DAR File No. 28749

Commerce, Occupational and Professional Licensing

R156-54

Radiology Technologist and Radiology Practical Technician Licensing Act Rules

NOTICE OF PROPOSED RULE

DAR File No.: 28749
Filed: 05/18/2006, 12:03
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Radiology Technology Licensing Board are proposing amendments to the rule to define the radiographic procedures that a radiology practical technician can perform based on the training and examinations which they have completed and to update the "Standards of Ethics" from the 1997 edition to the July 1, 2005, edition.

Summary of the rule or change:

In Section R156-54-102, the "practice of a radiology practical technician" is defined and the American Registry of Radiologic Technologists (ARRT) "Content Specifications for the Examination for the Limited Scope of Practice in Radiography" document which is effective January 2006 is incorporated by reference. In Section R156-54-103, the statute citation is updated. In Section R156-54-502, updated the ARRT "Standards of Ethics" from the June 1997 edition to the July 1, 2005, edition.

State statutory or constitutional authorization for this rule:

Subsections 58-1-106(1)(a) and 58-1-202(1)(a), and Section 58-54-1

Adds the American Registry of Radiologic Technologists (ARRT) "Content Specifications for the Examination for the Limited Scope of Practice in Radiography", effective January 2006; and updates the ARRT's "Standards of Ethics" from the June 1997 edition to the July 1, 2005, edition

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

Proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. Proposed amendments only apply to licensees and potential licensees as either a radiology technologist or radiology practical technician.

other persons:

The Division anticipates no costs or savings to the public as a result of the proposed amendments since the proposed amendments are only clarifying what is included in a radiology practical technician's scope of practice and updating the profession's "Standards of Ethics". The proposed amendments do not add any additional requirements that would affect the public. The proposed amendments will apply to licensed radiology technologists and radiology practical technicians and the Division does not anticipate any increased costs or savings. The two documents which are incorporated by reference in the rule can be found on the American Registry of Radiologic Technologists website at no cost. That website is: www.arrt.org.

Compliance costs for affected persons:

The Division anticipates no costs or savings to the public as a result of the proposed amendments since the proposed amendments are only clarifying what is included in a radiology practical technician's scope of practice and updating the profession's "Standards of Ethics". The proposed amendments do not add any additional requirements that would affect the public. The proposed amendments will apply to licensed radiology technologists and radiology practical technicians and the Division does not anticipate any increased costs or savings. The two documents which are incorporated by reference in the rule can be found on the American Registry of Radiologic Technologists website at no cost. That website is: www.arrt.org.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing contains minor amendments to better define the practice of a radiology practical technician and to update a reference to the profession's code of ethics. No fiscal impact to businesses is anticipated. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/17/2006

Interested persons may attend a public hearing regarding this rule:

6/21/2006 at 11:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 4A (fourth floor), Salt Lake City, UT

This rule may become effective on:

07/25/2006

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-54. Radiology Technologist and Radiology Practical Technician Licensing Act Rules.

R156-54-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 54, as used in Title 58, Chapters 1 and 54 or these rules:

(1) "ARRT" means the American Registry of Radiologic Technologists.

(2) "Practice as a radiology practical technician" means using radiological equipment limited to specific radiographic procedures on specific parts of the human anatomy as contained in the American Registry of Radiologic Technologists (ARRT) "Content Specifications for the Examination for the Limited Scope of Practice in Radiography", effective January 2006, which is hereby incorporated by reference.

([2]3) "Supervision", "general supervision" or "direct supervision" as used in Subsections 58-54-2(5), (6) and (7) and Section 58-54-8 means that the supervising radiologist or radiology practitioner shall be available for consultation while the radiology technologist or the radiology practical technician is performing any radiographic procedures. Consultation may be in person, by telephone, by radio or any other means of direct verbal communication. The supervising radiologist or radiology practitioner shall be responsible for the radiographic procedures performed by the radiology technologist or the radiology practical technician.

([3]4) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 54, is further defined, in accordance with Subsection 58-1-203(5), in Section R156-54-502.

R156-54-103. Authority - Purpose.

These rules are adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 54.

R156-54-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) performing mammography when not in compliance with the Utah State Department of Health, Bureau of Health Facility Licensure, Mammography Quality Assurance Rules, R432-950;

(2) performing a radiological procedure without having first passed the appropriate qualifying examination;

(3) performing a radiological procedure when not supervised in accordance with Section R156-54-102(2); and

(4) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the ARRT "Standards of Ethics", [June 1997]July 1, 2005 edition, which is hereby incorporated by reference.

KEY: licensing, radiology technologists, radiology practical technicians

Date of Enactment or Last Substantive Amendment: [January 20, 2004]2006

Notice of Continuation: April 8, 2002

Authorizing, and Implemented or Interpreted Law: 58-54-1; 58-1-106(1)(a); 58-1-202(1)(a)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.