Current through Register Vol. 49, No. 9, September, 2024
SECTION I.
AUTHORITY
These Rules pertaining to Radiologic Technology Licensure are
duly adopted and promulgated by the Arkansas State Board of Health pursuant to
the authority expressly conferred by the Laws of the State of Arkansas
including, without limitation, Act 1071 of 1999, as amended, (Ark. Code Ann.
17-106-101
-111) and Act 96 of 1913 (Ark. Code Ann.
20-7-101
et seq).
SECTION II.
PURPOSE
These Rules are adopted for the purpose of regulating and
licensing persons administering ionizing radiation to human beings to help keep
the radiation dose to patients as low as reasonably
achievable.
SECTION III.
DEFINITIONS
A. 'Act' means Act
1071 of 1999, as amended (Ark. Code Ann. §
17-106-111);
B. 'ACRRT' means the American
Chiropractic Registry of Radiologic Technologists;
C. 'Administering Ionizing Radiation' means
the application of a prescribed dose of ionizing radiation to the human body
for the purposes of diagnosis or treatment. Several factors determine the dose
received by the patient and these include, but are not limited to: the
positioning of the patient in a radiation field, the exposure to or
introduction of ionizing radiation, and the final image production. Each of
these factors are prime determinates in the total dose received by the
patient;
D. 'Advanced practice
nursing' means the delivery of health care services for compensation by
professional nurses who have gained additional knowledge and skills through
successful completion of an organized program of nursing education that
certifies nurses for advanced practice roles as advanced nurse practitioners,
certified nurse anesthetists, certified nurse midwives, and clinical nurse
specialists.
E. 'ARRT' means the
American Registry of Radiologic Technologists;
F. 'ASCP' means the American Society of
Clinical Pathologists;
G. 'Board'
means the Arkansas State Board of Health;
H. 'Category' means a specific area of
radiologic sciences, for which there is an identified license and licensing
requirements;
I. 'CCI', means
Cardiovascular Credentialing International;
J. 'Committee' means the Medical Ionizing
Radiation Licensure Committee;
K.
'Consumer' means a person who is a resident of the state of Arkansas and who is
not a Licensed Practitioner or Radiologic Technologist or Licensed Technologist
or Limited Licensed Technologist under the Act;
L. 'Continuing Education Hour' means a period
of instruction at least fifty to sixty minutes in length;
M. 'Contrast Media' means material
intentionally administered to the human body to better define a part or parts
radiographically;
N. 'Department'
means the Arkansas Department of Health;
O. 'Direct Supervision of Students' means
responsibility for, and control of, radiation safety, protection, and technical
aspects of the application of ionizing radiation to human beings for diagnostic
or therapeutic purposes, with the parameters that are outlined by educational
accreditation agencies that are recognized by the Board;
P. 'Fluoroscopy' means a radiological
examination that uses a fluorescent screen or image intensifier on which the
internal structure of the human body may be continuously viewed by transmission
of x-rays through the body;
Q.
'Formal Education' means education obtained through an approved United States
Department of Education Institution;
R. 'Formal Examination' means an examination
or evaluation specific to a profession which tests the knowledge base in all
three domains of learning: cognitive, affective, and psychomotor;
S. 'Ionizing Radiation' means gamma rays,
x-rays, alpha and beta particles, high speed electrons, protons, neutrons, and
other nuclear particles;
T.
