CR 18-073 Rule Text

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.

  (b) The date, time, and location of the activity.

  (c) A brief statement of the subject matter.

  (d) A program schedule, registration receipt, or certificate of attendance.

  (e) Number of credit hours completed.

Section 4.   RAD 5.02 (intro.) is renumbered RAD 5.02 and amended to read:

  RAD 5.02 Verification Certification of compliance. A licensee or permit holder shall, at the time of making application for renewal of a license or permit under this chapter, sign a statement on the application for renewal verifying that the licensee or permit holder has satisfied certifying the continuing education requirement requirements under s. RAD 5.01 (1) or (2) have been satisfied.

Section 5.   RAD 5.02 (1) and (2) are repealed.

Section 6.   RAD 5.03 and 5.04 are amended to read:

  RAD 5.03 Approved providers. For purposes of this chapter approved The board accepts providers of continuing education courses are those recognized by the American Registry of Radiologic Technologists ARRT or a board-approved successor organization deemed acceptable to the board.

  RAD 5.04 Audit. The board shall conduct a random audit for compliance with the requirements of under this chapter at least every 6 years and require any licensee or permit holder to produce evidence of compliance with the continuing education requirements any licensee or permit holder who is under investigation by the board for alleged misconduct.

Section 7.   RAD 5.05 (1) (intro.) is renumbered RAD 5.05 (1) and amended to read:

  RAD 5.05 (1) A credential holder may, based on hardship or other extenuating circumstances, request prior to the renewal date a full or partial waiver or postponement of the continuing education requirement on the basis of a hardship requirements under s. RAD 5.01 (1) or (2). The request shall be submitted to the board prior to the applicable renewal date and include a statement describing the reason for the waiver or postponement request.

Section 8.   RAD 5.05 (1) (a) is renumbered RAD 5.05 (1g).

Section 9.   RAD 5.05 (1) (b) is renumbered RAD 5.05 (1r) and amended to read:

  RAD 5.05 (1r) Hardship is defined as an inability to complete the continuing education requirements because of In this section, “hardship” means full-time military service during a substantial part of the biennium; 2-year period immediately preceding the renewal date or an incapacitating medical infirmity documented by a licensed health care provider; or other extenuating circumstances deemed sufficient to grant the waiver or postponement.

Section 10.   RAD 5.05 (2) is amended to read:

  RAD 5.05 (2) A person licensee or permit holder who submits a request for a waiver or postponement prior to the renewal date under sub. (1) may renew the credential with the approval of the board's designee if the board is unable to reach a decision act on the request prior to the renewal date.

Section 11.   Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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(END OF TEXT OF RULE)

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