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 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 462 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, 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 1Section 1. 15.08 (1m) (b) of the statutes is amended to read:
AB267,2,112 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.
AB267, s. 2 12Section 2. 15.405 (7e) of the statutes is created to read:
AB267,3,3
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:
AB267,3,54 (a) Three members who practice radiography and who are licensed under s.
5462.03 (2).
AB267,3,96 (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 Radiologists, or the Royal College of
9Physicians and Surgeons of Canada.
AB267,3,1110 (c) One member who is a radiologic physicist certified by the American Board
11of Radiology.
AB267,3,1212 (d) Two public members.
AB267, s. 3 13Section 3. 440.08 (2) (a) 39m. of the statutes is created to read:
AB267,3,1514 440.08 (2) (a) 39m. Limited X-ray machine operator: September 1 of each
15even-numbered year.
AB267, s. 4 16Section 4. 440.08 (2) (a) 64g. of the statutes is created to read:
AB267,3,1817 440.08 (2) (a) 64g. Radiographer, licensed: September 1 of each
18even-numbered year.
AB267, s. 5 19Section 5. 448.695 (3) of the statutes is created to read:
AB267,4,220 448.695 (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. 462.02 (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.
AB267, s. 6 3Section 6. Chapter 462 of the statutes is created to read:
AB267,4,44 chapter 462
AB267,4,65 radiographers and limited x-ray
6 machine operators
AB267,4,7 7462.01 Definitions. In this chapter:
AB267,4,8 8(1) "Board" means the radiography examining board.
AB267,4,10 9(2) "Bone densitometry" means the quantitative assessment of bone mass
10using single or dual energy X-ray absorptiometry.
AB267,4,11 11(3) "Department" means the department of regulation and licensing.
AB267,4,13 12(4) "Physician" means a person licensed to practice medicine and surgery
13under s. 448.04 (1) (a) or (b).
AB267,4,19 14(5) "Practice of radiography" means the imaging of anatomical structures,
15produced by the combined application of X-rays to the human body and the
16application of knowledge in the fields of anatomy, radiographic positioning, and
17radiographic technique, and knowledge of principles of radiation protection, for the
18purpose of medical diagnosis except that "practice of radiography" does not include
19bone densitometry.
AB267,4,23 20462.02 Practice, use of title restricted. (1) (a) Subject to sub. (2), no person
21may use the title "radiographer," represent himself or herself as a radiographer, or
22engage in the practice of radiography, unless the person is granted a license under
23s. 462.03 (2).
AB267,5,324 (b) A person who holds a limited X-ray machine operator permit to perform
25radiography and who does not hold a license under s. 462.03 (2) may not perform

1radiography except as authorized under the permit. A limited X-ray machine
2operator permit shall authorize the holder to perform radiography of one or more of
3the following:
AB267,5,44 1. The thorax, lungs, and ribs.
AB267,5,65 2. The upper and lower extremities, including the pectoral girdle but excluding
6the hip and pelvis.
AB267,5,77 3. The foot, ankle, and lower leg below the knee.
AB267,5,88 4. The cervical, thoracic, and lumbar spine.
AB267,5,9 9(2) Subsection (1) does not apply to any of the following:
AB267,5,1010 (a) A physician.
AB267,5,1311 (b) A person enrolled as a student in a radiography program approved by the
12board, if the person is directly supervised by a physician or a person licensed under
13s. 462.03 (2).
AB267,5,1714 (c) A chiropractor licensed under s. 446.02 or a person under the direct
15supervision of such a chiropractor, if the person has successfully completed a course
16of instruction comprising at least 48 hours of instruction approved by the
17chiropractic examining board related to X-ray examinations.
AB267,5,1918 (d) A dentist licensed under s. 447.04 (1), a dental hygienist licensed under s.
19447.04 (2), or a person under the direct supervision of a dentist.
AB267,5,2020 (e) A physician assistant licensed under s. 448.04 (1) (f).
AB267,5,2421 (f) A podiatrist licensed under s. 448.63 or a person under the direct supervision
22of such a podiatrist, if the person has successfully completed a course of instruction
23approved by the podiatrists affiliated credentialing board related to X-ray
24examinations under s. 448.695 (3).
