1 ARTICLE 23. RADIOLOGIC TECHNOLOGISTS Legislative findings and declarations of public policy. The Legislature finds and declares that in the interest of public health, the people of this state should be protected from excessive and improper exposure to ionizing radiation. It is the purpose of this article to establish minimum standards of education, training and experience for radiologic technologists and to prescribe means for assuring that these standards are met Definitions. 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 assistants. (b) "Board" means the West Virginia radiologic technology board of examiners. (c) "License" means a license granted and issued by the board for the practice of radiologic technology. (d) "Licensed practitioner" means a person licensed to practice medicine, chiropractic, podiatry, osteopathy or dentistry. (e) "Licensee" means any person holding a license or a temporary permit issued pursuant to the provisions of this article. (f) "Permitee" means any person holding a podiatric medical assistant permit issued pursuant to the provisions of this article. (g) "Podiatric medical assistant" means a person who has met the requirements of section six-a and who has been granted a permit by the board for performance of podiatric radiographs. (h) "Podiatric radiographs" means radiographs confined to the foot and ankle performed on dedicated podiatric X-ray equipment. (i) "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 licensed practitioner. (j) "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. (k) "Radiologist" means a licensed practitioner who specializes in the use of ionizing radiation for the diagnosis or treatment of disease. (l) "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.
2 (m) "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 purposes. (n) "Technology" hereinafter relates to radiologic technology License required. (a) No person may engage in, offer to engage in, or hold himself or herself out to the public as being engaged in, the practice of radiologic technology in this state, nor may any person use in connection with any trade, business, profession or occupation, except in those instances specifically provided in subdivisions (1), (2), (3), (4) and (5), subsection (c), section six of this article, the word radiologic technologist or any other title, word or abbreviation which induces or tends to induce the belief that such person is qualified to engage or is engaged in the practice of radiologic technology, unless and until the person first obtains a license or temporary permit to engage in the practice of radiologic technology in accordance with the provisions of this article, which license or temporary permit remains unexpired, unsuspended and unrevoked: Provided, That no such license or temporary permit may be required for a radiologic technologist who is not a resident of this state, who is the holder of a license or certificate to engage in the practice of radiologic technology issued by a state with licensing or certification requirements determined by the board to be at least equal to those provided in this article, who has no regular place of practice in this state and who engages in the practice of radiologic technology in this state for a period of not more than ten days in any calendar year. (b) No firm, association or corporation may, except through a licensee or licensees, render any service or engage in any activity which if rendered or engaged in by any individual would constitute the practice of radiologic technology Creation of board of examiners of radiologic technologists; members; appointment by governor; qualifications; terms; vacancies; officers; oath; compensation; general provisions. There is hereby created a West Virginia radiologic technology board of examiners, hereinafter called the board. The governor shall appoint the members of such board, by and with the advice and consent of the Senate. The board shall consist of nine members, composed of one member from the division of radiologic health of the West Virginia state department of health, two lay members, three licensed practitioners, two of whom shall be radiologists, and three radiologic technologists who are licensed hereunder. Each member shall be appointed for a term of three years and shall 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. All members of the board shall be residents of West Virginia. A member may succeed himself. Vacancies shall be filled by appointment by the governor for the unexpired term. Before entering upon the performance of his duties, each member shall take and subscribe to the oath required by section five, article four of the constitution of this state. The board shall elect from its membership a chairman and secretary who shall serve at the will and pleasure of the board. A majority of the members of the board constitutes a quorum, and meetings shall be held at the call of the chairman or upon the written request of four members at such time and place as designated in such call or request, and, in any event, the board shall meet at least twice annually to conduct business as may come before it. The board shall hold its first meeting within thirty days after
