PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 511
S.P. 687 - L.D. 1770

An Act To Amend the Laws Governing Licensure of Workers in the Field of Radiologic Technology

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, this legislation, which amends the laws governing medical radiologic technology by clarifying the scope of practice for this profession and by providing for reciprocal licensure for qualified applicants from other jurisdictions, needs to take effect as soon as possible to protect the health and safety of the residents of this State; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 32 MRSA §9852, as enacted by PL 1983, c. 524, is amended to read:

§9852. Definitions

     As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.

     1. Board. "Board" means the Radiologic Technology Board of Examiners.

     2. Dental radiographer. "Dental radiographer" means a person, other than a licensed practitioner, whose duties include radiography of the maxilla, mandible and adjacent structures for diagnostic purposes and who is licensed under chapter 16.

     3. Ionizing radiation. "Ionizing radiation" means gamma rays and x rays; alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles; but not ultrasound, sound or radio waves, magnetic fields or visible, infrared or ultraviolet light.

     4. License. "License" means a certificate issued by the board authorizing the licensee to use radioactive materials or equipment emitting ionizing radiation on human beings for diagnostic or therapeutic purposes in accordance with the provisions of this Act chapter.

     4-A. Licensed physician. "Licensed physician" means a person licensed to practice medicine or osteopathy in this State.

     5. Licensed practitioner. "Licensed practitioner" means a person licensed to practice medicine, dentistry, chiropractic, podiatry or osteopathy in this State.

     6. Nuclear medicine technologist. "Nuclear medicine technologist" means a person, other than a licensed practitioner, who uses radionuclide agents on human beings for diagnostic or and therapeutic purposes.

     7. Nuclear medicine technology. "Nuclear medicine technology" means the use of radionuclides in vivo on human beings for diagnostic or and therapeutic purposes under the supervision of a licensed physician. The use of radionuclides on human beings for diagnostic and therapeutic purposes includes the use of dual imaging devices. For purposes of this subsection, "use" means all activities involved in the application of radioactive material. These activities include, but are not limited to, adjusting equipment settings, positioning the patient, positioning the equipment and positioning the image receptor.

     8. Radiation therapist. "Radiation therapy technologist therapist" means a person, other than a licensed practitioner, who applies ionizing radiation to human beings for therapeutic and simulation purposes, excluding the administration of radiopharmaceuticals.

     9. Radiation therapy technology. "Radiation therapy technology" means the use of ionizing radiation on human beings for therapeutic and simulation purposes, excluding the administration of radiopharmaceuticals, under the supervision of a licensed physician. For purposes of this subsection, "use" means all activities involved in the application of ionizing radiation. These activities include, but are not limited to, adjusting equipment settings, positioning the patient, positioning the equipment and positioning the image receptor.

     10. Radiographer. "Radiographer" means a person, other than a licensed practitioner, who applies ionizing radiation to human beings for diagnostic imaging purposes, excluding the administration of radiopharmaceuticals.

     11. Radiography. "Radiography" means the use of ionizing radiation on human beings for diagnostic imaging purposes, excluding the administration of radiopharmaceuticals, under the supervision of a licensed practitioner. For purposes of this subsection, "use" means all activities involved in the application of ionizing radiation. These activities include, but are not limited to, adjusting equipment settings, positioning the patient, positioning the equipment and positioning the image receptor.

     12. Radiologic technologist. "Radiologic technologist" means any person who is a radiographer, a radiation therapy technologist therapist or a nuclear medicine technologist licensed under this Act chapter.

     13. Radiologic technology. "Radiologic technology" means the use of a radioactive substance or equipment emitting ionizing radiation on human beings for diagnostic or therapeutic purposes.

     14. Radiological physicist. "Radiological physicist" means a person who is certified by the American Board of Radiology has successfully completed education and training in medical radiological physics or one of the subspecialties of radiological physics or who is eligible for that certification.

     15. Radiologist. "Radiologist" means a physician, certified by the American Board of Radiology or the American Osteopathic Board of Radiology, the British Royal College of Radiology or the Royal College of Physicians and Surgeons, who is licensed in this State or who has completed or who is actively pursuing the course of training equivalent to the course of training required for admission to these boards.

     16. Radiopharmaceutical. "Radiopharmaceutical" means a radioactive substance approved for administration to a patient to provide diagnostic information or deliver treatment for a specific disease.

     Sec. 2. 32 MRSA §9853, sub-§1, as amended by PL 1999, c. 687, Pt. E, §8, is further amended to read:

     1. Appointment and membership. The membership of the board consists of 2 radiologists; 2 radiographers; one nuclear medicine technologist; one radiation therapy technologist therapist; one radiation physicist;; and 2 public members who are not affiliated with the medical or any allied health profession. The Governor may appoint these members from lists submitted by the following organizations or their successors.

A. Radiologist members may be appointed from lists submitted by the Maine Radiological Society.
B. The radiation physicist member may be appointed from lists submitted by the Maine Radiological Society.
C. Radiologic technologist members may be appointed from lists submitted by the Maine Society of Radiologic Technologists, the Society of Nuclear Medicine Technologists and the New England Society of Radiation Therapy Technologists.

The list submitted by each organization must include at least 2 names for each position to be filled from that organization.
The consumer members are appointed by the Governor.

