ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2423
(By Delegate Morgan)
[Passed April 10, 2009; in effect from passage.]
AN ACT to amend and reenact §30-23-4, §30-23-5, §30-23-6, §30-23-9,
§30-23-10, §30-23-13, §30-23-14, §30-23-16, §30-23-17 and
§30-23-19 of the Code of West Virginia, 1931, as amended, all
relating to the Board of Medical Imaging and Radiation Therapy
Technology.
Be it enacted by the Legislature of West Virginia:
That §30-23-4, §30-23-5, §30-23-6, §30-23-9, §30-23-10,
§30-23-13, §30-23-14, §30-23-16, §30-23-17 and §30-23-19
of the
Code of West Virginia, 1931, as amended, be amended and reenacted,
all to read as follows:
ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.
§30-23-4. Definitions.
As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:
(a) "ASPMA" means the American Society of Podiatric Medical Assistants.
(b) "ARMRIT" means the American Registry of Magnetic Resonance
Imaging Technologists.
(c) "ARRT" means the American Registry of Radiologic
Technologist.
(d) "Board" means the West Virginia Medical Imaging and
Radiation Therapy Technology Board of Examiners.
(e) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited
liability company or other entity providing medical imaging or
radiation therapy technology.
(f) "Dental X-rays" means X-rays taken of the oral cavity with
x-ray units designed for this specific performance.
(g) "JRCERT" means the Joint Review Committee on Education in
Radiologic Technology.
(h) "JRCNMT" means the Joint Review Committee on Education
Programs in Nuclear Medicine Technology.
(i) "License" means a medical imaging and radiation therapy
technology license issued under the provisions of this article.
(j) "Licensed practitioner" means a person licensed in West
Virginia to practice medicine, chiropractic, podiatry, osteopathy
or dentistry.
(k) "Licensee" means a person holding a license issued under
the provisions of this article.
(l) "Magnetic Resonance Imaging or MRI" means the performance
of medical imaging using radio waves, magnetic fields and a computer to produce images of the body tissues.
(m) "Medical Imaging" means the use of ionizing radiation,
electromagnetic radiation, or radioactivity for evaluation of body
tissue in order to diagnose injury and disease by means of image
production.
(n) "NMTCB" means the Nuclear Medicine Technology
Certification Board.
(o) "Nuclear Medicine Technologist" means a person holding a
nuclear medicine license issued under the provisions of this
article.
(p) "Nuclear Medicine Technology" means the compounding,
calibrating, dispensing and administrating of radio-
pharmaceuticals, pharmaceuticals and radio-nuclides under the
direction of an individual listed as an authorized user by the U.S.
Nuclear Regulatory Commission for the production of images for
diagnosis and/or treatment of various disorders.
(q) "Permittee" means any person holding a podiatric medical
assistant permit issued pursuant to the provisions of this article.
(r) "PET/CT Technologist" means an individual recognized by
the board as qualified to operate a PET/CT scanner.
(s) "PET/CT Technology" means the operation of a Positron
Emission Tomography/Computerized Tomography scanner to view
internal images of the body.
(t) "Podiatric medical assistant" means a person who has been
issued a permit under the provisions of this article, to perform
podiatric radiographs.
(u) "Podiatric radiographs" means radiographs confined to the
foot and ankle performed on dedicated podiatric X-ray equipment.
(v) "Practice of Medical Imaging and Radiation Therapy
Technology" means the practice of Radiologic Technology, Radiation
Therapy, Nuclear Medicine Technology and Magnetic Resonance Imaging
Technology.
(w) "Radiologic technologist" means a person, other than a
licensed practitioner, who applies medical imaging or assists in
the application of ionizing radiation to human beings for
diagnostic or therapeutic purposes as prescribed by a licensed
practitioner.
(x) "Radiologic technology" means the application of ionizing
radiation or assisting in the application of medical imaging to
human beings for diagnostic or therapeutic purposes as prescribed
by a licensed practitioner.
(y) "Radiologist" means a licensed practitioner who has
successfully completed a residency in the field of Radiology and
specializes in the use of medical imaging for the diagnosis or
treatment of disease.
