H. B. 2225
(By Delegates Pulliam and Mezzatesta)
[Introduced February 22, 1993; referred to the
Committee on Health and Human Resources.]
A BILL to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-three,
relating to professions and occupations; diagnostic medical
sonography; legislative findings and declaration of public
policy; definitions; license required; creating sonography
committee, appointment by the West Virginia board of
diagnostic ultrasound, general provisions; power and duties,
funds of the board; qualifications of applicants,
exceptions, applications, fees; issuance of licenses,
renewal of licenses, renewal fees; temporary permits;
suspension or revocation of license or temporary permit;
procedures for hearing; judicial review, appeal to supreme
court of appeals, legal representation for board; actions to
enjoin violations; and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, onethousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article thirty-three, to
read as follows:
ARTICLE 33. DIAGNOSTIC MEDICAL SONOGRAPHY.
§30-33-1. Legislative findings and declarations of public
policy.
The Legislature finds and declares that in the interest of
public health, the people of this state should have the right to
quality ultrasound examinations and to reasonably defined
standards of safety. It is the purpose of this article to
establish minimum standards of education, training and experience
for diagnostic medical sonographers and to prescribe means for
assuring that these standards are met.
§30-33-2. Definitions.
Unless the context in which used clearly requires a
different meaning, as used in this article:
(a) "Board" means the West Virginia board of medicine;
(b) "Diagnostic medical sonographer" means a person, other
than a licensed practitioner who performs or assists in the
performance of ultrasound examinations on human beings for
diagnostic purposes under the supervision of a licensed
practitioner;
(c) "Diagnostic medical sonography" means the performance of
ultrasound examinations on human beings for diagnostic purposes
under the supervision of a licensed practitioner;
(d) "Diagnostic medical sonologist" means a licensedpractitioner who specializes in the use of ultrasound for the
diagnosis of disease;
(e) "License" means a license granted and issued by the
board for the practice of diagnostic medical sonography;
(f) "Licensee" means any person holding a license or a
temporary permit issued under the provisions of this article;
(g) "Licensed practitioner" means a person licensed to
practice medicine;
(h) "Supervision" means responsibility for and control of
quality, safety and technical aspects in the use of ultrasound on
human beings for diagnostic purposes.
§30-33-3. License required.
(a) No person may engage in, offer to engage in or hold
himself out to the public as being engaged in the practice of
diagnostic medical sonography in this state, nor may any person
use in connection with any trade, business, profession or
occupation except in those instances specifically provided in
subdivisions (1) and (2), subsection (b), section six of this
article, the word diagnostic medical sonographer or any other
title, word or abbreviation which induces or tends to induce the
belief that such person is qualified to engage or is engaged in
the practice of diagnostic medical sonography unless and until he
first obtains a license or temporary permit to engage in the
practice of diagnostic medical sonography in accordance with the
provisions of this article, which license or temporary permit
remains unexpired, unsuspended or unrevoked: Provided, That nosuch license or temporary permit may be required for a diagnostic
medical sonographer who is not a resident of this state, who is
the holder of a license or certificate to engage in the practice
of diagnostic medical sonography issued by a state with licensing
or certification requirements determined by the board to be at
least equal to those provided in this article, who has no regular
place of practice in this state and who engages in the practice
of diagnostic medical sonography in this state for a period of
not more than ten days in any calendar year.
(b) No firm, association or corporation may, except through
a licensee or licensees, render any service or engage in any
activity which if rendered or engaged in by any individual would
constitute the practice of diagnostic medical sonography.
§30-33-4. Creation of the medical sonography committee.
There is hereby created a medical sonography committee. The
West Virginia board of diagnostic ultrasound shall appoint the
committee members. The committee shall consist of three
voluntary members composed of licensed sonographers.
§30-33-5. Powers and duties; funds of the board.
