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BOARD OF RADIOLOGIC TECHNOLOGY
Rules Relating to the Profession
Part 1. General Information
1.1 The Board's Purpose
1.2 Business Address
1.3 Board Members and Officers
1.4 Regular, Special and Emergency Meetings
1.5 Laws That Govern the Board
1.6 Board Rules
1.7 Special Equipment
Part 2. Information for Applicants
2.1 Need For A License
2.2 Penalty and Enforcement
2.3 Where To Request an Application
2.4 How To Get A License
2.5 Licenses
2.6 Your Right To A Written Decision
2.7 Your Right To Appeal
Part 3. Information for Licensed Radiological Technologists
3.1 Renewing Your License
3.2 Professional Standards
3.3 Accessibility and Confidentiality of Information
Part 4. Competency Requirements of Certain Licensed Practitioners
4.1 Who is Governed Under this Statute
4.2 Standards and Requirements
4.3 Renewal of Competency Endorsement
4.4 Penalty and Enforcement
Part 5. Complaint Procedure
5.1 Initiating A Complaint
5.2 Confidentiality and Appeals
Part 6. Continuing Education
6.1 Continuing Education
6.2 Guidelines For Continuing Education Credit Courses
6.3 Failure to Meet Continuing Education Requirement
6.4 Effective Date of Continuing Education Requirement
Part 1. General Information
1.1 The Board's Purpose
The State Board of Radiologic Technology (the Board) has been created and
given powers by Vermont law in Chapter 51, Title 26, of the Vermont Statutes
Annotated. The Board's purpose is to protect the public health, safety, and
welfare. The Board does this by setting standards for issuing licenses,
licensing only qualified applicants, and regulating practices of license holders
in the practice of radiography, nuclear medicine technology, and radiation
therapy technology. The Board establishes suitable performance standards
concerning competency requirements of certain licensed practitioners as defined
by statute.
1.2 Business Address
The Board's business address is
the Office of the Secretary of State, Office of Professional Regulation,
Montpelier, Vermont 05609-1106 (telephone 802-828-2363) ("the
Office"). You can get copies of these rules and more information about the
Board and its requirements and procedures by contacting the Office.
1.3
Board Members and Officers
The Board is made up as follows: 2 members;
consumers not associated with the radiologic field. 1 member; radiologist
certified by the American Board of Radiology. 1 member; physician, not a
radiologist, who utilizes x-ray equipment in the normal course of his or her
practice. 2 members; licensees under this chapter. 1 member; radiation
specialist associated with the Vermont Department of Health. Board members are
appointed by the Governor for a three year term. The Board once a year elects a
chairperson and a secretary to serve until their successors are elected. You may
obtain a list of the names and addresses of Board members and officers from the
Office. The duties of the officers are: Chairperson: Calls Board meetings;
presides at Board meetings; signs all certificates, vouchers and other official
Board papers; gives the public and all Board members notice of Board meetings
and other Board activities. Secretary: Supervises preparation of the Board's
correspondence; supervises the taking of the minutes of meetings; certifies
transcripts of Board proceedings; may sign all certificates. The secretary
presides in the absence of the chairperson.
1.4 Regular, Special and
Emergency Meetings
The Board must hold at least one regular meeting a
year. The chairperson or two members may call a special or emergency meeting if
it is necessary. A majority of the members of the Board shall be a quorum for
transacting business. All action shall be upon a majority vote of the members
present and voting.
1.5 Laws That Govern the Board
The Board is
governed by a specific state law that establishes its responsibilities for
setting standards, issuing licenses, and regulating the profession. The law is
set forth in 26 VSA §§ 2801-2832. In addition, the Board is obligated
to comply with several other state laws such as the Administrative Procedure Act
3 VSA §§ 801-849), the "Law of Professional Regulation" (3
VSA §§ 121-131), the "Right To Know Law" (1 VSA §§
312-314), and the "Access To Public Records Law" (1 VSA §§
315-320). These laws spell out your rights as an applicant, license holder, or
member of the public. You can get a written summary of your rights from the
Office. If you want to read the complete text of any of these laws, contact your
town clerk or library. Most have copies of the Vermont Statutes Annotated.
