2007 - 2008 LEGISLATURE
February 13, 2008 - Introduced by Representatives Hines, Berceau, Bies, Hahn,
Hintz, Kreuser, Mason, A. Ott, Parisi, Staskunas, Townsend, Turner
and Van
Roy
, cosponsored by Senators Lehman, Darling, Miller, Olsen and Risser.
Referred to Committee on Public Health.
AB800,1,6 1An Act to amend 15.08 (1m) (b); and to create 15.405 (7e), 440.08 (2) (a) 39m.,
2440.08 (2) (a) 64g., 448.695 (3) and chapter 461 of the statutes; relating to:
3licenses and limited X-ray machine operator permits to engage in the practice
4of radiography, creating a radiography examining board, granting rule-making
5authority, requiring the exercise of rule-making authority, and providing a
6penalty.
Analysis by the Legislative Reference Bureau
This bill regulates the practice of radiography, defined in the bill as the imaging
of anatomical structures by application of X-rays to the human body using
knowledge in certain technical fields for the purpose of medical diagnosis. Under the
bill, no person may practice radiography except a person who holds a license or who
holds a limited X-ray machine operator permit (limited permit). A limited permit
authorizes the holder to perform radiography of one or more of four portions of the
body specified in the bill. A license or limited permit is granted by a seven-member
Radiography Examining Board (board), created in the bill. The license or limited
permit requirement does not apply to a physician, chiropractor, dentist, dental
hygienist, or podiatrist, to a person who is directly supervised by a chiropractor and
who has completed a training program approved by the Chiropractic Examining
Board, or to a person who is directly supervised by a podiatrist and who has
completed a training program approved by the Podiatrists Affiliated Credentialing

Board. The bill prohibits the use of diagnostic X-ray equipment on humans for
diagnostic purposes without a prescription or order by a physician, dentist,
podiatrist, chiropractor, advanced practice nurse prescriber, or physician assistant.
Under the bill, the board may grant a license or limited permit to a person who
is at least 18 years of age, holds a high school diploma or equivalent, pays a fee, passes
an examination, and completes specified educational requirements. To obtain a
license, a person must complete an approved course of study in radiography. To
obtain a limited permit, a person must complete an appropriate course of study.
The bill directs the board to promulgate rules that establish standards for
courses of study, for examinations, and for continuing education. The board may
promulgate a code of ethics for licensees and limited permit holders, and may deny,
limit, revoke, or suspend a license or limited permit held by persons who commit
specified infractions. The bill also provides for licensure or issuance of a limited
permit to a person currently practicing radiography who passes an examination
administered by the board.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB800, s. 1 1Section 1. 15.08 (1m) (b) of the statutes is amended to read:
AB800,2,112 15.08 (1m) (b) The public members of the chiropractic examining board, the
3dentistry examining board, the hearing and speech examining board, the medical
4examining board, perfusionists examining council, respiratory care practitioners
5examining council and council on physician assistants, the board of nursing, the
6nursing home administrator examining board, the veterinary examining board, the
7optometry examining board, the pharmacy examining board, the marriage and
8family therapy, professional counseling, and social work examining board, and the
9psychology examining board, and the radiography examining board shall not be
10engaged in any profession or occupation concerned with the delivery of physical or
11mental health care.
AB800, s. 2 12Section 2. 15.405 (7e) of the statutes is created to read:
AB800,3,3
115.405 (7e) Radiography examining board. There is created in the department
2of regulation and licensing a radiography examining board consisting of the
3following 7 members appointed for 4-year terms:
AB800,3,54 (a) Three members who practice radiography and who are licensed under s.
5461.03 (2).
AB800,3,96 (b) One member who is a physician licensed under s. 448.04 (1) (a) and certified
7in radiology by the American Board of Radiology, the American Osteopathic Board
8of Radiology, the British Royal College of Radiology, or the Canadian College of
9Physicians and Surgeons.
AB800,3,1110 (c) One member who is a radiologic physicist certified by the American Board
11of Radiology.
AB800,3,1212 (d) Two public members.
AB800, s. 3 13Section 3. 440.08 (2) (a) 39m. of the statutes is created to read:
AB800,3,1514 440.08 (2) (a) 39m. Limited X-ray machine operator: September 1 of each
15even-numbered year; $53.
AB800, s. 4 16Section 4. 440.08 (2) (a) 64g. of the statutes is created to read:
AB800,3,1817 440.08 (2) (a) 64g. Radiographer, licensed: September 1 of each
18even-numbered year; $53.
AB800, s. 5 19Section 5. 448.695 (3) of the statutes is created to read:
AB800,4,220 448.695 (3) The affiliated credentialing board shall promulgate rules
21specifying the requirements for a course of instruction related to X-ray examinations
22by persons under the direct supervision of a podiatrist under s. 461.02 (2) (f). In
23promulgating the rules, the affiliated credentialing board shall consult with the
24radiography examining board and shall examine laws and rules in other states. The

1affiliated credentialing board shall approve courses that meet the requirements set
2forth in the rules.
