2010 California Code
Health and Safety Code
Article 5. Radiological Technologists

106955.  No person shall operate or maintain any X-ray fluoroscope,
or other equipment or apparatus employing roentgen rays, in the
fitting of shoes or other footwear or in the viewing of bones in the
feet. This section shall not apply to any licensed physician and
surgeon, podiatrist, chiropractor, or any person practicing a
licensed healing art, or any technician working under the direct and
immediate supervision of those persons. Any person violating this
section shall be guilty of a misdemeanor.



106960.  It shall be unlawful for any person to implant foreign
materials within the scalp of any other person for the purpose of
preventing or alleviating baldness. "Foreign materials" shall
include, but shall not be limited to, synthetic fibers and strands of
human hair from another person. A violation of this section shall be
a misdemeanor.
   This section shall not be applicable to procedures for the
transplantation of a person's own hair or to procedures for the
fixation of hairpieces, toupees, or wigs.



106965.  (a) It shall be unlawful for any person to administer or
use diagnostic or therapeutic X-ray on human beings in this state
after July 1, 1971, unless that person has been certified or granted
a permit pursuant to subdivision (b) or (c) of Section 114870 or
pursuant to Section 114885, is acting within the scope of that
certification or permit, and is acting under the supervision of a
licentiate of the healing arts.
   (b) On and after July 15, 1993, it shall be unlawful for any
person to perform mammography in this state unless that person has a
current and valid certificate in mammographic radiologic technology
issued pursuant to subdivision (b) of Section 114870, is acting
within the scope of that certificate, and is acting under the
supervision of a licentiate of the healing arts. Nothing in this
article shall be construed as authorizing a person licensed under the
Chiropractic Initiative Act to administer, use, or supervise the use
of mammographic X-ray equipment.



106970.  It shall be unlawful for any person to direct, order,
assist, or abet a violation of Section 106965.



106975.  Section 106965 shall not apply to any of the following
persons:
   (a) Licentiates of the healing arts.
   (b) Students in an approved school for radiologic technologists
and in schools of medicine, podiatry or chiropractic when the
students are operating X-ray machines under the supervision of an
instructor who is a certified radiologic technologist or a certified
supervisor or operator; and students of dentistry, dental hygiene and
dental assisting when the students are operating X-ray machines
under the supervision of an instructor who is a licensed dentist.
   (c) Any person employed by an agency of the government of the
United States while performing the duties of employment.
   (d) Persons temporarily exempted pursuant to Section 107020.
   (e) A licensed dentist; or person who, under the supervision of a
licensed dentist, operates only dental radiographic equipment for the
sole purpose of oral radiography. This exemption applies only to
those persons who have complied with the requirements of Section 1656
of the Business and Professions Code.
   (f) A person who has been certified or granted a limited permit
pursuant to subdivision (b) or (c) of Section 114870 and who performs
dental radiography in a dental X-ray laboratory upon the written
order of a licensed dentist.



106976.  (a) Notwithstanding any other provision of the Radiologic
Technology Act (Section 27), a person who is currently certified as
meeting the standards of competence in nuclear medicine technology
pursuant to Article 6 (commencing with Section 107150) may perform a
computerized tomography scan only on a dual mode machine on which
both a nuclear medicine procedure, including a positron emission
tomography scan, and a computerized tomography scan may be performed
if both of the following conditions are met:
   (1) The person holds a current, valid certificate in computerized
tomography issued by the American Registry of Radiologic
Technologists, or a similarly recognized organization, has registered
with the department pursuant to Article 5.5 (commencing with Section
107115) as participating in on-the-job training to meet the clinical
competencies required by the American Registry of Radiologic
Technologists, or a similarly recognized organization, and is under
the direct supervision of a person who holds a current, valid
certificate in diagnostic radiology technology, or is a student
described in subdivision (b) of Section 106975.
   (2) The person is under the supervision of a person who is an
authorized user identified on a specific license authorizing medical
use of radioactive materials pursuant to the Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9).
   (b) A violation of this section is a misdemeanor pursuant to
Section 107170 and a violator is subject to discipline pursuant to
Section 107165.



106980.  Certification in radiologic technology pursuant to
subdivision (b) or (c) of Section 114870 shall not authorize any of
the following:
   (a) The use of diagnostic, mammographic, or therapeutic X-ray
equipment except under the supervision of a certified supervisor or
operator.
   (b) The interpretation of any radiograph or a diagnosis based upon
it.
   (c) The reporting of any diagnosis to a patient except as ordered
by a licentiate of the healing arts.
   (d) The use of any title or designation indicating or implying the
right to practice any of the healing arts.



