2005 California Health and Safety Code Sections 114870-114896 Article 4. Committee Administration and Regulations

HEALTH AND SAFETY CODE
SECTION 114870-114896

114870.  The department shall do all of the following:
   (a) Upon recommendation of the committee, adopt regulations as may
be necessary to accomplish the purposes of this chapter.
   (b) Provide for certification of radiologic technologists, without
limitation as to procedures or areas of application, except as
provided in Section 106980.  Separate certificates shall be provided
for diagnostic radiologic technology, for mammographic radiologic
technology, and for therapeutic radiologic technology.  If a person
has received accreditation to perform mammography from a private
accreditation organization, the department shall consider this
accreditation when deciding to issue a mammographic radiologic
technology certificate.
   (c) Provide, as may be deemed appropriate, for granting limited
permits to persons to conduct radiologic technology limited to the
performance of certain procedures or the application of X-rays to
specific areas of the human body, except for mammography, prescribe
minimum standards of training and experience for these persons, and
prescribe procedures for examining applicants for limited permits.
The minimum standards shall include a requirement that persons
granted limited permits under this subdivision shall meet those
fundamental requirements in basic radiological health training and
knowledge similar to those required for persons certified under
subdivision (b) as the department determines are reasonably necessary
for the protection of the health and safety of the public.
   (d) Provide for the approval of schools for radiologic
technologists.
   (e) Provide, upon recommendation of the committee, for
certification of licentiates of the healing arts to supervise the
operation of X-ray machines or to operate X-ray machines, or both,
prescribe minimum standards of training and experience for these
licentiates of the healing arts, and prescribe procedures for
examining applicants for certification.  This certification may limit
the use of X-rays to certain X-ray procedures and the application of
X-rays to specific areas of the human body.
   (f) (1) Provide for certification of any physician and surgeon to
operate, and supervise the operation of, a bone densitometer, if that
physician and surgeon provides the department a certificate that
evidences training in the use of a bone densitometer by a
representative of a bone densitometer machine manufacturer, or
through any radiologic technology school.  The certification shall be
valid for the particular bone densitometer the physician and surgeon
was trained to use, and for any other bone densitometer that meets
all of the criteria specified in subparagraphs (A) to (C), inclusive,
if the physician and surgeon has completed training, as specified in
subparagraph (A) of paragraph (2), for the use of that bone
densitometer.  The physician and surgeon shall, upon request of the
department, provide evidence of training, pursuant to subparagraph
(A) of paragraph (2), for the use of any bone densitometer used by
the physician and surgeon.  The activity covered by the certificate
shall be limited to the use of an X-ray bone densitometer to which
all of the following is applicable:
   (A) The bone densitometer does not require user intervention for
calibration.
   (B) The bone densitometer does not provide an image for diagnosis.
   (C) The bone densitometer is used only to estimate bone density of
the heel, wrist, or finger of the patient.
   (2) The certificate shall be accompanied by a copy of the
curriculum covered by the manufacturer's representative or radiologic
technology school.  The curriculum shall include, at a minimum,
instruction in all of the following areas:
   (A) Procedures for operation of the bone densitometer by the
physician and surgeon, and for the supervision of the operation of
the bone densitometer by other persons, including procedures for
quality assurance of the bone densitometer.
   (B) Proper radiation protection of the operator, the patient, and
third parties in proximity to the bone densitometer.
   (C) Provisions of Article 5 (commencing with Section 106955) of
Chapter 4 of Part 1 of Division 104.
   (D) Provisions of Chapter 6 (commencing with Section 114840) of
Part 9 of Division 104.
   (E) Provisions of Group 1 (commencing with Section 30100) of
Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California
Code of Regulations.
   (F) Provisions of Group 1.5 (commencing with Section 30108) of
Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California
Code of Regulations.
   (G) Provisions of Article 1 (commencing with Section 30250) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
   (H) Provisions of Article 2 (commencing with Section 30254) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
   (I) Provisions of Article 3 (commencing with Section 30265) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
   (J) Provisions of Article 4 (commencing with Section 30305) of
Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the
California Code of Regulations.
   (K) Provisions of Subchapter 4.5 (commencing with Section 30400)
of Chapter 5 of Division 1 of Title 17 of the California Code of
Regulations.
   (3) (A) Notwithstanding any other provision of law, this
subdivision shall constitute all the requirements that must be met by
a physician and surgeon in order to operate, and supervise the
