South Carolina General Assembly
113th Session, 1999-2000

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Bill 7


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

June 2, 1999

S. 7

Introduced by Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler

S. Printed 6/2/99--H.

Read the first time March 18, 1999.

            

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 RECOGNIZE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION; AND TO ESTABLISH CERTIFICATION REQUIREMENTS OF PERSONS USING RADIOACTIVE MATERIALS OR EQUIPMENT EMITTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES.

Amend Title To Conform

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 44 of the 1976 Code is amended by adding:

"CHAPTER 74

Radiologic Technologists

Section 44-74-10. This chapter may be cited as the 'Medical Radiation Health and Safety Act'.

Section 44-74-20. As used in this chapter:

(1) 'Board' means the board of the South Carolina Radiation Quality Standards Association.

(2) 'Certificate' means a certificate issued by the board or by an entity recognized by the board 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 only, 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) 'podiatric 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, working under the supervision of a licensed podiatrist.

(8) 'Radiation therapist' means a person, other than a licensed practitioner, who applies radiation to humans for therapeutic purposes.

(9) 'Radiographer' means a person, other than a licensed practitioner, who applies radiation to humans for diagnostic purposes including, but not limited to, mammography, cardiovascular-interventional technology, and computed tomography.

(10) 'Radiologic technologist' means a person who is a limited practice radiographer, radiographer, Podiatric limited practice radiographer, limited chest radiographer, radiation therapist, or nuclear medicine technologist certified by the American Registry of Radiologic Technologists or who is certified by the South Carolina Radiation Quality Standards Association or who has obtained a certificate acceptable to the South Carolina Radiation Quality Standards Association.

(11) 'Direct Supervision' means a certified radiographer who:

(a) reviews the procedure in relation to the student's achievement;

(b) evaluates the condition of the patient in relation to the student's knowledge;

(c) is present during the conduct of the procedure;

(d) reviews and approves the procedure; and

(e) is present during student performance of any repeat of any unsatisfactory radiograph.

Section 44-74-30. (A) No person, other than a licensed practitioner or a radiologic technologist possessing a certificate from the South Carolina Radiation Quality Standards Association 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 who does not hold a certificate issued by the South Carolina Radiation Quality Standards Association.

(C) No person holding a certificate issued by the South Carolina Radiation Quality Standards Association 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 by the South Carolina Radiation Quality Standards Association shall take, use, or exhibit the title of 'Limited Practice Radiographer', 'Podiatric limited practice radiographer', 'Limited Chest 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.

(E) No person, other than a licensed practitioner, may operate any x-ray machinery in the health care setting, including a hospital, a mobile or temporary health care setting, or the office of a person licensed to practice any health care profession pursuant to any chapter of Title 40 of the Code of Laws of South Carolina without possessing a current valid certificate from the South Carolina Radiation Quality Standards Association.

Section 44-74-40. (A) A radiologic technologist who is certified by the American Registry of Radiologic Technologists is deemed to have met the qualifications for certification by the South Carolina Radiation Quality Standards Association and, upon application, must be issued an initial certification without examination.

(B) Nothing in this chapter limits, enlarges, or affects the practice of a licensed practitioner.

(C) A resident physician or a student enrolled in and attending a school or college of medicine, osteopathy, chiropractic, podiatry, radiologic technology, or a curriculum approved by the South Carolina Radiation Quality Standards Association who applies ionizing radiation to humans while under the supervision of a licensed practitioner or direct supervision of a certified radiologic technologist appropriately trained to supervise the specific procedure is not required to be certified under this chapter.

