9 AN ACT
providing for the regulation and licensing of radiologic tech-
10 nologists; granting
powers and duties of the state board of healing arts;
11 establishing a
radiologic technology council and providing for the func-
12 tions thereof;
declaring unlawful acts and penalties.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. Sections 1 through 12 and amendments thereto shall be
16 known and may be cited as the radiologic
technologists practice act.
17 Sec. 2. The
legislature hereby finds and declares that the citizens of
18 the state of Kansas are entitled to the
maximum protection practicable
19 from the harmful effects of improperly
performed medical imaging and
20 radiation therapy procedures; that the
protection can be increased by
21 requiring appropriate education and
credentialing of persons operating
22 medical equipment used for medical imaging
and radiation therapy pro-
23 cedures; and it is therefore necessary to
establish standards of education
24 and credentialing for these operators to
provide for appropriate exami-
25 nation and licensure.
26 Sec. 3. As
used in this act:
27 (a) "Board" means
the state board of healing arts.
28 (b) "Dental
assistant" means a person, other than a dental hygienist,
29 working under the direct supervision of a
licensed dentist for the purpose
30 of assisting such dentist in the
performance of the dental assistant's clin-
31 ical and clinical-related duties and who
has been trained by the dental
32 assistant's employing dentist or as defined
by the Kansas dental board,
33 on the proper use of dental radiographic
equipment for the purpose of
34 providing medical imaging of the maxilla
and mandible for diagnostic
35 purposes.
36 (c) "Direct
supervision" means the process by which the licensed
37 practitioner, licensed dentist or licensed
radiologic technologist supervis-
38 ing the student or dental assistant
performing a radiologic procedure be
39 present during the radiologic procedures
for purposes of consulting with
40 and directing the student or dental
assistant to assure that all such activ-
41 ities are performed accurately, safely and
without risks or harm to
42 patients.
43 (d) "Ionizing
radiation" means x-rays, gamma rays, alpha and beta
2
1 particles, high speed electrons,
protons, neutrons and other nuclear par-
2 ticles capable of producing ions
directly or indirectly in its passage
3 through matter.
4
(e) "License" means a certificate issued by the board
authorizing the
5 licensee to use radioactive materials
or medical imaging or radiation ther-
6 apy equipment on humans for
diagnostic or therapeutic purposes.
7
(f) "Licensed practitioner" means a person licensed to
practice med-
8 icine, dentistry, podiatry,
chiropractic or osteopathy in this state.
9
(g) "Medical imaging" means any procedure or article intended
for
10 use in the diagnosis of disease or other
medical conditions including, but
11 not limited to, diagnostic x-rays, nuclear
medicine and other procedures
12 and excluding echocardiography, diagnostic
sonography and magnetic
13 resonance imaging.
14 (h) "Nuclear
medicine technologist" means a person, other than a
15 licensed practitioner, who uses
radiopharmaceutical agents on humans
16 for diagnostic or therapeutic purposes.
17 (i) "Nuclear
medicine technology" means the use of radionuclides on
18 human beings for diagnostic or therapeutic
purposes.
19 (j) "Persons who
administer medical imaging or radiation therapy
20 procedures" means any person, other than a
licensed practitioner, who
21 intentionally administers medical imaging
or radiation therapy procedures
22 to other persons for medical purposes, and
includes radiographers, ra-
23 diation therapists and nuclear medicine
technologists licensed under this
24 act, but not diagnostic medical
sonographers.
25 (k) "Radiation
therapist" means a person, other than a licensed prac-
26 titioner, who applies radiation to humans
for therapeutic purposes.
27 (l) "Radiation
therapy" means the use of any radiation procedure or
28 article intended for the cure, mitigation
or prevention of disease in
29 humans.
30
(m) "Radiographer" means a person, other than a licensed
practi-
31 tioner, who applies radiation to humans for
diagnostic purposes.
32 (n) "Radiography"
means the use of ionizing radiation on human be-
33 ings for diagnostic purposes.
34 (o) "Radiologic
technologist" means any person who is a licensed ra-
35 diographer, radiation therapist or nuclear
medicine technologist.
36 (p) "Radiologic
technology" means the use of radioactive substance
37 or equipment emitting or detecting ionizing
radiation on humans for di-
38 agnostic or therapeutic purposes upon
prescription of a licensed practi-
39 tioner. The term includes the practice of
radiography, nuclear medicine
40 technology and radiation therapy
technology.
41 (q) "Radiologist"
means a physician certified by the American board
42 of radiology or the American osteopathic
board of radiology, the British
43 royal college of radiology, or the Canadian
college of physicians and
3
1 surgeons.