106985.  (a) Notwithstanding Section 2052 of the Business and
Professions Code or any other provision of law, a radiologic
technologist certified pursuant to the Radiologic Technology Act
(Section 27) may, under the general supervision of a licensed
physician and surgeon, perform venipuncture in an upper extremity to
administer contrast materials, manually or by utilizing a mechanical
injector, if the radiologic technologist has been issued a
certificate, as described in subdivision (b).
   (b) A radiologic technologist may perform venipuncture, as
described in (a), only if the radiologic technologist has received
sufficient training and education, as specified in subdivision (d).
The radiologic technologist shall be issued a certificate by an
approved school of radiologic technology or instructor indicating
satisfactory completion of the training required.
   (c) "General supervision," for purposes of this section, means the
direction of procedures authorized by this section by a licensed
physician and surgeon who shall be physically present within the
facility and available within the facility where the procedures are
performed, in order to provide immediate medical intervention to
prevent or mitigate injury to the patient in the event of adverse
reaction.
   (d) Training and education is deemed sufficient if the radiologic
technologist has complied with both of the following:
   (1) Received a total of ten hours of instruction, including all of
the following:
   (A) Anatomy and physiology of venipuncture sites.
   (B) Venipuncture instruments, intravenous solutions, and related
equipment.
   (C) Puncture techniques.
   (D) Techniques of intravenous line establishment.
   (E) Hazards and complications of venipuncture.
   (F) Post-puncture care.
   (G) Composition and purpose of antianaphylaxis tray.
   (H) First aid and basic cardiopulmonary resuscitation.
   (2) Performed ten venipunctures under supervision.
   (e) Schools for radiologic technologists shall include the
instruction specified in subdivision (d).
   (f) Nothing in this section shall be construed to authorize a
radiologic technologist to perform arterial puncture.




106990.  A radiologic technologist certified pursuant to subdivision
(b) of Section 114870 may use the title, certified radiologic
technologist (CRT). No other person shall use the designation. The
department may prescribe appropriate titles for use by categories of
persons granted permits pursuant to subdivision (c) of Section 114870
and may limit the use of the titles.



106995.  The department shall prescribe minimum qualifications for
granting of permits and certificates in radiologic technology in any
classification, as well as continuing education requirements for
holders of these permits and certificates in order to protect the
public health and safety.



107000.  Except as provided in Sections 107035, 107040, or 25685,
and in addition to the requirements as may be prescribed pursuant to
Section 106995, each applicant for certification as a radiologic
technologist pursuant to subdivision (b) of Section 114870 shall
submit evidence satisfactory to the department that he or she has
satisfactorily completed a course in an approved school for
radiologic technologists, or has completed a course of study and
training in radiologic technology that in the opinion of the
department is equivalent to the minimum requirements of a course in
an approved school for radiologic technologists.



107005.  Except as provided in Section 107035, in order to be
certified as a radiologic technologist pursuant to subdivision (b) of
Section 114870, an applicant shall pass a written examination
approved by the department and administered by the department or by
the other agency or organization designated by the department.




107010.  The department may accept in lieu of its own examination a
certificate of another agency or organization that certifies
radiologic technologists, provided the certificate was issued on the
basis of qualifications and an examination deemed by the department
to be reasonably equivalent to the standards established by the
department.



107015.  The department shall certify as a radiologic technologist
any applicant who meets the requirements of the Radiologic Technology
Act (Section 27).


107020.  The department may issue a permit authorizing the temporary
practice of radiologic technology to any applicant for certification
who has complied with the experience and education requirements of
Section 107000 and is awaiting examination. A permit shall convey the
same rights as a certificate for the period for which it is issued
in the classification for which the applicant is eligible, and shall
be valid until 90 days after the date of the next examination held
pursuant to Section 107025, except that if the applicant does not
take the examination the permit shall expire on the date of the
examination.


107025.  The department shall hold at least one examination each
year, for applicants for certification, at the times and places as
the department may determine.



107030.  Not less than two months prior to the date of each
examination, the department shall cause a notice thereof to be
published in two or more newspapers of general circulation, and at
least one radiologic technologist magazine, all of which are
published within the state.



107035.  Any officer, employee, or designated agent of the
department may enter at all reasonable times upon any private or
public property for the purpose of inspecting and determining whether
or not there is compliance with or violation of the Radiologic
Technology Act (Section 27), or of the regulations adopted pursuant
thereto, and the owner, occupant, or person in charge of the property
shall permit the entry and inspection.



107040.  Whenever, in the judgment of the department, any person has
engaged in or is about to engage in any acts or practices that
constitute or will constitute a violation of any provision of the
Radiologic Technology Act (Section 27), or any rule, regulation, or
order issued thereunder, and at the request of the department, the
Attorney General may make application to the superior court for an
order enjoining these acts or practices, or for an order directing
compliance, and upon a showing by the department that the person has
engaged in or is about to engage in any acts or practices, a
temporary or permanent injunction, restraining order, or other order
may be granted.