AB800, s. 6 3Section 6. Chapter 461 of the statutes is created to read:
AB800,4,44 chapter 461
AB800,4,65 radiographers and limited x-ray
6 machine operators
AB800,4,7 7461.01 Definitions. In this chapter:
AB800,4,8 8(1) "Board" means the radiography examining board.
AB800,4,9 9(2) "Department" means the department of regulation and licensing.
AB800,4,11 10(3) "Physician" means a person licensed to practice medicine and surgery
11under s. 448.04 (1) (a) or (b).
AB800,4,16 12(4) "Practice of radiography" means the imaging of anatomical structures,
13produced by the combined application of X-rays to the human body and the
14application of knowledge in the fields of anatomy, radiographic positioning, and
15radiographic technique, and knowledge of principles of radiation protection, for the
16purpose of medical diagnosis.
AB800,4,20 17461.02 Practice, use of title restricted. (1) (a) Subject to sub. (2), no person
18may use the title "radiographer," represent himself or herself as a radiographer, or
19engage in the practice of radiography, unless the person is granted a license under
20s. 461.03 (2).
AB800,4,2521 (b) A person who holds a limited X-ray machine operator permit to perform
22radiography and who does not hold a license under s. 461.03 (2) may not perform
23radiography except as authorized under the permit. A limited X-ray machine
24operator permit shall authorize the holder to perform radiography of one or more of
25the following:
AB800,5,1
11. The thorax, lungs, and ribs.
AB800,5,32 2. The upper and lower extremities, including the pectoral girdle but excluding
3the hip and pelvis.
AB800,5,44 3. The foot, ankle, and lower leg below the knee.
AB800,5,55 4. The cervical, thoracic, and lumbar spine.
AB800,5,6 6(2) Sub. (1) does not apply to any of the following:
AB800,5,77 (a) A physician.
AB800,5,108 (b) A person enrolled as a student in a radiography program approved by the
9board, if the person is directly supervised by a physician or a person licensed under
10s. 461.03 (2).
AB800,5,1411 (c) A chiropractor licensed under s. 446.02 or a person under the direct
12supervision of such a chiropractor, if the person has successfully completed a course
13of instruction comprising at least 48 hours of instruction approved by the
14chiropractic examining board related to X-ray examinations.
AB800,5,1615 (d) A dentist licensed under s. 447.04 (1), a dental hygienist licensed under s.
16447.04 (2), or a person under the direct supervision of a dentist.
AB800,5,1717 (e) A physician assistant licensed under s. 448.04 (1) (f).
AB800,5,2118 (f) A podiatrist licensed under s. 448.63 or a person under the direct supervision
19of such a podiatrist, if the person has successfully completed a course of instruction
20approved by the podiatric examining board related to X-ray examinations under s.
21448.695 (3).
AB800,5,24 22461.03 Issuance of license, permit. (1) General requirements. The board
23may not grant a license or limited X-ray machine operator permit under this section
24to a person unless all of the following apply:
AB800,5,2525 (a) The person is at least 18 years of age.
AB800,6,2
1(b) The person holds a high school diploma or its equivalent, as determined by
2the board.
AB800,6,33 (c) The person pays the fee specified in s. 440.05 (1).
AB800,6,44 (d) The person submits an application on a form provided by the department.
AB800,6,65 (e) Subject to ss. 111.321, 111.322, and 111.335, the person does not have an
6arrest or conviction record.
AB800,6,11 7(2) License. Subject to sub. (1), the board shall grant a license to practice
8radiography to a person who passes an examination administered by the board and
9submits evidence satisfactory to the board that the person has completed a course
10of study in radiography that has been approved by the board or an equivalent course
11of study, as determined by the board.
AB800,6,15 12(3) Permit. Subject to sub. (1), the board shall grant a limited X-ray machine
13operator permit to perform radiography to a person who passes an examination
14administered by the board and submits evidence satisfactory to the board that the
15person has completed an appropriate course of study, as determined by the board.
AB800,6,22 16461.04 Prescription or order required. A person who holds a license or
17limited X-ray machine operator permit under this chapter may not use diagnostic
18X-ray equipment on humans for diagnostic purposes unless authorized to do so by
19prescription or order of a physician, a dentist licensed under s. 447.04 (1), a podiatrist
20licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced
21practice nurse certified under s. 441.16 (2), or a physician assistant licensed under
22s. 448.04 (1) (f).
AB800,7,2 23461.05 Renewal of license, permit. (1) The renewal date for licenses and
24limited X-ray machine operator permits granted under this chapter is specified in
25s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a

1form provided by the department and shall include the renewal fee specified in s.
2440.08 (2) (a).
AB800,7,6 3(2) (a) A radiographer or limited X-ray machine operator is not eligible for
4renewal of a license or permit under sub. (1) unless the radiographer or limited X-ray
5machine operator has complied with the continuing education requirements
6established by the board under s. 461.06 (1) (c).
