No. 35158 (Amendment): Rule R156-54. Radiology Technologist and Radiology Practical Technician Licensing Act Rule

(Amendment)

DAR File No.: 35158
Filed: 08/15/2011 10:16:31 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to amend the rule to implement changes made in the governing statute, Title 58, Chapter 54, as a result of H.B. 238, which was passed during the 2011 General Session, and to make other minor additional changes. Changes include: 1) updating the title of the rule; 2) adding a new definition; 3) renumbering Section R156-54-102 and deleting the definition for "supervision"; 4) removing language from Subsection R154-54-304(1); 5) deleting Subsection R156-54-304(5); 6) updating the edition date regarding the standards of ethics for the profession; and 7) updating various statutory references and making other technical amendments.

Summary of the rule or change:

In Section R156-54-101, the title of the rule is updated to reflect recent statutory amendments to Title 58, Chapter 54, which now require licensure for radiologist assistants and updated the name to radiologic technologist. In Section R156-54-102, the definition for "CBRPA" (Certification Board of Radiology Practitioner Assistants) is added. Definition for "supervision" is deleted since the definition is now defined in statute. Updated the American Registry of Radiologic Technologists (ARRT) "Content Specifications for the Examination for the Limited Scope of Practice in Radiography" from the January 2006 edition to the January 2009 edition. In Section R156-54-103, the term "Division" is capitalized. In Section R156-54-301, a statutory citation is updated, as well as updated name for radiologic technologist. In Section R156-54-302a, a statutory citation is updated, as well as updated name for radiologic technologist. In Section R156-54-302b, a statutory citation updated. In Section R156-54-303, rule citations are updated. In Subsection R156-54-304(1), minor wording change with respect to license renewal cycle. Subsection R156-54-304(5) which allowed ten hours of professional education on a one time basis for passing for the Utah Radiology Technologist and Radiology Practical Technician Law and Examination if the exam was not required at the time of licensure is being deleted since a law and rule examination is not available for these professions. In Section R156-54-502, statutory citations are updated. Updated the ARRT "Standards of Ethics" to the 08/01/2010 edition.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-54-101
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. The fiscal note for H.B. 238 should be reviewed for information regarding the legislative bill's cost impact and in turn any anticipated costs with respect to this clarifying rule.

local governments:

The proposed amendments only apply to licensed radiologic technologists, radiologist assistants, radiology practical technicians and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed radiologic technologists, radiologist assistants, radiology practical technicians and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed radiologic technologists, radiologist assistants, radiology practical technicians and applicants for licensure in those classifications. The fiscal note for H.B. 238 should be reviewed for information regarding the legislative bill's cost impact and in turn any anticipated costs with respect to this clarifying rule.

Compliance costs for affected persons:

The proposed amendments only apply to licensed radiologic technologists, radiologist assistants, radiology practical technicians and applicants for licensure in those classifications. The fiscal note for H.B. 238 should be reviewed for information regarding the legislative bill's cost impact and in turn any anticipated costs with respect to this clarifying rule. Also, there should be no costs associated with obtaining the two incorporated by reference documents which are being updated as the documents can be found on the ARRT website.

Comments by the department head on the fiscal impact the rule may have on businesses:

In passing recent statutory amendments, the Legislature addressed any fiscal impact relating to the practice of radiologist assistants. No further fiscal impact is anticipated from this rule in implementing the statutory amendments or from correcting and updating references, clarifying definitions, removing outdated and duplicative provisions and other technical amendments.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/03/2011

Interested persons may attend a public hearing regarding this rule:

• 09/15/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 210, Salt Lake City, UT

This rule may become effective on:

10/10/2011

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-54. Radiolog[y]ic Technologist, Radiologist Assistant, and Radiology Practical Technician Licensing Act Rule.

R156-54-101. Title.

This rule is known as the "Radiolog[y]ic Technologist, Radiologist Assistant, and Radiology Practical Technician Licensing Act Rule."

 

R156-54-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 54, as used in Title 58, Chapters 1 and 54 or this rule:

(1) "ARRT" means the American Registry of Radiologic Technologists.

(2) "CBRPA" means the Certification Board of Radiology Practitioner Assistants.

([2]3) "Practice as a radiology practical technician" means using radiological equipment limited to specific radiographic procedures on specific parts of the human anatomy as contained in the American Registry of Radiologic Technologists (ARRT) "Content Specifications for the Examination for the Limited Scope of Practice in Radiography", effective January [2006]2009, which is hereby incorporated by reference.