2
(r) "Student" means an individual enrolled in a course of
study for
3 medicine, osteopathy, chiropractic,
radiologic technology, podiatry, den-
4 tistry, dental hygiene and dental
assistant training.
5 Sec.
4. (a) No person, other than a licensed practitioner or
radiologic
6 technologist shall perform medical
imaging or radiation therapy proce-
7 dures on humans for diagnostic or
therapeutic purposes.
8 (b) A
person holding a license under this act shall use radioactive
9 substances or equipment for medical
imaging and radiation therapy pro-
10 cedures on humans only for diagnostic or
therapeutic purposes by pre-
11 scription of a licensed practitioner, and
only if the application of a sub-
12 stance or the use of equipment is limited
in a manner herein specified.
13 (c) The board
shall establish licensure standards for the radiographer,
14 radiation therapist, nuclear medicine
technologist and temporary and
15 conditional license holder. Only persons
licensed under this act shall be
16 entitled to use the titles or designated
letters of this act. No person shall
17 depict one's self orally or in writing,
expressly or by implication, as holder
18 of a license who does not hold a current
license under this act.
19 (d) No person
shall knowingly or negligently employ a person to apply
20 ionizing radiation or administer
radiopharmaceuticals to a human being
21 or otherwise engage in the practice of
radiologic technology unless the
22 person possesses a valid license issued
under the provisions of this act
23 within that specific category.
24 (e) A person
shall not apply ionizing radiation or administer radi-
25 opharmaceuticals to a human being or
otherwise engage in the practice
26 of radiologic technology unless the person
possesses a valid license or a
27 temporary or conditional license issued
under this act.
28 (f) Nothing in
the provisions of this act relating to medical imaging
29 or radiation therapy shall limit, enlarge
or affect the practice of a licensed
30 practitioner.
31 (g) The
requirement of a license shall not apply to a resident physi-
32 cian or a student enrolled in and attending
a school of medicine, oste-
33 opathy, chiropractic, podiatry, dentistry,
dental hygiene, dental assistant
34 training or radiologic technology while
under the direct supervision of a
35 licensed practitioner, radiographer,
radiation therapist or nuclear medi-
36 cine technologist.
37 (h) The
requirement of a license shall not apply to a dental assistant
38 as defined in this act.
39 (i) On and after
July 1, 2001, it shall be unlawful for any person who
40 is not licensed under this act or whose
license has been suspended or
41 revoked to hold one's self out to the
public as a licensed radiologic tech-
42 nologist, or use the words radiologic
technologist, radiographer, nuclear
43 medicine technologist or radiation
therapist, or any other words, letters,
4
1 abbreviations or insignia indicating
or implying that such person is a ra-
2 diologic technologist to practice the
art and science of radiologic
3 technology.
4 (j) The
radiologic technologists practice act recognizes the existence
5 of overlapping functions between
health care providers. Therefore, noth-
6 ing in this act is intended to limit,
preclude or otherwise interfere with
7 the practice of other health
providers formerly trained and licensed or
8 credentialed by appropriate agencies
of the state of Kansas.
9 (k) Any
violation of this section shall constitute a class B
10 misdemeanor.
11 Sec. 5. (a)
There is established the radiologic technology council to
12 assist the state board of healing arts in
carrying out the provisions of this
13 act. The council shall consist of nine
members, all citizens and residents
14 of the state of Kansas appointed as
follows: The board shall appoint two
15 members; one of which shall be a physician,
the other one, as designated
16 by the board. The governor shall appoint:
Two members who shall be
17 radiographers; one member who shall be a
nuclear medicine technologist;
18 one member who shall be a radiation
therapist; one member who shall
19 be a hospital administrator currently
employed by a hospital; and two
20 members who shall be radiologists certified
by the American board of
21 radiology.
22 (b) Council
members shall have been actively practicing in their fields
23 for not less than five years.
24 (c) The terms of
office shall be four years, except that of the members
25 first appointed, three shall be appointed
for a term of one year, three for
26 a term of two years, and three for a term
of three years. The members
27 appointed by the state board of healing
arts shall serve at the pleasure of
28 the state board of healing arts. Members
appointed by the governor shall
29 serve at the pleasure of the governor. If a
vacancy occurs on the council,
30 the appointing authority of the position
which has become vacant shall
31 appoint a person of like qualifications to
fill the vacant position for the
32 unexpired term.
33 (d) Radiologic
technologists initially appointed to the council must be
34 eligible for licensure under subsection (a)
of section 10 and amendments
35 thereto; thereafter, they must be licensed
under the provisions of this act.
36 (e) The council,
for administrative purposes, shall meet at least once
37 each year at a time and place of its
choosing and at such other times as
38 may be necessary on the chairperson's call.
The first meeting of the coun-
39 cil shall be for organization only.