(z) "Radiologist Assistant or RA" means an individual who is
licensed under the rules of the West Virginia Board of Medicine and
has completed specialized training from an accredited program in
the profession and passed a written examination as recognized by
the West Virginia Board of Medicine.
(aa) "Radiology resident" means a licensed practitioner who is
in training to become a Radiologist and who uses medical imaging in the diagnosis or treatment of disease, under the supervision of a
Radiologist.
(bb) "Supervision" means responsibility for and control of
quality, safety and technical aspects in the application of medical
imaging technology on human beings for diagnostic or therapeutic
purposes.
(cc) "Technology" means Medical Imaging Technology or
Radiation Therapy Technology.
§30-23-5. Medical Imaging and Radiation Therapy Technology Board
of Examiners.
(a) The West Virginia Medical Imaging and Radiation Therapy
Technology Board of Examiners is continued. The members of the
board in office, unless sooner removed, continue to serve until
their respective terms expire and until their successors have been
appointed and qualified.
(b) The board shall consist of the following eleven members,
appointed by the Governor by and with the advice and consent of the
Senate:
(1) One Radiologic Health Specialist from the Radiation,
Toxics and Indoor Air Division of the West Virginia Department of
Health and Human Resources;
(2) Three licensed practitioners, two of whom shall be
Radiologists;
(3) Three licensed Radiologic Technologists, one of whom shall
be an active medical imaging educator;
(4) One licensed Nuclear Medicine Technologist;
(5) One licensed Magnetic Resonance Imaging; and
(6) Two citizen members, who are not licensed under the
provisions of this article and do not perform any services related
to the practice licensed under the provisions of this article.
(c) Each member shall be appointed for a term of three years
and may not serve more than two consecutive full terms. A member
having served two consecutive full terms may not be appointed for
one year after completion of his or her second full term. A member
continues to 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.
(d) Each member of the board shall be a resident of West
Virginia during the appointment term.
(e) The Radiologic Technologists, Nuclear Medicine
Technologists and the Magnetic Resonance Imaging Technologists
serving on the board shall maintain an active license with the
board.
(f) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office is
vacant.
(g) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(h) A licensed member of the board immediately and
automatically forfeits membership to the board if his or her
license to practice has been suspended or revoked. A member of the
board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any
state or the United States, or becomes a nonresident of this state.
(i) The board shall designate one of its members as
chairperson and one member as secretary who shall serve at the will
of the board.
(j) Each member of the board shall receive compensation and
expense reimbursement in accordance with article one of this
chapter.
(k) A majority of the members serving on the board shall
constitute a quorum.
(l) The board shall hold at least two annual meetings. Other
meetings shall be held at the call of the chairperson or upon the
written request of two members, at such time and place as
designated in the call or request.
(m) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the Constitution of this State.
§30-23-6. Powers and duties of the board.
(a) The board has all the powers and duties set forth in this
article, by rule, in article one of this chapter, and elsewhere in
law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer
examinations;
(2) Establish requirements for a license, apprentice license
and permit;
(3) Establish procedures for submitting, approving and
rejecting applications for a license, apprentice license and
permit;
(4) Determine the qualifications of any applicant for a
license, permit, certificate and registration;
(5) Provide standards for approved schools of Medical Imaging
and Radiation Therapy Technology, procedures for obtaining and
maintaining approval, and procedures of revocation of approval
where standards are not maintained: Provided, That the standards
for approved schools meet at least the minimal requirements of the
American Registry of Radiologic Technologist
JRCERT, JRCNMT or
standards determined programmatically equivalent by the board;
(6) Work with the West Virginia Board of Medicine to determine
the scope of practice, the required education and training, and the
type of regulations necessary for Radiologist;
(7) Prepare, conduct, administer and grade written, oral or
written and oral examinations for a license, certificate and
registration;
(8) Determine the passing grade for the examinations;
(9) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examination and the pass and fail rate;
(10) Maintain an office, and hire, discharge, establish the
job requirements and fix the compensation of employees and contract
with persons necessary to enforce the provisions of this article;
(11) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the
board;
(12) Conduct disciplinary hearings of persons regulated by the
board;
(13) Determine disciplinary action and issue orders;
(14) Institute appropriate legal action for the enforcement of
the provisions of this article;
(15) Maintain an accurate registry of names and addresses of
all persons regulated by the board;
(16) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;
(17) Establish, by legislative rule, the continuing education
requirements for licensees, permitees, certificate holders and
registrants; and
(18) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article.
