
using radioactive materials or equipment emitting ionizing radiation
on humans for diagnostic and therapeutic purposes.
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) `Limited practice radiographer' means a person who
conducts diagnostic radiology exams limited to the performance of
specific procedures or applications of ionizing radiation to specific
parts of the human body.
(5) `Nuclear medicine technologist' means a person, other than
a licensed practitioner, who prepares and administers
radiopharmaceutical agents to humans for diagnostic and therapeutic
purposes.
(6) `Radiation therapist' means a person, other than a licensed
practitioner, who applies radiation to humans for therapeutic
purposes.
(7) `Radiographer' means a person, other than a licensed
practitioner, who applies radiation to humans for diagnostic
purposes.
(8) `Radiologic technologist' means a person who is a limited
practice radiographer, radiographer, radiation therapist, or nuclear
medicine technologist licensed under this chapter.
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.
(D) No person shall take, use, or exhibit the title of `Limited
Practice Radiographer', `Radiographer', `Radiation Therapist', or
`Nuclear Medicine Technologist' or any other title, sign, display, or
declaration that tends to lead the public to believe that the person is
engaged in the business of applying ionizing radiation on humans
for diagnostic or therapeutic purposes.
Section 40-62-40. (A) Nothing in this chapter limits, enlarges,
or affects the practice of a licensed practitioner.
(B) A nurse licensed pursuant to Chapter 33 or a dental
radiographer working under the supervision of a dentist licensed
pursuant to Chapter 47, who applies ionizing radiation to humans, is
not required to be licensed under this chapter.
(C) 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 each with at least five years' experience; one of the
four members must be a limited practice radiographer, one a
radiographer, one a radiation therapist, and one a nuclear medicine
technologist; 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
consideration.
Section 40-62-60. Members of the board 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
serve 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,
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. An annual report must be prepared and filed
by the board in accordance with Chapter 73.
Section 40-62-90. 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 radiographer (R),
radiation therapist (T), limited practice radiographer (LR), and
nuclear medicine technologist (N). 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 40-62-100. 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 course of study in radiography,
nuclear medicine technology, or radiation therapy or a course of
study or training program appropriate for a limited practice
radiography license, approved by the board in accordance with
standards promulgated by the board in regulation;
(4) has not before or during the pendency of an application to
the board been guilty of an act, omission, condition, or
circumstance which would provide cause for disciplinary action
under this chapter.
Section 40-62-110. (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 as the board considers
necessary and appropriate.
(C) An applicant who fails the examination may reapply for the
examination if 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 40-62-120. (A) In lieu of its own examination, the board
may accept 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) In lieu of its own examination, the board may accept 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 40-62-130. (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. For a limited practice radiographer, the
board may issue a temporary license to the applicant if the applicant
has completed a course of study at an approved school or has
successfully completed a training program approved by the board.
A 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) A radiologic technologist shall display the official license
document or a verified copy of the license in each place of regular
employment.
Section 40-62-140. (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. As a condition for
reinstatement the board may require 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 40-62-150. 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 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 in conducting
themselves as or performing duties of a radiologic technologist
when the person is not a 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) lacks the professional competence to practice radiologic
technology;
(6) has been negligent in practicing as a radiologic technologist
or has failed to properly observe radiation safety principles;
(7) has impersonated a licensee or former license holder or is
performing duties of a radiologic technologist under an assumed
name;
(8) has sustained any medical problem, disability, or addiction
which, in the opinion of the board, would impair professional
competence;
(9) has interpreted a diagnostic image for a licensed practitioner,
a patient, the patient's family, or the public;
(10) has applied ionizing radiation to humans without a
prescription from a licensed practitioner;
(11) has applied ionizing radiation to humans without the
direction and supervision of a licensed practitioner;
(12) has failed to pay any applicable fees;
(13) has violated a law of another state regulating radiologic
technologists while visiting or residing in that state;
(14) has violated any provision of this chapter or regulation
promulgated under this chapter.
Section 40-62-160. 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 and upon
application by the board, an administrative law judge 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 40-62-170. (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 an administrative law
judge in accordance with the Administrative Procedures Act.
(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 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 40-62-180. (A) If the board has sufficient evidence that
a person is violating a provision of this chapter, in addition to all
other remedies, the board may issue a cease and desist order
prohibiting a person from violating 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 review of the decision of the board entered pursuant
to this section is available solely before an administrative law judge.
(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 40-62-190. A person who violates a provision of this
chapter or a regulation promulgated or an 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 3. Section 1-30-65 (C) of the 1976 Code, as last
amended by Act 385 of 1994, is further amended by adding at the
appropriate place alphabetically:
"Radiologic Technologists Board of Examiners, provided
for at Section 40-62-10 et seq."
SECTION 4. Section 11-5-210 (A) of the 1976 Code, as last
amended by Section 13, Part II of Act 171 of 1991, is further
amended by adding at the appropriate place alphabetically:
"South Carolina Radiologic Technologists Board of
Examiners".
SECTION 5. Section 40-73-15 (a) of the 1976 Code, as last
amended by Act 385 of 1994, is further amended by adding at the
appropriate place alphabetically:
"Radiologic technologists".
SECTION 6. The following fees are in effect until fees are set
in regulations promulgated pursuant to the Administrative
Procedures Act by the South Carolina Radiologic Technologists
Board of Examiners as created in Section 40-62-50 of the 1976
Code, 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 7. The South Carolina Radiologic Technologists
Board of Examiners shall issue a license to a person who has:
(1) been employed one year out of the past three years
immediately before this act's effective date as a limited practice
radiographer, radiographer, radiation therapist, or nuclear medicine
technologist, as defined in Section 40-62-20 of the 1976 Code, as
added by Section 2 of this act.
(2) applied within six months of this act's effective date for
licensure;
(3) paid a one hundred dollar license fee;
(4) met the requirements of Section 42-62-120 (1), (2), and (4)
of the 1976 Code, as added by Section 2 of this act; and
(5) satisfactorily passed a proficiency test approved by the board
appropriate to the type license sought.
SECTION 8. This act takes effect upon approval by the
Governor.
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