(3) ["Supervision", "general supervision" or "direct supervision" as used in Subsections 58-54-2(5), (6) and (7) and Section 58-54-8 means that the supervising radiologist or radiology practitioner shall be available for consultation while the radiology technologist or the radiology practical technician is performing any radiographic procedures. Consultation may be in person, by telephone, by radio or any other means of direct verbal communication. The supervising radiologist or radiology practitioner shall be responsible for the radiographic procedures performed by the radiology technologist or the radiology practical technician.

(4)] "Unprofessional conduct" as defined in Title 58, Chapters 1 and 54, is further defined, in accordance with Subsection 58-1-203(5), in Section R156-54-502.

 

R156-54-103. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 54.

 

R156-54-301. Equivalent Education Requirements for Licensure as a Radiolog[y]ic Technologist.

In accordance with Subsection 58-54-[5]302(2)(a), a four year bachelors of science degree in radiology is an equivalent radiological educational program approved for licensure as a radiolog[y]ic technologist.

 

R156-54-302a. Examination Requirements - Radiolog[y]ic Technologist.

In accordance with Subsection 58-54-[5]302(2)(b), the examination requirement for licensure as a radiolog[y]ic technologist requires passing:

(1) an applicable American Registry of Radiologic Technologists (ARRT) Examination in Radiolog[y]ic Technology[. The exams are], which include:

(a) Radiography;

(b) Nuclear Medicine Technology; and

(c) Radiation Therapy Technology; or

(2) the Nuclear Medicine Technology Certification Board Examination.

 

R156-54-302b. Examination Requirements - Radiology Practical Technician.

In accordance with Subsection 58-54-[5]302(3), the examination requirement for licensure as a radiology practical technician requires passing:

(1) the ARRT Limited Scope of Practice in Radiography Examination with a minimum score of 75% for the following:

(a) core; and

(b) one or more of the following sections:

(i) chest;

(ii) extremities;

(iii) skull/sinuses;

(iv) spine; and

(v) podiatric; or

(2) the ARRT Bone Densitometry Equipment Operators Examination (BDEO) with a minimum score of 75%.

 

R156-54-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 54 is established by rule in Section R156-1-308 a(1).

(2) Renewal procedures shall be in accordance with Section R156-1-308 c.

 

R156-54-304. Professional Education.

(1) In accordance with Subsection 58-54-[6]305(2), each licensee shall be required to complete a program of professional education during each two year license renewal cycle[period commencing June of each odd numbered year].

(2) The required number of hours of professional education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first becomes licensed.

(3) Qualified professional education under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training and experience; and

(c) have a method of verification of attendance.

(4) Unlimited hours of professional education shall be recognized for professional education completed in blocks of time not less than 50 minutes in formally established classroom courses, seminars, lectures, labs, training sessions or conferences which are approved by or conducted under the sponsorship of:

(a) an accredited institution of higher education;

(b) American Society of Radiologic Technologists or other similar professional organizations;

(c) an acute care hospital or medical treatment facility; or

(d) a professional association representing one of the licensed professions regularly engaged in radiologic procedures.

(5) [Ten hours of professional education shall be recognized on a one time basis for passing the Utah Radiology Technologist and Radiology Practical Technician Law and Rule Examination if the exam was not required at the time of licensure.

(6)] Each licensee shall be responsible for keeping documentation of his professional education hours for a period of four years after close of the two year period to which the records pertain.

([7]6) A licensee who has a serious health condition or has left the United States for an extended period of time which prevent the licensee from meeting the professional education requirements established under this section may be excused from the requirement for that period of time. However, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.

 

R156-54-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) performing mammography when not in compliance with the Utah State Department of Health, Bureau of Health Facility Licensure, Mammography Quality Assurance Rules, R432-950;

(2) performing a radiological procedure without having first passed the appropriate qualifying examination;

(3) performing a radiological procedure when not supervised in accordance with Section [R156-54-102(2)]58-54-303 or Subsection 58-54-304(1)(g) and (2); and

(4) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the ARRT "Standards of Ethics", [July 1, 2005]August 1, 2010 edition, which is hereby incorporated by reference.

 

KEY: licensing, radiolog[y]ic technologists, radiology practical technicians, radiologist assistants

Date of Enactment or Last Substantive Amendment: [April 21, 2009]2011

Notice of Continuation: January 9, 2007

Authorizing, and Implemented or Interpreted Law: 58-54-101; 58-1-106(1)(a); 58-1-202(1)(a)

 

---