hb2599 enr

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.

(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

(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.