operation of, a bone densitometer.  The department may adopt
regulations consistent with this section in order to administer the
certification requirements.
   (B) No person may be supervised by a physician and surgeon in the
use of a bone densitometer unless that person possesses the necessary
license or permit required by the department.
   (C) Nothing in this subdivision shall affect the requirements
imposed by the committee or the department for the registration of a
bone densitometer machine, or for the inspection of facilities in
which any bone densitometer machine is operated.
   (D) This subdivision shall not apply to a licentiate of the
healing arts who is certified pursuant to subdivision (e) or pursuant
to Section 107111.
   (E) The department shall charge a fee for a certificate issued
pursuant to this subdivision to the extent necessary to administer
certification.  The fee shall be in an amount sufficient to cover the
department's costs of implementing this subdivision and shall not
exceed the fee for certification to operate or supervise the
operation of an X-ray machine pursuant to subdivision (e).  The fees
collected pursuant to this subparagraph shall be deposited into the
Radiation Control Fund established pursuant to Section 114980.
   (g) Upon recommendation of the committee, exempt from
certification requirements those licentiates of the healing arts who
have successfully completed formal courses in schools certified by
the department and who have successfully passed a roentgenology
technology and radiation protection examination approved by the
department and administered by the board that issued his or her
license.
114875.  The department may, upon application, on a form prescribed
and supplied by the department, by a licentiate of the healing arts,
approve the licentiate to give on-the-job training, based on
instructional standards prescribed by the department, to a student of
radiologic technology if the following requirements are complied
with:
   (a) The training is restricted to applicants for limited permits
in one category or an approved combination of categories.
   (b) The training is given by a certified supervisor or operator.
   (c) The didactic instruction and clinical experience are
equivalent to that required of approved schools for radiologic
technology limited permits and shall be outlined by the department in
a manual or syllabus.
   (d) On-the-job training may not exceed one year for any one
student.
   (e) There shall not be at any one time more than one student per
licentiate.
   (f) Records, subject to department inspection, shall be kept of
hours of didactic training given the student and the number and kind
of clinical procedures performed by the student.  If the licentiate
does not choose to give both clinical and didactic on-the-job
training, as prescribed by the department, that portion not given by
the licentiate shall be taken in a school approved by the department
pursuant to Section 114870.
   The department may establish and collect fees in an amount
sufficient to defray the cost incurred by the department in
administering the program of on-the-job training authorized by this
section.
114880.  Any regulations adopted by the department pursuant to
subdivision (a) of Section 114870 shall be adopted only after
consultation with and approval of the committee.  Approval of those
regulations shall be made by six affirmative votes of those present
at an official meeting of the committee.
114885.  The department shall, upon individual application, grant
special permits to persons, excepting those persons from specific
provisions of this chapter or of the regulations issued thereunder,
if the department finds to its satisfaction that there is substantial
evidence that the people in the locality of this state, in which the
exemption is sought, would be denied adequate medical care because
of unavailability of certified or certifiable radiologic
technologists.  Those special permits shall be granted for limited
periods of time to be prescribed by the department in accordance with
the purposes of this chapter, and the permits may be renewed.
114890.  Notwithstanding Section 107075, any person who violates any
provision of this chapter relating to mammography or regulations
adopted pursuant to those provisions is guilty of a misdemeanor and
shall, upon conviction, be punished by a fine not to exceed five
thousand dollars ($5,000) per day, per offense or by imprisonment in
the county jail not to exceed 180 days, or by both the fine and
imprisonment.
114895.  (a) Any person who intentionally or through gross
negligence violates any provision of this chapter relating to
mammography, or any rule or regulation adopted relating to
mammography, or who fails or refuses to comply with a cease and
desist order or other order of the department issued thereunder,
which action causes a substantial danger to the health of others,
shall be liable for a civil penalty not to exceed five thousand
dollars ($5,000) per day, per offense.
   (b) The remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal.
114896.  The department shall keep certificate holders and
permitholders apprised of significant changes in the practice of
radiologic technology and changes in regulation of the practice of
radiologic technology through a biannual report.  The report shall be
furnished to certified radiological technologists and limited
permitholders and may be furnished to appropriate licentiates of the
healing arts.


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