BILL NUMBER: AB 1092 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Mullin
FEBRUARY 27, 2015
An act to add Article 5.7 (commencing with Section
107120) to Chapter 4 of Part 1 of Division 104 of the Health and
Safety Code, relating to public health Chapter 3.5 (co
mmencing with Section 1400) to Division 2 of the Business
and Professions Code, relating to magnetic resonance imaging
technologists .
LEGISLATIVE COUNSEL'S DIGEST
AB 1092, as amended, Mullin. Magnetic resonance imaging
technologists.
Existing law provides for the licensure and regulation of various
healing arts practitioners by boards within the Department of
Consumer Affairs. Existing law also provides for the certification
and regulation of radiologic technologists by the State Department of
Public Health.
This bill would provide for the registration of magnetic resonance
imaging (MRI) technologists, as defined, with the State Department
of Public Health. The bill would authorize the department to issue a
citation and civil penalty to a person acting as an MRI technologist
without being registered. The bill would require the department to
maintain an official roster of registered MRI technologists, and
would authorize the department to impose fees on a registrant in an
amount reasonably sufficient to cover the administrative costs of the
registration program.
Existing law provides for the certification and regulation of
radiologic technologists by the State Department of Public Health.
Existing law authorizes the department to adopt regulations to
implement those provisions, as specified. Existing law authorizes the
department to charge a fee for a certificate issued under those
provisions. Existing law requires a fee collected under those
provisions to be deposited into the Radiation Control Fund, subject
to appropriation by the Legislature. A violation of those provisions
is a crime.
This bill would provide for the licensure of Magnetic Resonance
Imaging (MRI) technologists and would make it a misdemeanor to
operate a magnetic resonance imaging machine in this state without a
license, except as provided. The bill would authorize a person
licensed pursuant to these provisions to use the title Licensed MRI
Technologist (LMRIT) and would make it a misdemeanor to use that
title without a license. By creating new crimes, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3.5 (commencing with Section
1400) is added to Division 2 of the Business and
Professions Code , to read:
CHAPTER 3.5. MAGNETIC RESONANCE IMAGING TECHNOLOGISTS
1400. For purposes of this chapter, the following definitions
apply:
(a) "Department" means the State Department of Public Health.
(b) "MRI" means magnetic resonance imaging.
(c) "MRI technologist" means a person who operates MRI equipment
to produce cross-sectional images of a patient's body for diagnostic
purposes.
1401. A person shall not hold himself or herself out as an MRI
technologist without registering with the department pursuant to this
chapter.
1402. (a) The department shall maintain an official roster of
registered MRI technologists, and shall record all of the following
information:
(1) The location, employer, and supervisor of each MRI
technologist.
(2) A description of the practice of each MRI technologist,
including the services provided.
(3) Any certification possessed by the MRI technologist, if
applicable.
(b) The department may impose a fee for the registration of an MRI
technologist in an amount that is no greater than the amount
reasonably sufficient to cover the administrative costs of the
registration program.
1403. A registered MRI technologist shall report to the
department any accident, within 30 days of its occurrence, that
resulted in injury or death to a patient, damage to the property of a
patient, or damage to the MRI equipment.
1404. The department may issue a citation to a person if he or
she is acting in the capacity of, or engaging in the practice of, an
MRI technologist without being registered with the department. The
citation shall contain an order of abatement and an assessment of a
civil penalty in an amount not less than two hundred dollars ($200)
nor more than one thousand dollars ($1,000).
1405. This chapter does not authorize an MRI technologist to
practice medicine, surgery, or any other form of healing.
SECTION 1. Article 5.7 (commencing with Section
107120) is added to Chapter 4 of Part 1 of Division 104 of the
Health and Safety Code, to read:
Article 5.7. Magnetic Resonance Imaging Technologists
107120. (a) A person shall not operate a magnetic resonance
imaging machine in this state without a license issued pursuant to
this article. Violation of this provision is a misdemeanor.
(b) This section does not apply to any of the following:
(1) A licentiate of the healing arts.
(2) Students in an approved school for MRI technologists or other
licentiates of the healing arts where the instructor is a licensed
MRI technologist.
(3) A person employed by an agency of the United States government
while performing the duties of that employment.
107121. For purposes of this article, the following definitions
shall apply:
(a) "Department" means the State Department of Public Health.
(b) "MRI" means magnetic resonance imaging.
(c) "MRI technologist" means a person who operates MRI equipment
to produce cross sectional images of a patient's body for diagnostic
purposes.
107122. (a) The department shall license a person as an MRI
technologist who fulfills all of the following requirements:
(1) Completes and turns in to the department an application for
licensure on a form prescribed by the department.
(2) Pays the fee required for licensure as specified in
subdivision (c).
(3) Is certified by either the American Registry of Magnetic
Resonance Imaging Technologists (ARMRIT) or the American Registry of
Radiologic Technologists - MRI specialty (ARRT).
(b) A license as an MRI technologist is effective for one year and
may be renewed annually pursuant to a process prescribed by the
department.
(c) The department shall set a fee for initial licensure and
renewal of an MRI technologist license at an amount no greater than
the amount reasonably sufficient to cover the administrative costs of
the licensing program.
107123. A person licensed pursuant to this article may use the
title Licensed MRI Technologist (LMRIT). Any other person using that
designation shall be guilty of a misdemeanor.
107124. A license as an MRI technologist may be denied, revoked,
or suspended by the department for any of the following reasons:
(a) Habitual intemperance in the use of alcoholic beverages,
narcotics, or stimulants to the extent that the person is
incapacitated for the performance of his or her professional duties.
(b) Incompetence or gross negligence in performing MRI
technologist functions.
(c) Conviction of practicing one of the healing arts without a
license in violation of Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code.
(d) Procuring a license by fraud, misrepresentation, or mistake.
(e) Use of the title of Licensed MRI Technologist by one not
entitled to that use.
(f) Nonpayment of fees pursuant to subdivision (c) of Section
107122.
(g) (1) Conviction, either within the state or elsewhere, of a
misdemeanor or felony involving moral turpitude, that was committed
during the performance of MRI technologist duties. A plea or verdict
of guilty or a conviction following a plea of nolo contendere made to
a charge is deemed a conviction for this purpose.
(2) Upon the recommendation, of either the court that imposed or
suspended sentence or the parole or probation authority having
jurisdiction of the person, that the person has responded to the
correctional and rehabilitative process to a degree that might
warrant waiver of the provisions of this subdivision, the department
may, at its discretion, take no action pursuant to this subdivision.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.