ENROLLED
H. B. 2599
(By Delegates Compton, Fahey, Boggs,
C. White, Fox, Marshall and Poling)
[Passed April 12, 2001; in effect from passage.]
AN ACT to amend and reenact sections two, four, five, six, seven
and eight of article twenty-three, chapter thirty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended; and to further amend said article by adding thereto
a new section, designated section fourteen, all relating to
the board of examiners of radiologic technologists; providing
for annual license renewals; allowing the board to establish
renewal fees; increasing the number of board members; revising
the powers and duties of the board; allowing compensation of
members; and continuing the board of examiners of radiologic
technologists.
Be it enacted by the Legislature of West Virginia:
That sections two, four, five, six, seven and eight of article
twenty-three, chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding
thereto a new section, designated section fourteen, all to read as
follows:
ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.
§30-23-2. Definitions.
Unless the context in which used clearly requires a different
meaning, as used in this article:
(a) "Board" means the West Virginia radiologic technology
board of examiners.
(b) "License" means a license granted and issued by the board
for the practice of radiologic technology.
(c) "Licensed practitioner" means a person licensed to
practice medicine, chiropractic, podiatry, osteopathy or dentistry.
(d) "Licensee" means any person holding a license or a
temporary permit issued under the provisions of this article.
(e) "Radiologic technologist" means a person, other than a
licensed practitioner who applies ionizing radiation or assists in
the application of ionizing radiation to human beings for
diagnostic or therapeutic purposes under the supervision of a
licensed practitioner.
(f) "Radiologic technology" means the application of ionizing
radiation or assisting in the application of ionizing radiation to
human beings for diagnostic or therapeutic purposes under the
supervision of a licensed practitioner.
(g) "Radiologist" means a licensed practitioner who
specializes in the use of ionizing radiation for the diagnosis or
treatment of disease.
(h) "Radiology resident" means a licensed practitioner who is
in training to become a radiologist and who uses ionizing radiation
in the diagnosis or treatment of disease, under the supervision of
a radiologist.
(i) "Supervision" means responsibility for and control of
quality, radiation safety and technical aspects in the application
of ionizing radiation of human beings for diagnostic or therapeutic
purposes.
(j) "Technology" hereinafter relates to radiologic technology.
§30-23-4. Creation of board of examiners of radiologic
technologists; members; appointment by governor;
qualifications; terms; vacancies; officers; oath;
compensation; general provisions.
There is hereby created a West Virginia radiologic technology
board of examiners, hereinafter called the board. The governor
shall appoint the members of such board, by and with the advice and
consent of the Senate. The board shall consist of nine members,
composed of one member from the division of radiologic health of
the West Virginia state department of health, two lay members,
three licensed practitioners, two of whom shall be radiologists,
and three radiologic technologists who are licensed hereunder.
Each member shall be appointed for a term of three years and
shall serve until a successor has been appointed and has qualified.
The terms shall be staggered in accordance with the initial
appointments under prior enactments of this article. All members of
the board shall be residents of West Virginia. A member may succeed
himself. Vacancies shall be filled by appointment by the governor
for the unexpired term. Before entering upon the performance of his
duties, each member shall take and subscribe to the oath required
by section five, article four of the constitution of this state.
The board shall elect from its membership a chairman and
secretary who shall serve at the will and pleasure of the board. A
majority of the members of the board constitutes a quorum, and
meetings shall be held at the call of the chairman or upon the
written request of four members at such time and place as
designated in such call or request, and, in any event, the board
shall meet at least twice annually to conduct business as may come
before it. The board shall hold its first meeting within thirty
days after the appointment of the members. The members of the board
shall receive the same compensation and expense reimbursement for
their services as is paid to members of the Legislature for interim
duties as recommended by the citizens legislative compensation
commission and authorized by law for each day or portion thereof
engaged in the discharge of official duties. Any member may be
removed by the governor in case of incompetency, neglect of duty, gross immorality or malfeasance in office.
§30-23-5. Board of examiners; powers and duties; funds of board.