AB800,7,97 (b) Paragraph (a) does not apply to a radiographer or limited X-ray machine
8operator if the radiographer or limited X-ray machine operator is applying for
9renewal for the first time.
AB800,7,11 10461.06 Rule making. (1) The board shall promulgate rules that do all of the
11following:
AB800,7,1412 (a) Establish standards for courses of study in radiography. The standards
13shall be no less stringent than the standards adopted by the Joint Review Committee
14on Education in Radiologic Technology or a successor organization.
AB800,7,2515 (b) Establish standards for examinations under s. 461.03 (2) and (3).
16Notwithstanding s. 461.03 (2) and (3), the rules may permit a person to satisfy the
17examination requirement by providing the board with evidence satisfactory to the
18board that the person holds a current registration by the American Registry of
19Radiologic Technologists or a successor organization or is currently licensed to
20practice radiography in another state with examination standards at least as
21stringent as those promulgated by the board under this paragraph. The board may
22adopt a limited scope radiography examination administered by the American
23Registry of Radiologic Technologists, a successor organization, or other recognized
24national voluntary credentialing body, if the examination standards are at least as
25stringent as those adopted by the board under this paragraph.
AB800,8,7
1(c) Establish continuing education standards for renewal of licenses and
2limited X-ray machine operator permits issued under this chapter. The standards
3adopted under this paragraph may recognize current certification by the American
4Registry of Radiologic Technologists or a successor organization as evidence of
5compliance with the continuing education standards established under this
6paragraph, if the continuing education requirements for such certification are no less
7stringent than those adopted by the board under this paragraph.
AB800,8,9 8(2) The board may promulgate rules that establish a code of ethics for persons
9who hold a license or limited X-ray machine operator permit under s. 461.03.
AB800,8,12 10461.07 Discipline. (1) Subject to the rules promulgated under s. 440.03 (1),
11the board may conduct investigations and hearings to determine whether a person
12has violated this chapter or a rule promulgated under this chapter.
AB800,8,16 13(2) Subject to the rules promulgated under s. 440.03 (1), if a person who applies
14for or holds a license or limited X-ray machine operator permit under s. 461.03 does
15any of the following, the board may reprimand the person or deny, limit, suspend, or
16revoke the person's license or permit:
AB800,8,1817 (a) Makes a material misstatement in an application for a license or permit
18under s. 461.03 or an application for renewal of a license or permit.
AB800,8,2119 (b) Violates any law of this state or federal law that substantially relates to the
20practice of radiography, violates this chapter, or violates a rule promulgated under
21this chapter, including a provision of a code of ethics promulgated under s. 461.06 (2).
AB800,8,2322 (c) Materially assists a person who does not hold a license or permit under s.
23461.03 to engage in the practice of radiography.
AB800,8,2424 (d) Advertises, practices, or attempts to practice under another person's name.
AB800,8,2525 (e) Engages in unprofessional conduct, as defined by the board by rule.
AB800,9,3
1(f) Subject to ss. 111.321, 111.322, and 111.335, is arrested for or convicted of
2an offense the circumstances of which substantially relate to the practice of
3radiology.
AB800, s. 7 4Section 7. Nonstatutory provisions.
AB800,9,115 (1) Examining board, initial terms. Notwithstanding the length of terms
6specified for the members of the radiography examining board under section 15.405
7(7e) of the statutes, as created by this act, 2 of the initial members shall be appointed
8for terms expiring on May 1, 2009, 2 of the initial members shall be appointed for
9terms expiring on May 1, 2010, 2 of the initial members shall be appointed for terms
10expiring on May 1, 2011, and the remaining initial member shall be appointed for a
11term expiring on May 1, 2012.
AB800,9,1712 (2) Examining board; initial radiographer members. Notwithstanding section
1315.405 (7e) (a) of the statutes, as created by this act, the initial members appointed
14to the radiography examining board under section 15.405 (7e) (a) of the statutes, as
15created by this act, may be persons who are engaged in the practice of radiography,
16as defined in section 461.01 (4) of the statutes, as created by this act, and who are
17not licensed under section 461.03 (2) of the statutes, as created by this act.
AB800,9,1818 (3) Transitional license or permit.
AB800,9,2119 (a) Notwithstanding section 461.03 of the statutes, as created by this act, the
20radiography examining board shall grant a license to practice radiography to a
21person who does all of the following:
AB800,9,23 221. Satisfies the requirements specified in section 461.03 (1) of the statutes, as
23created by this act.
AB800,9,25 242. Presents evidence satisfactory to the board that the person has been engaged
25in the practice of radiography, as defined in section 461.01 (4) of the statutes, as

1created by this act, for at least 3 of the 5 years immediately preceding the date of
2application.
AB800,10,3 33. Passes an examination administered by the board.
AB800,10,64 (b) Notwithstanding section 461.03 of the statutes, as created by this act, the
5radiography examining board shall grant a limited X-ray machine operator permit
6to a person who does all of the following:
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