ASSEMBLY, No. 390

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Assemblywoman  ANGELICA M. JIMENEZ

District 32 (Bergen and Hudson)

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblyman  THOMAS P. GIBLIN

District 34 (Essex and Passaic)

 

 

 

 

SYNOPSIS

     Provides for licensing of radiologist assistants by DEP under "Radiologic Technologist Act" and requires State Board of Medical Examiners to approve procedures and establish level of supervision necessary for practice of radiologist assistants.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the licensing and supervision of radiologist assistants, amending P.L.1981, c.295 and supplementing chapter 9 of Title 45 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 3 of P.L.1981, c.295 (C.26:2D-26) is amended to read as follows:

     3.    As used in this act:

     a.     "Board" means the Radiologic Technology Board of Examiners created pursuant to section 5 of [this act] P.L.1981, c.295 (C.26:2D-28).

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

     c.     "Chest x-ray technologist" means a person, other than a licensed practitioner, whose practice of radiologic technology is limited to the chest area for diagnostic purposes only.

     d.    "Commissioner" means the Commissioner of Environmental Protection.

     e.     "Dental x-ray technologist" means a person, other than a licensed practitioner, whose practice of radiologic technology is limited to intraoral radiography for diagnostic purposes only.

     f.     "Health physicist" means a person who is certified by the American Board of Health Physics or the American Board of Radiology in radiation physics.

     g.    "Licensed practitioner" means a person licensed or otherwise authorized by law to practice medicine, dentistry, dental hygiene, podiatric medicine, osteopathy or chiropractic.

     h.    "Radiation therapy technologist" means a person, other than a licensed practitioner, whose application of radiation on human beings is for therapeutic purposes.

     i.     "Diagnostic x-ray technologist" means a person, other than a licensed practitioner, whose application of radiation on human beings is for diagnostic purposes.

     j.     "Radiologic technologist" means any person who is licensed pursuant to this act.

     k.    "Radiologic technology" means the use of equipment emitting ionizing radiation on human beings for diagnostic or therapeutic purposes under the supervision of a licensed practitioner.

     l.     "Podiatric x-ray technologist" means a person, other than a licensed practitioner, whose practice of radiologic technology is limited to the operation of x-ray machines as used by podiatrists on the lower leg, foot and ankle area for diagnostic purposes only.

     m.   "Orthopedic x-ray technologist" means a person, other than a licensed practitioner, whose practice of radiologic technology is limited to the spine and extremities for diagnostic purposes only.

     n.    "Urologic x-ray technologist" means a person, other than a licensed practitioner, whose practice of radiologic technology is limited to the abdomen and pelvic area for diagnostic purposes only.

     o.    “Radiologist” means a licensed practitioner specializing in radiology certified by the American Board of Radiology, the American Osteopathic Board of Radiology or other national radiologic certifying body approved by the board.

     p.    “Radiologist assistant” means a person, other than a licensed practitioner, who is a licensed radiologic technologist, is certified and registered with a national radiologic certifying body approved by the board, and is credentialed to provide primary advanced-level radiology health care under the supervision of a licensed radiologist.

(cf: P.L.2005, c.259, s.31)

 

     2.    Section 4 of P.L.1981, c.295 (C.26:2D-27) is amended to read as follows:

     4.    a.  Except as hereinafter provided, no person other than a licensed practitioner or the holder of a license as provided in this act shall use x-rays on a human being.

     b.    A person holding a license as a diagnostic x-ray technologist may use the title "licensed radiologic technologist" or the letters (LRT) (R) after his name.  No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed diagnostic x-ray technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed diagnostic technologist.

     c.     A person holding a limited license as a chest x-ray technologist may use the title "licensed chest x-ray technologist" or the letters (LRT) (C) after his name.  No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed chest x-ray technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed chest x-ray technologist.

     d.    A person holding a limited license as a dental x-ray technologist may use the title "licensed dental x-ray technologist" or the letters (LRT) (D) after his name.  No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed dental x-ray technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed dental x-ray technologist.

     e.     A person holding a license as a radiation therapy technologist may use the title "licensed therapy technologist" or (LRT) (T) after his name. No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed therapy technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed therapy technologist.

     f.     A person holding a license as provided by this act shall use medical equipment emitting ionizing radiation on human beings only for diagnostic or therapeutic purposes on a case by case basis at the specific direction of a licensed practitioner, and only if the application of the equipment is limited in a manner hereinafter specified.

     g.    Nothing in the provisions of this act relating to radiologic technologists shall be construed to limit, enlarge or affect, in any respect, the practice of their respective professions by duly licensed practitioners.

