AB267: Bill Text

LRB-2543/1

CTS:nwn:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 267

May 12, 2009 - Introduced by Representatives Berceau, Benedict, Pasch, Van Roy, A. Ott, Barca, Turner, Hintz, Zepnick, Jorgensen, Staskunas, Mason, Lothian, Vruwink and Parisi, cosponsored by Senators Lehman, Taylor, Olsen, Risser, Robson, Darling and Coggs. Referred to Committee on Public Health.

AB267,1,5 An Act to amend 15.08 (1m) (b); and to create 15.405 (7e), 440.08 (2) (a) 39m., 440.08 (2) (a) 64g., 448.695 (3) and chapter 462 of the statutes; relating to: licenses and limited X-ray machine operator permits to engage in the practice of radiography, creating a radiography examining board, granting rule-making authority, and requiring the exercise of rule-making authority.

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), but the bill contains an exception for the quantitative assessment of bone mass using single or dual energy X-ray absorptiometry (bone densitometry). 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:

AB267, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

AB267,2,11 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, perfusionists examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the marriage and family therapy, professional counseling, and social work examining board, and the psychology examining board, and the radiography examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB267, s. 2 Section 2. 15.405 (7e) of the statutes is created to read:

AB267,3,3 15.405 (7e) Radiography examining board. There is created in the department of regulation and licensing a radiography examining board consisting of the following 7 members appointed for 4-year terms:

AB267,3,5 (a) Three members who practice radiography and who are licensed under s. 462.03 (2).

AB267,3,9 (b) One member who is a physician licensed under s. 448.04 (1) (a) and certified in radiology by the American Board of Radiology, the American Osteopathic Board of Radiology, the British Royal College of Radiologists, or the Royal College of Physicians and Surgeons of Canada.

AB267,3,11 (c) One member who is a radiologic physicist certified by the American Board of Radiology.

AB267,3,12 (d) Two public members.

AB267, s. 3 Section 3. 440.08 (2) (a) 39m. of the statutes is created to read:

AB267,3,15 440.08 (2) (a) 39m. Limited X-ray machine operator: September 1 of each even-numbered year.

AB267, s. 4 Section 4. 440.08 (2) (a) 64g. of the statutes is created to read:

AB267,3,18 440.08 (2) (a) 64g. Radiographer, licensed: September 1 of each even-numbered year.

AB267, s. 5 Section 5. 448.695 (3) of the statutes is created to read:

AB267,4,2 448.695 (3) The affiliated credentialing board shall promulgate rules specifying the requirements for a course of instruction related to X-ray examinations by persons under the direct supervision of a podiatrist under s. 462.02 (2) (f). In promulgating the rules, the affiliated credentialing board shall consult with the radiography examining board and shall examine laws and rules in other states. The affiliated credentialing board shall approve courses that meet the requirements set forth in the rules.

AB267, s. 6 Section 6. Chapter 462 of the statutes is created to read:

AB267,4,4 chapter 462

AB267,4,6 radiographers and limited x-ray machine operators

AB267,4,7 462.01 Definitions. In this chapter:

AB267,4,8 (1) "Board" means the radiography examining board.

AB267,4,10 (2) "Bone densitometry" means the quantitative assessment of bone mass using single or dual energy X-ray absorptiometry.

AB267,4,11 (3) "Department" means the department of regulation and licensing.

AB267,4,13 (4) "Physician" means a person licensed to practice medicine and surgery under s. 448.04 (1) (a) or (b).

AB267,4,19 (5) "Practice of radiography" means the imaging of anatomical structures, produced by the combined application of X-rays to the human body and the application of knowledge in the fields of anatomy, radiographic positioning, and radiographic technique, and knowledge of principles of radiation protection, for the purpose of medical diagnosis except that "practice of radiography" does not include bone densitometry.

AB267,4,23 462.02 Practice, use of title restricted. (1) (a) Subject to sub. (2), no person may use the title "radiographer," represent himself or herself as a radiographer, or engage in the practice of radiography, unless the person is granted a license under s. 462.03 (2).

AB267,5,3 (b) A person who holds a limited X-ray machine operator permit to perform radiography and who does not hold a license under s. 462.03 (2) may not perform radiography except as authorized under the permit. A limited X-ray machine operator permit shall authorize the holder to perform radiography of one or more of the following:

AB267,5,4 1. The thorax, lungs, and ribs.

AB267,5,6 2. The upper and lower extremities, including the pectoral girdle but excluding the hip and pelvis.

AB267,5,7 3. The foot, ankle, and lower leg below the knee.

AB267,5,8 4. The cervical, thoracic, and lumbar spine.

AB267,5,9 (2) Subsection (1) does not apply to any of the following:

AB267,5,10 (a) A physician.

AB267,5,13 (b) A person enrolled as a student in a radiography program approved by the board, if the person is directly supervised by a physician or a person licensed under s. 462.03 (2).

AB267,5,17 (c) A chiropractor licensed under s. 446.02 or a person under the direct supervision of such a chiropractor, if the person has successfully completed a course of instruction comprising at least 48 hours of instruction approved by the chiropractic examining board related to X-ray examinations.

AB267,5,19 (d) A dentist licensed under s. 447.04 (1), a dental hygienist licensed under s. 447.04 (2), or a person under the direct supervision of a dentist.

AB267,5,20 (e) A physician assistant licensed under s. 448.04 (1) (f).

AB267,5,24 (f) A podiatrist licensed under s. 448.63 or a person under the direct supervision of such a podiatrist, if the person has successfully completed a course of instruction approved by the podiatrists affiliated credentialing board related to X-ray examinations under s. 448.695 (3).