1.6 Board Rules
The Board's rules have the effect of law and
govern its proceedings. In making rules, the Board must follow the
Administrative Procedure Act. The provisions of the Act dealing with rulemaking
are in 3 VSA §§ 801-808 and 817-849. The Office helps the Board comply
with the Act. The Board reviews its rules periodically and revises them as
needed.
1.7 Special Equipment
You may not use special equipment
to apply ionizing radiation to humans unless you hold a general radiography
license. General radiography involves the application of ionizing radiation to
humans from an external source of radiation to produce radiographs or to collect
data by any means. Special equipment includes, but is not limited to, equipment
used in mammography, computed axial tomography, and computer-assisted low
radiation energy studies (for example, dual photon densitometers).
Part
2. Information for Applicants
2.1 Need for a License
You are not
allowed to practice radiologic technology in Vermont unless you are currently
licensed. You may not intentionally apply ionizing radiation to humans; give a
radioactive substance to a human being for diagnostic purposes or perform
associated imaging procedures; or apply ionizing radiation to human beings for
therapeutic purposes unless you are licensed or exempt. Exempt are doctors of
medicine, osteopathy, chiropody, dentistry, podiatry or chiropractors; employees
of the United States; certified dental hygienists; certain registered dental
assistants; students under supervision of licensed practitioners or under
supervision of licensed radiologic technologists. Medical physicians,
osteopathic physicians, and chiropractors must satisfy the Board of their
competency to apply ionizing radiation to human beings.
2.2 Penalty and
Enforcement
You may be fined up to $1,000 or imprisoned for up to 30
days or both if you do not comply with the law governing the practice of
radiologic technology, 26 V.S.A. §§ 2801-2832. The Attorney General or
a State's Attorney may bring a civil action to restrain continuing violations of
the law. You may also be assessed a civil penalty of not more than $1,000 if you
practice radiologic technology without authority.
2.3 Where to Request
an Application
If you would like an application for a license or more
information about the application process, you should call or write the Office.
(See Rule 1.2 for the Board's business address and telephone number.)
2.4 How to get a License
Here are the things that you must
do: (1) Meet the qualifications. You must have reached the age of majority
(18 years), have completed preliminary education equivalent to at least four
years of high school and in addition.
For GENERAL RADIOGRAPHY License,
have graduated from a radiology training program offered by a school of
radiologic technology approved by the Board and have passed an examination
offered by the Board or have obtained private certification from the American
Registry of Radiologic Technologists (ARRT).
For LIMITED RADIOGRAPHY
License, have passed an examination approved by the Board. To be eligible to
take the examination approved by the Board, you must either have completed a
course of training which is approved by the Board and which includes a final
examination or, for each endorsement, have completed 160 hours of practical,
documented, verifiable on-the-job radiologic technology training satisfactory to
the Board and directly and personally supervised by a licensed radiologic
technologist, radiologist, or licensed practitioner who has demonstrated
competency to the Board. You must contact the Board for information about
minimum training requirements satisfactory to the Board. The limited license
shall be endorsed for chest radiography only, for extremity radiography only, or
for both.
For NUCLEAR MEDICINE License, have graduated from a nuclear
medicine technology program offered by a school approved by the Board and have
passed an examination offered by the Board or have obtained private
certification from the ARRT or the Nuclear Medicine Technologist Certification
Board (NMTCB).
For RADIATION THERAPY License, have graduated from a
radiation therapy training program offered by a school of radiologic technology
approved by the Board and have passed an examination offered by the Board or
have obtained private certification from the ARRT.
(2) Show a valid
license from another state. The Board shall license applicants who are otherwise
qualified and licensed under the laws of another state or country whose
requirements the Board deems to be substantially equal to those of Vermont.
(3) Complete your application and send it with the required fee. Make
out a check payable to the Vermont Secretary of State. Mail the application and
your check to: Vermont Board of Radiologic Technology Office of the Secretary of
State Office of Professional Regulation 109 State Street Montpelier, Vermont
05609-1106
Call or write the Office for an application.