3 the appointment of the members. The members of the board shall receive the same compensation and expense reimbursement for their services as is paid to members of the Legislature for interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. Any member may be removed by the governor in case of incompetency, neglect of duty, gross immorality or malfeasance in office Board of examiners; powers and duties; funds of board. (a) The board shall: (1) Propose legislative rules implementing the provisions of this article and the powers and duties conferred upon the board in accordance with the provisions of article three, chapter twenty-nine-a of this code; (2) Determine applicants' eligibility for a license or temporary permit to practice radiologic technology; (3) Issue, renew, deny, suspend or revoke licenses and temporary permits to engage in the practice of radiologic technology in accordance with the provisions of this article and, in accordance with the administrative procedures hereinafter provided, review, affirm, reverse, vacate or modify its order with respect to any denial, suspension or revocation; (4) Investigate alleged violations of provisions of this article, rules promulgated hereunder and orders and final decisions of the board and take appropriate disciplinary action against any licensee for the violation thereof or institute appropriate legal action for the enforcement of the provisions of this article, rules promulgated hereunder and orders and final decisions of the board; (5) Employ, direct, discharge and define the duties of full or part-time professional, clerical or other personnel necessary to effectuate the provisions of this article; (6) Keep accurate and complete records of its proceedings, certify the records as may be appropriate, and prepare, from time to time, a list showing the names and addresses of all licensees; (7) Provide standards for approved schools of 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 technologists; (8) Whenever appropriate, confer with the attorney general or his or her assistants in connection with all legal matters and questions; and
4 (9) Take such other action as may be reasonably necessary or appropriate to effectuate the provisions of this article. (b) All moneys paid to the board must be accepted by a person designated by the board and deposited by him or her with the treasurer of the state and credited to an account to be known as the "board of examiners of radiologic technologist fund." The reimbursement of all reasonable and necessary expenses actually incurred by members of the board and all other costs and expenses incurred by the board in the administration of this article must be paid from the fund, and no part of the state's general revenue fund may be expended for this purpose Qualifications of applicants; exceptions; applications; fee. (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 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 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 without examination. (c) The following persons are not required to obtain a license in accordance with the provisions of this article:
5 (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 resident; and (5) Any person who demonstrates to the board that as of the first day of July, one thousand nine hundred ninety-nine, he or she: (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 practitioner; and (C) Has received a densitometry technologist degree certified by the international society for clinical densitometry. (d) 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. (e) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine of this code setting forth fees for licenses and permits and the renewals of licenses and permits a. Podiatric medical assistants; permit requirements. (a) No person not otherwise licensed under this article shall perform podiatric radiographs in this state unless he or she has first obtained a permit to do so from the board. (b) To be eligible for a permit to perform podiatric radiographs in this state, an applicant shall: (1) Be of good moral character; (2) Have completed four years of high school education or its equivalent;
6 (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 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 the permit, 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; and (6) Pay to the board a permit fee, which fee shall be returned to the applicant if the permit application is denied. (c) Original permits shall be prominently displayed in public view in the permittee's primary place of employment. A duplicate permit issued by the board may be displayed in the permittee's secondary place of employment. (d) Permits issued pursuant to this section are valid for one year from the date issued and may be renewed every year without examination. Applications for renewal shall be upon a form provided by the board. Upon application for renewal, the permittee shall submit documentation of an active certification in ASPMA and payment of a renewal fee b. Scope of practice for podiatric medical assistants. (a) A podiatric medical assistant granted a permit under section six-a of this article may only use equipment, specifically designed for the performance of foot or ankle podiatric radiographs, that has been approved by the board. (b) All podiatric radiographs performed by a podiatric medical assistant permittee shall be performed under the supervision of a licensed podiatrist Issuance of license; renewal of license; renewal fee. Whenever the board finds that an applicant meets all the requirements of this article for a license to engage in the practice of radiologic technology, it shall forthwith issue to him such license; and otherwise the board shall deny the same. The license is valid for a period of one year from the date issued and shall be renewed every year without examination upon application for renewal on a form prescribed by the board and payment to the board of a renewal fee established by legislative rule: Provided, That the board may deny an application for renewal for any reason which would justify the denial of an original application for a license Temporary permits. Upon proper application the board may issue a temporary permit to engage in the practice of radiologic technology in this state to an applicant who meets the qualifications of subdivisions (1), (2), (3) and (5), subsection (a), section six of this article, pending examination of such applicant. Temporary permits will