107045.  (a) The department shall approve schools for radiologic
technologists that, in the judgment of the department, will provide
instruction adequate to prepare individuals to meet requirements for
certification as radiologic technologists under the Radiologic
Technology Act (Section 27).
   (b) The department shall provide for reasonable standards for
approved schools, for procedures for obtaining and maintaining
approval, and for revocation of approval where standards are not
maintained.



107046.  (a) In addition to the approval process in Sections 107045
and 107050, a diagnostic or therapeutic radiologic technology school
that has been recognized by the Joint Review Committee on Education
in Radiologic Technology (JRCERT) as meeting either the Standards for
an Accredited Educational Program in Radiologic Sciences, revised in
2001, or the Standards for an Accredited Educational Program in
Radiography, as adopted in April 2010, shall be approved as a
diagnostic or therapeutic radiologic technology school, upon the
school's furnishing verification to the department of current
satisfactory JRCERT certification. The department shall post the
standards, as published by JRCERT, on the department's Internet Web
site.
   (b) This section shall only apply to schools teaching diagnostic
or therapeutic radiologic programs.
   (c) This section shall only be implemented if both of the
following are complete:
   (1) The standards set forth in subdivision (a) are available to
the department and schools free of charge and accessible on the
department's Internet Web site or through a link to the standards.
   (2) To the extent consistent with federal and state health privacy
laws and with its authority pursuant to this chapter, the department
has an agreement with the Joint Review Committee on Education in
Radiologic Technology to provide access to the following information:
   (A) School accreditation materials.
   (B) Allegation of noncompliance by a school.
   (C) Program reviews performed on schools located in California.
   (d) A diagnostic or therapeutic radiologic technology school that
is in the process of obtaining recognition by JRCERT as meeting the
standards referenced in subdivision (a) shall be provisionally
approved and provided a conditional permit, provided that all of the
following conditions are met:
   (1) The school's instructors all hold either a certificate in
radiologic technology, as appropriate, issued in accordance with
subdivision (b) of Section 114870, or a licentiate's certificate or
permit, as appropriate, issued in accordance with subdivision (e) of
Section 114870.
   (2) All use of X-ray machines by the school's students or
instructors, including all machines used at the school's affiliated
clinical sites, are in compliance with the Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9), including
registration requirements.
   (3) All clinical sites used by the school have an affiliation
agreement with the school.
   (4) The school has a radiation protection program in place that
meets the standards for protection against radiation, as set forth in
the department's regulations adopted pursuant to the Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9).
   (e) Nothing in this section shall be construed to prevent a
diagnostic or therapeutic radiologic technology school that is not
accredited by JRCERT from being approved pursuant to Sections 107045
and 107050.
   (f) Before approving a school pursuant to this section, the
department shall adopt the standards referred to in subdivision (a).
At least 45 days prior to adoption, the department shall post the
proposed standards on its Internet Web site. Public comment shall be
accepted by the department for at least 30 days after the proposed
standards are posted. If a member of the public requests a public
hearing during the 30-day review period, the hearing shall be held
prior to adoption of the standards. Changes to the standards shall be
made following the same process. Adoption of, and changes to, the
standards pursuant to this subdivision shall not be subject to the
rulemaking requirements of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code and
written responses to public comment shall not be required.
   (g) Department approval of a diagnostic or therapeutic radiologic
technology school granted as described in this section, including
provisional approval granted pursuant to subdivision (c), may be
subsequently revoked, suspended, limited, or conditioned by the
department, for either of the following reasons:
   (1) Violation of a provision of the Radiologic Technology Act
(Section 27) or violation of any provision of the Radiation Control
Law or its regulations.
   (2) Nonpayment of fees prescribed in accordance with Section
107090 or 107095.
   (h) Nothing in this section shall be construed to limit or
otherwise abridge the department's authority to inspect diagnostic or
therapeutic radiologic technology schools or their clinical sites as
otherwise provided by law.
   (i) A diagnostic or therapeutic radiologic technology school
approved pursuant to this section shall provide the department with
written notice of any JRCERT action revoking, suspending,
conditioning, or denying a school's JRCERT accreditation. This notice
shall be given to the Radiologic Health Branch of the department
within 10 days of the JRCERT action.
   (j) Proceedings to revoke, suspend, limit, or condition school
approval, including approvals initially granted pursuant to
subdivision (b), 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 the powers
granted therein.
   (k) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.



107050.  When approving a school for radiologic technologists, the
department may take into consideration accreditation, approval, or
certification of the school by other agencies or organizations if the
department finds that accreditation, approval, or certification was
granted on the basis of standards that will afford the same
protection to the public as the standards provided by the Radiologic
Technology Act (Section 27) or the regulations adopted pursuant
thereto.