     h.    The requirement of a license shall not apply to a hospital resident specializing in radiology, who is not a licensed practitioner in the State of New Jersey, or a student enrolled in and attending a school or college of medicine, osteopathy, podiatric medicine, dentistry, dental hygiene, dental assistance, chiropractic or radiologic technology, who applies radiation to a human being while under the direct supervision of a licensed practitioner.

     i.     A person holding a license as a diagnostic x-ray technologist and a license as a radiation therapy technologist may use the letters (LRT) (R) (T) after his name.

     j.     A person holding a limited license as a podiatric x-ray technologist may use the title "licensed podiatric x-ray technologist" or the letters (LRT) (P) after his name.  No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed podiatric x-ray technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed podiatric x-ray technologist.

     k.    A person holding a limited license as an orthopedic x-ray technologist may use the title "licensed orthopedic x-ray technologist" or the letters (LRT) (O) after his name.  No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed orthopedic x-ray technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed orthopedic x-ray technologist.

     l.     A person holding a limited license as a urologic x-ray technologist may use the title "licensed urologic x-ray technologist" or the letters (LRT) (U) after his name.  No other person shall be entitled to use the title or letters, or any other title or letters after his name that indicate or imply that he is a licensed urologic x-ray technologist; nor may any person hold himself out in any way, whether orally or in writing, expressly or by implication, as a licensed urologic x-ray technologist.

     m.   A person holding a limited license as a radiologist assistant may use the title “licensed radiologist assistant” or the letters (RA) after the person’s name.  No other person shall be entitled to use the title or letters, or any other title or letters after the person’s name that indicate or imply that the person is a licensed radiologist assistant; nor may any person represent in any way, whether orally or in writing, expressly or by implication, that such person is a licensed radiologist assistant.

(cf:  P.L.2005, c.259, s.32)

 

     3.    Section 6 of P.L.1981, c.295 (C.26:2D-29) is amended to read as follows:

     6.    a.  The board shall admit to examination for licensing any applicant who shall pay to the department a nonrefundable fee established by rule of the commission and submit satisfactory evidence, verified by oath or affirmation, that the applicant:

     (1)   At the time of application is at least 18 years of age;

     (2)   Is of good moral character;

     (3)   Has successfully completed a four-year course of study in a secondary school approved by the State Board of Education, or passed an approved equivalency test.

     b.    In addition to the requirements of subsection a. hereof, any person seeking to obtain a license in a specific area of radiologic technology [must] shall comply with the following requirements:

     (1)   Each applicant for a license as a diagnostic x-ray technologist (LRT (R)) shall have satisfactorily completed a 24-month course of study in radiologic technology approved by the board or its equivalent, as determined by the board.

     (2)   Each applicant for a license as a radiation therapy technologist (LRT(T)) shall have satisfactorily completed a 24-month course in radiation therapy technology approved by the board or the equivalent of such, as determined by the board.

     (3)   Each applicant for a license as a chest x-ray technologist (LRT(C)) shall have satisfactorily completed the basic curriculum for chest radiography as approved by the board or its equivalent, as determined by the board.

     (4)   Each applicant for a license as a dental x-ray technologist (LRT(D)) shall have satisfactorily completed the curriculum for dental radiography as approved by the board or its equivalent, as determined by the board.

     (5)   Each applicant for a license as a podiatric x-ray technologist (LRT(P)) shall have satisfactorily completed the basic curriculum for podiatric radiography as approved by the board or its equivalent, as determined by the board.

     (6)   Each applicant for a license as an orthopedic x-ray technologist (LRT(O)) shall have satisfactorily completed the basic curriculum for orthopedic radiography as approved by the board or its equivalent, as determined by the board.

     (7)   Each applicant for a license as an urologic x-ray technologist (LRT(U)) shall have satisfactorily completed the basic curriculum for urologic radiography as approved by the board or its equivalent, as determined by the board.

     (8)   Each applicant for a license as a radiologist assistant (RA) shall have satisfactorily completed the basic curriculum for a radiologist assistant as approved by the board or its equivalent, as determined by the board.

     c.     The board shall establish criteria and standards for programs of diagnostic or radiation therapy and approve these programs upon a finding that the standards and criteria have been met.

(cf:  P.L.1985, c.540, s.4)

 

     4.    Section 7 of P.L.1981, c.295 (C.26:2D-30) is amended to read as follows:

     7.    a.  The program of diagnostic x-ray technology shall be at least a 24-month course or its equivalent, as determined by the board.  The curriculum for this course may follow the [Committee] Commission on Accreditation of Allied Health Education [and Accreditation (CAHEA)] Programs (CAAHEP) standards; provided that the standards are not in conflict with board policies.

     b.    The program of radiation therapy technology shall be at least a 24-month course of study or its equivalent, as determined by the board.  The curriculum for the course may follow the [Committee] Commission on Accreditation of Allied Health Education [and Accreditation (CAHEA)] Programs (CAAHEP) standards; provided that the standards are not in conflict with board policies.

     c.     The board shall establish criteria and standards for programs of chest radiography, podiatric radiography, orthopedic radiography, urologic radiography [and] , dental radiography , and radiologist assistants and approve the programs upon a finding that the standards and criteria have been met.

     d.    An approved program of radiologic technology may be offered by a medical or educational institution or other public or private agency or institution, and, for the purpose of providing the requisite clinical experience, shall be affiliated with one or more hospitals that, in the opinion of the board, are likely to provide the experience.

