ENGROSSED
H. B. 4138
(By Delegates Morgan, Stephens, Swartzmiller,
Hartman, Staggers, D. Poling, Givens, Martin,
C. Miller, Porter and Rowan)
[Introduced January 19, 2010; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §30-23-6, of the Code of West Virginia,
1931, as amended, relating to clarifying the authority of the
Medical Imaging and Radiation Therapy Technology Board of
Examiners to work with the Board of Medicine regarding the
regulation of the practice of Radiologist Assistants
.
Be it enacted by the Legislature of West Virginia:
That
§30-23-6, of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.
§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 Assistants;
(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, permittees, 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.
NOTE: The purpose of this bill is to
include radiologist
assistants
under the regulating authority of the West Virginia
Medical Imaging and Radiation Therapy Technology Board of
Examiners
.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.