Senate Bill No. 430
(By Senators Bowman, Bailey, Jenkins, Kessler, McCabe, Minard,
Plymale, White, Boley, Stollings, Love, and Foster)
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[Introduced February 1, 2007; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to repeal §30-23-6a and §30-23-6b of the Code of West
Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated §30-3-7a; to amend and
reenact §30-23-1, §30-23-2, §30-23-3, §30-23-4, §30-23-5,
§30-23-6, §30-23-7, §30-23-8, §30-23-9, §30-23-10, §30-23-11,
§30-23-12, §30-23-13 and §30-23-14 of said code; and to amend
said code by adding thereto sixteen new sections, designated
§30-23-15, §30-23-16, §30-23-17, §30-23-18, §30-23-19, §30-23-
20, §30-23-21, §30-23-22, §30-23-23, §30-23-24, §30-23-25,
§30-23-26, §30-23-27, §30-23-28, §30-23-29 and §30-23-30, all
relating to the practice of medical imaging and radiation
therapy; authorizing rulemaking for the Board of Medicine to
regulate radiologist assistants; changing the name of the
board; increasing the membership of the board; clarifying
license and permit requirements; defining scopes of practice; hearing requirements; penalties; and continuation of the
board.
Be it enacted by the Legislature of West Virginia:
That §30-23-6a and §30-23-6b of the Code of West Virginia,
1931, as amended, be repealed; that said code be amended by adding
thereto a new section, designated §30-3-7a; that §30-23-1, §30-23-
2, §30-23-3, §30-23-4, §30-23-5, §30-23-6, §30-23-7, §30-23-8, §30-
23-9, §30-23-10, §30-23-11, §30-23-12, §30-23-13 and §30-23-14 of
said code be amended and reenacted; and that said code be amended
by adding thereto sixteen new sections, designated §30-23-15, §30-
23-16, §30-23-17, §30-23-18, §30-23-19, §30-23-20, §30-23-21, §30-
23-22, §30-23-23, §30-23-24, §30-23-25, §30-23-26, §30-23-27, §30-
23-28, §30-23-29 and §30-23-30, all to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-7a. Findings and Rule-making authority.
(a) The Legislature finds that it is appropriate and in the
public interest to require the Board of Medicine to regulate the
practice of Radiologist Assistants.
(b) The West Virginia Board of Medicine, with the advice of
the West Virginia Medical Imaging and Radiation Therapy Technology
Board of Examiners, shall propose rules for legislative approval,
in accordance with the provisions of article three, chapter
twenty-nine-a of this code, to:
(1) Establish the scope of practice of a Radiologist Assistant;
(2) Develop the education and training requirements for a
Radiologist Assistant; and
(3) Regulate Radiologist Assistants.
ARTICLE 23. MEDICAL IMAGING and RADIATION THERAPY TECHNOLOGY.
§30-23-1. License required to practice.
The Legislature finds that in the interest of public health
that:
(1) The people of this state should be protected from
excessive and improper exposure to ionizing radiation, radioactive
isotopes, radio waves, and magnetic fields energy; and
(2) A person performing medical imaging or radiation therapy
technology in this state shall be licensed.
Therefore, it is the purpose of this article to regulate the
practice of medical imaging or radiation therapy in this state by
requiring that a person have a license, apprentice license or
permit when practicing medical imaging or radiation therapy
technology.
§30-23-2. Unlawful acts.
(a) It is unlawful for any person to practice or offer to
practice
medical imaging or radiation therapy technology
in this
state without a license,
apprentice license or permit
issued under
the provisions of this article, or advertise or use any title or
description tending to convey the impression that the person is a licensed M
edical Imaging Technologist or Radiation Therapy
Technologist
, unless such person has been duly licensed under the
provisions of this article, and such
license, apprentice license or
permit has not expired, been suspended or revoked.
(b) Without a licensee, it is unlawful for any business entity
to render any service or engage in any activity which if rendered
or engaged in by an individual, would constitute the practice of
medical imaging or radiation therapy technology.
§30-23-3. Applicable law.
The practice of medical imaging or radiation therapy
technology and the Medical Imaging and Radiation Therapy Technology
Board of Examiners are subject to the provisions of article one of
this chapter and the provisions of this article and any rules
promulgated thereunder.
§30-23-4. Definitions.
As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:
(a) "ASPMA" means the American Society of Podiatric Medical
Assistants.
(b) "Board" means the West Virginia Medical Imaging and
Radiation Therapy Technology Board of Examiners.
(c) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited liability company or other entity
providing
medical imaging or
radiation therapy technology.
(d) "Dental X rays" means X rays taken of the oral cavity with
x-ray units designed for this specific performance.
(e) "License" means a medical imaging and radiation therapy
technology license issued under the provisions of this article.
(f) "Licensed practitioner" means a person licensed in West
Virginia to practice medicine, chiropractic, podiatry, osteopathy
or dentistry.
(g) "Licensee" means a person holding a license issued under
the provisions of this article.
(h) "Magnetic Resonance Imaging or MRI" means the performance
of medical imaging using radio waves, magnetic fields and a
computer to produce images of the body tissues.