(cf: P.L.1985, c.540, s.5)

     5.    Section 12 of P.L.1981, c.295 (C.26:2D-35) is amended to read as follows:

     a.     No person shall knowingly or negligently employ as a radiologic technologist any person who requires and does not possess a valid license to engage in the activities of a radiologic technologist.

     b.    No person shall knowingly or negligently employ as a radiologist assistant any person who requires and does not possess a valid license to engage in the activities of a radiologist assistant.

(cf: P.L.1981, c.295, s.12)

 

     6.    (New section) a. Radiologist assistants may, under the supervision of a licensed radiologist, perform delegated fluoroscopic procedures in accordance with rules promulgated by the State Board of Medical Examiners, provided that such practice is authorized pursuant to regulations promulgated by the Radiologic Technology Board of Examiners, in the Department of Environmental Protection.

     b.    For purposes of this section:

     (1)   “Delegated fluoroscopic procedures” means the use of fluoroscopic equipment to perform any of the following procedures to the extent approved by the State Board of Medical Examiners: esophageal study; swallowing function study; upper gastrointestinal study; small bowel study; barium enema lower gastrointestinal study; nasogastric/enteric and oroenteric/enteric tube placement; t-tube cholangiogram; chest fluoroscopy; hysterosalpingogram procedure and imaging; Antegrade Pyelogram; arthrogram, joint injection and aspiration; cystography or voiding cystourethrography (catheter placement); loopography; lumbar puncture with contrast; myelogram; abcess, fistula, sinus tract study; paracentesis; thoracentesis; venous access ports; tunneled and non-tunneled central venous catheters; tunneled and non-tunneled peripherally inserted central venous catheters; and tunneled and non-tunneled chest and abdominal drainage catheters; and

     (2)   “Radiologist assistant” means a person, other than a licensed practitioner, who is a licensed radiologic technologist, is certified and registered with a national radiologic certifying body approved by the Radiologic Technology Board of Examiners created pursuant to section 5 of P.L.1981, c.295 (C.26:2D-28), and is credentialed to provide primary advanced-level radiology health care under the supervision of a licensed radiologist.

     c.     The State Board of Medical Examiners shall promulgate regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to implement this section, including but not limited to approving specific delegated fluoroscopic procedures that a radiologist assistant may perform and establishing the level of supervision necessary for a radiologist assistant to perform any of the approved delegated fluoroscopic procedures.

 

     7.    This act shall take effect on the 180th day next following enactment, except that the Radiologic Technology Board of Examiners and State Board of Medical Examiners may take such anticipatory actions as may be necessary to effectuate the provisions of this act.

 

 

STATEMENT

 

 

     This bill amends the “Radiologic Technologist Act” to provide for the licensure and registration of radiologist assistants by the Radiologic Technology Board of Examiners in the Department of Environmental Protection. The bill also provides for the approval by the State Board of Medical Examiners of delegated fluoroscopic procedures that a radiologist assistant may perform, and the establishment of the level of supervision by a licensed radiologist necessary for the radiologist assistant to perform those procedures.

     The radiologist assistant (RA) is a new title in the field of medical imaging. Radiologist assistants are licensed radiologic technologists who are experienced as primary care-givers with regard to patient assessment, patient management and providing a broad range of radiology diagnostic and intervention services. A radiologist assistant acts under the supervision of a licensed radiologist.

     Specifically, the bill defines a “radiologist assistant” as a person, other than a licensed practitioner, certified and registered with a national radiologic certifying body approved by the Radiologic Technology Board of Examiners and credentialed to provide primary advanced-level radiology health care under the supervision of a licensed radiologist.

     The bill provides that each applicant for licensure as a radiologist assistant must complete the basic curriculum for a radiologist assistant as approved by the board or its equivalent, as determined by the board. The bill further provides that a person holding a license as a radiologist assistant may use the title “licensed radiologist assistant” or the letters (RA) after his name and that no other person shall be entitled to use that title or those letters.

     The bill directs the State Board of Medical Examiners (BME) to adopt rules and regulations to allow radiologist assistants to practice in New Jersey under the supervision of a licensed radiologist. The BME will approve specific delegated fluoroscopic procedures, and establish the level of supervision necessary, for radiologist assistants to practice as authorized pursuant to regulations promulgated by the Radiologic Technology Board of Examiners.