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SB-377 Radiologist assistants.(2021-2022)

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Date Published: 01/03/2022 02:00 PM
SB377:v98#DOCUMENT

Amended  IN  Senate  January 03, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 377

Introduced by Senator Archuleta Hertzberg

February 10, 2021

An act to add Section 114871 to the Health and Safety Code, relating to radiologist assistants.


LEGISLATIVE COUNSEL'S DIGEST


SB 377, as amended, Archuleta Hertzberg. Radiologist assistants.
Existing law provides for the certification and regulation of radiologic technologists by the State Department of Public Health. Existing law authorizes the department to adopt regulations to implement those provisions, as specified.
This bill would prohibit a person from holding themself out as a radiologist assistant unless the person meets specified requirements including examination and registration. The bill would prohibit a radiologist assistant from functioning in that capacity independent of a supervising radiologist and performing specified acts. The bill would make a violation of these provisions punishable by a fine not exceeding $5,000, imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. By creating a new crime, this 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: YESNO  

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


SECTION 1.

 Section 114871 is added to the Health and Safety Code, to read:

114871.
 (a) No person shall hold themself out to be a radiologist assistant, or use the title “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 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 and 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) A radiologist assistant may communicate and document initial clinical and imaging observations or procedures only to a radiologist for the radiologist’s use. 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 assistant’s competence, those tasks or services that a radiologist usually performs and is qualified to perform.

(g)A violation of this section is a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000), imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment.

SEC. 2.

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.