S 286 Session 112 (1997-1998)
S 0286 General Bill, By Short and Leventis
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 COMMISSION, TO PROVIDE FOR
ITS MEMBERS, POWERS, AND DUTIES, AND TO ESTABLISH CERTIFICATION REQUIREMENTS,
PENALTIES, AND FEES; TO AMEND SECTION 1-30-65 AND SECTION 40-1-40, AS AMENDED,
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 COMMISSION; AND TO AMEND SECTION 11-5-210,
RELATING TO FUNDING AND REVENUE REQUIREMENTS FOR PROFESSIONAL AND OCCUPATIONAL
LICENSING BOARDS, SO AS TO INCLUDE THE SOUTH CAROLINA RADIOLOGIC TECHNOLOGISTS
COMMISSION.
01/30/97 Senate Introduced and read first time SJ-7
01/30/97 Senate Referred to Committee on Medical Affairs 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 COMMISSION, TO PROVIDE FOR ITS
MEMBERS, POWERS, AND DUTIES, AND TO ESTABLISH
CERTIFICATION REQUIREMENTS, PENALTIES, AND FEES;
TO AMEND SECTION 1-30-65 AND SECTION 40-1-40, AS
AMENDED, 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 COMMISSION; AND TO AMEND SECTION
11-5-210, RELATING TO FUNDING AND REVENUE
REQUIREMENTS FOR PROFESSIONAL AND OCCUPATIONAL
LICENSING BOARDS, SO AS TO INCLUDE THE SOUTH
CAROLINA RADIOLOGIC TECHNOLOGISTS COMMISSION.
Whereas, 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 certification of persons using
radioactive materials or equipment emitting ionizing radiation on
humans for diagnostic and therapeutic purposes.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. 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) `Commission' means the South Carolina Radiologic
Technologists Commission.
(2) `Certificate' means a certificate issued by the commission or
by an entity recognized by the commission authorizing the certificate
holder 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) `Limited chest radiographer' means a person who conducts
diagnostic radiography exams of the chest, not to include
mammography.
(6) `Nuclear medicine technologist' means a person, other than a
licensed practitioner, who prepares and administers
radiopharmaceutical agents to humans for diagnostic and therapeutic
purposes.
(7) `Radiation therapist' means a person, other than a licensed
practitioner, who applies radiation to humans for therapeutic
purposes.
(8) `Radiographer' means a person, other than a licensed
practitioner, who applies radiation to humans for diagnostic purposes.
This may include imaging modalities such as mammography,
cardiovascular-interventional technology, and computed tomography.
(9) `Radiologic technologist' means a person who is a limited
practice radiographer, radiographer, radiation therapist, or nuclear
medicine technologist certified under this chapter.
Section 40-62-30. (A) No person, other than a licensed
practitioner or a radiologic technologist certified 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 or designate as a radiologic
technologist a person required by this chapter to hold a certificate
who does not hold a certificate issued under this chapter.
(C) No person holding a certificate 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 who is not certified under this chapter 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 authorized to
apply 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 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 the appropriate level 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 Commission which consists of eleven members
appointed by the Governor. All members must be residents of this
State. Five of the members must be radiologic technologists, each
with at least five years experience. Of the five, one must be a limited
practice radiographer, one must be a diagnostic radiographer, one
must be a radiation therapist, one must be a nuclear medicine
technologist, and one must be an educator of the radiologic sciences
or the director of a state-supported radiologic science program. At
least one of the five must practice in a hospital setting. The
remaining members of the commission must consist of one
consumer; three physicians, one of whom must be a family physician
and one of whom must be a radiologist; one dentist; and one
chiropractor. The Commissioner of the South Carolina Department
of Health and Environmental Control shall designate one medical
radiation physicist who shall serve as a non-voting, ex officio
member of the commission. All three physicians, the dentist, and the
chiropractor must be licensed in and practice in South Carolina. The
radiologic technologists initially appointed to the commission must
be eligible for certification pursuant to this chapter; thereafter,
radiologic technologists appointed to the commission must be
certified pursuant to this chapter and practice in this State. An
individual, group, or association may nominate any qualified
individuals to the Governor for consideration.