(i) "Medical Imaging" means the use of ionizing radiation,
electromagnetic radiation, or radioactivity for evaluation of body
tissue in order to diagnose injury and disease by means of image
production.
(j) "NMTCB" means the Nuclear Medicine Technology
Certification Board.
(k) "Nuclear Medicine Technologist" means a person holding a
nuclear medicine license issued under the provisions of this
article.
(l) "Nuclear Medicine Technology" means the compounding, calibrating, dispensing and administrating of
radio-pharmaceuticals, pharmaceuticals and radio-nuclides under the
direction of an individual listed as an authorized user by the U.S.
Nuclear Regulatory Commission for the production of images for
diagnosis and/or treatment of various disorders.
(m) "Permittee" means any person holding a podiatric medical
assistant permit issued pursuant to the provisions of this article.
(n) "PET/CT Technologist" means an individual recognized by
the board as qualified to operate a PET/CT scanner.
(o) "PET/CT Technology" means the operation of a Positron
Emission Tomography/Computerized Tomography scanner to view
internal images of the body.
(p) "Podiatric medical assistant" means a person who has been
issued a permit under the provisions of this article, to perform
podiatric radiographs.
(q) "Podiatric radiographs" means radiographs confined to the
foot and ankle performed on dedicated podiatric X ray equipment.
(r) "Practice of Medical Imaging and Radiation Therapy
Technology" means the practice of Radiologic Technology, Radiation
Therapy, Nuclear Medicine Technology and Magnetic Resonance Imaging
Technology.
(s) "Radiologic technologist" means a person, other than a
licensed practitioner, who applies medical imaging or assists in
the application of ionizing radiation to human beings for diagnostic or therapeutic purposes as prescribed by a licensed
practitioner.
(t) "Radiologic technology" means the application of ionizing
radiation or assisting in the application of medical imaging to
human beings for diagnostic or therapeutic purposes as prescribed
by a licensed practitioner.
(u) "Radiologist" means a licensed practitioner who has
successfully completed a residency in the field of Radiology and
specializes in the use of medical imaging for the diagnosis or
treatment of disease.
(v) "Radiologist Assistant or RA" means an individual who is
licensed under the rules of the West Virginia Board of Medicine and
has completed specialized training from an accredited program in
the profession and passed a written examination as recognized by
the West Virginia Board of Medicine.
(w) "Radiology resident" means a licensed practitioner who is
in training to become a Radiologist and who uses medical imaging in
the diagnosis or treatment of disease, under the supervision of a
Radiologist.
(x) "Supervision" means responsibility for and control of
quality, safety and technical aspects in the application of medical
imaging technology on human beings for diagnostic or therapeutic
purposes.
(y) "Technology" means Medical Imaging Technology or Radiation Therapy Technology.
§30-23-5. Medical Imaging and Radiation Therapy Technology Board
of Examiners.
(a) The West Virginia Radiologic Technology Board of Examiners
is hereby continued and commencing the first day of July two
thousand seven, shall be known as the West Virginia Medical Imaging
and Radiation Therapy Technology Board of Examiners. The members
of the board in office on the first day of July, two thousand
seven, shall, unless sooner removed, continue to serve until their
respective terms expire and until their successors have been
appointed and qualified.
(b) Commencing the first day of July two thousand seven, the
board shall consist of the following eleven members:
(1) One Radiologic Health Specialist from the Radiation,
Toxics and Indoor Air Division of the West Virginia Department of
Health and Human Resources;
(2) Three licensed practitioners, two of whom shall be
Radiologists;
(3) Three licensed Radiologic Technologists, one of whom shall
be an active medical imaging educator;
(4) One licensed Nuclear Medicine Technologist, appointed
prior to the first day of July, two thousand seven, by the Governor
with the advice and consent of the Senate;
(5) One licensed Magnetic Resonance Imaging technologist, appointed prior to the first day of July, two thousand seven, by
the Governor with the advice and consent of the Senate; and
(6) Two citizen members who are not licensed under the
provisions of this article and do not perform any services related
to the practice licensed under the provisions of this article.
(c) Each member shall be appointed for a term of three years
and may not serve more than two consecutive full terms. A member
having served two consecutive full terms may not be appointed for
one year after completion of his or her second full term. A member
shall continue to 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. Any
member serving on the board on the effective date of this article
may be reappointed in accordance with the provisions of this
section.
(d) Each member of the board shall be a resident of West
Virginia during the appointment term.
(e) The Radiologic Technologists, Nuclear Medicine
Technologists and the Magnetic Resonance Imaging Technologists
serving on the board shall maintain an active license with the
board.
(f) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office is
vacant.
(g) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(h) A licensed member of the board immediately and
automatically forfeits membership to the board if his or her
license to practice has been suspended or revoked. A member of the
board immediately and automatically forfeits membership to the
board if he or she is convicted of a felony under the laws of any
state or the United States, or becomes a nonresident of this state.
(i) The board shall designate one of its members as
Chairperson and one member as Secretary who shall serve at the will
of the board.
(j) Each member of the board shall receive compensation and
expense reimbursement in accordance with article one of this
chapter.
(k) A majority of the members of the board shall constitute a
quorum.
(l) The board shall hold at least two annual meetings. Other
meetings shall be held at the call of the Chairperson or upon the
written request of two members, at such time and place as
designated in the call or request.
