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AB-3097 Radiologist assistants.(2023-2024)

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Date Published: 04/10/2024 09:00 PM
AB3097:v97#DOCUMENT

Amended  IN  Assembly  April 10, 2024
Amended  IN  Assembly  April 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3097


Introduced by Assembly Member Chen

February 16, 2024


An act to add Section 114876 to the Health and Safety Code, relating to radiologist assistants.


LEGISLATIVE COUNSEL'S DIGEST


AB 3097, as amended, Chen. Radiologist assistants.
Existing law, the Radiologic Technology Act, prohibits a person from administering or using diagnostic or therapeutic X-rays on human beings in this state, unless that person either qualifies for a specified exemption or has been certified or granted a permit by the State Department of Public Health, as specified, is acting within the scope of that certification or permit, and is acting under the supervision of a healing arts licensee. A person who violates a provision of the Radiologic Technology Act or regulation of the department adopted pursuant to that act is guilty of a misdemeanor.
This bill would prohibit a person from holding themselves out as a radiologist assistant unless the person meets certain requirements, including that they have passed the radiologist assistant examination, as specified, and that they maintain current registration with prescribed entities. The bill would require a radiologist assistant to work only under the supervision of a radiologist and would prohibit a radiologist assistant from functioning in that capacity independent of a supervising radiologist. The bill, among other things, would authorize a radiologist assistant to communicate and document initial clinical and imaging observations or procedures only to a radiologist for the radiologist’s use. The bill would authorize a supervising radiologist to delegate to a radiologist assistant, as the radiologist determines appropriate to the assistant’s competence, those tasks or services that a radiologist usually performs and is qualified to perform. By imposing additional prohibitions and requirements under the Radiologic Technology Act, the violation of which is a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The radiologist assistant is an advanced-level radiographer who has completed a nationally recognized radiologists assistant educational program and successfully completed a nationally recognized certification examination for radiologist assistants.
(b) Radiologist assistants are an extension of a radiologist and work under the supervision of a radiologist, as part of a radiologist-led team, performing medical imaging procedures within the scope of practice that the radiologist assistant is educationally prepared, clinically competent, and delegated by a radiologist to perform.
(c) Radiologist assistants do not hold the responsibility of diagnosing illnesses; however, radiologist assistants assist a radiologist by completing patient history, describing procedures, performing medical imaging procedures, and communicating initial clinical and imaging observations or procedure details only to the supervising radiologist for the radiologist’s use.
(d) Radiologist assistants work in hospitals, outpatient facilities, or diagnostic imaging centers. Radiologist assistants work only under the supervision and delegation of a radiologist.

SEC. 2.

 Section 114876 is added to the Health and Safety Code, to read:

114876.
 (a) No person shall hold themselves out to be a radiologist assistant, or use the title of “radiologist assistant,” or any other term, to imply or to suggest that the person is a radiologist assistant, unless the person meets all of the following requirements:
(1) The person has passed the radiologist assistant examination administered by the American Registry of Radiologic Technologists, the radiology practitioner assistant examination administered by the Certification Board for Radiology Practitioner Assistants, or another examination offered by a successor or comparable entity that has been determined by the department to evaluate the knowledge and skills necessary to ensure the protection of the public and has been approved by the department.
(2) The person maintains current registration with the American Registry of Radiologic Technologists, the Certification Board for Radiology Practitioner Assistants, or a successor or comparable entity.
(3) The person is certified or permitted to conduct radiologic technology in this state or possesses a radiologist assistant license from another state that licenses radiologist assistants.
(b) A radiologist assistant shall work only under the supervision of a radiologist. A radiologist assistant shall not function in their capacity as a radiologist assistant independent of a supervising radiologist.
(c) A radiologist assistant shall not interpret images, make diagnoses, or prescribe medications or therapies.
(d) A radiologist assistant may administer prescribed drugs only as directed by a supervising radiologist or their designee.
(e) (1) A radiologist assistant may communicate and document initial clinical and imaging observations or procedures only to a radiologist for the radiologist’s use.
(2) A radiologist assistant may communicate a supervising radiologist’s report to an appropriate health care provider consistent with the American College of Radiology guideline for communicating diagnostic imaging findings.
(f) A supervising radiologist may delegate to a radiologist assistant, as the radiologist determines appropriate to the radiologist assistant’s competence, those tasks or services that a radiologist usually performs and is qualified to perform.
(g) This section shall not be construed to eliminate, or in any way affect, any existing duties for a radiologic technologist or any existing requirements for the supervision of a radiologic technologist.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.