'JRCERT' means the Joint Review Committee for Education in Radiologic
Technology;
U. 'Lapsed Licensee'
means a licensee who has let his/her Licensed Technologist
License or Limited Licensed Technologist License, Radiologic
Technologist License, Radiation Therapy Technologist License, or Nuclear
Medicine Technologist License expire for more than five years;
V. 'License' means a certificate
issued by the Committee authorizing the licensee to use radioactive materials
or medical equipment emitting or detecting ionizing radiation for human
diagnostic or therapeutic purposes in accordance with these rules
W. 'Licensed Practitioner' means a person
licensed to practice medicine, dentistry, podiatric medicine,
chiropractic, osteopathy or optometry in this state;
X. 'Licensed Radiologic Technologist' means a
person who holds a national registry with the ARRT, ACRRT, NMTCB, and/or ASCP,
and who is licensed in the State of Arkansas;
Y. 'Licensed Technologist' means a person
other than a Licensed Practitioner, who is grandfathered under the Act and can
perform specific radiologic procedures and exams identified by a specific
license and who administers radioactive substances or uses medical equipment
emitting or detecting ionizing radiation for human diagnostic or therapeutic
purposes while under the supervision of a Licensed Practitioner;
Z. 'Limited License' means an authorization
to perform radiologic procedures under the supervision of a Licensed
Practitioner and are limited to specific parts of the human body, specific
procedures, or both, specifically of the chest and skeletal structures
excluding fluoroscopy and contrast studies;
AA. 'Limited Licensed Technologist' means a
person, other than a Licensed Practitioner, Radiologic Technologist, or
Licensed Technologist, while under the supervision of a Licensed Practitioner
and operates medical equipment emitting ionizing radiation for diagnostic
purposes on human beings that are limited to specific body parts, and who has
successfully passed a limited scope examination deemed appropriate by the
Board;
BB. 'Medical Dosimetrist'
means a person who is certified or eligible for certification by the Medical
Dosimetry Certification Board;
CC.
'NMTCB' means Nuclear Medicine Technology Certification Board;
DD. 'Nuclear Medicine Technologist' means a
person, other than a Licensed Practitioner, who performs therapeutic, in vivo,
imaging, procedures, prepares radiopharmaceuticals, and administers diagnostic
doses of radiopharmaceuticals to human beings while under supervision of a
Licensed Practitioner who is licensed as required to possess and use
radioactive materials;
EE. 'PET/CT
License' means an authorization to perform radiologic procedures under the
supervision of a Licensed Practitioner that is limited to radiologic procedures
performed for PET/CT procedures;
FF. 'PET/CT Technologist' means a person
other than a Licensed Practitioner, who has specific qualifications, education,
certification and responsibilities as recognized by the Committee;
GG. 'Radiation Health/Medical Physicist'
means a person who is certified or eligible for certification in radiologic
physics by the American Board of Radiology, the American Board of
Health/Medical Physics or the American Board of Science in Nuclear
Medicine;
HH. 'Radiation
Practitioner' means a Licensed Practitioner that has completed a residency in
radiology, nuclear medicine, or radiation oncology, and is certified by the
American Board of Radiology, the American Osteopathic Board of Radiology, the
American Board of Nuclear Medicine, or its equivalent;
II. 'Radiation Therapist' means a person,
other than a Licensed Practitioner or Nuclear Medicine Technologist, who
applies radiation to humans for therapeutic purposes under the supervision of a
Licensed Practitioner;
JJ.
'Radiographer' means a person other than a Licensed Practitioner, who uses
medical equipment emitting ionizing radiation for human diagnostic purposes
under the supervision of a Licensed Practitioner and holds a national
certification obtained through education and examination, licensed under the
Act;
KK. 'Radiography' means the
practice of the theory and technical aspects of the use of x-rays which are
used in the diagnosis and treatment of disease;
LL. 'Radiologic Technologist' means a person
other than a Licensed Practitioner, who is identified by category and who
administers radioactive substances or uses medical equipment emitting or
detecting ionizing radiation for human diagnostic or therapeutic purposes under
the supervision of a Licensed Practitioner, and holds a national certification
obtained through education and examination, licensed under the Act;
MM. 'Radiologic Technology' is the science of
using a radioactive substance or medical equipment emitting or detecting
ionizing radiation of humans for diagnostic or therapeutic purposes;
NN. 'Radiologic Technology Student' means an
individual currently enrolled in and attending a school of radiologic
technology, radiation therapy, or nuclear medicine with recognized educational
accreditation who uses radioactive material on or applies ionizing radiation to
a human being while under the supervision of a Licensed Practitioner or a
Licensed Radiologic Technologist;
OO. 'RCIS' means Registered Cardiovascular
Invasive Specialist;
PP. 'RCIS
License' means an authorization to perform radiologic procedures under the
supervision of a Licensed Practitioner that are limited to fluoroscopic
radiologic procedures performed for cardiovascular interventional
procedures;
QQ. 'RCIS Technologist'
means a person other than a Licensed Practitioner, Radiologic Technologist, or
Licensed Technologist, while under the supervision of a Licensed Practitioner
and operates medical equipment emitting ionizing radiation for fluoroscopic
cardiovascular interventional radiologic purposes on human beings that are
limited to specific body parts and only for cardiovascular interventional
procedures, who has successfully completed educational requirements and passed
an examination deemed appropriate by the Committee;
RR. 'Reciprocity' means the Board may accept
an applicant's current certificate, registration, or license issued by another
state, provided that it is substantially similar and meets the requirements of
Section VIII of these Rules;
SS.