(m) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the Constitution of this state.
§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's powers and duties include:
(1) Holding meetings, conducting hearings and administering
examinations and reexaminations;
(2) Setting the requirements for a license, apprentice license
and permit to practice Medical Imaging or Radiation Therapy
Technology;
(3) Establishing procedures for submitting, approving and
rejecting applications for a license, apprentice license and
permit;
(4) Determining the qualifications of any applicant for a
license, apprentice license and permit;
(5) Providing 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;
(6) Working 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) Preparing, conducting, administering and grading written,
examinations and reexaminations for a license, apprentice license
and permit;
(8) Contracting with third parties to prepare and/or
administer the examinations and reexaminations required under the
provisions of this article;
(9) Determining the passing grade for the examinations;
(10) Maintaining records of the examinations and
reexaminations the board or a third party administers, including
the number of persons taking the examination or reexamination and
the pass and fail rate;
(11) Maintaining an accurate registry of names and addresses
of all persons regulated by the board;
(12) Defining, by legislative rule, the fees charged under the
provisions of this article;
(13) Issuing, renewing, denying, suspending, revoking or
reinstating licenses, apprentice licenses and permits;
(14) Establishing, by legislative rule, the continuing
education requirements for licensees;
(15) Suing and being sued in its official name as an agency of
this state;
(16) Maintaining an office, and hiring, discharging, setting
the job requirements and fixing the compensation of employees and
investigators necessary to enforce the provisions of this article;
(17) Investigating alleged violations of the provisions of
this article, the rules promulgated hereunder, and orders and final
decisions of the board;
(18) Conducting disciplinary hearings of all persons regulated
by the board;
(19) Setting disciplinary action and issuing orders;
(20) Instituting appropriate legal action for the enforcement
of the provisions of this article;
(21) Keeping accurate and complete records of its proceedings,
and certifying the same as may be appropriate;
(22) Proposing rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article;
(23) Conferring with the Attorney General or his or her
assistants in connection with all legal matters and questions; and
(24) Taking all other actions necessary and proper to
effectuate the purposes of this article.
§30-23-7. Rule making.
(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to implement the provisions of this
article, including:
(1) Standards and requirements for licensure, apprentice
licensure and permits to practice medical imaging or radiation therapy technology;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or
administer examinations and reexaminations;
(4) Educational and experience requirements, and the passing
grade on the examination;
(5) Standards for approval of courses;
(6) Procedures for the issuance and renewal of a license,
apprentice license and permit;
(7) A fee schedule;
(8) Continuing education requirements for licensees;
(9) The procedures for denying, suspending, revoking,
reinstating or limiting the practice of a licensee or permittee;
(10) Requirements for inactive or revoked licenses, apprentice
licenses and permits; and
(11) Any other rules necessary to effectuate the provisions of
this article.
(b) All rules in effect on the effective date of this article
shall remain in effect until they are amended or repealed, and
references to provisions of former enactments of this act are
interpreted to mean provisions of this article.
§30-23-8. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines,
received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "Board of
Examiners of Medical Imaging Technology fund", which fund is hereby
continued. The fund shall be used by the board for the
administration of this article. Except as may be provided in
article one of this chapter, the board shall retain the amounts in
the special revenue account from year to year. No compensation or
expense incurred under this article is a charge against the general
revenue fund.
(b) Any amounts received as fines imposed pursuant to this
article shall be deposited into the general revenue fund of the
state Treasury.
§30-23-9. Requirements for Radiologic Technology license.
(a) To be eligible for a license to practice Radiologic
Technology, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Have successfully completed an accredited course in
Radiologic study technology, as determined by an accreditation body
recognized by the board, from a school of Radiologic Technology
that has been 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 under the laws of any state or the United States within five years preceding the date of
application for licensure, which conviction remains unreversed; and
(6) Not have been convicted of a misdemeanor or a felony under
the laws of any state or the United States at any time if the
offense for which the applicant was convicted related to the
practice of Medical Imaging, which conviction remains unreversed.
(b) A person seeking a Radiologic Technology license shall
submit an application on a form prescribed by the board and pay the
license fee, which fee shall be returned to the applicant if the
license application is denied.
(c) A Radiologic Technology license issued by the board prior
to the first day of July, two thousand seven, shall for all
purposes be considered a license issued under this article.
§30-23-10. Scope of Practice for a Radiologic Technologist.
The scope of practice of a Radiologic Technologist includes
the following:
(1) Analysis and correlation of procedure requests and
clinical information provided by a physician or patient, or both,
for pre-procedure determination of the appropriate exam, its
extent, and its scope;
(2) Evaluation of the physical, mental and emotional status of
the patient with respect to the ability to understand the risk
versus benefit of the procedure and to undergo the procedure
requested;
(3) Selection, preparation, and operation of radiography
equipment and accessories to perform procedures;
(4) Positioning patient to best demonstrate anatomy of
interest, while respecting patient's physical limitations and
comfort;
(5) Determination of radiographic exposure factors, setting of
factors on control panel, and application of x-ray exposures;
(6) Application of radiation protection principles to minimize
radiation exposure to patient, self, and others;
(7) Evaluation of images for technical quality;
(8) Performance of noninterpretive fluoroscopic procedures
according to institutional policy;
(9) Oversight of image processing standards and the
appropriate labeling of images;
(10) Administering contrast media after consultation with, and
under the supervision of, a physician who is immediately and
physically available;
(11) Maintaining values congruent with the profession's Code
of Ethics and scope of practice as well as adhering to national,
institutional and/or departmental standards, policies and
procedures regarding delivery of services and patient care; and
(12) Performing any other duties that the board authorizes for
a Radiologic Technologist.
