Current Status Bill Number:
3439Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950201Primary Sponsor: HarvinAll Sponsors: Harvin and J. BrownDrafted Document Number: br1\18109ac.95Companion Bill Number: 292Residing Body: HouseCurrent Committee: Medical, Military, Public and Municipal Affairs Committee 27 H3MSubject: Medical Radiation Health and Safety Act
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950201 Introduced, read first time, 27 H3M referred to CommitteeView additional legislative information at the LPITS web site.
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:
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:
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.