(4) A
temporary permit shall be issued to an applicant for a general radiography,
nuclear medicine, or radiation therapy license who meets all the qualifications
except passage of a required examination. This permit shall be valid until the
next examination is given, corrected, and acted upon by the Board. If the
applicant passes, a regular license will be issued. If he or she fails, the
temporary permit shall be withdrawn. A graduate of an approved program of
radiologic technology who fails the examination may have his or her temporary
permit renewed or reissued no more than two consecutive times to permit the
applicant to take the next two scheduled examinations. An applicant who
thereafter fails an examination shall not be granted a temporary permit.
(5) Take the written examination. We will give the examination at least
twice a year at a time and place set well in advance. For information on
scheduling, write or call the Office. You must submit a completed application to
the Board at least 90 days before the examination.
(6) Oral and/or
Practical Examinations may also be required as determined by the Board.
(7) Receive notification. We will send you the results of your
examination promptly. You have a right to discuss the results with us.
(8) Retake the Examination. If you fail the examination, you
may take a second examination within the next twelve months but you must
resubmit your application and the required fee.
2.5 Licenses
The
Board will issue you a license to practice radiologic technology in one or more
of the three fields if you meet all of the Board's requirements. You must
display your license or licenses conspicuously in your principal place of
practice.
2.6 Your Right to a Written Decision
The Board must
make all decisions on whether you are granted or denied a license. If the Board
denies you a license, the Board must give you its specific reasons in writing.
2.7 Your Right to Appeal
If you are not satisfied with the
Board's decision, within 30 days of the date that you are issued a notice of
denial of an application for a license, you may file a petition with the Board
for a review of its preliminary decision. At the hearing, the burden shall be on
you to show that a license should be issued. After the hearing, the Board shall
affirm or reverse its preliminary denial.
If you are not satisfied with the
Board's decision, you may appeal to the Director of the Office of Professional
Regulation. You must make this appeal within 30 days of receiving the Board's
decision. If the Board denies you a license, the Board must also inform you of
your right to appeal its decision to the Director. You may obtain information
about the appeal process from the Office.
Part 3. Information for
Licensed Radiologic Technologists
3.1 Renewing Your License
You must renew your
license every two years and pay a renewal fee. The Office will mail you a
renewal application at least 30 days prior to the required renewal date.
You are responsible for notifying the Office promptly if you change your
name or address. If you have moved without giving the Office your new address,
you may not receive a renewal application. It is still your responsibility to
renew on time.
If you do not renew your license by the expiration date, it will
expire automatically. To have your license reinstated after it has expired, you
must apply to the Board for approval and pay the required fee.
3.2
Professional Standards
The Board may refuse to issue or
renew your license, may suspend or revoke your license, or may initiate other
disciplinary actions for unprofessional conduct which in general involves:
(1) Fraud or deceit in obtaining a license.
(2) Gross
negligence, incompetency, or misconduct.
(3) Violation of the Board's
rules and regulations.
Specific grounds for unprofessional conduct are
set forth in 26 V.S.A. § 2831.
The Board shall accept oral and
written complaints from any source. The Board may initiate action in any
complaint against a licensee and may act without having received a complaint.
The burden of proof shall be on the State to show by a preponderance
of the evidence that the licensee has engaged in unprofessional conduct.
3.3 Accessibility and Confidentiality of Information
(1) All meetings and hearings of the Board shall be open to the public
unless excepted under the provisions of 1 V.S.A. §§ 312-313.
(2) The Office shall maintain a register of all complaints, which shall
be a public record and which shall show with respect to all complaints, the date
and nature of the complaint, but not including the identity of the licensee, and
a summary of the Board's completed investigation. If disciplinary charges are
filed, the record shall show the name and business addresses of the licensee and
complainant, the formal charges served, the findings, conclusions, and order of
the Board, the transcript of the hearing, if one was made, and exhibits admitted
at the hearing, a copy of the stipulations approved by the Board, and final
disposition of the matter by the appellate officer or the courts.