'Retired' means a license holder who notifies the Department in writing that
the individual will cease the practice of Radiologic Technology;
TT. 'Scaled Score' means a score that is
consistent from exam to exam despite differences in difficulty that may be
present among the exams. A scaled score takes into account any differences in
exam difficulty. A scaled score represents the same level of performance for
all exams.
UU. 'Skeletal
Structures' means extremities, skull, sinuses, spine, ankle, and foot of the
human body;
VV. 'Suspended
licensee' means a license holder who after sixty days of expiration date,
failed to pay the renewal fee and/or provide documentation of six hours of
continuing education credits;
WW.
'Temporary License' means a certificate issued by the Board, authorizing the
applicant to use radioactive materials or medical equipment emitting or
detecting ionizing radiation for human diagnostic or therapeutic purposes, when
licensure or relicensure is pending before the Board and when the issuance may
be justified by special circumstances as determined by the Board.
SECTION IV.GENERAL
REQUIREMENTS AND RESTRICTIONS
A. No person, other than a Licensed
Practitioner, Radiologic Technologist, Licensed Technologist, or Limited
Licensed Technologist shall use radioactive materials or medical equipment
emitting or detecting ionizing radiation on human beings for diagnostic or
therapeutic purposes.
B. A person
holding a license under the Act or these rules shall use medical equipment
emitting or detecting ionizing radiation on a human being only by prescription
of a Licensed Practitioner or an advanced practice nurse.
C. No person shall knowingly or negligently
employ a person to apply ionizing radiation or administer radiopharmaceuticals
to a human being or otherwise engage in the practice of radiologic technology
unless the person possesses a valid license issued under the provisions of the
Act or these rules within that specific category.
D. A person shall not apply ionizing
radiation or administer radiopharmaceuticals to a human being or otherwise
engage in the practice of radiologic technology unless the person possesses a
valid license issued under the Act or these rules.
E. Eligibility for retired status requires
that the individual sign an agreement not to engage to any extent whatsoever in
actual patient contact in the provision of: radiologic technology, management
of radiologic technology, education of persons involved or seeking to become
involved in radiologic technology, in commercial sales, services, or
applications with respect to any aspect of radiologic technology or items,
services, or devices used in that technology.
F. Based on identified specific educational
requirements and/or examinations, the Board may recognize emerging modalities
in radiological sciences and procedures.
SECTION V.
EXEMPTIONS
A. Licensed Practitioners, individuals
licensed to practice medicine, dentistry, podiatric medicine, chiropractic,
optometry or osteopathy in this state, dental hygienists, registered dental
assistants with the expanded duty of radiography, radiation health physicists,
radiation medical physicists, chiropractic externs, bone
densitometrists and certified medical dosimetrists are exempt from the
requirement of obtaining a license to apply ionizing radiation or administer
radiopharmaceuticals.
B. The
requirement for a license shall not apply to a student enrolled in and
attending a school of radiologic technology, radiation therapy, nuclear
medicine technology chiropractic radiologic technology or cardiovascular
intervention with recognized education accreditation, who uses radioactive
material on or applies ionizing radiation to a human being for diagnostic or
therapeutic purposes while under the supervision of a Licensed Practitioner or
Licensed Radiologic Technologist.
C. The requirement for a license shall not
apply to a student enrolled in and attending a health care profession school
that is recognized by the United States Department of Education or the Arkansas
Department of Higher Education that has radiologic sciences taught in part of
the educational process who uses equipment emitting or detecting ionizing
radiation.