(c) The board may:
(1) Contract with third parties to administer the examinations
required under the provisions of this article;
(2) Define, by legislative rule, the fees charged under the
provisions of this article;
(3) Issue, renew, deny, suspend, revoke or reinstate a
license, permit, certificate and registration;
(4) Sue and be sued in its official name as an agency of this
state;
(5) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions; and
(6) Take all other actions necessary and proper to effectuate
the purposes of this article.
§30-23-9. Requirements for Radiologic Technology license.
(a) To be eligible for a license to practice Radiologic
Technology, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Have successfully completed an accredited program in
Radiologic technology, as determined by an accreditation body
recognized by the board, from a school of Radiologic Technology
that has been 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 under the laws of any
state or the United States within five years preceding the date of
application for licensure, which conviction remains unreversed; and
(6) Not have been convicted of a misdemeanor or a felony under
the laws of any state or the United States at any time if the
offense for which the applicant was convicted related to the
practice of Medical Imaging, which conviction remains unreversed.
(b) A person seeking a Radiologic Technology license shall
submit an application on a form prescribed by the board and pay the
license fee, which fee shall be returned to the applicant if the license application is denied.
(c) A Radiologic Technology license issued by the board prior
to July 1, 2009, shall for all purposes be considered a license
issued under this article.
§30-23-10. Scope of Practice for a Radiologic Technologist.
The scope of practice of a Radiologic Technologist includes
the following:
(1) Analysis and correlation of procedure requests and
clinical information provided by a physician or patient, or both,
for preprocedure determination of the appropriate exam, its extent,
and its scope;
(2) Evaluation of the physical, mental and emotional status of
the patient with respect to the ability to understand the risk
versus benefit of the procedure and to undergo the procedure
requested;
(3) Selection, preparation, and operation of medical imaging
equipment and accessories to perform procedures;
(4) Positioning patient to best demonstrate anatomy of
interest, while respecting patient's physical limitations and
comfort;
(5) Determination of imaging exposure factors, setting of
factors on control panel, and application of medical imaging
exposures;
(6) Application of radiation protection principles to minimize
radiation exposure to patient, self, and others;
(7) Evaluation of images for technical quality;
(8) Performance of noninterpretive fluoroscopic procedures
according to institutional policy;
(9) Oversight of image processing standards and the
appropriate labeling of images;
(10) Administering contrast media after consultation with, and
under the supervision of, a physician who is immediately and
physically available;
(11) Maintaining values congruent with the profession's Code
of Ethics and scope of practice as well as adhering to national,
institutional and/or departmental standards, policies and
procedures regarding delivery of services and patient care; and
(12) Performing any other duties that the board authorizes for
a Radiologic Technologist.
§30-23-13. Requirements for temporary Medical Imaging and
Radiation Therapy Technology license.
(a) The board may issue a temporary Medical Imaging and
Radiation Therapy Technology license to engage in the practice of
Medical Imaging and Radiation Therapy Technology in this state to
an applicant who meets the qualifications for a Medical Imaging and
Radiation Therapy Technology license, but has not passed the
examination.
(b) Temporary licenses expire as provided by rule.
§30-23-14. Medical Imaging and Radiation Therapy Technology
license from another state; license to practice in
this state.