Section 40-62-60. Members of the commission shall serve for
terms of four years and until their successors are appointed and
qualify; except that of the members first appointed to the
commission, six shall serve for three years, and five shall serve for
two years, 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 commission for more than two consecutive four-year terms,
except that if a person is appointed to fill an unexpired term, the
person may be reappointed for two additional four-year terms. The
Governor, after notice and opportunity for hearing, may remove a
member of the commission for neglect of duty, incompetence,
revocation or suspension of certification, or other dishonorable
conduct. Members of the commission 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 commission under this chapter.
Section 40-62-70. The commission shall meet at least twice a year
and at other times upon the call of the chairman. Six members of the
commission constitute a quorum, but no action of the commission is
valid unless authorized by the affirmative vote of a majority of the
members present. Each year the commission 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 commission as specified by the Department of Labor, Licensing,
and Regulation.
Section 40-62-90. The commission:
(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 certificate issued
under this chapter;
(3) shall establish the certification standards for radiographer (R),
limited chest radiographer (LCR), radiation therapist (T), limited
practice radiographer (LR), and nuclear medicine technologist (N).
Persons holding these certificates 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 certificates 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 certificate 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 commission shall admit to examination
for certification an applicant who shall pay a nonrefundable fee
established by the commission and submit satisfactory evidence,
verified by oath or affirmation, that the applicant:
(1) at the time of application is a least 18 years of age;
(2) has received a high school diploma 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 certificate, approved by the commission in accordance
with standards promulgated by the commission in regulation;
(4) has not before or during the pendency of an application to the
commission 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 certification shall pass
a certification examination designated and approved by the
commission which covers the basic subject matter of radiologic
technology, skills, and techniques.
(B) The commission shall hold an examination at least every six
months at times and places within the State as the commission
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 commission.
(D) Each application for examination for certification must be
accompanied by the fee prescribed by the commission.
Section 40-62-120. (A) In lieu of its own examination, the
commission shall accept a current certificate by the American
Registry of Radiologic Technologists or other credentialing body
recognized by the commission.
(B) In lieu of its own examination, the commission shall accept a
current certificate, registration, or license as a radiologic technologist
issued by another state, if the commission determines that the
standards in the other state are at least as stringent as those
established by the commission.
Section 40-62-130. (A) The commission shall issue a certificate
to an applicant who has successfully passed the commission
examination or has otherwise been qualified under this chapter and
has paid the prescribed fees. The certificate is valid for two years
from the date of its issuance.
(B) Upon application for examination for initial certification, the
commission may issue a temporary certificate to a graduate of an
approved school who meets the qualification for certification,
pending result of the first certifying examination scheduled by the
commission following the applicant's graduation. For a limited
practice radiographer, the commission may issue a temporary
certificate 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 commission. A temporary certificate
expires thirty days after the commission gives written notice of the
results of the examination held following the issuance of the
temporary certificate. A temporary certificate may not be renewed
or another issued to the same person.
(C) A radiologic technologist shall display the official certificate
document or a verified copy of the certificate in each place of regular
employment.
Section 40-62-140. (A) A certificate issued under this chapter
must be renewed every two years without examination upon
application for renewal on a form prescribed by the commission. The
applicant is responsible for obtaining, completing, signing, and
forwarding the renewal application to the commission with the
required fee. Renewal of a certificate issued under this chapter shall
be contingent upon the fulfillment of continuing education
requirements as promulgated in regulation by the commission in
accordance with the Administrative Procedures Act.
(B) The commission may deny an application for renewal for any
reason which would justify the denial of an original application for
a certificate. 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 certificate has lapsed and who
has ceased activities as a radiologic technologist for not more than
two years may have this certificate reinstated upon payment of the
renewal fee established by the commission. As a condition for
reinstatement the commission shall require submission of evidence
satisfactory to the commission that the applicant has fulfilled
continuing education requirements as promulgated by the
commission.
(D) When the certificate of a person has been revoked,
reapplication to the commission may be made no sooner than two
years after the date of the commission's order revoking the
certificate.