AB267,6,3
1462.03 Issuance of license, permit. (1) General requirements. The board
2may not grant a license or limited X-ray machine operator permit under this section
3to a person unless all of the following apply:
AB267,6,44 (a) The person is at least 18 years of age.
AB267,6,65 (b) The person holds a high school diploma or its equivalent, as determined by
6the board.
AB267,6,87 (c) The person pays the initial credential fee determined by the department
8under s. 440.03 (9) (a).
AB267,6,99 (d) The person submits an application on a form provided by the department.
AB267,6,1110 (e) Subject to ss. 111.321, 111.322, and 111.335, the person does not have an
11arrest or conviction record.
AB267,6,16 12(2) License. Subject to sub. (1), the board shall grant a license to practice
13radiography to a person who passes an examination administered by the board and
14submits evidence satisfactory to the board that the person has completed a course
15of study in radiography that has been approved by the board or an equivalent course
16of study, as determined by the board.
AB267,6,20 17(3) Permit. Subject to sub. (1), the board shall grant a limited X-ray machine
18operator permit to perform radiography to a person who passes an examination
19administered by the board and submits evidence satisfactory to the board that the
20person has completed an appropriate course of study, as determined by the board.
AB267,7,2 21462.04 Prescription or order required. A person who holds a license or
22limited X-ray machine operator permit under this chapter may not use diagnostic
23X-ray equipment on humans for diagnostic purposes unless authorized to do so by
24prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
25under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed

1under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), or a
2physician assistant licensed under s. 448.04 (1) (f).
AB267,7,7 3462.05 Renewal of license, permit. (1) The renewal date for licenses and
4limited X-ray machine operator permits granted under this chapter is specified in
5s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a
6form provided by the department and shall include the renewal fee determined by
7the department under s. 440.03 (9) (a).
AB267,7,11 8(2) (a) A radiographer or limited X-ray machine operator is not eligible for
9renewal of a license or permit under sub. (1) unless the radiographer or limited X-ray
10machine operator has complied with the continuing education requirements
11established by the board under s. 462.06 (1) (c).
AB267,7,1412 (b) Paragraph (a) does not apply to a radiographer or limited X-ray machine
13operator if the radiographer or limited X-ray machine operator is applying for
14renewal for the first time.
AB267,7,16 15462.06 Rule making. (1) The board shall promulgate rules that do all of the
16following:
AB267,7,1917 (a) Establish standards for courses of study in radiography. The standards
18shall be no less stringent than the standards adopted by the Joint Review Committee
19on Education in Radiologic Technology or a successor organization.
AB267,8,520 (b) Establish standards for examinations under s. 462.03 (2) and (3).
21Notwithstanding s. 462.03 (2) and (3), the rules may permit a person to satisfy the
22examination requirement by providing the board with evidence satisfactory to the
23board that the person holds a current registration by the American Registry of
24Radiologic Technologists or a successor organization or is currently licensed to
25practice radiography in another state with examination standards at least as

1stringent as those promulgated by the board under this paragraph. The board may
2adopt a limited scope radiography examination administered by the American
3Registry of Radiologic Technologists, a successor organization, or other recognized
4national voluntary credentialing body, if the examination standards are at least as
5stringent as those adopted by the board under this paragraph.
AB267,8,126 (c) Establish continuing education standards for renewal of licenses and
7limited X-ray machine operator permits issued under this chapter. The standards
8adopted under this paragraph may recognize current certification by the American
9Registry of Radiologic Technologists or a successor organization as evidence of
10compliance with the continuing education standards established under this
11paragraph, if the continuing education requirements for such certification are no less
12stringent than those adopted by the board under this paragraph.
AB267,8,14 13(2) The board may promulgate rules that establish a code of ethics for persons
14who hold a license or limited X-ray machine operator permit under s. 462.03.
AB267,8,17 15462.07 Discipline. (1) Subject to the rules promulgated under s. 440.03 (1),
16the board may conduct investigations and hearings to determine whether a person
17has violated this chapter or a rule promulgated under this chapter.