(3) Any licensee may
inspect all information in possession of the Board pertaining to himself or
herself with exception of investigatory files which have not resulted in charges
of unprofessional conduct and attorney work product.
Part 4. Competency
Requirements of Certain Licensed Practitioners
4.1 Who is Governed Under
this Statute
Notwithstanding the exemptions contained in 26 V.S.A.
§ 2803, no physician, osteopathic physician, or chiropractor shall apply
ionizing radiation to human beings for diagnostic or therapeutic purposes
without first having satisfied the Board of his or her competency to do so. This
section does not apply to radiologists who are certified or eligible for
certification by the American Board of Radiology.
4.2 Standards and
Requirements
All
persons as defined in Section 4.1 shall be subject to the following standards
and requirements.
A. All users shall complete a program of radiography
self-study determined by the Board. This shall include but not be limited to the
generation of x rays and gamma rays and their interaction with matter,
principles of radiography, shielding and film processing. This self-study
program shall be completed at initial licensing and shall be repeated at
intervals to be determined by the Board.
B. Users who make plain
radiographs shall do the following:
1. File an Annual Report on forms
provided by the Board, which shall include the following:
a. type and age of
the film screen systems and frequency of cleaning
b. technique charts
c.
repeat rate including the leading 3 causes
d. type of equipment and date of
most recent inspection or calibration
e. method of processing
1)
automatic processor
a) type
b) age
c) frequency of cleaning
2)
hand processing
a) frequency of change of chemicals
f. annual number of
exams and types of exams
g. names and license numbers of all persons
applying ionizing radiation
2. A Board inspector shall inspect premises
as the Board deems necessary to conduct a competency evaluation. The inspection
shall include but not be limited to the following:
a. Quality Control
Evaluation
1) random film evaluation for
a) collimation
b) film
blackening
c) positioning
d) appropriate patient shielding
e)
processing
2) review of method of documentation of Last Menstrual Period
(LMP)
3) mock positioning and exposure
b. report of equipment type,
including film/screen combinations
c. report on evaluation of processor
chemicals and cleanliness or chemicals if manual processing technique
3.
Radiologist Quality Control check of films selected randomly by date for:
a.
diagnostic quality of film
b. quality control
1) collimation
2)
processing
3) appropriate patient shielding
C. Fluoroscopy users shall
do the following:
1. Complete a course of instruction or demonstrate to a
qualified expert or his or her qualified designee the appropriate use of
fluoroscopy equipment enabling optimum equipment use at the least possible
patient exposure. Upon completion of such course or documentation, a notarized
statement of course completion shall be sent to the Board. This documentation
shall be updated at time intervals to be determined by the Board.
a. in the
hospital setting, the hospital administrator or his or her qualified designee
shall provide documentation
b. in an office setting, a qualified radiologist
or radiologic technologist shall provide documentation
2. keep a log of
procedures and fluoro times for each procedure
3. file an Annual Report on
forms provided by the Board, which shall include:
a. tube outputs and type
of unit
b. types of exams
c. date of most recent inspection and
calibration
d. type of patient shielding
e. documentation of LMP's
f. number of procedures performed annually
4. Visitation
by a Board inspector shall occur periodically as the Board deems necessary and
shall include but not be limited to the following:
a. quality control
evaluation including but not limited to appropriate selection of kilovoltage
(KV), milliamperage (MA), time, collimation, shielding, selection of source to
image distance, mock positioning and equipment
b. evaluation of radiographic
films as per section B2 above
c. evaluation of fluoro time logs,
procedures performed
4.3 Renewal of Competency Endorsement
You must
renew your competency endorsement under 26 V.S.A. § 2804 every two years
and pay a renewal fee. The Office will mail you a renewal application at least
30 days prior to the required renewal date.
You are responsible for
notifying the Office promptly if you change your name or address. If you have
moved without giving the Office your new address, you may not receive a renewal
application. It is still your responsibility to renew on time.
If you do not
renew your competency endorsement by the expiration date, it will expire
automatically. To have your competency endorsement reinstated after it has
expired, you must apply to the Board for approval and pay the required fee.