The board may issue a license to practice Medical Imaging and
Radiation Therapy Technology in this state, without requiring an
examination, to an applicant from another jurisdiction who:
(1) Is not a resident of this state;
(2) Is of good moral character:
(3) Holds a valid Medical Imaging and Radiation Therapy
Technology license, certificate or other authorization, including
the American Registry of Radiologic Technologists, or Nuclear
Medicine Technology Certification Board or equivalent to practice
Medical Imaging and Radiation Therapy Technology in another
jurisdiction and meets requirements which are substantially
equivalent to the Medical Imaging and Radiation Therapy Technology
licensure requirements set forth in this article;
(4) Is not currently being investigated by a disciplinary
authority of this state or another jurisdiction, does not have
charges pending against his or her license or other authorization
to practice Medical Imaging and Radiation Therapy Technology, and
has never had a license or other authorization to practice Medical
Imaging and Radiation Therapy Technology revoked;
(5) Has not previously failed an examination for licensure in
this state;
(6) Has paid all the applicable fees; and
(7) Has completed other action as required by the board.
§30-23-16. Scope of practice for Nuclear Medicine Technologist.
The scope of practice for Nuclear Medicine Technology includes the following:
(1) The practice of diagnostic in-vivo procedures and in-vitro
procedures which include:
(A) Analysis and correlation of procedure request and clinical
information provided by the referring physician or patient, or
both, for determination of appropriate exam, extent, and scope;
(B) Evaluation of the physical and emotional status of the
patient with respect to the ability to undergo the procedure
requested;
(C) Immediate predose review of patient's identification,
prescribed dose quantity and route of administration, and
identification of the test agent designed to prevent dose
mis-administration;
(D) Preparation of the appropriate radiopharmaceutical with
measurement of dose activity;
(E) Administration of appropriate diagnostic dose levels of
radiopharmaceuticals;
(F) Administration of nonradioactive pharmaceuticals utilized
in conjunction with a nuclear medicine imaging or in-vivo
procedure, for example, cholecystokinin, furosemide, vitamin B12,
in accordance with hospital or facility procedures, excluding
narcotic and sedating medication;
(G) Selection of appropriate imaging or test parameters, or
both;
(H) Obtaining images according to established protocols and
any special views to optimize information as appropriate;
(I) Placement of patient in proper position using supportive
materials and immobilizer as necessary;
(J) Assuring appropriate image labeling as to patient;
(K) Monitoring of patient and equipment during procedure for
determination and application of any corrective actions necessary;
(L) Monitoring of data collection and processing and
performance of technical analysis of test results;
(M) Preparation and performance of laboratory in-vivo nuclear
medicine procedures, inclusive of the selection and operation of
laboratory counting equipment, performance of calculations and data
processing necessary for completion of lab procedures and the
submission of results to the physician or licensee;
(N) Oversight and application of image development; and
(O) Performance of in-vitro testing of serum, plasma, or other
body fluids using radio immunoassay, or similar ligand assay
methods.
(2) The practice for handling radiopharmaceuticals which
includes:
(A) Preparation, by means of tagging, compounding, etc., in
accordance with manufacturer's specifications;
(B) Measurement and calculation of activity of radionuclides
with a dose calibrator;
(C) Application of radioactive decay calculations to determine
required volume or unit form necessary to deliver the prescribed
radioactive dose; and
(D) Recording of radiopharmaceutical information on a patient's permanent record.
(3) The practice for radionuclide therapy which includes:
(A) Assisting licensee in the preparation and applications of
therapeutic radionuclides;
(B) Oversight of radiation safety practices related to the
handling and administration of radiopharmaceuticals for therapy of
patients;
(C) Maintenance of records of radioactive material receipt,
use, storage, and disposal in accordance with regulatory
requirements;
(D) Oversight and enforcement of radiation safety policies,
practices, and regulations regarding the possession and use of
radioactive materials;
(E) Performance of radiation safety procedures such as
radiation survey and wipe testing of incoming radioactive shipments
and facility fixtures;
(F) Maintaining values congruent with the profession's code of
ethics and scope of practice as well as adhering to national,
institutional and/or departmental standards, policies and
procedures regarding delivery of services and patient care; and
(G) Performing any other duties that the board determines may
be performed by a Nuclear Medicine Technologist.