Section 40-62-150. The commission may, upon its own motion,
and shall, upon the written complaint of an aggrieved person,
investigate the activities of an applicant or a person certified under
this chapter and may deny, suspend, revoke, or otherwise restrict a
certificate or impose a public or private reprimand or other discipline
if the commission finds an applicant or certified radiologic
technologist:
(1) is guilty of fraud or material deception in the procurement or
holding of a certificate;
(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 certificate
discharged and acquitted; or if the holder has been pardoned with full
restoration of civil rights, in which case the certificate 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 certificate holder under this
chapter;
(4) has undertaken or engaged in any practice beyond the scope of
duties permitted a certificate 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 certificate holder or former certificate
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 commission, 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 commission or a person designated
by the commission may administer oaths and affirmations, subpoena
witnesses, take testimony, and require the production of documents
or records which the commission considers relevant to the inquiry.
In the case of refusal to obey a subpoena issued to a person and upon
application by the commission, an administrative law judge may
issue an order requiring the person to appear before the commission,
produce documentary evidence, and give other evidence concerning
the matter under inquiry.
Section 40-62-170. (A) Before the commission imposes on a
certificate holder a sanction permitted by this chapter or denies
issuance of a certificate to an applicant, the commission 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 days after the date the certificate holder or
applicant is notified of the charges.
(C) If a certificate holder or applicant fails to appear at a hearing
after reasonable notice, the commission may proceed to hear the
evidence against the certificate holder or applicant and take action as
if the certificate holder or applicant had been present. A notice of
hearing or final decision of the commission in a disciplinary
proceeding must be served upon the certificate holder or applicant by
personal service or by certified mail, return receipt requested, to the
last known address of record on file with the commission.
(D) A decision by the commission to revoke or suspend a
certification or to restrict, limit, or otherwise discipline a certificate
holder must be by majority vote of the total membership of the
commission. 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 commission 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
commission hearing.
(F) No stay or supersedeas may be granted for more than six
months pending appeal from a decision by the commission to revoke,
suspend, or otherwise restrict a certificate.
Section 40-62-180. (A) If the commission has sufficient
evidence that a person is violating a provision of this chapter, in
addition to all other remedies, the commission 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
commission.
(B) The violation of a cease and desist order of the commission
issued under subsection (A) subjects the person violating the order to
further proceedings before the commission, and the commission 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 commission entered
pursuant to this section is available solely before an administrative
law judge.
(D) Nothing in this section may be construed to prohibit the
commission 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 2. Section 1-30-65(C) of the 1976 Code is amended by
adding at the appropriate place alphabetically:
"Radiologic Technologists Commission, provided for at Section
40-62-10 et seq."
SECTION 3. Section 11-5-210 (A) of the 1976 Code is amended
by adding at the appropriate place alphabetically:
"South Carolina Radiologic Technologists Commission".
SECTION 4. Section 40-1-40 (B), as added by Act 453 of 1996,
is further amended by adding at the appropriate place alphabetically:
"Radiologic Technologists Commission".
SECTION 5. 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 Commission as
created in Section 40-62-50 of the 1976 Code, as contained in Section
1 of this act:
(1) Examination and one-year permit fee$100.00
(2) Initial certificate fee. . . . 50.00
(3) Permit-certificate renewal fee 50.00
(4) Temporary certificate fee. . . 25.00
(5) Late fee . . . . . . . . . . . 50.00
(6) Duplicate certificate. . . . . 25.00
Notwithstanding any other provision of law, the above fees are
waived for any current state license holder.
SECTION 6. (A) The South Carolina Radiologic Technologists
Commission shall issue a permit for limited practice in radiography
to a person:
(1) who has been employed as a radiologic technologist for a
period of not less than six months on the effective date of this act;
and
(2) who is at least eighteen (18) years of age; and
(3) who has a high school diploma or its equivalent; and
(4) who has completed a training course approved by the
commission; and
(5) who has paid a permit fee set by the commission.
(B) The persons issued a permit pursuant to this section must
comply with any continuing education requirements established by
the commission.
SECTION 7. This act takes effect upon approval by the Governor,
provided, however, that the certification requirements outlined in this
act shall not take effect for a period of one year after the Governor's
approval.
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