     Sec. 3. 32 MRSA §9853, sub-§6, ¶A, as enacted by PL 1983, c. 524, is amended to read:

A. To review the qualifications of applicants for licensure and to license radiographers, nuclear medicine technologists and radiation therapy technologists therapists who qualify under this chapter;

     Sec. 4. 32 MRSA §9853, sub-§6, ¶B, as enacted by PL 1983, c. 524, is amended to read:

B. To conduct qualifying examinations for radiographers, nuclear medicine technologists and radiation therapy technologists therapists, and to establish passing standards;

     Sec. 5. 32 MRSA §9854, sub-§1, as enacted by PL 1983, c. 524, is amended to read:

     1. License required. No A person may not practice or hold himself out as profess to be authorized to practice after September 1, 1984, as a radiographer, a nuclear medicine technologist or a radiation therapy technologist, therapist unless he that person is licensed in accordance with the provisions of this chapter. A license issued by the board shall must be displayed conspicuously in each place of regular employment of the licensee.

     Sec. 6. 32 MRSA §9855, as amended by PL 1989, c. 700, Pt. A, §§156 to 158, is repealed and the following enacted in its place:

§9855. Qualifications

     1. Radiographer. To qualify for a license as a radiographer, an applicant must meet the following requirements:

A. Be at least 18 years of age;
B. Have a high school diploma or its equivalent as determined by the Department of Education; and
C. Either have successfully completed a course of study in radiologic technology and an examination that is approved by the board or possess valid certification and current registration from the American Registry of Radiologic Technologists, or another certification program approved by the board to practice as a radiographer.

     2. Nuclear medicine technologist. To qualify for a license as a nuclear medicine technologist, an applicant must meet the following requirements:

A. Be at least 18 years of age;
B. Have a high school diploma or its equivalent as determined by the Department of Education; and
C. Either have successfully completed a nuclear medicine technology program and an examination that is approved by the board or possess valid certification and current registration from the American Registry of Radiologic Technologists, the Nuclear Medicine Technology Certification Board or another certification program approved by the board to practice as a nuclear medicine technologist.

     3. Radiation therapist. To qualify for a license as a radiation therapist, an applicant must meet the following requirements:

A. Be at least 18 years of age;
B. Have a high school diploma or its equivalent as determined by the Department of Education; and
C. Either have successfully completed a course in radiologic technology and an examination that is approved by the board or possess valid certification and current registration from the American Registry of Radiologic Technologists or another certification program approved by the board to practice as a radiation therapist.

     4. Limited radiographer license. For those applicants wishing to be licensed only for the limited purpose of using ionizing radiation for imaging purposes in the office of a licensed practitioner or for physician assistants practicing under section 3270-A or nurses practicing under section 2102, subsection 2, paragraph C in a clinic not required to be licensed under Title 22, chapter 405, the board shall grant a limited license and shall, in approving a course of study, training and examination for these applicants, consider the limited scope of practice of the various disciplines. Those aspects of study, training and examination relating to patient safety must be identical to the requirements for a full license.

     Sec. 7. 32 MRSA §9857, as enacted by PL 1983, c. 524, is repealed and the following enacted in its place:

§9857.   Nonresidents; applicants licensed in another jurisdiction

     1. Reciprocal agreements. The board may enter into reciprocal agreements with other jurisdictions that have substantially similar licensure laws and accord substantially equal reciprocal rights to residents licensed in good standing in this State.

     2. Applicants licensed in another jurisdiction. An applicant who is licensed under the laws of another jurisdiction is governed by this subsection.

A. An applicant who is licensed under the laws of a jurisdiction that has a reciprocal agreement with the board may obtain a license under the terms and conditions agreed upon through the reciprocal agreement.
B. An applicant who is licensed in good standing at the time of application to the board under the laws of a jurisdiction that has not entered into a reciprocal agreement with the board may qualify for licensure by submitting evidence to the board that the applicant has actively practiced with a substantially equivalent license or by submitting evidence that the applicant's qualifications for licensure are substantially similar to those requirements in this chapter.
C. All nonresident applicants must submit with the application an irrevocable consent to service of process on the applicant for an action filed in a court of this State arising out of the applicant's activities as a licensee in this State. Service may be made by delivery of the process to the Director of Licensing and Registration within the Department of Professional and Financial Regulation if, in the exercise of due diligence, a plaintiff cannot effect personal service upon the applicant.

     Sec. 8. 32 MRSA §9858, sub-§2, ¶A, as enacted by PL 1983, c. 672, is amended to read:

A. The applicant shall must possess a Maine license that is current national certification and in good standing to practice as a radiographer;

     Sec. 9. 32 MRSA §9859, as amended by PL 2001, c. 323, §29, is further amended to read:

§9859. Licensure renewal; fees

     An original or renewal licensure fee under section 9859-A must be paid by the applicant or licensee. All licenses must be renewed biennially on or before August 31st of each even-numbered year or at such other times as the Commissioner of Professional and Financial Regulation may designate, as set forth in Title 10, section 8003, subsection 4. The board shall notify each licensee, at the licensee's last known address, 30 days in advance of the expiration of the license. Renewal notices must be on forms provided by the Department of Professional and Financial Regulation. Any license not renewed by the designated renewal date automatically expires. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the and renewal fee, as set under section 9859-A. Any person who submits an application for renewal more than 90 days after the licensing renewal date must submit a renewal fee, a late fee and a filing fee as set under section 9859-A and is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination or other requirements. Penalties may be assessed by the director for late renewals more than 90 days after the expiration.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective March 27, 2006.

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