BILL NUMBER: AB 1092	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 27, 2015

   An act to amend Section 114870 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1092, as introduced, Mullin. Public health: radiologic
technologists.
   Existing law provides for the certification and regulation of
radiologic technologists by the State Department of Public Health.
Existing law authorizes the department to adopt regulations to
implement those provisions, as specified. Existing law authorizes the
department to charge a fee for a certificate issued under those
provisions. Existing law requires a fee collected under those
provisions to be deposited into the Radiation Control Fund, subject
to appropriation by the Legislature. A violation of those provisions
is a crime.
   This bill would make technical, nonsubstantive changes to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 114870 of the Health and Safety Code is amended
to read:
   114870.  The department shall do all of the following:
   (a) Upon recommendation of the committee, adopt regulations as may
be necessary to accomplish the purposes of this chapter.
   (b) (1) Provide for  the  certification of radiologic
technologists, without limitation as to procedures or areas of
application, except as provided in Section 106980. Separate
certificates shall be provided for diagnostic radiologic technology,
for mammographic radiologic technology, and for therapeutic
radiologic technology. If a person has received accreditation to
perform mammography from a private accreditation organization, the
department shall consider this accreditation when deciding to issue a
mammographic radiologic technology certificate.
   (2) Provide, upon recommendation of the committee, that a
radiologic technologist who operates digital radiography equipment
devote a portion of his or her continuing education credit hours to
continuing education in digital radiologic technology.
   (c) (1) (A) Provide, as may be deemed appropriate, for 
granting   issuing  limited permits to persons to
conduct radiologic technology limited to the performance of certain
procedures or the application of X-rays to specific areas of the
human body, except for mammography, prescribe minimum standards of
training and experience for these persons, and prescribe procedures
for examining applicants for limited permits. The minimum standards
shall include a requirement that persons  granted 
 issued  limited permits under this subdivision shall meet
those fundamental requirements in basic radiological health training
and knowledge similar to those required for persons certified under
subdivision (b) as the department determines are reasonably necessary
for the protection of the health and safety of the public.
   (B) Provide that an applicant for approval as a limited permit
X-ray technician in the categories of chest radiography, extremities
radiography, gastrointestinal radiography, genitourinary radiography,
leg-podiatric radiography, skull radiography, and torso-skeletal
radiography, as these categories are defined in Section 30443 of
Title 17 of the California Code of Regulations, shall have at least
50 hours of education in radiological protection and safety. The
department may allocate these hours as it deems appropriate.
   (2) Provide that a limited permit X-ray technician in the
categories of chest radiography, extremities radiography,
gastrointestinal radiography, genitourinary radiography,
leg-podiatric radiography, skull radiography, and torso-skeletal
radiography, as these categories are defined in Section 30443 of
Title 17 of the California Code of Regulations, may perform digital
radiography within their respective scopes of practice after
completion of 20 hours or more of instruction in digital radiologic
technology approved by the department. This requirement shall not be
construed to preclude limited permit X-ray technicians in the
categories of dental laboratory radiography and X-ray bone
densitometry from performing digital radiography upon meeting the
educational requirements determined by the department.
   (3) Provide, upon recommendation of the committee, that a limited
permit X-ray technician who has completed the initial instruction
described in paragraph (2) devote a portion of his or her required
continuing education credit hours to additional continuing
instruction in digital radiologic technology.
   (d) Provide for the approval of schools for radiologic
technologists. Schools for radiologic technologists shall include 20
hours of approved instruction in digital radiography. The department
may exempt a school from this requirement as it deems appropriate.
   (e) Provide, upon recommendation of the committee, for
certification of licentiates of the healing arts to supervise the
operation of X-ray machines or to operate X-ray machines, or both,
prescribe minimum standards of training and experience for these
licentiates of the healing arts, and prescribe procedures for
examining applicants for certification. This certification may limit
the use of X-rays to certain X-ray procedures and the application of
X-rays to specific areas of the human body.
