CR 18-073 Rule Text

STATE OF WISCONSIN

RADIOGRAPHY EXAMINING BOARD

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IN THE MATTER OF RULEMAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   RADIOGRAPHY EXAMINING

RADIOGRAPHY EXAMINING     :   BOARD

BOARD           :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE 18-073)

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ORDER

An order of the Radiography Examining Board to repeal RAD 5.01 (intro.) and 5.02 (1) and (2); to renumber RAD 5.05 (1) (a); to renumber and amend RAD 5.02 (intro.) and 5.05 (1) (intro.) and (b); to amend RAD 5.01 (1) and (2), 5.03, 5.04, and 5.05 (2); and to create RAD 5.01 (3) to (5), relating to continuing education.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Section 440.03 (4m), Stats.

Statutory authority: Sections 15.08 (5) (b) and 462.06 (1) (c), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides each examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .”

Section 462.06 (1) (c), Stats., provides the Radiography Examining Board shall promulgate rules that “[e]stablish continuing education standards for renewal of licenses and limited X−ray machine operator permits issued under this chapter.”

Related statute or rule:

None.

Plain language analysis:

Section RAD 5.04 is revised to comply with s. 440.03 (4m), Stats., as created by 2017 Wisconsin Act 59. Under this provision, the Board may require a credential holder to submit proof of completing continuing education programs or courses only if a complaint is made against the credential holder. Other provisions throughout ch. RAD 5 have been revised to better organize the content of the chapter and ensure consistency with current style and format standards for drafting administrative rules and applicable Wisconsin statutes.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Comparison with rules in adjacent states:

Illinois:

32 Ill. Admin. Code 401.140 b) 4) to 6) provide the requirements for retention and production of evidence of compliance with the continuing education requirements for renewal of accreditation in the practice of medical radiation technology. All technologists accredited by the Illinois Emergency Management Agency are required to maintain proof of participation in continuing education activities. Technologists seeking renewal are required to attest they have acquired the required number of continuing education credits. Within 30 days after receipt of this attestation, the Agency may perform an audit in which the individual will be asked to provide copies of documentation. Failure to respond to the Agency's audit request or failure to provide acceptable documentation may result in a refusal to renew accreditation.

Iowa:

641 IAC 42.18 provides the requirements for production of evidence of compliance with the continuing education requirements for renewal or reinstatement of a permit to operate ionizing radiation producing machines or administer radioactive materials. A permit holder must either 1) have a current American Registry of Radiologic Technologists (ARRT) or Nuclear Medicine Technology Certification Board (NMTCB) registration that has been renewed within 60 days prior to the submission of a permit renewal application or 2) submit proof of completion of continuing education activities recognized by ARRT or NMTCB or, in the case of a podiatric x-ray equipment operator permit holder, sponsored by the American Podiatric Medical Association or the Iowa Podiatric Medical Society.

Michigan:

The State of Michigan does not license operators of x-ray machines, nor does it have any requirements relative to the licensure or credentialing of x-ray machine operators except for radiologic technologists who perform mammographic examinations (Mich Admin Code, R 333.5630). The rules require compliance with the continuing education requirements under 21 C.F.R. 900.12(a)(2), “Radiologic technologists” (2000).

A mammography facility is required to maintain records documenting the qualifications of all personnel who work at the facility, including radiologic technologists who perform mammographic examinations. The Department of Licensing and Regulatory Affairs may review these records during an inspection of the facility (Mich Admin Code, R 333.5635).

Minnesota:

Minn. Stat. 144.121, Subd. 5., provides the requirements for practicing as a limited x-ray machine operator. The statutes do not require continuing education.

Summary of factual data and analytical methodologies:

The rules were developed by reviewing the provisions of ch. RAD 5 to ensure consistency with current style and format standards for drafting administrative rules and applicable Wisconsin statutes.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The rules were posted for a period of 14 days to solicit public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis document is attached.

Effect on small business:

These rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing to be held at 9:00 a.m. on December 12, 2018, to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1.   RAD 5.01 (intro.) is repealed.

Section 2.   RAD 5.01 (1) and (2) are amended to read:

  RAD 5.01 (1) Radiographers. Radiographers Except as provided under sub. (3), during the 2−year period immediately preceding the renewal date under s. 440.08 (2) (a) 64g., Stats., a radiographer shall complete 24 credit hours of continuing education credit each biennium, except for the first renewal of the permit related to the practice of radiography.

  (2) LXMO permit holders. Except as provided under sub. (3), during the 2−year period immediately preceding the renewal date under s. 440.08 (2) (a) 39m., Stats., an LXMO permit holders holder shall complete 12 credit hours of continuing education credit each biennium, except for the first renewal of the permit related to the practice of radiography.

Section 3.   RAD 5.01 (3) to (5) are created to read:

  RAD 5.01 (3) Exemption for new licensees and permit holders. Subsections (1) and (2) do not apply to the first renewal following the date a license or permit is initially issued.

  (4) Credit for ARRT certification. The board shall accept active certification from the ARRT or a board-approved successor organization as meeting the requirements under subs. (1) and (2).

  (5) Recordkeeping. Licensees and permit holders shall maintain records of continuing education credit hours required under subs. (1) and (2) for at least 3 years from the date of the continuing education activity. The records for each continuing education activity shall include all of the following:

  (a) The name and address of the sponsor or provider.