Section 4 of the proposed rule amends to allow other acceptable continuing education activities including employer in-service training, other professional organizations' programs, college or university course work and courses offered by any provider authorized by the International Association for Continuing Education and Training. Prior approval is not required for activities related to professional development or practice completed during the renewal period.
Comparison with existing or proposed federal regulations
None.
Comparison with similar rules in adjacent states
Illinois:
Illinois includes ethics as an approved content area, but no hour requirement is imposed.
http://www.ilga.gov/
commission/jcrar/admincode/077/07703000sections.html.
Iowa:
Michigan:
Michigan has no requirements for continuing education.
Minnesota:
Summary of factual data and analytical methodologies
No study resulting in the collection of factual data, other than a review of surrounding states, was used relating to this rule. The primary methodology for revising the rule is based on the Board's collective experience and determination that a change is necessary.
Analysis and supporting documents used to determine effect on small business
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Effect on Small Business
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Small business regulatory coordinator
The Department's Regulatory Review Coordinator may be contacted by email at
John.Murray@wisconsin.gov, or by calling (608) 266-8608.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Sharon Henes, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 116, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2377; email at
sharon.henes@wisconsin.gov.
Notice of Hearing
Regulation and Licensing
Radiography Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Radiography Examining Board in sections 15.08 (5) (b), 227.11 (2), 462.06, Stats, and interpreting Chapter
262, Stats, the Radiography Examining Board will hold a public hearing at the time and place indicated below to consider an order to create Chapters
RAD 1,
RAD 2,
RAD 3,
RAD 4,
RAD 5 and
RAD 6 relating to standards for courses of study, examinations, continuing education, and a code of ethics for the newly created radiographer license and limited x-ray machine operator permit.
Hearing Information
Date and Time Location
May 10, 2011 Room 121C
Tuesday 1400 East Washington Avenue
at 9:15 A.M. Madison, WI 53703
Appearances at the Hearing and Submittal of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708, or by email to
sharon.henes@wisconsin.gov. Written comments must be received by 9:15 a.m. on
May 10, 2011, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Sharon Henes, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
sharon.henes@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statute(s) interpreted
Statutory authority
Explanation of agency authority
Under
2009 Act 106, codified at s.
462.06, Stats., the Radiography Examining Board (RAD) is authorized to promulgate rules which establish the standards for courses of study, examinations, continuing education, and a code of ethics for the newly created radiographer license and limited x-ray machine operator permit (LXMO), and to effectuate the purpose of the statute.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
SECTION 1 creates ch.
RAD 1, entitled “Authority and Definitions."
Section
RAD 1.01 identifies the statutory authority under which chapters RAD 1 to 6 are adopted.
Section
RAD 1.02 defines the terms used in chapters RAD 1 to 6 applicable to the credentialing and practice of radiographers and limited x-ray machine operators.
SECTION 2 creates ch.
RAD 2, entitled “Requirements for Radiographer License"
Section
2.01 establishes the criteria for issuance of a license to practice as a radiographer.
Section
2.02 establishes the standards for an approved course of study.
Section
2.03 establishes the standard for examination required for licensure.
Both Section
2.02 and
2.03 provide that active certification by the American Registry of Radiologic Technologists (ARRT) is deemed to satisfy the educational and examination requirements for licensure in the proposed rules.
Section
2.04 contains the requirements for issuance of license by endorsement to persons who holds a radiography credential in another jurisdiction.
Section
2.05 provides the basis for denial of an application for licensure.
Note: Although the non-statutory provisions of
2009 Act 106 creates a transitional period for the issuance of a radiographer license, the educational qualifications of the national examination provider, ARRT, effectively preclude the board from offering a license under the non-statutory terms of the act. The ARRT requires that a person shall complete an approved course of study in radiography to be eligible to take the ARRT radiographer examination, as well as sets the passing score, and defines the reexamination options available to examinees. Unlike the limited scope machine operator examination for which eligibility can be determined by each state under the state laws, the board cannot waive the completion of an approved course of study for the ARRT radiographer examination.
SECTION 3 creates ch.
RAD 3, entitled “Requirements for Limited X-Ray Machine Operator (LXMO) Permit".
Section
3.01 establishes the criteria for issuance of a permit to practice as a LXMO.
Section
3.02 establishes the standards for an approved course of study for a permit.
Section
3.03 establishes the standards for examination.
Section
3.04 establishes the Board's authority to determine the passing grade for the examination.
Section
3.05 limits the number of reexamination attempts allowed within a 12 month period.
Section
3.06 establishes the requirements for issuance of a permit during the non-statutory transitional period. During the “transitional" period a person may receive a LXMO permit without completing a formal course of study if the person has been engaged in the limited scope practice of radiography for at least 3 of the 5 years immediately preceding the application. A person who applies for a permit during the transitional period shall successfully pass the required examination. Beginning on April 1, 2012, a person who applies for a LXMO permit shall be required to complete both the required course of study and pass the board-approved limited scope examination in order to receive the credential.
Section
3.07 provides the basis for denial of an application for a permit.
SECTION 4 creates ch.
RAD 4, entitled “Scope of Practice."