D. Nothing in the
provisions of the Act or these rules relating to Radiologic Technology shall
limit, enlarge, or affect the practice of Licensed Practitioners herein
defined.
SECTION VI.
LICENSES REQUIRED
A. A Radiologic
Technologist License is required for any individual who holds a national
registry with the American Registry of Radiologic Technologists, Nuclear
Medicine Technology Certification Board, or the American Society of Clinical
Pathologists and uses medical equipment emitting or detecting ionizing
radiation or administers radiopharmaceuticals for human diagnostic or
therapeutic purposes.
B. A Licensed
Technologist License is required for any individual who uses medical equipment
emitting or detecting ionizing radiation for human diagnostic or therapeutic
purposes under the supervision of a Licensed Practitioner and is licensed under
the "Grandfather" provision in the Act.
C. A Limited Licensed Technologist License is
required for any individual who is under the supervision of a Licensed
Practitioner and uses medical equipment emitting ionizing radiation for human
diagnostic purposes for radiographic examination of the chest or skeletal
areas. This license is obtained by successful completion of the examination by
the American Chiropractic Registry of Radiologic Technologists or an
examination approved by the Arkansas State Board of Health
D. An RCIS license is required for any
individual who is under the supervision of a Licensed Practitioner and operates
medical equipment emitting ionizing radiation for fluoroscopic radiologic
purposes on human beings that are limited to specific body parts and only for
cardiovascular interventional procedures. This license is obtained by
successful completion of an examination deemed appropriate by the Committee and
approved by the Board.
E. A
Temporary License may be issued by the Board to any individual whose licensure
or relicensure may be pending and when issuance may be justified by special
circumstances. A temporary license shall be issued only if the Board finds that
it will not violate the purpose of the Act or theses rules, or endanger the
public health and safety. A temporary license shall not remain in force longer
than one hundred and eighty days. No more than two temporary licenses shall be
issued to any individual within a specific category. The Committee may extend
the temporary license if the individual demonstrates to the committee a
hardship or a continual progression in fulfilling the educational and
certification requirements recognized by the Committee.
Only temporary license holders, who have graduated from
accredited educational programs, recognized by the Board and are awaiting
examination and licensure may perform fluoroscopy or administer contrast media.
Temporary license holders for limited scope, may only perform the radiologic
procedures on human beings for which they are preparing to take the
examination.
F.
Reactivation of retired license may be reinstated when the individual must pay
the renewal fee and provide documentation of six hours of continuing education
credits within the year prior to renewal.
G. Renewal of a lapsed license for a licensee
who has allowed their Licensed Technologist License or Limited Licensed
Technologist License lapse for five years or less will be permitted on the
basis of payment of the required renewal fee, an accrued late fee and
completion of a minimum of six hours per year continuing education for each
year license has lapsed.
H. Renewal
of a lapsed license for a licensee who has let their Licensed Technologist
License or Limited Licensed Technologist License expire for more than five
years will be based on payment of the required renewal fee, late fee and
successful completion of the licensing examination approved by the State of
Arkansas. Renewal of a lapsed license for an ARRT or its equivalent
technologist who has let their Radiologic Technologist License, Radiation
Therapy License or Nuclear Medicine Technology License expire for more than
five years will be based on payment of the required renewal fee, late fee, and
documentation from the ARRT, NMTCB, ACRRT or CCI of a current valid registry
card.
SECTION VII.
AUTOMATIC LICENSURE UNDER ACT 820 of 2019
A. As used in this subsection, "returning
military veteran" means a former member of the United States Armed Forces who
was discharged from active duty under circumstances other than
dishonorable.
B. As used in the
subsection, "automatic licensure" means the granting of occupational licensure
without an individual's having met occupational licensure requirements provided
under this title or by the rules of the occupational licensing
entity.
C. The Board shall grant
automatic licensure to an individual who holds a substantially equivalent
license in another U.S. jurisdiction and is:
1. An active duty military service member
stationed in the State of Arkansas;
2. A returning military veteran applying for
licensure within one (1) year of his or her discharge from active duty;
or
3. The spouse of a person under
C.1 or C.2.