§30-23-11. Scope of Practice for a Radiation Therapist.
The scope of practice for a Radiation Therapist includes the
following:
(1) Providing Radiation Therapy services by contributing as an
essential member of the radiation oncology treatment team through
provision of total quality care of each patient undergoing a
prescribed course of treatment;
(2) Evaluating and assessing treatment delivery components;
(3) Providing Radiation Therapy treatment delivery services to
cure or improve the quality of life of patients by accurately
delivering a prescribed course of treatment;
(4) Evaluating and assessing daily, the physiological and
psychological responsiveness of each patient to treatment delivery;
(5) Maintaining values congruent with the profession's Code of
Ethics and scope of practice as well as adhering to national,
institutional and/or departmental standards, policies and
procedures regarding treatment delivery and patient care; and
(6) Performing any other duties that the board authorizes for
a Radiation Therapist.
§30-23-12. Exemptions from Radiologic Technology license.
The following persons are not required to obtain a Radiologic
Technology license in accordance with the provisions of this
article:
(1) A Medical Imaging Technology student enrolled in and
attending an approved school of Medical Imaging Technology who as part of his or her course of study applies medical imaging
technology to a human being under the supervision of a licensed
Medical Imaging Technologist;
(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 of the oral
cavity;
(3) A person engaged in performing the duties of a Medical
Imaging Technologist in the person's employment by an agency,
bureau or division of the government of the United States;
(4) A licensed practitioner, Radiologist or Radiology
resident;
(5) A person licensed as a Radiologist Assistant under the
West Virginia Board of Medicine; and
(6) A person who demonstrated to the board, prior to the first
day of July, one thousand nine hundred ninety-nine, that he or she:
(A) Had engaged in the practice of Radiologic Technology for
the limited purpose of performing bone densitometry in this state
for five or more years;
(B) Practiced under the supervision of a licensed
practitioner; and
(C) Received a densitometry technologist degree certified by
the International Society for Clinical Densitometry.
§30-23-13. Requirements for temporary Radiologic Technology license.
(a) The board may issue a temporary Radiologic Technology
license to engage in the practice of Radiologic Technology in this
state to an applicant who meets the qualifications for a Radiologic
Technology license, but has not passed the examination.
(b) Temporary licenses expire as provided by rule.
§30-23-14. Radiologic Technology license from another state;
license to practice in this state.
(a) The board may issue a license to practice Radiologic
Technology in this state, without requiring an examination, to an
applicant from another jurisdiction who:
(1) Is not a resident of this state;
(2) Is of good moral character:
(3) Holds a valid Radiologic Technology license, certificate
or other authorization, including the American Registry of
Radiologic Technologists, to practice Radiologic Technology in
another jurisdiction and meets requirements which are substantially
equivalent to the Radiologic Technology licensure requirements set
forth in this article;
(4) Is not currently being investigated by a disciplinary
authority of this state or another jurisdiction, does not have
charges pending against his or her license or other authorization
to practice Radiologic Technology, and has never had a license or
other authorization to practice Radiologic Technology revoked;
(5) Has not previously failed an examination for licensure in
this state;
(6) Has paid all the applicable fees; and
(7) Has completed such other action as required by the board.
(b) A license, apprentice license or permit is not required
for a Medical Imaging or Radiation Therapy Technologist from
another jurisdiction, if that person:
(1) Is not a resident of this state;
(2) Holds a valid Medical Imaging or Radiation Therapy
Technology license, certificate or other authorization, to practice
Medical Imaging or Radiation Therapy Technology in another
jurisdiction and meets requirements which are substantially
equivalent to the Medical Imaging or Radiation Therapy Technology
licensure requirements set forth in this article;
(3) Has no regular place of practice in this state; and
(4) Engages in the practice of Medical Imaging or Radiation
Therapy Technology in this state for a period of not more than ten
days in any calendar year.
§30-23-15. Requirements for Nuclear Medicine Technologist license.
(a) To be eligible for a license to practice Nuclear Medicine
Technology, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Not have been convicted of a felony under the laws of any state or the United States within five years preceding the date of
application for licensure, which conviction remains unreversed;
(4) Not have been convicted of a misdemeanor or a felony under
the laws of any state or the United States at any time if the
offense for which the applicant was convicted related to the
practice of Medical Imaging, which conviction remains unreversed.