(4) The scope of practice for a Nuclear Medicine Technologist
or certified PET Technologist
to operate a
multimodality device,
i.e. PET/CT, SPECT/CT etc,
requires that:
(A)
A Nuclear Medicine Technologist, (ARRT(N) or NMTCB) or certified PET Technologist may administer radiopharmaceuticals
and/or ionizing radiation from an integrated multimodality device,
if the ionizing radiation is produced for the sole purpose of
attenuation correction and considered an essential component of the
procedure,
provided the licensee has obtained proper documented
training that has been approved by the board in the radiation
safety aspect of the operation of these units; and
(B)
A licensed radiographer, (ARRT(R)), or Nuclear Medicine
Technologist with an additional certification by the ARRT or other
nationally recognized certifying body in computed tomography, shall
operate the computed tomography scanner if it is used for any other
diagnostic radiographic procedures.
§30-23-17. Requirements for Magnetic Resonance Imaging
Technologist license.
(a) To be eligible for a license to practice Magnetic
Resonance Imaging Technology, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Not have been convicted of a felony under the laws of any
state or the United States within five years preceding the date of
application for licensure, which conviction remains unreversed;
(4) Not have been convicted of a misdemeanor or a felony under
the laws of any state or the United States at any time if the
offense for which the applicant was convicted related to the
practice of Medical Imaging, which conviction remains unreversed.
(5) Meet one of the following qualifications:
(A) Have a baccalaureate or associate degree in one of the
physical or biological sciences pertaining to the Medical Imaging
or Radiation Therapy profession;
(B) Have a baccalaureate or associate degree in other
disciplines of Medical Imaging with successful completion of
courses in the following areas: college algebra, physics or
chemistry, human anatomy, physiology, and radiation safety;
(C) National certification as a certified Nuclear Medicine
Technologist (CNMT);
(D) National certification as a Registered Radiographer (ARRT
(R));
(E) National certification as a Registered Radiographer
specializing in Nuclear Medicine (ARRT (N));
(F) National certification as a Radiation Therapist (ARRT(T);
or
(G) National certification as an MRI technologist (ARRT (MR)
or ARMRIT); and
(6) Pass an examination which has been approved by the board,
with a minimum passing score of seventy-five percent, which
examination shall cover the basic subject matter of Medical
Imaging, radiation safety, skills and techniques as it pertains to
Magnetic Resonance Imaging.
(b) A person seeking a Magnetic Resonance Imaging Technology
license shall submit an application on a form prescribed by the
board and pay the license fee, which fee shall be returned to the
applicant if the license application is denied.
(c) A Magnetic Resonance Imaging Technology license issued by
the board prior to July 1, 2007, shall for all purposes be
considered a license issued under this article: Provided, That a
person holding a Magnetic Resonance Imaging Technology license
issued prior to July 1, 2007, must renew the license pursuant to
the provisions of this article.
§30-23-19. Requirements for an apprentice license for Nuclear
Medicine Technologists and Magnetic Resonance
Imaging Technologists.
(a) The board may issue an apprentice license to an individual
who is practicing as a Nuclear Medicine Technologist or a Magnetic
Resonance Imaging Technologist prior to July 1, 2007 but has not
obtained certification in the discipline. A notarized letter,
signed by the individual's supervising licensed physician, must be
submitted with the individual's application, stating that the
individual has performed the duties of a Nuclear Medicine
Technologist or Magnetic Resonance Imaging Technologist prior to
July 1, 2007.
(b) The apprentice license is valid for one year. An
apprentice license may be renewed annually for an additional four
years, giving the individual a total of five years to complete the
requirements and successfully pass the certification examination
for a Nuclear Medicine Technologist license or a Magnetic Resonance
Imaging Technologist license. All individuals possessing an
apprentice license must work under the supervision of a licensed practitioner for MRI, an authorized user for nuclear medicine or a
technologist who is licensed in that discipline.
(c) Any individual possessing a valid Medical Imaging license
issued by the board and seeks to cross-train in the discipline of
Nuclear Medicine Technology or Magnetic Resonance Imaging
Technology, may obtain an apprentice license in that discipline for
the purpose of obtaining the necessary clinical experience
requirements in order to qualify to sit for the required
examination. This apprentice license will be valid for one year
and renewable for four year, giving a cross-trained individual five
years to obtain certification in the discipline.