(a) The medical licensing board shall:
(1) Promulgate reasonable rules implementing the provisions
of this article and the powers and duties conferred upon the
board hereby and such rules shall be promulgated in accordance
with the provisions of article three, chapter twenty-nine-a of
this code;
(2) Determine the eligibility of applicants for a license ortemporary permit to practice diagnostic medical sonography based
upon registry status in accordance with requirements set forth by
the American registry of diagnostic medical sonographers. The
following are prerequisites for individuals desiring to take the
American registry of diagnostic medical sonographers registry
examinations:
(A) Individuals who have completed a two-year recognized
American medical association allied health occupation educational
program, that is patient care related, must have in addition a
minimum of twelve months full-time clinical ultrasound
experience;
(B) Individuals who have completed an American medical
association--committee on allied health education and
accreditation accredited educational program in diagnostic
ultrasound or Canadian medical association approved educational
program in diagnostic ultrasound;
(C) (1) Individuals enrolled in a bachelor's degree program
in ultrasound or radiology, with a minor in ultrasound must have
twelve months full-time clinical ultrasound experience. This
individual is eligible to take the registry one year prior to the
completion of the bachelor's degree provided that the twelve
months clinical ultrasound experience has been completed;
(2) Individuals with a bachelor's degree must have twelve
months full-time clinical ultrasound experience;
(D) Individuals with two years formal education past high
school must have in addition a minimum of twenty-four monthsfull-time clinical ultrasound experience;
(E) Equivalency -- An individual who does not qualify under
the other categories may be eligible to take the registry
examinations under the equivalency clause;
(3) Issue, renew, deny, suspend or revoke licenses and
temporary permits to engage in the practice of diagnostic medical
sonography 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, rules 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 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 diagnostic
medical sonography, procedures for obtaining and maintaining
approval and procedures of revocation of approval where standardsare not maintained: Provided, That such standards for approved
schools meet at least the minimal requirements of the American
registry of diagnostic medical sonographers;
(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 hereby created
and to be known as the "medical licensing board." The
reimbursement of all reasonable and necessary expenses actually
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.
§30-33-6. Qualifications of applicants; exceptions;
applications; fee.
(a) To be eligible for a license to practice diagnostic
medical sonography, 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 requirements for
certification as set forth by the American registry of diagnostic
medical sonographers;
(4) Have successfully passed the examination prescribed by
the American registry of diagnostic medical sonographers in
ultrasonic physics and instrumentation and one specialty and
maintain active status in the American registry of diagnostic
medical sonographers by obtaining required continuing medical
education credits;
(5) Not have been convicted of a felony in any court in this
or any other 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 or any other
state or any federal court in this or any other state at any time
if the offense for which he was convicted related to the practice
of ultrasonography, which conviction remains unreversed.
(b) The following persons are not required to obtain a
license in accordance with the provisions of this article:
(1) A diagnostic medical sonography student enrolled in or
attending an approved school of ultrasound who as part of his
course of study performs diagnostic ultrasound exams on human
beings under the supervision of a licensed practitioner;
(2) Any licensed practitioner, radiologist or radiology
resident.
(c) Any person who has engaged in the practice of diagnostic
medical sonography in this state for a period of three years or
more within the last five-year period immediately prior to the
effective date of this article is eligible for a license toengage in the practice of diagnostic medical sonography if
certification by the American registry of diagnostic medical
sonographers is received by the board and if such person meets
the requirements of subdivisions (1), (2) and (5), subsection (a)
of this section.
(d) Any applicant for such license shall submit an
application therefor at such time (subject to the time limitation
set forth in subsection (c) of this section), in such manner, on
such forms and containing such information as the board may from
time to time by rule or regulation prescribe, and pay to the
board an annual license fee of one hundred dollars, of which fee
eighty dollars shall be returned to the applicant if he or she is
denied a license.
§30-33-7. 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 diagnostic medical sonography, it shall forthwith
issue to him or her 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 on a form prescribed by
the board with payment to the board of a renewal fee of thirty
dollars and valid proof that active status with American registry
of diagnostic medical sonographers has been maintained by
obtaining required continuing medical education credits:
Provided, That the board may deny an application for renewal for
any reason which would justify the denial of an originalapplication for a license.
§30-33-8. Temporary permits.
Upon proper application the board may issue a temporary
permit to engage in the practice of diagnostic medical sonography
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, which
temporary permit shall expire thirty days after the board
receives written notice of the results of the American registry
of diagnostic medical sonographers examination held following the
issuance of such temporary permit, and the permit may not be
renewed or another thereof issued to the same person.
§30-33-9. Suspension or revocation of license or temporary
permit.
(a) The board may at any time upon its own motion and shall
upon the verified written complaint of any person conduct an
investigation to determine whether there are grounds for
suspension or revocation of a license or a temporary permit
issued under the provisions of this article.
(b) The board shall suspend or revoke any license or
temporary permit when it finds the holder thereof has:
(1) Been convicted of a felony in any court in this or any
other state or any federal court in this or any other state
within ten years preceding the date of the motion or complaint,
which conviction remains unreversed; or been convicted of a
felony in any court in this or any other state or any federalcourt in this or any other state at anytime if the offense for
which he was convicted related to the practice of diagnostic
medical sonography, which conviction remains unreversed;
(2) Obtained a license or temporary permit by means of fraud
or deceit;
(3) Been incompetent, grossly negligent or guilty of other
malpractice as defined by the board by rules; or
(4) Failed or refused to comply with the provisions of this
article or any rule promulgated by the board hereunder or any
order or final decision of the board.
(c) The board shall also suspend or revoke any license or
temporary permit if it finds the existence of any grounds which
would justify the denial of an application for such license or
temporary permit if application were then being made for it.
§30-33-10. Procedures for hearing.