D. The Board
shall grant such automatic licensure upon receipt of all of the below:
1. Payment of the initial licensure
fee;
2. Evidence that the
individual holds a substantially equivalent license in another state;
and
3. Evidence that the applicant
is a qualified applicant under C.1.;C.2; or C.3.
E. For the purposes of this section,
"substantially equivalent" means a license from another state that requires:
1 . Graduation from an accredited Radiologic
Technology School; and
2. Pass the
applicable exam as listed in Section XII.A of these
Rules.
SECTION
VIII.RECIPROCITY UNDER ACT 426 OF 2019
A. Required Qualifications. An applicant
applying for reciprocal licensure shall meet the following requirements:
1. The applicant shall hold a substantially
similar license in another United States jurisdiction.
a. A license from another state is
substantially similar to an Arkansas Radiologic Technology license if the other
state's licensure qualifications require:
(i)
. Graduation from an accredited Radiologic Technology School; and
(ii) . Pass the applicable exam as listed in
Section XII.A of these Rules.
b. The applicant shall hold his or her
occupational licensure in good standing;
c. The applicant shall not have had a license
revoked for:
(i) An act of bad faith;
or
(ii) A violation of law, rule,
or ethics; d. The applicant shall not hold a suspended or probationary license
in a United States jurisdiction;
2. The applicant shall be sufficiently
competent in the Radiologic Technology;
B. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant's license from another jurisdiction is substantially similar to
Arkansas', the applicant shall submit the following information:
a. Evidence of current and active licensure
in that state. The Board may verify this information online if the jurisdiction
at issue provides primary source verification on its website or by telephone to
the other's state's licensing board; and
b. Evidence that the other state's licensure
requirements match those listed in A.1.a.. The Board may verify this
information online or by telephone to the other's state's licensing board.
2. To demonstrate that
the applicant meets the requirements in A.1.b. through A.1.d., the applicant
shall provide the Board with:
a. The names of
all states in which the applicant is currently licensed or has been previously
licensed;
b. Letters of good
standing or other information from each state in which the applicant is
currently or has ever been licensed showing that the applicant has not had his
license revoked for the reasons listed in A.1.c. and does not hold a license on
suspended or probationary status as described in A.1.d. The Board may verify
this information online if the jurisdiction at issue provides primary source
verification on its website or by telephone to the other's state's licensing
board.
3. As evidence
that the applicant is sufficiently competent in the field of Radiologic
Technology, an applicant shall:
a. Pass the
applicable exam as listed in Section XII.A of these Rules.
SECTION IX.
PROVISIONAL LICENSE UNDER ACT 1011 OF 2019
A. The Board shall issue a provisional
license immediately upon receipt of the application, the required fee, and the
documentation required under Section VIII B.1.a. and b.
B. The provisional license shall be effective
for six months, unless the Board determines that the applicant does not meet
the requirements in Radiologic Technology in which case the provisional license
shall be immediately revoked.
C. An
applicant may provide the rest of the documentation required above in order to
receive a regular license, or the applicant may only provide the information
necessary for the issuance of a provisional license.
SECTION X.
LICENSE FOR A PERSON FROM A
STATE THAT DOESN'T LICENSE PROFESSION UNDER ACT 1011 OF 2019.
A. Required Qualifications. An applicant from
a state that does not license Radiologic Technologists shall meet the following
requirements
1. The applicant shall be
sufficiently competent in the Radiologic Technology; and
2. Current registration with the American
Registry of Radiologic Technologists.
B. Required documentation. An applicant shall
submit a fully-executed application, the required fee, and the documentation
described below.
1. As evidence that the
applicant is sufficiently competent in the field Radiologic Technology, an
applicant shall:
a. Pass the applicable exam
as listed in Section XIII.A of these Rules.
SECTION XI.
RECIPROCITY AND STATEæ"SPECIFIC EDUCATION UNDER ACT 1011 OF
2019.
A. The Board shall require an
applicant to take the Limited Scope Radiologic Technologist exam if the
applicant is licensed in another state that does not offer reciprocity to
Arkansas residents that is similar to reciprocity provided to out-of-state
applicants in Section VIII.