4.4 Penalty and Enforcement
You may be fined up to $1,000.00 or
imprisoned for up to 30 days or both if you do not comply with this statute. The
Attorney General or a State's Attorney may bring civil action to restrain
continuing violations of the law.
Part 5. Complaint Procedure
5.1 Initiating a Complaint
The Board follows the current
complaint procedure recommended by the Office of Professional Regulation. You
may obtain a copy of the complaint procedure by contacting the Office.
5.2 Confidentiality and Appeals
A.
Confidentiality; Access to Documents
The Board follows the
confidentiality provisions of the Law of Professional Regulation, 3 V.S.A.
§ 131. All identifying information regarding complaints remains
confidential until disciplinary charges are filed.
B. Appeals
A party aggrieved by a final decision of the Board may, within 30
days of the decision, appeal that decision by filing a notice of appeal with the
Director of the Office of Professional Regulation. Information about the appeal
process may be obtained from the Office.
Part 6. Continuing Education
6.1 Continuing Education Standard
All persons licensed by the
Board to practice radiologic technology, including persons holding limited
radiography licenses, must earn a minimum of 24 hours of continuing education
credits during a two-year period and must report these credits at the time of
license renewal. Persons holding more than one license issued by the Board are
not required to obtain more than the minimum 24 credit hours during a two-year
period.
6.2 Guidelines For Continuing Education Credit Courses
The 24 credit hours earned during
each two-year period must be obtained from educational activities which follow
the guidelines for acceptable course content as described by the American
Registry of Radiologic Technologists (ARRT). The American Society of Radiologic
Technologists (ASRT/ECE), the Society of Nuclear Medicine Technologists
(SNM-TS/VOICE), the Society of Diagnostic Medical Sonographers (SDMS), and the
Vermont Society of Radiologic Technologists (VSRT) are acceptable, recognized
continuing education evaluation mechanisms (RCEEM) from which to receive course
approval. Credits will be accepted at the rate of one credit per 50 to 60
minutes of instruction. Educational activities of 30 to 49 minutes' duration
will be accepted as one-half of a continuing education credit. Activities
lasting less than 30 minutes will receive no credit.
At least 50 percent
of the continuing education credits earned during each two-year period must be
assigned Category A credit as defined by the ARRT. The remaining 50 percent may
be assigned Category A or Category B credit as defined by the ARRT.
The
distinction between Category A and Category B activities is based upon whether
the activity has been reviewed and pre-approved by an RCEEM. Category A
activities have been pre-approved by an RCEEM. Category B activities have not
been pre-approved by an RCEEM. Activities which a licensee intends to use for
Category B credits must satisfy the ARRT's definition as a continuing education
activity even though they have not been submitted to an RCEEM for approval.
The Board will recognize examination exemptions as defined by the ARRT
as satisfying continuing education requirements for the two-year period at
issue.
At the time of license renewal, each licensee must certify on the
renewal form that he or she is currently complying with the continuing education
requirements as set forth in these rules. Each licensee must successfully
complete 24 credit hours of continuing education within a two-year period which
will begin with the licensee's birth month and end 24 months later. Licensees
who do not follow the birth-month biennium may follow the Board's May license
renewal biennium. During any biennial renewal period, the Board may randomly
audit not more than 20 percent of licensees to ensure compliance with continuing
education rules.
A licensee who is audited will be notified in
writing by the Board and will be required to produce written documentation
showing successful completion of 24 hours of continuing education during the
two-year period at issue.
6.3 Failure to Meet Continuing Education
Requirement
A licensee who fails to comply with the continuing education
requirement may be subject to investigation and possible charges of
unprofessional conduct under 26 V.S.A. §2831 (b)(4) (failing to comply with
provisions of federal or state statutes or rules governing the profession).
6.4 Effective Date of Continuing Education Requirement
The reporting of
continuing education credits required under this part will begin with the 1997
license renewal period. This means beginning with the licensee's birth month of
1995, the licensee then has 24 months to accrue the 24 continuing education
credits. Any licensee granted a license during any given two-year period will
begin to accrue credits in the next full two-year period.
Effective: January 20, 1995
Adopted: January 3, 1995
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