AB267,8,21 18(2) Subject to the rules promulgated under s. 440.03 (1), if a person who applies
19for or holds a license or limited X-ray machine operator permit under s. 462.03 does
20any of the following, the board may reprimand the person or deny, limit, suspend, or
21revoke the person's license or permit:
AB267,8,2322 (a) Makes a material misstatement in an application for a license or permit
23under s. 462.03 or an application for renewal of a license or permit.
AB267,9,3
1(b) Violates any law of this state or federal law that substantially relates to the
2practice of radiography, violates this chapter, or violates a rule promulgated under
3this chapter, including a provision of a code of ethics promulgated under s. 462.06 (2).
AB267,9,54 (c) Materially assists a person who does not hold a license or permit under s.
5462.03 to engage in the practice of radiography.
AB267,9,66 (d) Advertises, practices, or attempts to practice under another person's name.
AB267,9,77 (e) Engages in unprofessional conduct, as defined by the board by rule.
AB267,9,108 (f) Subject to ss. 111.321, 111.322, and 111.335, is arrested for or convicted of
9an offense the circumstances of which substantially relate to the practice of
10radiology.
AB267, s. 7 11Section 7. Nonstatutory provisions.
AB267,9,1812 (1) Examining board, initial terms. Notwithstanding the length of terms
13specified for the members of the radiography examining board under section 15.405
14(7e) of the statutes, as created by this act, 2 of the initial members shall be appointed
15for terms expiring on May 1, 2011, 2 of the initial members shall be appointed for
16terms expiring on May 1, 2012, 2 of the initial members shall be appointed for terms
17expiring on May 1, 2013, and the remaining initial member shall be appointed for
18a term expiring on May 1, 2014.
AB267,9,2419 (2) Examining board; initial radiographer members. Notwithstanding section
2015.405 (7e) (a) of the statutes, as created by this act, the initial members appointed
21to the radiography examining board under section 15.405 (7e) (a) of the statutes, as
22created by this act, may be persons who are engaged in the practice of radiography,
23as defined in section 462.01 (4) of the statutes, as created by this act, and who are
24not licensed under section 462.03 (2) of the statutes, as created by this act.
AB267,9,2525 (3) Transitional license or permit.
AB267,10,3
1(a) Notwithstanding section 462.03 of the statutes, as created by this act, the
2radiography examining board shall grant a license to practice radiography to a
3person who does all of the following:
AB267,10,5 41. Satisfies the requirements specified in section 462.03 (1) of the statutes, as
5created by this act.
AB267,10,9 62. Presents evidence satisfactory to the board that the person has been engaged
7in the practice of radiography, as defined in section 462.01 (4) of the statutes, as
8created by this act, for at least 3 of the 5 years immediately preceding the date of
9application.
AB267,10,10 103. Passes an examination administered by the board.
AB267,10,1311 (b) Notwithstanding section 462.03 of the statutes, as created by this act, the
12radiography examining board shall grant a limited X-ray machine operator permit
13to a person who does all of the following:
AB267,10,15 141. Satisfies the requirements specified in section 462.03 (1) of the statutes, as
15created by this act.
AB267,10,19 162. Presents evidence satisfactory to the board that the person has been engaged
17performing radiography on a limited basis as described in section 462.02 (1) (b) of the
18statutes, as created by this act, for at least 3 of the 5 years immediately preceding
19the date of application.
AB267,10,20 203. Passes an examination administered by the board.
AB267,10,2221 (c) This subsection does not apply after the first day of the 25th month
22beginning after the effective date of this paragraph.
AB267,11,623 (4) Renewal; initial credential holders. Notwithstanding section 440.08 (2)
24(a) 39m. and 64g. of the statutes, as created by this act, an individual who is granted
25a license or permit under subsection (3 ) (a) or (b) or under section 462.03 (2) or (3)

1of the statutes, as created by this act, on or after March 1, 2012, and before September
21, 2012, is not required to renew the license or permit until September 1, 2014.
3Notwithstanding section 462.05 (2) (b) of the statutes, as created by this act, such an
4individual is not eligible for renewal for the first time unless the individual has
5complied with the continuing education standards established by the radiography
6examining board under section 462.06 (1) (c) of the statutes, as created by this act.
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