B.
Reciprocity in another state will be considered similar to reciprocity under
Section VIII if the reciprocity provisions in the other state:
1. Provide the least restrictive path to
licensure for Arkansas applicants;
2. Do not require Arkansas applicants to
participate in the apprenticeship, education, or training required as a
prerequisite to licensure of a new professional in that state, except that the
state may require Arkansas applicants to participate in continuing education or
training that is required for all professionals in that state to maintain the
licensure.
3. Do not require
Arkansas applicants to take a state-specific education unless required to do so
under the same conditions described in Section VIII.
SECTION XII.PRE-LICENSURE
PROHIBITNG OFFENSE DETERMINATION
A.
Pursuant to Act 990 of 2019, an individual may petition for a pre-licensure
determination of whether the individual's criminal record will disqualify the
individual from licensure and whether a waiver may be obtained.
B. The individual must obtain the
pre-licensure criminal background check petition form from the
Medical Ionizing Radiation Licensure Committee
(MIRLC).
C. The
MIRLC will respond with a decision in writing to
a completed petition within a reasonable time.
D. The MIRLC
response will state the reason(s) for the decision.
E. All decisions of the MIRLC
in response to the petition will be determined by the
information provided by the individual.
F. Any decision made by the
MIRLC in response to a pre-licensure criminal
background check petition is not subject to appeal.
G. The MIRLC
will retain a copy of the petition and response and it will be
reviewed during the formal application process.
SECTION XIII.
QUALIFICATIONS FOR
EXAMINATIONS
A. Accepted Examinations.
The accepted examinations for licensure are the ARRT, NMTCB, ASCP, ACRRT or CCI
examinations for the licensing examinations approved by the Board. The
categories of examinations approved by the Board are: Radiography, Radiation
Therapy, Nuclear Medicine Technology, Limited Chest, Limited Spine, Limited
Extremities, Limited Skull and Sinus, Limited Ankle and Foot and RCIS.
B. Process for Examination
Qualifications. The applicant shall apply for any examination for licensure by
providing the Department with the necessary information on the examination
application form provided by the Department.
C. Examination pass/fail. The minimum passing
score shall be a scaled score of 70.
D. Re-examination. Upon payment of
examination fee and completion of the examination application process, there
will be no limitation on the number of times the examination can be taken.
SECTION XIV.
FEES
A. Examination Fee. The
examination fee will be set by the vendor contracted with the department to
administer the examinations that meet the requirements of the Arkansas State
Board of Health. This fee is non-refundable.
B. License Fee. The license fee shall be
forty-five dollars for one category. The license fee for more than one category
shall be sixty-five dollars. This fee is non-refundable.
C. Temporary Fee. The temporary fee shall be
forty-five dollars for each additional temporary license. The temporary license
may be renewed once. The temporary license fee will be transferred to the
license fee following successful completion of the examination, for a period of
one hundred eighty days with the renewal date being one hundred eighty days
from the date of the original temporary license that was issued. If a test is
not available, the renewal date will be the date when the examination is
available. This fee is non-refundable.
D. Student Temporary Fee. The fee shall be
forty-five dollars, and may be renewed once. There will not be an additional
fee for renewal if successful completion of the ARRT, NMTCB, ACRRT, CCI or
other licensing examination approved by the Board has occurred. This will apply
for a student in an approved United States Department of Education school. This
fee will be transferred to the license fee for a period of one year. This fee
is non-refundable.
E. Late Fee. The
late fee will be fifty percent of the license fee. The late fee will be accrued
on the expiration date of the license. This fee is non-refundable.
SECTION XV.
DISPLAY OF LICENSE
Licensees shall display the official license document or a copy
of the license, which has been notarized by a notary public in each place of
employment, and the document shall be made available upon its request. The
licensee shall display their license at the primary location of employment, or
where the licensee is regularly scheduled to work. The licensee can have a
notarized copy on file when working at a facility other than their primary
place of work.
SECTION XVI.