   (f) (1) Provide for certification of any physician and surgeon to
operate, and supervise the operation of, a bone densitometer, if that
physician and surgeon provides the department a certificate that
evidences training in the use of a bone densitometer by a
representative of a bone densitometer machine manufacturer, or
through any radiologic technology school. The certification shall be
valid for the particular bone densitometer the physician and surgeon
was trained to use, and for any other bone densitometer that meets
all of the criteria specified in subparagraphs (A) to (C), inclusive,
if the physician and surgeon has completed training, as specified in
subparagraph (A) of paragraph (2), for the use of that bone
densitometer. The physician and surgeon shall, upon request of the
department, provide evidence of training, pursuant to subparagraph
(A) of paragraph (2), for the use of any bone densitometer used by
the physician and surgeon. The activity covered by the certificate
shall be limited to the use of an X-ray bone densitometer to which
all of the following is applicable:
   (A) The bone densitometer does not require user intervention for
calibration.
   (B) The bone densitometer does not provide an image for diagnosis.

   (C) The bone densitometer is used only to estimate bone density of
the heel, wrist, or finger of the patient.
   (2) The certificate shall be accompanied by a copy of the
curriculum covered by the manufacturer's representative or radiologic
technology school. The curriculum shall include, at a minimum,
instruction in all of the following areas:
   (A) Procedures for operation of the bone densitometer by the
physician and surgeon, and for the supervision of the operation of
the bone densitometer by other persons, including procedures for
quality assurance of the bone densitometer.
   (B) Proper radiation protection of the operator, the patient, and
third parties in proximity to the bone densitometer.
   (C) Provisions of Article 5 (commencing with Section 106955) of
Chapter 4 of Part 1 of Division 104.
   (D) Provisions of Chapter 6 (commencing with Section 114840) of
Part 9 of Division 104.
   (E) Provisions of Group 1 (commencing with Section 30100) of
Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California
Code of Regulations.
   (F) Provisions of Group 1.5 (commencing with Section 30108) of
Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California
Code of Regulations.
   (G) Provisions of Article 1 (commencing with Section 30250) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
   (H) Provisions of Article 2 (commencing with Section 30254) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
   (I) Provisions of Article 3 (commencing with Section 30265) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
   (J) Provisions of Article 4 (commencing with Section 30305) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
   (K) Provisions of Subchapter 4.5 (commencing with Section 30400)
of Chapter 5 of Division 1 of Title 17 of the California Code of
Regulations.
   (3) (A) Notwithstanding any other provision of law, this
subdivision shall constitute all the requirements that must be met by
a physician and surgeon in order to operate, and supervise the
operation of, a bone densitometer. The department may adopt
regulations consistent with this section in order to administer the
certification requirements.
   (B) No person may be supervised by a physician and surgeon in the
use of a bone densitometer unless that person possesses the necessary
license or permit required by the department.
   (C) Nothing in this subdivision shall affect the requirements
imposed by the committee or the department for the registration of a
bone densitometer machine, or for the inspection of facilities in
which any bone densitometer machine is operated.
   (D) This subdivision shall not apply to a licentiate of the
healing arts who is certified pursuant to subdivision (e) or pursuant
to Section 107111.
   (E) The department shall charge a fee for a certificate issued
pursuant to this subdivision to the extent necessary to administer
certification. The fee shall be in an amount sufficient to cover the
department's costs of implementing this subdivision and shall not
exceed the fee for certification to operate or supervise the
operation of an X-ray machine pursuant to subdivision (e). The fees
collected pursuant to this subparagraph shall be deposited into the
Radiation Control Fund established pursuant to Section 114980.
   (g) Upon recommendation of the committee, exempt from
certification requirements those licentiates of the healing arts who
have successfully completed formal courses in schools certified by
the department and who have successfully passed a roentgenology
technology and radiation protection examination approved by the
department and administered by the board that issued his or her
license.