(a) Whenever the board denies an application for any
original or renewal license or denies an application for a
temporary permit or suspends or revokes any license or temporary
permit, it shall make an interim order to that effect and serve
a copy thereof on the applicant or licensee, as the case may be,
by certified mail, return receipt requested. The order shall
state the grounds for the action taken and shall require that any
license or temporary permit suspended or revoked thereby shall be
returned to the board by the holder within twenty days after
receipt of said copy of said order.
(b) Any person adversely affected by any such order isentitled to a hearing thereon as to all issues not excluded from
the definition of a "contested case" as set forth in article one,
chapter twenty-nine-a of this code if, within twenty days after
receipt of a copy thereof, he files with the board a written
demand for such hearing. A demand for hearing shall operate
automatically to stay or suspend the execution of any order
suspending or revoking a license or temporary permit or denying
an application for a renewal license. The board may require the
person demanding such hearing to give reasonable security for the
cost thereof and if such person does not substantially prevail at
such hearing such cost shall be assessed against him and may be
collected by civil action or other proper remedy.
(c) Upon receipt of a written demand for such hearing, the
board shall set a time and place therefor not less than ten and
not more than thirty days thereafter. Any scheduled hearing may
be continued by the board upon its own motion or for good cause
shown by the person demanding the hearing.
(d) Any such hearing shall be conducted by a quorum of the
board. For the purpose of conducting the hearing any member of
the board may issue subpoenas and subpoenas duces tecum which
shall be issued and served within the time, for the fees and
shall be enforced as specified in section one, article five of
said chapter twenty-nine-a.
(e) At any such hearing the person who demanded the same may
represent himself or be represented by an attorney-at-law
admitted to practice before any circuit court of this state. Upon request by the board, it shall be represented at any such
hearing by the attorney general or his assistants without
additional compensation.
(f) After any such hearing and consideration of all
testimony, evidence and record in the case, the board shall
render its decision in writing. The written decision of the
board shall be accompanied by findings of fact and conclusions of
law as specified in section three, article five, chapter twenty-
nine-a of this code, and a copy of such decision and accompanying
findings and conclusions shall be served by certified mail,
return receipt requested, upon the person demanding such hearing,
and his attorney of record if any.
(g) The decision of the board is final unless reversed,
vacated or modified upon judicial review thereof in accordance
with the provisions of section eleven of this article.
§30-33-11. Judicial review; appeal to supreme court of appeals;
legal representation for board.
Any person adversely affected by a decision of the board
rendered after a hearing held in accordance with the provisions
of section ten of this article is entitled to judicial review
thereof.
The judgment of the circuit court is final unless reversed,
vacated or modified on appeal to the supreme court of appeals in
accordance with the provisions of section one, article six,
chapter twenty-nine-a of this code.
Legal counsel and services for the board in all appealproceedings in any circuit court and the supreme court of appeals
shall be provided by the attorney general or his assistants and
in any circuit court by the prosecuting attorney of the county as
well, all without additional compensation.
§30-33-12. Actions to enjoin violations.
Whenever it appears to the board that any person has been or
is violating or is about to violate any provisions of this
article, any rule promulgated hereunder or any order or final
decision of the board, the board may apply in the name of the
state to the circuit court of the county in which the violation
or violations or any part thereof has occurred, is occurring or
is about to occur, for an injunction against any such person and
any such other persons who have been, are or are about to be,
involved in any practice, acts or omissions so in violation
enjoining such person or persons from any such violation or
violations. The application may be made and prosecuted to
conclusion whether or not any violation or violations have
resulted or shall result in prosecution or conviction under the
provisions of section thirteen of this article.
Upon application by the board, the circuit courts of this
state may by mandatory or prohibitory injunction compel
compliance with the provisions of this article, the rules
promulgated hereunder and all orders and final decisions of the
board. The court may issue a temporary injunction in any case
pending a decision on the merits of any application filed.
The judgment of the circuit court upon any applicationpermitted by the provisions of this section shall be final unless
reversed, vacated or modified on appeal to the supreme court of
appeals. Any such appeal shall be sought in the manner and
within the time provided by law for appeals from circuit courts
in other civil actions.
The board shall be represented in all such proceedings by
the attorney general or his assistants and in such proceedings in
the circuit court by the prosecuting attorneys of the several
counties as well, all without additional compensation.
§30-33-13. Penalties.
Any person who violates any provisions of this article, any
of the rules promulgated hereunder, or any order or any final
decision of the board is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not more than one thousand
dollars, or imprisoned in the county jail not more than six
months, or both fined and imprisoned.
<l=1>
NOTE: The purpose of this bill is to establish minimum
standards of education, training and experience for diagnostic
medical sonographers.
This article is new; therefore, strike-throughs and
underscoring have been omitted.