EDUCATIONAL PROGRAM STANDARDS
The standards the Board will accept for Educational Programs in
Radiologic Technology are programs that are accredited by the United States
Department of Education through the Joint Review Committee on Education in
Radiologic Technology, Joint Review Committee on Educational Programs in
Nuclear Medicine Technology, Chiropractic Radiologic Technology and
Cardiovascular Credentialing International, or equivalent.
SECTION XVII.
RENEWAL DATE
A. A license shall be renewed annually. The
renewal date shall be one year from the date of issuance.
B. A temporary license may be renewed once at
the end of the one hundred eighty day period for the temporary license.
SECTION XVIII.
CONTINUING EDUCATION STANDARDS
A minimum of six hours of continuing education is required for
license renewal for all license holders. A continuing education hour is defined
as being equal to fifty to sixty minutes. Educational activities of thirty to
forty-nine minutes in duration will be awarded one-half continuing education
credit. Educational activities longer than one hour will only be awarded half
and whole hour credits. Educational activities less than thirty minutes will
receive no credit. The continuing education will be required on a prorated
basis for temporary license holders. If a temporary license has been renewed,
the holder will be required to meet the full six hours of education.
A. The six hours of continuing education is
to have been acquired within the year preceding the date of renewal.
B. Three of the six hours must be in the
Radiologic Sciences, in the core areas of all licenses such as radiation
protection, equipment operation and maintenance, image production and
evaluation, patient care and management and radiopharmaceuticals. The other
three hours may be in other areas related to health care.
C. Continuing education may be provided by
the licensed practitioner or a hospital in-service education department. The
sponsor of the continuing education must provide specific information on the
continuing education forms provided by the Department. Request for approval
must be made to the Committee at least thirty days prior to the educational
activity.
D. The information
required is a request approval form, objectives, outline and lecture or
presenter curriculum vita.
E. The
Committee will review the information and if approved, the Committee will
assign a continuing education approval number.
F. The sponsor shall document attendance at
continuing education and shall provide documentation in suitable format to the
Department.
G. The participant must
keep a record of his/her continuing education and submit the information on the
annual renewal form for license renewal. The Committee may perform random
checks to evaluate attendance at the continuing education.
H. The Committee shall accept the following
as continuing education lecturers or presenters: Licensed Practitioner,
Registered Radiologic Technologist, Medical/Health Physicist, Health Care
Professional who has attended formal education and passed a formal examination
specific for the health care area of interest, and company or service
representatives in Radiologic Technology. The Committee will also consider
other individuals who demonstrate expertise through the submitted curriculum
vitae, education, or work experience relative to the education to be
presented.
I. The approved
continuing education and assigned approval number will be effective for a
period of three years or until substantial changes in content have occurred,
which ever comes first. A new approval must be requested after a period of
three years or if substantial changes have been made to the lecture
content.
J. The licensee can only
use a continuing education approval number once during the renewal
period.
K. Continuing Education
approved by other organizations such as the American Society of Radiologic
Technologists, Society of Nuclear Medicine, American Medical Association,
American Podiatric Medicine Association, or the American Chiropractic
Association, may be accepted. The Committee reserves the right to deny
continuing education approved by other organizations. The name and number for
the continuing education assigned by other approval processes must be provided
on the form. The Committee will accept confirmation forms provided by other
approved processes.
L. If the
minimum amount of continuing education is not met, or the continuing education
is not approved, the licensee will be placed on probation and has sixty days to
complete the required continuing education to receive a renewal license. If the
education is not completed the licensee will be considered a lapsed
licensee.
M. Licensees awarded the
retired status are exempt from the continuing education requirements so long as
they remain on retired status.
SECTION
XIX.
ADMINISTRATION
A. The license of a Radiologic Technologist,
Licensed Technologist, or Limited Licensed Technologist may be suspended or
revoked, or the individual may be censured, reprimanded or otherwise sanctioned
by the Board in accordance with the provisions and procedures of this act if,
after due process, it is found that the individual:
1. Is guilty of fraud or deceit in the
procurement or holding of the license;
2. Has been convicted of a felony listed
under A.C.A. §
17-3-102;
3. Is or has been afflicted with any medical
problem, disability, or addiction, which, in the opinion of the Board, would
impair professional competence;
4.