Section 44-74-50. (A) Any person employing or allowing a person to operate x-ray machinery without possessing a certificate must be reported to the South Carolina Department of Health and Environmental Control. The South Carolina Department of Health and Environmental Control must take appropriate action against the registrant of the x-ray machinery pursuant to regulations of the South Carolina Department of Health and Environmental Control. Reports of violations can be made to the South Carolina Department of Health and Environmental Control by members of the public, licensed health care professionals, hospitals, or the South Carolina Radiation Quality Standards Association. The South Carolina Department of Health and Environmental Control must act on these complaints within ninety days. A current copy of the operators' certificate must be reviewed by the South Carolina Department of Health and Environmental Control at the time of inspection. The registrant of the equipment must display the current operators' certificates in public view.

(B) Dentists and their auxiliaries who meet the requirements of the South Carolina Dental Practice Act are exempt from the provisions of this act.

Section 44-77-60. (A) The South Carolina Radiation Quality Standards Association must be registered with the South Carolina Secretary of State's Office as a non-profit corporation and recognized as a tax exempt organization under Section 501(C) of the federal Internal Revenue Code.

(B) The board must be composed of thirteen members from the below listed trade associations as follows: one member shall be a representative from the South Carolina Society of Medical Assistants, Incorporated who is also a certified limited practice radiographer and a certified medical assistant; one member shall be a consumer from the South Carolina Radiation Standards Association; two members shall be radiologic technologists from the South Carolina Society of Radiologic Technologists (SCSRT), one of whom is employed by a hospital and from the South Carolina Health Care Alliance; one member shall be a radiologic technologist educator from the SCSRT; one member shall be a radiologic technologist of nuclear medicine from the South Carolina Society of Nuclear Medicine; one member shall be a radiation therapist from the SCSRT; three members shall be medical doctors, one doctor shall be a licensed family physician from the South Carolina Academy of Family Physicians, one doctor shall be a licensed radiologist from the South Carolina Radiological Society, and one doctor shall be a medical doctor of another specialty from the South Carolina Medical Association; one member shall be a chiropractor from the South Carolina Chiropractic Association; one member shall be a podiatrist from the South Carolina Podiatric Medical Association; and one member shall be a non-voting representative from the South Carolina Department of Health and Environmental Control, ex officio, and from the Radiological Health Branch.

(C) The members of the board shall be appointees from the above listed trade associations and the members of the board shall serve for a term to be established by the board. The members of the board shall serve without compensation. However, the board may establish rates for mileage, subsistence and per diem to be paid to board members not to exceed the usual payments for mileage, subsistence and per diem as provided by law for members of state boards, committees, and commissions.

(D) The board is authorized to:

(1) Establish certification qualifications for each category of radiological technologist;

(2) Conduct certification examinations;

(3) Certify qualified radiological technologists;

(4) Establish and collect fees necessary to conduct certification examinations and administer the board; and

(5) Establish continuing education requirements and terms of re-certification."

SECTION 2. (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 certification fee, the South Carolina Radiation Quality Standards Association Board shall issue a certificate without examination to a person who has been employed by a licensed practitioner to take x-rays for a minimum of three years of the immediately preceding five years.

(B) A certification of examination shall be conducted by the South Carolina Radiation Quality Standards Association Board at a time and place designated by the board for those individuals who have been employed by a licensed practitioner to take x-rays during one of the past three years immediately before the act's effective date. Those individuals receiving a satisfactory score as determined by the board must be issued a certificate to practice.

SECTION 3. Within one year after the effective date of this act, the South Carolina Podiatric Medical Association shall submit to the South Carolina Radiation Quality Standards Association (S.C.R.Q.S.A.) for the board's approval a podiatric limited practice radiographer certification examination. This examination, if approved by the S.C.R.Q.S.A. shall be the only examination required for certification as a Podiatric limited practice radiographer.

SECTION 4. Upon this act's effective date for two years thereafter, all orders for medication dispensed or treatment provided in a hospital shall be authenticated according to hospital policy. The orders shall be taken by personnel qualified by hospital medical staff rules and shall include the date, time, and name of persons who gave the order and the signature of the person taking the order. The Department of Health and Environmental Control shall promulgate regulations consistent with this provision.

SECTION 5. 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 this act's effective date.

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