(5) Meet one of the following qualifications:
(A) Have a baccalaureate or associate degree in one of the
physical or biological sciences pertaining to the Medical Imaging
or Radiation Therapy profession;
(B) Have a baccalaureate or associate degree in other
disciplines of Medical Imaging with successful completion of
courses in the following areas: college algebra, physics or
chemistry, human anatomy, physiology, and radiation safety;
(C) National certification as a certified Nuclear Medicine
Technologist (CNMT);
(D) National certification as a Registered Radiographer (ARRT
(R));
(E) National certification as a Registered Radiographer
specializing in Nuclear Medicine (ARRT (N)); or
(F) National certification as a Radiation Therapist (ARRT(T));
and
(6) Pass an examination which has been approved by the board,
with a minimum passing score of seventy-five percent, which examination shall cover the basic subject matter of medical
imaging, radiation safety, skills and techniques as it pertains to
Nuclear Medicine.
(b) A person seeking a Nuclear Medicine Technology license
shall submit an application on a form prescribed by the board and
pay the license fee, which fee shall be returned to the applicant
if the license application is denied.
(c) A Nuclear Medicine Technology license issued by the board
prior to the first day of July, two thousand seven, shall for all
purposes be considered a license issued under this article:
Provided, That a person holding a Nuclear Medicine Technology
license issued prior to the first day of July, two thousand seven,
must renew the license pursuant to the provisions of this article.
§30-23-16. Scope of Practice for Nuclear Medicine Technologist.
The scope of practice for Nuclear Medicine Technology includes
the following:
(1) The practice of diagnostic in-vivo procedures and in-vitro
procedures which include:
(A) Analysis and correlation of procedure request and clinical
information provided by the referring physician or patient, or
both, for determination of appropriate exam, extent, and scope;
(B) Evaluation of the physical and emotional status of the
patient with respect to the ability to undergo the procedure
requested;
(C) Immediate pre-dose review of patient's identification,
prescribed dose quantity and route of administration, and
identification of the test agent designed to prevent dose
mis-administration;
(D) Preparation of the appropriate radiopharmaceutical with
measurement of dose activity;
(E) Administration of appropriate diagnostic dose levels of
radiopharmaceuticals;
(F) Administration of non-radioactive pharmaceuticals utilized
in conjunction with a nuclear medicine imaging or in-vivo
procedure, for example, cholecystokinin, furosemide, vitamin B
12
,
in accordance with hospital or facility procedures, excluding
narcotic and sedating medication;
(G) Selection of appropriate imaging or test parameters, or
both;
(H) Obtaining images according to established protocols and
any special views to optimize information as appropriate;
(I) Placement of patient in proper position using supportive
materials and immobilizer as necessary;
(J) Assuring appropriate image labeling as to patient;
(K) Monitoring of patient and equipment during procedure for
determination and application of any corrective actions necessary;
(L) Monitoring of data collection and processing and
performance of technical analysis of test results;
(M) Preparation and performance of laboratory in-vivo nuclear
medicine procedures, inclusive of the selection and operation of
laboratory counting equipment, performance of calculations and data
processing necessary for completion of lab procedures and the
submission of results to the physician or licensee;
(N) Oversight and application of image development; and
(O) Performance of in-vitro testing of serum, plasma, or other
body fluids using radio immunoassay, or similar ligand assay
methods.
(2) The practice for handling radiopharmaceuticals which
includes:
(A) Preparation, by means of tagging, compounding, etc., in
accordance with manufacturer's specifications;
(B) Measurement and calculation of activity of radionuclides
with a dose calibrator;
(C) Application of radioactive decay calculations to determine
required volume or unit form necessary to deliver the prescribed
radioactive dose; and
(D) Recording of radiopharmaceutical information on a
patient's permanent record.
(3) The practice for radionuclide therapy which includes:
(A) Assisting licensee in the preparation and applications of
therapeutic radionuclides;
(B) Oversight of radiation safety practices related to the handling and administration of radiopharmaceuticals for therapy of
patients;
(C) Maintenance of records of radioactive material receipt,
use, storage, and disposal in accordance with regulatory
requirements;
(D) Oversight and enforcement of radiation safety policies,
practices, and regulations regarding the possession and use of
radioactive materials;
(E) Performance of radiation safety procedures such as
radiation survey and wipe testing of incoming radioactive shipments
and facility fixtures;
(F) Maintaining values congruent with the profession's code of
ethics and scope of practice as well as adhering to national,
institutional and/or departmental standards, policies and
procedures regarding delivery of services and patient care; and
(G) Performing any other duties that the board determines may
be performed by a Nuclear Medicine Technologist.
(4) The scope of practice for a Nuclear Medicine Technologist
to operate a PET/CT unit requires that:
(A) The operation of a PET/CT unit that is only capable of
producing "nondiagnostic" CT images solely for the purpose of
fusion with PET images may be performed by an individual licensed
by the board as a Nuclear Medicine Technologist, provided the
licensee has obtained proper documented training that has been approved by the board in the radiation safety aspect of the
operation of these units; and
(B) The operation of a PET/CT unit with the capability of
producing "diagnostic" CT images shall require the Nuclear Medicine
Technologist dual certification in Nuclear Medicine(ARRT(N)or
NMTCB) and Radiologic Technology (ARRT (R)).
§30-23-17. Requirements for Magnetic Resonance Imaging
Technologist license.