107055.  The department may inspect schools for radiologic
technologists prior to approval and at other times as it deems
necessary to determine that the purposes of the Radiologic Technology
Act (Section 27) are being met, and may require any reports from
schools as it deems necessary to carry out the purposes of the
Radiologic Technology Act (Section 27).



107060.  The department may enter into an agreement with another
state agency to perform all or part of the functions necessary in
order to approve and maintain approval of schools for radiologic
technologists.


107065.  Every holder of a certificate or a permit issued pursuant
to the Radiologic Technology Act (Section 27) may be disciplined as
provided in Sections 107065 and 107670. The proceedings under
Sections 107065 and 107670 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.



107070.  Certificates and permits 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 the extent as to incapacitate for the
performance of professional duties.
   (b) Incompetence or gross negligence in performing radiologic
technology functions.
   (c) Conviction of practicing one of the healing arts without a
license in violation of Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code.
   (d) Procuring a certificate or permit by fraud, or
misrepresentation, or because of mistake.
   (e) Use of a designation implying certification as a radiologic
technologist by one not so certified.
   (f) Nonpayment of fees prescribed in accordance with Section
107080.
   (g) Violation of Section 106965 or 106980 or any other provision
of the Radiologic Technology Act (Section 27) or regulation of the
department.
   (h) Conviction, either within or outside of this state, of a
felony or misdemeanor involving moral turpitude, that was committed
during the performance of radiologic technology duties. A plea or
verdict of guilty or a conviction following a plea of nolo contendere
made to a charge of a felony or misdemeanor involving moral
turpitude, that was committed during the performance of radiologic
technology duties, is deemed to be a conviction within the meaning of
this section. However, upon recommendation of either the court that
imposed or suspended sentence of the parole or probation authority
having a person under surveillance or having discharged him or her
from surveillance that the person has responded to correctional and
rehabilitative processes to a degree that might warrant waiver of the
provisions of this section, the department may, at its discretion,
take no action pursuant to this subdivision.



107075.  Any person who violates or aids or abets the violation of
any of the provisions of the Radiologic Technology Act (Section 27)
or regulation of the department adopted pursuant to that act is
guilty of a misdemeanor.


107080.  (a) The application fee for any certificate or permit
issued pursuant to the Radiologic Technology Act (Section 27) shall
be established by the department in an amount as it deems reasonably
necessary to carry out the purpose of that act.
   (b) The fee for any examination conducted pursuant to the
Radiologic Technology Act (Section 27) after failure of that
examination within the previous 12 months shall be fixed by the
department in an amount it deems reasonably necessary to carry out
that act.
   (c) The annual renewal fee for each certificate or permit shall be
fixed by the department in an amount it deems reasonably necessary
to carry out the Radiologic Technology Act (Section 27).
   (d) The penalty fee for renewal of any certificate or permit if
application is made after its date of expiration shall be five
dollars ($5) and shall be in addition to the fee for renewal
prescribed by subdivision (c).
   (e) The fee for a duplicate certificate or permit shall be one
dollar ($1).
   (f) No fee shall be required for a certificate or permit or a
renewal thereof except as prescribed in the Radiologic Technology Act
(Section 27).



107085.  Failure to pay the annual fee for renewal on or before the
expiration date of the certificate or permit shall automatically
suspend the certificate or permit. If the prescribed fee is not paid
within six months following the date, the certificate or permit shall
be revoked. A certificate or permit revoked for nonpayment of the
renewal fee may be reinstated within five years from the time of
revocation upon payment of the penalty fee plus twice the annual
renewal fee. If the application for reinstatement is not made within
five years from the date of suspension of the certificate or permit,
the certificate or permit shall be canceled and shall not be subject
to reinstatement.


107090.  The department may establish a schedule of fees for permits
issued pursuant to subdivisions (c) and (e) of Section 114870, and
Sections 114885 and 107115, if the revenue from the fees is related
to the costs of administering the Radiologic Technology Act (Section
27).


107095.  The department may establish a schedule of fees to be paid
by schools applying for approval as approved schools for radiologic
technologists and, on an annual basis, by schools that are included
on the department's list of approved schools for radiologic
technologists.



107100.  (a) All fees payable under the Radiologic Technology Act
(Section 27) shall be collected by and paid to the department for
deposit into the Radiation Control Fund established pursuant to
Section 114980.
   (b) This section shall become operative on July 1, 1993.



107110.  It shall be unlawful for any licentiate of the healing arts
to administer or use diagnostic, mammographic, or therapeutic X-ray
on human beings in this state after January 1, 1972, unless that
person is certified pursuant to subdivision (e) of Section 114870,
Section 114872, or Section 114885, and is acting within the scope of
that certification.



107111.  A licentiate of the healing arts who is certified by an
examining board in radiology recognized by the department shall be
granted a certificate to supervise the operation of X-ray machines
and to operate X-ray machines without restrictions.