H. B. 2772
(By Delegates Fleischauer, Hatfield, Bean,
Talbott, Foster, Poling and Susman)
[Introduced January 29, 2003; referred to the
Committee on Health and Human Resources then Government
A BILL to amend and reenact sections two and six, article
twenty-three, chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
defining podiatric medical assistants and the eligibility
requirements to obtain a permit to perform podiatric
Be it enacted by the Legislature of West Virginia:
That sections two 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
ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.
Unless the context in which used clearly requires a different
meaning, as used in this article:
(a) "ASPMA" means the American Society of Podiatric Medical
(a) (b) "Board" means the West Virginia radiologic technology
board of examiners.
(b) (c) "License" means a license granted and issued by the
board for the practice of radiologic technology.
(c) (d) "Licensed practitioner" means a person licensed to
practice medicine, chiropractic, podiatry, osteopathy or dentistry.
(d) (e) "Licensee" means any person holding a license or a
temporary permit issued under the provisions of this article.
(f) "Podiatric medical assistant" means a person granted a
permit by the board for performance of podiatric radiographs.
(g) "Podiatric radiographs" means radiographs confined to the
foot and ankle performed on dedicated podiatric X ray equipment.
(e) (h) "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
(f) (i) "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) (j) "Radiologist" means a licensed practitioner who specializes in the use of ionizing radiation for the diagnosis or
treatment of disease.
(h) (k) "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) (l) "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
(j) (m) "Technology" hereinafter relates to radiologic
§30-23-6. Qualifications of applicants; exceptions; applications;
(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
(3) Have successfully completed an
course as determined by an accreditation body recognized by the
board. This accredited course in radiologic study technology must
be in a school of radiologic technology which has been approved by
(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
(c) To be eligible for a permit to perform podiatric
radiographs, the applicant must:
(1) Meet requirements of subdivision (1) through (5),
subsection (a), section six, article twenty-three, chapter thirty
of this code;
(2) Pass a written examination for certification from the American Society of Podiatric Medical Assistants (ASPMA);
(3) Maintain an active certification in the American Society
of Podiatry Assistants (ASPMA) and meet all requirements of that
organization including the continuing education requirements;
(4) Only use equipment specifically designed for the
performance of foot/ankle podiatric radiographs and the type of
equipment must be approved by the board; and
(5) All podiatric radiographs must be performed under the
supervision of a licensed podiatrist. The permittee must
prominently display their original permit in public view in their
primary place of employment and a duplicate permit issued by the
board in their secondary place of employment.
(d) This permit is valid for a period of one year from the
date issued and shall be renewed every year without examination.
Upon application for renewal, the permittee must submit
documentation of an active certification in ASPMA, be on a form
provided by the board, and payment of a renewal fee established by
(c) (e) 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
(5) Any person who demonstrates to the board that as of the
first day of July, one thousand nine hundred ninety-nine, he or
(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
(C) Has received a densitometry technologist degree certified
by the international society for clinical densitometry.
(d) (f) Any person seeking a license shall submit an
application therefor at such time, in such manner, on such forms
and containing such information as the board may from time to time
by legislative rule prescribe, and shall pay to the board a license
fee, which fee shall be returned to the applicant if the license
application is denied.
NOTE: The purpose of this bill is to define podiatric medical
assistants and the eligibility requirements to obtain a permit to
perform podiatric radiographs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would