(a) To be eligible for a license to practice Magnetic
Resonance Imaging Technology, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Not have been convicted of a felony under the laws of any
state or the United States within five years preceding the date of
application for licensure, which conviction remains unreversed;
(4) Not have been convicted of a misdemeanor or a felony under
the laws of any state or the United States at any time if the
offense for which the applicant was convicted related to the
practice of Medical Imaging, which conviction remains unreversed.
(5) Meet one of the following qualifications:
(A) Have a baccalaureate or associate degree in one of the
physical or biological sciences pertaining to the Medical Imaging
or Radiation Therapy profession;
(B) Have a baccalaureate or associate degree in other disciplines of Medical Imaging with successful completion of
courses in the following areas: college algebra, physics or
chemistry, human anatomy, physiology, and radiation safety;
(C) National certification as a certified Nuclear Medicine
Technologist (CNMT);
(D) National certification as a registered Radiographer (ARRT
(R));
(E) National certification as a registered Radiographer
specializing in Nuclear Medicine (ARRT (N)); or
(F) National certification as a Radiation Therapist (ARRT(T);
and
(6) Pass an examination which has been approved by the board,
with a minimum passing score of seventy-five percent, which
examination shall cover the basic subject matter of Medical
Imaging, radiation safety, skills and techniques as it pertains to
Magnetic Resonance Imaging.
(b) A person seeking a Magnetic Resonance Imaging Technology
license shall submit an application on a form prescribed by the
board and pay the license fee, which fee shall be returned to the
applicant if the license application is denied.
(c) A Magnetic Resonance Imaging Technology license issued by
the board prior to the first day of July, two thousand seven, shall
for all purposes be considered a license issued under this article:
Provided, That a person holding a Magnetic Resonance Imaging Technology license issued prior to the first day of July, two
thousand seven, must renew the license pursuant to the provisions
of this article.
§30-23-18. Scope of Practice for Magnetic Resonance Imaging
Technologist.
The scope of practice for Magnetic Resonance Imaging
Technology includes the following:
(1) Make arrangements with other departments for ancillary
patient services (e.g. transportation, anesthesia)
(2) Orient patient and family to requirements necessary for
the exam and instruct patient regarding preparation prior to
imaging procedures;
(3) Assist with scheduling patients and coordinating exams to
assure smooth work flow and review patient's chart to verify
physician's orders;
(4) Assist patient on and off the scanning table and maintain
communication and provide reassurance to patient throughout
scanning procedure;
(5) Obtain patient's medical history prior to scan and observe
patient's vital signs, O2 saturation, patient's level of
consciousness during scanning procedure, and observe patient's
physical status prior to discharge from the scanning procedure;
(6) Maintain controlled access to restricted area of strong
magnetic field to ensure safety of patients, visitors, and hospital personnel and screen patient for ferrous and RF-sensitive material
prior to entrance into magnetic field;
(7) Evacuate patient in emergency situation (e.g., quench,
code, metallic object);
(8) Provide hearing protection to patient and others;
(9) Inspect equipment to make sure it is operable and safe
(e.g., coils, cables, door seals), perform document and interpret
the results of daily QC tests (center frequency, signal to noise,
image quality and artifacts);
(10) Monitor specific absorption rate (SAR) and cryogen levels
(11) Position patient according to type of study indicated and
enter patient's data needed to initiate scan
(12) Explain the risks of contrast media injections, obtain
signed consent form, determine appropriate dose required, program
or activate the power injector and administer the contrast media;
(13) Select all parameters needed to obtain a highly
diagnostic image;
(14) Archive images to or retrieve images from data storage
devices;
(15) Evaluate quality of filmed images and reformat images;
(16) Perform automatic or manual frequency tuning;
(17) Differentiate between normal and abnormal images to
assess completion of procedure;
(18) Monitor image production and discriminate between technically acceptable and unacceptable images;
(19) Maintaining values congruent with the profession's code
of ethics and scope of practice as well as adhering to national,
institutional and/or departmental standards, policies and
procedures regarding delivery of services and patient care; and
(20) Perform any other duties that the board authorizes.
§30-23-19. Requirements for an apprentice
license for Nuclear
Medicine Technologists and Magnetic Resonance
Imaging Technologists.
(a) The board may issue an apprentice license to an individual
who is practicing as a Nuclear Medicine Technologist or a Magnetic
Resonance Imaging Technologist prior to the first day of July, two
thousand seven but has not obtained certification in the
discipline. A notarized letter, signed by the individual's
supervising licensed physician, must be submitted with the
individual's application, stating that the individual has performed
the duties of a Nuclear Medicine Technologist or Magnetic Resonance
Imaging Technologist prior to the first day of July, two thousand
seven.
(b) The apprentice license is valid for one year. An
apprentice license may be renewed annually for an additional four
years, giving the individual a total of five years to complete the
requirements and successfully pass the certification examination
for a Nuclear Medicine Technologist license or a Magnetic Resonance Imaging Technologist license. All individuals possessing an
apprentice license must work under the direct supervision of a
licensed practitioner or a technologist who is licensed in that
discipline.
(c) Any individual possessing a valid Medical Imaging license
issued by the Board and seeks to cross-train in the discipline of
Nuclear Medicine Technology or Magnetic Resonance Imaging
Technology, may obtain an apprentice license in that discipline for
the purpose of obtaining the necessary clinical experience
requirements in order to qualify to sit for the required
examination. This apprentice license will be valid for one year
and renewable for one year, giving a cross-trained individual two
years to obtain certification in the discipline
.
