STATE OF WISCONSIN
RADIOGRAPHY EXAMINING BOARD
IN THE MATTER OF RULEMAKING : PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE : RADIOGRAPHY EXAMINING
RADIOGRAPHY EXAMINING : BOARD
BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Radiography Examining Board to create RAD 1.02 (3m), (13e), (13m), (13s), (15m), and (17) and 4.02 (3) and (4) relating to Definitions and Scope of Practice.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides that each examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.” Section 227.11 (2) (a), Stats., provides that “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the
agency considers it necessary to effectuate the purpose of the statute, but a rule is not
valid if the rule exceeds the bounds of correct interpretation.”
Section 462.06 (2), Stats.: “The board may promulgate rules that establish a code of ethics for persons who hold a license or limited X-ray machine operator permit under s. 462.03.” Related statute or rule:
None.
Plain language analysis:
The objective of the proposed rule is to clarify and add detail to the regulations on when a radiographer license is required for the use of various medical imaging technologies. Chapter RAD 1, Wis. Admin. Code, contains definitions for the radiography code, and chapter RAD 4 contains regulations on scope of practice for radiographers and limited X-ray machine operators. The proposed rule creates new definitions in chapter RAD 1 for various medical imaging technologies and technical terms in the field. In chapter RAD 4, the proposed rule creates new regulations that clarify and add detail to the state’s licensing requirements for the use of computed tomography and nuclear medicine. Performing the aspects of computed tomography which involve applying x-rays to patients requires a radiographer license. Performing nuclear medicine does not require a radiographer license if x-rays are applied only for the purpose of attenuation correction. A radiographer license is required if x-rays are applied for a purpose other than attenuation correction. Summary of, and comparison with, existing or proposed federal regulation:
None.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
None.
Comparison with rules in adjacent states:
Illinois:
Rules of the Illinois Emergency Management Agency provide for credentialling in the use of medical radiation technology in Illinois [32 Ill. Admin. Code 401]. These rules require the credentialling of any person who applies ionizing radiation to humans or who otherwise uses medical radiation technology, unless specifically exempted by their statutes and rules. This is a broad requirement and includes the disciplines of medical
radiography, nuclear medicine technology, radiation therapy technology, and chiropractic radiography. Their code is extremely comprehensive on this topic and provides definitions and regulations on these medical roles and many more. It also provides definitions and regulations on the different types of medical imaging technologies. Applicants can be credentialled in one or more of the following categories: Medical Radiography, Nuclear Medicine Technology, Radiation Therapy Technology, Chiropractic Radiography, Limited Diagnostic Radiography, Radiologist Assistant, and Nuclear Medicine Advanced Associate.
Iowa:
641 IAC 42 requires credentialling of individuals who operate or use ionizing radiation producing machines or administer radioactive materials on or to human patients or human research subjects for diagnostic or therapeutic purposes. The code does provide exemptions for licensed medical practitioners. Similar to Illinois, the code provides definitions for the various related medical imaging technologies and medical roles, such as computed tomography, nuclear medicine procedure, nuclear medicine technologist, PET/CT, radiation therapist, and others. It provides comprehensive regulations for licensees in the following categories: general radiologic technologist, general nuclear medicine technologist, radiation therapist, radiologist assistant, limited radiologic technologist, and X-ray equipment operator, and others.