Has knowingly aided and abetted a person who is not a Radiologic Technologist,
Licensed Technologist, or Limited Licensed Technologist, or otherwise
authorized by the Act or these rules, to perform the duties of a license
holder;
5. Has undertaken or
engaged in any practice beyond the scope of duties permitted a license holder
under the Act or these rules;
6.
Has impersonated a license holder or former license holder or is performing the
duties of a Radiologic Technologist, Licensed Technologist, or Limited Licensed
Technologist under an assumed name;
7. Has been found guilty of violations of the
Code of Ethics as established by these rules;
8. Has applied ionizing radiation without the
prescription of a Licensed Practitioner;
9. Has interpreted a diagnostic image for a
fee;
10. Is, or has been found
guilty of incompetence or negligence in his performances as a license holder;
or
11. Failure to comply with any
provision of the Act or these rules.
B. Proceedings against the holder of a
license shall be instituted by filing a written charge or charges with the
Committee. The charge or charges may be brought by a person, corporation,
association, public officer, or the Board. The chairperson of the Committee
shall appoint a subcommittee of three (3) Committee members to examine the
charge or charges and prepare a written recommendation to the Committee stating
whether the charge or charges should be dismissed or brought against the
licensee. If the Committee determines that the charge or charges contain
sufficient merit, the Chairperson shall set a time and place for a hearing.
A copy of the charge or charges, together with the notice of
the time and place of the hearing, shall be served on the person charged either
in person or by registered mail at least thirty (30) days before the date set
for the hearing. The accused shall have the right to appear at the hearing with
counsel, to answer the charge or charges, cross-examine witnesses, and produce
evidence and witnesses in his defense. The Committee shall have the power to
issue subpoenas for the appearance of witnesses and take testimony under
oath.
C. Any licensee who
violates any provision of the Act, or any rule or order made pursuant to the
Act shall be subject to a cease and desist order and a fine of not more than
one thousand dollars ($1,000.00) per incident.
D. All hearings and appeals shall be pursuant
to the provisions of the Arkansas Administrative Procedure Act, as amended,
§
25-15-201 et
seq.
SECTION XX.
CODE OF ETHICS
A radiologic technologist, licensed technologist, or a limited
licensed technologist shall abide by the following:
A. The Licensee conducts herself or himself
in a professional manner, responds to patient needs and supports colleagues and
associates in providing quality patient care.
B. The Licensee acts to advance the principle
objective of the profession to provide services to humanity with full respect
for the dignity of mankind.
C. The
Licensee delivers patient care and service unrestricted by the concerns of
personal attributes or the nature of the disease or illness, and without
discrimination on the basis of sex, race, creed, religion or socioeconomic
status.
D. The Licensee practices
radiologic technology founded upon theoretical knowledge and concepts, uses
equipment and accessories consistent with the purposes for which they were
designed, and employs procedures and techniques appropriately.
E. The Licensee assesses situations;
exercises care, discretion, and judgment; assumes responsibility for
professional decisions; and acts in the best interest of the patient.
F. The Licensee acts as an agent through
observation and communication to obtain pertinent information for the physician
to aid in the diagnosis and treatment of the patient and recognizes that
interpretation, diagnosis, ordering and prescribing radiologic examinations are
outside the scope of practice for licensees.
G. The Licensee respects confidences
entrusted in the course of professional practice, respects the patient's right
to privacy and reveals confidential information only as required by law or to
protect the welfare of the individual or the community.
H. The Licensee continually strives to
improve knowledge and skills by participating in continuing education and
professional activities, and sharing knowledge with colleagues.
SECTION XXI.
SEVERABILITY
If any provision of these Rules or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of these Rules which can give effect without
the invalid provisions or application, and to this end the provisions hereto
are declared severable.
SECTION
XXII.
REPEAL
All rules and parts of rules in conflict herewith are hereby
repealed.
CERTIFICATION
This will certify that the foregoing Rules pertaining to
Medical Ionizing Radiation Licensure were adopted by the Arkansas Board of
Health at a regular session of the Board held in the Arkansas Department of
Health Board Room of the Freeway Medical Building on the 24th day of October
2019