7 expire as provided by legislative rule Suspension or revocation of license or permits. (a) The board may at any time, upon its own motion and shall upon the verified written complaint of any person, conduct an investigation to determine whether there are grounds for suspension or revocation of a license or a permit issued under the provisions of this article. (b) The board shall suspend or revoke any license or permit when it finds the holder thereof has: (1) 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 the motion or complaint, which conviction remains unreversed; or 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 he was convicted related to the practice of radiologic technology, which conviction remains unreversed; (2) Obtained a license or permit by means of fraud or deceit; (3) Been incompetent, grossly negligent or guilty of other malpractice as defined by the board by reasonable rules; (4) Failed or refused to comply with the provisions of this article or any reasonable rule promulgated by the board hereunder or any order or final decision of the board; or (5) 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. (c) The board shall also 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 Procedures for hearing. (a) Whenever the board denies an application for any original or renewal license or permit or suspends or revokes any license or permit, it shall make an interim order to that effect and serve a copy thereof on the applicant or licensee or permitee, as the case may be, by certified mail, return receipt requested. Such order shall state the grounds for the action taken and shall require that any license or temporary permit suspended or revoked thereby shall be returned to the board by the holder within twenty days after receipt of said copy of said order. (b) Any person adversely affected by any such order is entitled to a hearing thereon (as to all issues not excluded from the definition of a "contested case" as set forth in article one, chapter twenty-nine-a of this code) if, within twenty days after receipt of a copy thereof, he or she files with the board a written demand for such hearing. A demand for hearing shall operate automatically to stay or suspend the execution of any order suspending or revoking a license or permit or denying an application for a renewal license or permit. The board may require the person demanding such hearing to give reasonable security for the cost thereof and if such person does not substantially prevail at such hearing such cost shall be assessed against him or her and may be collected by civil action or other proper remedy.
8 (c) Upon receipt of a written demand for such hearing, the board shall set a time and place therefor not less than ten and not more than thirty days thereafter. Any scheduled hearing may be continued by the board upon its own motion or for good cause shown by the person demanding the hearing. (d) All of the pertinent provisions of article five, chapter twenty-nine-a of this code apply to and govern the hearing and the administrative procedures in connection with and following such hearing, with like effect as if the provisions of said article were set forth in this subsection. (e) Any such hearing shall be conducted by a quorum of the board. For the purpose of conducting any such hearing any member of the board may issue subpoenas and subpoenas duces tecum which shall be issued and served within the time, for the fees and shall be 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. (f) At any such hearing the person who demanded the same may represent himself or be represented by an attorney-at-law admitted to practice before any circuit court of this state. Upon request by the board, it shall be represented at any such hearing by the attorney general or his or her assistants without additional compensation. (g) After any such hearing and consideration of all testimony, evidence and record in the case, the board shall render its decision in writing. The written decision of the board shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code and a copy of such decision and accompanying findings and conclusions shall be served by certified mail, return receipt requested, upon the person demanding such hearing and his or her attorney of record, if any. (h) The decision of the board is final unless reversed, vacated or modified upon judicial review thereof in accordance with the provisions of section eleven of this article Judicial review; appeal to supreme court of appeals; legal representation for board. Any person adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of section ten of this article is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section. The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the supreme court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. Legal counsel and services for the board in all appeal proceedings in any circuit court and the supreme court of appeals shall be provided by the attorney general or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation Actions to enjoin violations.
9 Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any reasonable rule and regulation promulgated hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, for an injunction against any such person and any such other persons who have been, are or are about to be, involved in any practice, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section thirteen of this article. Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules and regulations promulgated hereunder and all orders and final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed. The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. The board shall be represented in all such proceedings by the attorney general or his assistants and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation Penalties. Any person who violates any provisions of this article, any of the reasonable rules and regulations promulgated hereunder or any order or any final decision of the board shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars, or imprisoned in the county jail not more than six months, or both fined and imprisoned Termination of Board. The board of examiners of radiologic technologists shall be terminated pursuant to the provisions of article ten, chapter four of this code, on the first day of July, two thousand ten, unless sooner terminated, continued or reestablished pursuant to the provisions of such article.
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