(a) The board shall:
(1) Propose legislative rules implementing the provisions of
this article and the powers and duties conferred upon the board in
accordance with the provisions of article three, chapter twenty-
nine-a of this code;
(2) Determine applicants eligibility for a license or
temporary permit to practice radiologic technology;
(3) Issue, renew, deny, suspend or revoke licenses and
temporary permits to engage in the practice of radiologic
technology in accordance with the provisions of this article and,
in accordance with the administrative procedures hereinafter
provided, review, affirm, reverse, vacate or modify its order with
respect to any such denial, suspension or revocation;
(4) Investigate alleged violations of provisions of this
article, reasonable rules and regulations promulgated hereunder and
orders and final decisions of the board and take appropriate
disciplinary action against any licensee for the violation thereof
or institute appropriate legal action for the enforcement of the
provisions of this article, rules and regulations promulgated
hereunder and orders and final decisions of the board;
(5) Employ, direct, discharge and define the duties of full or
part-time professional, clerical or other personnel necessary to effectuate the provisions of this article;
(6) Keep accurate and complete records of its proceedings,
certify the same as may be appropriate, and prepare, from time to
time, a list showing the names and addresses of all licensees;
(7) Provide standards for approved schools of technology,
procedures for obtaining and maintaining approval, and procedures
of revocation of approval where standards are not maintained:
Provided, That such standards for approved schools meet at least
the minimal requirements of the American society of radiologic
technologists;
(8) Whenever it deems it appropriate, confer with the attorney
general or his assistants in connection with all legal matters and
questions; and
(9) Take such other action as may be reasonably necessary or
appropriate to effectuate the provisions of this article.
(b) All moneys paid to the board shall be accepted by a person
designated by the board and deposited by him with the treasurer of
the state and credited to an account to be known as the "board of
examiners of radiologic technologist fund." The reimbursement of
all reasonable and necessary expenses actually incurred by members
of the board and all other costs and expenses incurred by the board
in the administration of this article shall be paid from such fund,
and no part of the state's general revenue fund shall be expended
for this purpose.
§30-23-6. Qualifications of applicants; exceptions; applications;
fee.
(a) To be eligible for a license to practice radiologic
technology the applicant must:
(1) Be of good moral character;
(2) Have completed four years of high school education or its
equivalent;
(3) Have successfully completed a minimum twenty-four-month
course in radiologic study in a school of radiologic technology
approved by the board;
(4) Have passed the examination prescribed by the board, which
examination shall cover the basic subject matter of radiologic
technology, skills and techniques; and
(5) Not have been convicted of a felony in any court in this
state or any federal court in this or any other state within ten
years preceding the date of application for registration, which
conviction remains unreversed; and not have been convicted of a
felony in any court in this state or any federal court in this or
any other state at any time if the offense for which the applicant
was convicted related to the practice of radiologic technology,
which conviction remains unreversed.
(b) Any person who holds a license or certificate, including
the American registry of radiologic technologists, to practice
radiologic technology issued by any other state, the requirements for which license or certificate are found by the board to be at
least equal to those provided in this article, shall be eligible
for a license to practice radiologic technology in this state
without examination.
(c) The following persons are not required to obtain a license
in accordance with the provisions of this article:
(1) A technology student enrolled in or attending an approved
school of technology who as part of his or her course of study
applies ionizing radiation to a human being under the supervision
of a licensed practitioner;
(2) A person acting as a dental assistant who under the
supervision of a licensed dentist operates only radiographic dental
equipment for the sole purpose of dental radiography;
(3) A person engaged in performing the duties of a
technologist in the person's employment by an agency, bureau or
division of the government of the United States;
(4) Any licensed practitioner, radiologist or radiology
resident; and
(5) Any person who demonstrates to the board that as of the
first day of July, one thousand nine hundred ninety-nine, he or
she:
(A) Has engaged in the practice of radiologic technology for
the limited purpose of performing bone densitometry in this state
for five or more years;
(B) Practices under the supervision of a licensed
practitioner; and
(C) Has received a densitometry technologist degree certified
by the International Society for Clinical Densitometry.
(d) Any applicant for any such license shall submit an
application therefor at such time (subject to the time limitation
set forth in subsection (d) of this section), in such manner, on
such forms and containing such information as the board may from
time to time by legislative rule prescribe, and pay to the board a
license fee, which fee shall be returned to the applicant if the
license application is denied.
§30-23-7. Issuance of license; renewal of license; renewal fee.
Whenever the board finds that an applicant meets all the
requirements of this article for a license to engage in the
practice of radiologic technology, it shall forthwith issue to him
such license; and otherwise the board shall deny the same. The
license is valid for a period of one year from the date issued and
shall be renewed every year without examination upon application
for renewal on a form prescribed by the board and payment to the
board of a renewal fee established by legislative rule:
Provided,
That the board may deny an application for renewal for any reason
which would justify the denial of an original application for a
license.
§30-23-8. Temporary permits.
Upon proper application the board may issue a temporary permit
to engage in the practice of radiologic technology in this state to
an applicant who meets the qualifications of subdivisions (1), (2),
(3) and (5), subsection (a), section six of this article, pending
examination of such applicant. Temporary permits will expire as
provided by legislative rule.
§30-23-14.
Termination of Board.
The board of examiners of radiologic technologists shall be
terminated pursuant to the provisions of article ten, chapter four
of this code, on the first day of July, two thousand ten, unless
sooner terminated, continued or reestablished pursuant to the
provisions of such article.
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