40 (f) A majority of
the council constitutes a quorum. No action may be
41 taken by the council except by affirmative
vote of the majority of the
42 members present and voting.
43 (g) Members of
the council attending meetings of the council, or a
5
1 subcommittee of the council, shall be
paid amounts provided in subsec-
2 tion (e) of K.S.A. 75-3223, and
amendments thereto, from the healing
3 arts fee fund.
4 Sec.
6. The radiologic technology council shall advise the board
re-
5 garding: (a) Examination and
licensing fees; (b) rules and regulations to
6 be adopted to carry out the
provisions of section 1 through 12, and
7 amendments thereto; (c) subject areas
to be covered during schooling
8 and on the licensure examination; (d)
the number of yearly continuing
9 education hours required to maintain
active licensure; (e) changes and
10 new requirements taking place in the area
of radiologic technology; and
11 (f) such other duties and responsibilities
as the board may assign.
12 Sec. 7. (a)
The board, with the advice and assistance of the examining
13 council, shall pass upon the qualifications
of all applicants for examination
14 and licensing, provide for examinations,
determine the applicants who
15 successfully pass the examination, duly
license such applicants, adopt
16 rules and regulations as may be necessary
to administer the provisions of
17 section 2 through 12, and amendments
thereto, and prescribe forms
18 which shall be issued in the administration
of this act. The rules and
19 regulations shall establish criteria which
a school teaching radiologic tech-
20 nologies shall satisfy in meeting the
standards for approval of an educa-
21 tional course of study and clinical
experience, continuing education cri-
22 teria, practice protocols, criteria for
registration procedures for the
23 examination of applicants and for
professional conduct and discipline. The
24 board shall keep a record of all
proceedings under section 1 through 11,
25 and amendments thereto, and a roster of all
individuals licensed under
26 this act. The board shall conduct hearings
upon charges calling for dis-
27 cipline of a licensee.
28 (b) The board,
after obtaining the advice and assistance of the ex-
29 amining council, shall establish by rules
and regulations, the date for ex-
30 piration of a license under this act
providing for the renewal of expired,
31 suspended and revoked licenses on a
continuing basis throughout the
32 year. In each case in which a license is
renewed for a period of time less
33 than one year, the board may prorate the
amount of the fee set established
34 under section 11, and amendments thereto.
The request for renewal shall
35 be on a form provided by the board and
shall be accompanied by the
36 prescribed fee and satisfactory evidence of
having successfully completed
37 the required number of continuing education
courses prescribed by rule
38 and regulation.
39 (c) The board,
after obtaining the advice and assistance of the ra-
40 diologic technology council, shall
establish by rules and regulations, pro-
41 cedures for reinstatement of expired and
revoked licenses on a continuing
42 basis throughout the year.
43 Sec. 8. (a)
An applicant applying for licensure as a person who ad-
6
1 ministers radiologic technology
procedures shall file a written application
2 on forms provided by the board,
showing to the satisfaction of the board
3 that the applicant meets the
following requirements: (1) At the time of
4 the application is at least 18 years
of age; and (2) has successfully com-
5 pleted a four-year course of study in
a secondary school approved by the
6 state board of education, passed an
approved equivalency test, or has
7 graduated from a secondary school
outside Kansas having comparable
8 approval by the state board of
education.
9 (b) In
addition to the requirements of subsection (a), any person
10 seeking to obtain a license in a specific
area of radiologic technology must
11 comply with the following requirements:
12 (1) Each
applicant for a license as a radiographer, radiation therapist
13 or nuclear medicine technologist shall have
satisfactorily completed a
14 course of study in radiography, radiation
therapy or nuclear medicine
15 technology, respectively, which is approved
by the board.
16 (2) The
curriculum for each course of study shall be no less stringent
17 than the standards of existing national
organizations which approve med-
18 ical imaging and radiation therapy
programs, provided the standards are
19 not in conflict with board policy.
20 Sec. 9. (a)
Each applicant for licensure shall pass a license exami-
21 nation approved by the board.
22 (b) For a period
not to exceed three years from the effective date of
23 this act, the board shall admit to
examination for licensure a person who
24 has practiced for a minimum of two of the
three years immediately pre-
25 ceding the effective date of this act, as a
radiographer, radiation therapist,
26 or nuclear medicine technologist.
27 (c) An applicant
for renewal shall submit proof of having successfully
28 completed continuing education courses as
prescribed by rule and
29 regulation.
30 (d) The board may
accept, in lieu of its own licensure examination, a
31 current certificate by the American
registry of radiologic technologists,
32 nuclear medicine technologist certification
board or other recognized na-
33 tional voluntary credentialing bodies,
which the board finds was issued
34 on the basis of an examination which meets
standards at least as stringent
35 as those established by the board.
