2005 California Health and Safety Code Sections 107150-107175 Article 6. Nuclear Medicine Technology

107150.  "Nuclear medicine technology" means that technology applied
under the supervision of a physician and surgeon or a licensed
clinical bioanalyst, when performing in vitro procedures, that
pertains to the utilization of radiopharmaceuticals for the diagnosis
and treatment of disease in humans and includes:  (1) the
standardization of radiopharmaceutical dosages prior to administering
the preparation of radiopharmaceutical agents in accordance with
department regulations, (2) the administration of
radiopharmaceuticals in accordance with statute or regulation, and
(3) the calibration and use of radiation detection instruments and
equipment to obtain clinical information.  Nuclear medicine
technology includes in vitro tests performed in a licensed clinical
laboratory that use a radioactive marker substance not administered
to human subjects and in vivo nuclear medicine procedures that
involve administration of a radioactive marker substance to humans.
107155.  (a) Any person not currently licensed as a physician and
surgeon pursuant to Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code, or as a clinical
laboratory technologist, bioanalyst, or clinical chemist pursuant to
Chapter 3 (commencing with Section 1200) of Division 2 of the
Business and Professions Code, who performs nuclear medicine
technology shall be subject to the standards of competence
established by the department pursuant to this article.
   (b) Nothing in this article shall be construed to limit the
existing authority of, or scope of practice of, a physician and
surgeon, clinical laboratory technologist, bioanalyst, or clinical
chemist granted pursuant to their licenses, or to further require
persons to establish competence to perform in vitro tests.
   (c) In vitro procedures using radioactive materials shall be
performed in a licensed clinical laboratory.
   (d) This article shall not apply to any of the following persons:
   (1) Any person employed by an agency of the United States
government, while performing the duties of the employment.
   (2) A licensed clinical laboratory technologist who administers a
radioactive marker test substance to a human subject to perform a
measurement on a sample containing the radioactive marker test
substance that has been removed from the subject.
   (3) A registered pharmacist who handles radioactive drugs in
accordance with the California State Board of Pharmacy regulations
contained in the most recent version of Sections 1708.3 to 1708.8,
inclusive, of Article 2 of Chapter 17 of Title 16 of the California
Code of Regulations.
107160.  (a) The department shall provide by regulation a schedule
of fees that shall be paid by persons applying to establish their
competence to perform nuclear medicine technology.  The revenue
derived from the fees shall be sufficient to cover all costs incurred
in the administration of this article.
   (b) The fees paid by applicants shall be adjusted annually,
pursuant to Section 100425, and the adjusted fee amounts shall be
rounded off to the nearest whole dollar.
107165.  The establishment of a person as competent to perform
nuclear medicine technology may be denied, revoked, or suspended by
the department, for any of the following reasons:
   (a) Habitual intemperance in the use of any alcoholic beverages,
narcotics, or stimulants to an extent as to incapacitate for the
performance of professional duties.
   (b) Incompetence or negligence in performing nuclear medicine
technology functions.
   (c) Establishment of competence to perform nuclear medicine
technology by fraud, or misrepresentation, or because of mistake.
   (d) Use of a designation indicating that a person is established
by the department as competent to perform nuclear medicine technology
by a person who has not been established by the department as
competent to perform nuclear medicine technology.
   (e) Violation of the provisions of this article or regulations
adopted pursuant thereto.
   The proceedings for denial, revocation, or suspension pursuant to
this section shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the department shall have all of the powers
granted therein.
107170.  Any person who violates this article or any regulation
adopted pursuant thereto shall be guilty of a misdemeanor.
107175.  The department shall enforce this article.