ENROLLED
H. B. 2672
(By Mr. Speaker, Mr. Kiss, and Delegates
Compton, Leach, Douglas, Mezzatesta,
Staton and Martin)
[Passed March 12, 1999; in effect ninety days from passage.]
AN ACT to amend and reenact sections three and six, article
twenty-three, chapter thirty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, all
relating to exempting certified densitometry technologists
from obtaining radiologic technologist licenses; and
eliminating obsolete "grandfather" provisions for licensure.
Be it enacted by the Legislature of West Virginia:
That sections three and six, article twenty-three, chapter
thirty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.
§30-23-3. License required.
(a) No person may engage in, offer to engage in, or hold
himself or herself out to the public as being engaged in, the
practice of radiologic technology 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), (2), (3), (4) and (5), subsection (c), section
six of this article, the word radiologic technologist 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 radiologic technology, unless and
until the person first obtains a license or temporary permit to
engage in the practice of radiologic technology in accordance
with the provisions of this article, which license or temporary
permit remains unexpired, unsuspended and unrevoked: Provided,
That no such license or temporary permit may be required for a
radiologic technologist who is not a resident of this state, who
is the holder of a license or certificate to engage in the
practice of radiologic technology 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 radiologic technology 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 radiologic technology.
§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 reasonable rule and regulation prescribe, and pay
to the board a license fee of thirty dollars, which fee shall be
returned to the applicant if the license application is denied.