STATE OF WISCONSIN
RADIOGRAPHY EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : RADIOGRAPHY EXAMINING
RADIOGRAPHY EXAMINING BOARD : BOARD
: ADOPTING RULES
: (CLEARINGHOUSE RULE 21-006)
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ORDER
An order of the Radiography Examining Board to create ch. RAD 7, relating to requirements for license and permit renewal and reinstatement. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides that an examining board, such as the Radiography Examining Board, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains . . .” Section 440.08 (3) (b), Stats., provides authority for the Radiography Examining Board to promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements to restore the credential, in addition to the applicable requirements for renewal established under chs. 440 to 480, Stats., that the Board determines are necessary to protect the public health, safety, or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed to obtain an initial credential from the Board. Related statute or rule:
Chapter RAD 5 provides the continuing education requirements for renewal of a radiographer license and a limited x-ray machine operator permit. Plain language analysis:
The proposed rules specify requirements for late renewal of a radiographer license or limited x-ray machine operator permit and the requirements for reinstatement of a license or permit that has not been renewed within 5 years when the licensee or permit holder has unmet disciplinary requirements, or the license or permit has been denied at renewal, revoked, or surrendered.
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:
The Board held a public comment period and conducted a public hearing on July 29, 2020. The Board received written comments concerning the statement of scope from the following individuals:
—Sandra Helinski, RTR, QM, MR - Wisconsin Society of Radiologic Technologists Legislative Committee Chairperson
—Daniel Vander Meulen - Clinical Instructor, University of Wisconsin School of Radiologic Technology and President Elect, Wisconsin Society of Radiologic Technologists
Both individuals expressed support of the scope statement’s objective, which is to specify the requirements for renewal and reinstatement of a license as a radiographer or a limited x-ray machine operator permit, and recommended the requirements established by the Board reflect the qualifications for reinstatement of certification and registration in Article VI of the rules and regulations of the American Registry of Radiologic Technologists. The Board considered this recommendation when developing the proposed rule.
Both individuals also requested the Board to revise the statement of scope to include an expansion of the Board’s ability to request verification of a limited x-ray machine operator’s compliance with continuing education requirements. The Board’s authority to request verification of compliance with continuing education requirements is under s. RAD 5.04, which is based on the provisions of s. 440.035 (2), Stats. Therefore, the Board did not revise the scope statement as the Board does not have the statutory authority to amend the provisions of s. RAD 5.04. Comparison with rules in adjacent states:
Illinois:Rules of the Illinois Emergency Management Agency provide for accreditation in the practice of medical radiation technology in Illinois (32 Ill. Admin. Code 401). If an individual’s accreditation is not renewed, the credential holder has the right at any time to submit an application for renewal of accreditation. The application reviewed and processed in accordance with the requirements for timely renewal of an accreditation, except that an individual may not legally apply ionizing radiation to human beings until the Agency has acted to grant the application for renewal of accreditation [32 Ill. Admin. Code 401.140 c) 6)].
When an individual's accreditation is suspended, the individual must surrender the credential to the Agency until the termination of the suspension period [32 Ill. Admin. Code 401.120 d)]. An individual whose accreditation has been revoked may seek reinstatement of accreditation by filing a petition for reinstatement with the Agency. The petition may be filed one year or more after the beginning of the revocation period. The individual must be afforded a hearing in accordance with 32 Ill. Adm. Code 200 and bears the burden of proof of establishing that the accreditation should be reinstated due to rehabilitation or other just cause [32 Ill. Admin. Code 401.120 e)].
Iowa: 641 IAC 42 provides for permits to operate ionizing radiation producing machines or administer radioactive materials in Iowa. A permit expires if it is not timely renewed, and may be reinstated if all of the following are submitted:
—An application to reinstate and a nonrefundable application fee.
—Any continuing education hours due at time of renewal.
—Proof that all stipulations of any order of disciplinary or enforcement action have been satisfied.
If a permit is expired 6 months or more, all requirements for applying for an initial permit must be met.
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 operators of mammography machines (Mich Admin Code, R 333.5630) and CT machines (Mich Admin Code, R 325.5705).
Minnesota: Minn. Stat. 144.121, Subd. 5., provides the requirements for practicing as a limited x-ray machine operator. The statutes do not have any requirements for the licensure or credentialing of operators of x-ray machines.
Summary of factual data and analytical methodologies:
The proposed rules were developed by reviewing ss. 440.08 and 462.05, Stats., which provide requirements for renewal of a radiographer license and a limited x-ray machine operator permit, and the administrative rules concerning late renewal and reinstatement of a license that are administered by other licensing and credentialing boards. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
The proposed 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 is attached.