36 (e) The board may
accept, in lieu of its own examination, a current
37 certificate, registration or license of an
applicant which was issued by
38 another state, whose standards the board
finds are at least as stringent as
39 those established by the board.
40 Sec.
10. (a) The board may issue a license to each applicant
who
41 successfully meets the requirements for
licensure under sections 8 and
42 9, and amendments thereto, and has paid the
prescribed fees.
43 (b) The board may
issue a temporary license to any person whose
7
1 licensure or relicensure may be
pending and when issuance may be jus-
2 tified by special circumstances. A
temporary license shall be issued only
3 if the board finds that it will not
violate the purpose of this act or endanger
4 the public health and safety. Such
temporary licensure shall expire when
5 determination is made either to issue
or deny the applicant a regular
6 license and in no event shall a
temporary license be issued for a period
7 longer than 180 days. No more than
one such temporary license shall be
8 permitted to any one person, without
the majority approval of the mem-
9 bers of the council and board.
10 (c) The board may
issue a conditional license to persons who have
11 practiced for a minimum of two of the three
years immediately preceding
12 the effective date of this act, as a
radiographer, radiation therapist or
13 nuclear medicine technologist. No
conditional license shall be in effect
14 after June 30, 2004.
15 (d) A person
whose license has been suspended or revoked may make
16 written application to the board requesting
reinstatement of the license
17 upon termination of the period of
suspension or revocation in a manner
18 prescribed by the board, which application
shall be accompanied by the
19 fee provided for in section 11, and
amendments thereto.
20 (e) A licensee
holding a license under this act whose license has
21 lapsed and who has ceased activities
permitted in this act, may apply for
22 relicensure upon making a request for
renewal upon a form provided by
23 the board and payment of a fee set by the
board and satisfactorily meeting
24 the requirements established by rules and
regulations of the board.
25 (f) At least 30
days before the expiration of a license issued under
26 this act, the board shall notify the
licensee of the expiration date by mail
27 addressed to the licensee's last mailing
address as noted upon office
28 records.
29 (g) A licensee
holding a license under this act shall notify the board
30 in writing within 30 days of any name or
address change.
31 Sec.
11. (a) The board shall charge and collect in advance fees
pro-
32 vided for in this act as fixed by the board
by rules and regulations, but
33 not exceeding:
34
Application for examination
$50
35
Application for license
50
36
Temporary or conditional licensing fee
50
37
License renewal
50
38
Late license renewal
60
39
License reinstatement fee
50
40
Certified copy of license
20
41
Verified copy
10
42 (b) If the
examination is not administered by the board, the board
43 may require that fees paid for any
examination under the radiologic tech-
8
1 nologists practice act be paid
directly to the examination service by the
2 person taking the examination.
3 Sec.
12. (a) The license of a licensee may be limited, suspended
or
4 revoked, or the individual may be
censured, reprimanded or otherwise
5 sanctioned by the board in accordance
with the provisions and procedures
6 of this act or an application for a
license may be denied if, after due
7 process, it is found that the
individual:
8 (1) Is
guilty of fraud or deceit in the procurement or holding of the
9 license;
10 (2) has been
convicted of a felony in a court of competent jurisdiction,
11 either within or outside of this state,
unless the conviction has been re-
12 versed and the holder of the license
discharged or acquitted or if the
13 holder has been pardoned with full
restoration of civil rights in which
14 case the license shall be restored;
15 (3) is addicted
to or has distributed intoxicating liquors or drugs for
16 other than lawful purposes;
17 (4) is or has
been afflicted with any medical problem, disability, or
18 addiction which, in the opinion of the
board, would impair professional
19 competence;
20 (5) has aided and
abetted a person who is not a licensee under this
21 act or is not otherwise authorized to
perform the duties of a license holder
22 under this act;
23 (6) has
undertaken or engaged in any practice beyond the scope of
24 duties permitted a licensee under this
act;
25 (7) has engaged
in the practice of radiologic technology under a false
26 or assumed name or the impersonation of
another licensee. The provi-
27 sions of this subsection relating to an
assumed name shall not apply to
28 licensees practicing under a professional
corporation or other legal entity
29 authorized to provide such professional
services in Kansas;
30 (8) has been
found guilty of unprofessional conduct which the board
31 may establish by rules and regulations;
32 (9) has
interpreted a diagnostic image for a fee; or
33 (10) is, or has
been found guilty of incompetence or negligence while
34 performing as a license holder.
35 (b) The denial,
refusal to renew, suspension or revocation of a license
36 may be ordered by the board after notice
and hearing on the matter in
37 accordance with the provisions of the
Kansas administrative procedure
38 act.
39 Sec. 13. This act shall
take effect and be in force from and after its
40 publication in the statute book.