(d) Any individual not meeting the certification requirements
by the first day of July, two thousand twelve will not be permitted
to work as a Nuclear Medicine or Magnetic Resonance Imaging
Technologist.
§30-23-20. Requirements for Podiatric Medical Assistant permit.
(a) To be eligible for a Podiatric Medical Assistant permit to
perform podiatric radiographs, the applicant must:
(1) Be of good moral character;
(2) Have a high school diploma or its equivalent;
(3) Pass a written examination for certification from the
American Society of Podiatric Medical Assistants (ASPMA);
(4) Maintain an active certification in the American Society
of Podiatric Medical Assistants (ASPMA) and meet all requirements
of that organization including the continuing education
requirements;
(5) Not have been convicted of a felony under the laws of any
state or the United States within five years preceding the date of
application for licensure, which conviction remains unreversed; and
(6) Not have been convicted of a misdemeanor or felony under
the laws of any state or the United States at any time if the
offense for which the applicant was convicted related to the
practice of Radiologic Technology, which conviction remains
unreversed.
(b) A person seeking a Podiatric Medical Assistant permit
shall submit an application on a form prescribed by the board and
pay the permit fee, which fee shall be returned to the applicant if
the permit application is denied.
Upon application for renewal, the permittee shall submit
documentation of an active certification in ASPMA and payment of a
renewal fee.
(c) A Podiatric Medical Assistant permit issued by the board
prior to the first day of July, two thousand seven, shall for all
purposes be considered a permit issued under this article:
Provided, That a person holding a Podiatric Medical Assistant
permit issued prior to the first day of July, two thousand seven, must renew the permit pursuant to the provisions of this article.
§30-23-21. Scope of practice for Podiatric Medical Assistants.
The scope of practice for a Podiatric Medical Assistant
includes the following:
(a) The use of equipment specifically designed for the
performance of foot or ankle podiatric radiographs, as approved by
the board; and
(b) Performed under the supervision of a licensed Podiatrist.
§30-23-22. License and permit renewal requirements.
(a) A licensee and permittee shall annually renew his or her
license or permit by completing a form prescribed by the board,
paying a renewal fee, and submitting any other information required
by the board.
(b) The board shall charge a fee for each renewal of a license
or permit and a late fee for any renewal not paid in a timely
manner.
(c) The board shall require as a condition for the renewal of
a license and permit that each licensee or permittee complete
continuing education requirements.
(d) The board may deny an application for renewal for any
reason which would justify the denial of an original application
for a license or permit.
§30-23-23. Display of license.
(a) The board shall prescribe the form for a license and permit and may issue a duplicate license or permit
, upon payment of
a fee.
(b) A licensee shall conspicuously display his or her license
at his or her principal place of practice. A photocopy of the
original license shall be conspicuously displayed at his or her
secondary place of employment.
(c) A permittee shall conspicuously display his or her permit
at his or her principal place of practice. A photocopy of the
original permit shall be conspicuously displayed at his or her
secondary place of employment.
§30-23-24. Refusal to issue or renew, suspension or revocation;
disciplinary action.
(a) The board may refuse to issue, refuse to renew, suspend,
revoke or limit any license, apprentice license, permit or practice
privilege and may take disciplinary action against a licensee or
permittee who, after notice and a hearing, has been adjudged by the
board as unqualified for any of the following reasons:
(1) Fraud, misrepresentation or deceit in obtaining or
maintaining a license or permit;
(2) Failure by any licensee or permittee to maintain
compliance with the requirements for the issuance or renewal of a
license,
apprentice license
or
permit
;
(3) Dishonesty, fraud, professional negligence in the
performance of medical imaging or radiation therapy technology, or a willful departure from the accepted standards of practice and
professional conduct;
(4) Violation of any provision of this article or any rule
promulgated hereunder;
(5) Violation of any professional standard or rule of
professional conduct;
(6) Failure to comply with the provisions of this article or
any rule promulgated hereunder;
(7) Failure to comply with any order or final decision of the
board;
(8) Failure to respond to a request or action of the board;
(9) Conviction of a crime involving moral turpitude;
(10) Conviction of a felony or a crime involving dishonesty or
fraud or any similar crime under the laws of the United States,
this state or another jurisdiction, if the underlying act or
omission involved would have constituted a crime under the laws of
this state;
(11) Knowingly using any false or deceptive statements in
advertising.
(12) Any conduct adversely affecting the licensee's or
permittee's fitness to perform Medical Imaging or Radiation Therapy
Technology; or
(13) Except in emergency situations, failed to obtain written
authorization from the attending licensed practitioner or from the patient and if the patient is a minor, from a parent or a person
having custody of the minor.
(b) The board shall suspend or revoke any license or permit if
it finds the existence of any grounds which would justify the
denial of an application for such license or permit if application
were then being made for it.
