Session of 2000
By Committee on Health and Human Services

  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.
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


  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


  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,


  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


  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-


  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


  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-


  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.