Section
4.01 establishes the scope and standards of practice for a licensed radiographer based upon nationally recognized and accredited sources.
Section
4.02 establishes the scope and standards of practice for a LXMO permit holder based upon nationally recognized and accredited sources.
SECTION 5 creates ch.
RAD 5, entitled “Continuing Education."
Section
5.01 establishes the continuing education requirements for renewal of a license or permit.
Section
5.02 provides the method for verifying compliance with the continuing education requirements.
Section
5.03 defines those who are recognized providers of continuing education deemed acceptable to the board.
Section
5.04 establishes the recordkeeping requirements for continuing education hours.
Section
5.05 establishes the random audit process for verifying continuing education compliance.
Section
5.06 provides for a waiver or postponement of the continuing education requirements on the basis of a hardship and defines the meaning of hardship.
SECTION 6 creates ch.
RAD 6, entitled “Unprofessional Conduct."
Section
6.01 establishes a code of ethics for persons who practice radiography with a license or permit issued under this chapter. The rules of unprofessional conduct list 16 separate acts or behavior which may result in disciplinary action by the board.
Comparison with existing or proposed federal regulations
There is no existing or proposed federal regulation that addresses licensure and activities to be regulated by the rule. Existing federal laws are pertinent to the accreditation standards for radiography programs.
Comparison with similar rules in adjacent states
The comparison information with the rules in adjacent states was obtained directly from a review of the following statutes and rules.
Iowa:
641 Iowa Admin. Code 42 specifies the training requirements for diagnostic radiographers, limited diagnostic radiographers and limited in-hospital diagnostic radiographers. Iowa requires satisfactory completion of an agency approved training program, satisfactory completion of an agency-approved examination and submission of the appropriate fee. 641 Iowa Admin. Code 42.2(1). To renew, licensees must submit an annual renewal application which includes specified fees and completion of continuing education requirements. 641 Iowa Admin Code 42.2(4). Iowa requires successful completion of a Joint Review Committee on Education in a Radiologic Technology approved course of study, certification by the American Registry of Radiologic Technologists (ARRT) or the American Registry of Clinical Radiography Technologists, or an equivalent agency-approved training course to prepare students to demonstrate competency in various areas including radiation protection of patients and workers, technique and quality control to achieve diagnostic objectives with minimum patient exposure, and patient care. See 641 Iowa Admin. Code 42.3(1). The Iowa Department of Public Health contracts with the American Registry of Radiography Technologists for the certification examination. Individuals who have passed the general radiography examination with the ARRT meet testing requirements. Limited diagnostic radiographers must also complete an approved course of study and pass the limited scope examination. Radiographers must have 24 clock hours of continuing education during a two-year period. One hour must be in radiation protection. Limited diagnostic radiographers and limited in-hospital diagnostic radiographers must have 12 clock hours, with one hour in radiation protection. 641 Iowa Admin. Code 42.2(3).
http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/641.42.pdf
Illinois:
32 Illinois Admin. Code 401 accredits persons in the practice of medical radiation technology by requiring minimum standards for preparatory education and experience as well as examination and continuing education requirements. Illinois recognizes both active status accreditation and temporary accreditation for medical radiography. Active accreditation applies to individuals who have passed an examination; temporary accreditation applies to persons who have completed an approved program in radiography. Individuals who seek active or temporary accreditation in medical radiography must pass the certification examination of the American Registry of Radiology Technologists. See s.
401.70. Renewal of medical radiography accreditation requires 24 continuing education credits. See Ill Admin. Code 401.140(b). CE requirements may be met by engaging in activity approved by the agency, including approved post-secondary courses relevant to radiology science and/or patient care, advanced life support or instructor/instructor trainer certification, or an advanced level exam approved or acceptable to ARRT. An individual may not legally perform medical radiation technology without valid accreditation or without express approval of the Agency. Technologists seeking renewal are required to attest they acquired the necessary number of continuing education credits and the agency may perform an audit in which the individual is asked to provide documentation of continuing education. Illinois assesses civil penalties against those who perform medical radiation procedures without valid accreditation. Illinois' rules closely follow the draft model rules of the Conference of Radiation Control Program Directors.
http://www.state.il.us/iema/legal/pdf/32_401.pdf
Minnesota:
In Minnesota, human use x-ray operator minimum requirements are set forth in Minn. Stat. 144.121 – X-Ray Machines; Other Sources of Ionizing Radiation. The Minnesota Department of Health requires initial site specific training and additional training if there is a change to a registrant's quality assurance program. An individual in a facility with registered x-ray equipment may not operate the equipment unless the individual passes a national examination approved by the commissioner of health. The criteria for approval of examinations are based on national standards, such as the examination in radiography from the ARRT and the examination from the ARRT for limited x-ray machine operators. A limited x-ray operator is anyone who is not a radiologic technologist registered by the ARRT. Under Minn. Stat. 144.121 (5a), a limited x-ray operator may only practice medical radiography on limited regions of the human anatomy for which the operator has successfully passed an examination. The Minnesota statutes and administrative rules do not have educational, renewal or continuing education requirements for diagnostic medical radiographers or limited x-ray machine operators.
https://www.revisor.mn.gov/statutes/?id=144.121