(c) If the board suspends, revokes, refuses to issue, refuses
to renew or limits any license, permit or practice privilege, the
board shall make and enter an order to that effect and give written
notice of the order to the person by certified mail, return receipt
requested, which order shall include a statement of the charges
setting forth the reasons for the action, and notice of the date,
time and place of the hearing. If a license or permit is ordered
suspended or revoked, then the licensee or permittee shall, within
twenty days after receipt of the order, return the license,
apprentice license or permit to the board. The hearing shall be
held in accordance with the provisions of this article.
(d) Disciplinary action includes, but is not limited to, a
reprimand, censure, probation, administrative fines, and mandatory
attendance at continuing education seminars.
§30-23-25. Complaints; investigations; notice.
(a) The board may, on its own motion, conduct an investigation
to determine whether there are any grounds for disciplinary action
against a licensee or permittee. The board shall, upon the verified written complaint of any person, conduct an investigation
to determine whether there are any grounds for disciplinary action
against a licensee or permittee. For the purposes of an
investigation, a member of the board or the executive director of
the board may issue subpoenas and subpoenas duces tecum to obtain
testimony and documents to aid in the investigation.
(b) Upon receipt of a written complaint filed against any
licensee or permittee, the board shall provide a copy of the
complaint to the licensee or permittee.
(c) If the board finds, upon investigation, that probable
cause exists that the licensee or permittee has violated any
provision of this article or the rules promulgated hereunder, then
the board shall serve the licensee or permittee
with a written
statement of charges and a notice specifying the date, time and
place of the hearing. The hearing shall be held in accordance with
the provisions of this article.
§30-23-26. Hearing and judicial review.
(a)
Any person adversely affected by an order entered by the
board is entitled to a hearing.
A hearing on a statement of the
charges shall be held in accordance with the provisions for
hearings set forth in article one of this chapter and the
procedures specified by the board by rule.
(b) Either party may elect to have an administrative law judge
or hearing examiner conduct the hearing and must notify the other party
o
f the electi
o
n. The administrative law judge or hearing
examiner, at the conclusion of a hearing, shall prepare a proposed
order which shall contain findings of fact and conclusions of law.
Disciplinary action may be a part of the proposed order, or the
board may reserve this obligation for its consideration. The board
may accept, reject or modify the decision of the administrative law
judge or hearing examiner.
(c) For the purpose of conducting a hearing, a member of the
board or the executive director of the board may issue subpoenas
and subpoenas duces tecum which shall be issued, served, and
enforced as specified in section one, article five, chapter twenty-
nine-a of this code, and all of the said section one provisions
dealing with subpoenas and subpoenas duces tecum shall apply to
subpoenas and subpoenas duces tecum issued for the purpose of a
hearing hereunder.
(d) If, after a hearing, the board determines the licensee or
permittee has violated any provision of this article, or the
board's rules, a formal decision shall be prepared and signed by a
member of the board or the executive director of the board, which
contains findings of fact, conclusions of law and specifically
lists the disciplinary actions imposed.
(e) Any
licensee
or
permittee
adversely affected by any
decision of the board entered after a hearing, may obtain judicial
review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling
resulting from judicial review in accordance with article five,
chapter twenty-nine-a of this code.
(f) In addition to any other sanction imposed, the board may
require a licensee
or
permittee to pay the costs of the proceeding.
§30-23-27. Injunctions.
(a) When, by reason of an investigation under this article or
otherwise, the board or any other interested person believes that
a person has
violated or is about to violate any provision of this
article, any rule promulgated hereunder, any order of the board or
any final decision of the board,
the board or any other interested
person may apply to any court of competent jurisdiction for an
injunction against such person
enjoining such person from the
violation.
Upon a showing that the person has engaged in or is
about to engage in any prohibited act or practice, an injunction,
restraining order or other appropriate order may be granted by the
court without bond.
(b) The board may fine and/or issue cease and desist orders
against individuals and/or firms found to be in violation of the
provisions of this article or any rule adopted thereunder.
(c) A cause of action by the board may be brought in the
Circuit Court of Kanawha County or in the Circuit Court of the
county where the cause of action took place.
§30-23-28. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a person has
knowingly violated the provisions of this article, the board may
bring its information to the attention of the Attorney General or
other appropriate law-enforcement officer who may cause appropriate
criminal proceedings to be brought.
(b)
If a court of law finds that a person knowingly violated
any provision of this article, any rule promulgated hereunder, any
order of the board or any final decision of the board, then the
person is guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than one hundred dollars and no more than
one thousand dollars for each violation, imprisoned
for up to
six
months
for each violation, or both fined and imprisoned.
§30-23-29. Single act evidence of practice.
In any action brought or in any proceeding initiated under
this article, evidence of the commission of a single act prohibited
by this article is sufficient to justify a penalty, injunction,
restraining order or conviction without evidence of a general
course of conduct.
§30-23-30. Continuation of the
West Virginia Medical Imaging and
Radiation Therapy Technology Board of Examiners.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia Medical Imaging and Radiation Therapy
Technology Board of Examiners shall continue to exist until the first day of July, two thousand ten, unless sooner terminated,
continued or reestablished.
NOTE: The purpose of this bill is to revise the law governing
the practice of medical imaging and radiation therapy.
This article is completely rewritten; therefore,
strike-throughs and underscoring have been omitted.
This bill is recommended by the Joint Standing Committee on
Government Organization for passage during the 2007 Regular
Session.
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