§ 2801. Definitions
As used in this chapter:
(1) "Board" means the board of radiologic technology.
(2) "Practice of radiologic technology" means the practice of:
(A) radiography; or
(B) nuclear medicine technology; or
(C) radiation therapy.
(3) "Practice of radiography" means the direct application of ionizing radiation to human beings.
(4) "Practice of nuclear medicine technology" means the act of giving a radioactive substance to a human being or the act of performing associated imaging procedures, or both.
(5) "Practice of radiation therapy" means the direct application of ionizing radiation to human beings for therapeutic purposes or the act of performing associated imaging procedures, or both.
(6) "Licensed practitioner" means a person licensed under this title to practice medicine, osteopathy, dentistry, podiatry, naturopathic medicine, or chiropractic.
(7) "Financial interest" means being:
(A) a licensed practitioner of radiologic technology; or
(B) a person who deals in goods and services which are uniquely related to the practice of radiologic technology; or
(C) a person who has invested anything of value in a business which provides radiologic technology services.
(8) "Unauthorized practice" means conduct prohibited by section 2802 of this title and not exempted by section 2803 of this title.
(9) "Direct personal supervision" means that the person being supervised remains in the physical presence of the supervisor at all times.
(10) "General supervision" means that the supervisor is readily available for consultation or intervention on the premises where radiologic technology services are being provided.
(11) "ARRT" means the American Registry of Radiologic Technologists.
(12) "NMTCB" means the Nuclear Medicine Technologist Certification Board. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 40; 1999, No. 52, § 15; 2011, No. 116 (Adj. Sess.), § 38.)
§ 2802. Prohititions
(b) No person shall practice radiologic technology unless he or she is licensed in accordance with the provisions of this chapter.
(c) No person shall practice radiography without a license for radiography from the board unless exempt under section 2803 of this title.
(e) No person shall practice nuclear medicine technology without a license for that purpose from the board unless exempt under section 2803 of this title.
(f) No person shall practice radiation therapy technology without a license for that purpose from the board unless exempt under section 2803 of this title. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 41; 1999, No. 52, § 16; 2011, No. 116 (Adj. Sess.), § 39.)
§ 2803. Exemptions
The prohibitions in section 2802 of this chapter shall not apply to dentists licensed under chapter 12 of this title and actions within their scope of practice nor to:
(1) Licensed practitioners acting within the scope of practice for their licensed field, provided that their practice acts and rules adopted thereunder make provisions for radiation safety and proper radiation practices determined in consultation with the board.
(2) Students of medicine, dentistry, podiatry, naturopathic medicine, or chiropractic when participating in a program approved or recognized by the board of medical practice, dentistry, or chiropractic, as appropriate, and when under the supervision of an instructor who is a licensed practitioner and when acting within the scope of practice for that licensed practitioner's field.
(3) Students in an approved school of radiologic technology under the supervision of a licensed practitioner or licensed radiologic technologist.
(4) Any person acting as an employee of the United States.
(5) Any of the following when operating dental radiographic equipment to conduct intraoral radiographic examinations under the general supervision of a licensed practitioner; and, any of the following when operating dental radiographic equipment to conduct specialized radiographic examinations including tomographic, cephalometric, or temporomandibular joint examinations, if the person has completed a course in radiography approved by the board of dental examiners and practices under the general supervision of a licensed practitioner:
(A) a certified dental hygienist;
(B) a registered dental assistant who has completed a course in radiography approved by the board of dental examiners; or
(C) a student of dental hygiene or dental assisting as part of the training program when directly supervised by a dentist, certified dental hygienist, or a registered dental assistant.
(6) Licensees certified in one of the three primary modalities set forth in section 2821a of this chapter preparing for postprimary certification in accordance with ARRT or NMTCB under the direct personal supervision of a licensee already certified in the specific postprimary modality at issue.
(7) Researchers operating bone densitometry equipment for body composition upon successful completion of courses on body composition and radiation safety approved by the board. The board shall not require this coursework to exceed eight hours. The board may consider other exemptions from licensure for bona fide research projects subject to course and examination requirements as deemed necessary for public protection. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 42; 1999, No. 52, § 17; 2011, No. 116 (Adj. Sess.), § 40.)
§ 2804. Competency requirements of certain licensed practitioners
Unless the requirements of subdivision 2803(1) of this title have been satisfied, no physician, as defined in chapter 23 of this title, podiatrist, as defined in chapter 7 of this title, osteopathic physician, as defined in chapter 33 of this title, naturopathic physician, as defined in chapter 81 of this title, or chiropractor, as defined in chapter 10 of this title, shall apply ionizing radiation to human beings without first having satisfied the board of his or her competency to do so. The board shall consult with the appropriate licensing boards concerning suitable performance standards. The board shall, by rule, provide for periodic recertification of competency. A person subject to the provisions of this section shall be subject to the fees established under subdivisions 2814(4) and (5) of this title. This section does not apply to radiologists who are certified or eligible for certification by the American Board of Radiology. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 19
91, No. 167 (Adj. Sess.), § 43; 1995, No. 171 (Adj. Sess.), § 5; 1999, No. 52, § 18; 1999, No. 133 (Adj. Sess.), § 20; 2011, No. 116 (Adj. Sess.), § 41.)
§ 2805. Penalty and enforcement
A person found guilty of violating section 2802 or 2804 of this title shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1983, No. 230 (Adj. Sess.), § 1; amended 2007, No. 29, § 38.)
§ 2811. Board of radiologic technology
(a) A board of radiologic technology is created, consisting of six members. The board shall be attached to the office of professional regulation.
(b) One member of the board shall be a member of the public who has no financial interest in radiologic technology other than as a consumer or possible consumer of its services. The public member shall have no financial interest personally or through a spouse.
(c) One member of the board shall be a radiologist certified by the American Board of Radiology.
(d) Three members of the board shall be licensed under this chapter, one representing each of the three following primary modalities: radiography; nuclear medicine technology; and radiation therapy.
(e) One member of the board shall be a representative from the radiological health program of the Vermont department of health.
(f) Board members shall be appointed by the governor. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4; 1991, No. 167 (Adj. Sess.), § 44; 1997, No. 40, § 32; 2001, No. 151 (Adj. Sess.), § 26, eff. June 27, 2002; 2011, No. 116 (Adj. Sess.), § 42.)
§ 2812. Powers and duties
(a) The board shall adopt rules necessary for the performance of its duties, including:
(1) a definition of the practice of radiologic technology, interpreting section 2801 of this title;
(2) qualifications for obtaining licensure, interpreting section 2821 of this chapter;
(3) explanations of appeal and other significant rights given to applicants and the public;
(4) procedures for disciplinary and reinstatement cases;
(6) procedures for mandatory reporting of unsafe radiologic conditions or practices;
(7) procedures for continued competency evaluation;
(8) procedures for radiation safety;
(9) procedures for competency standards for license applications and renewals.
(b) The board shall:
(2) Use the administrative and legal services provided by the office of professional regulation under 3 V.S.A. chapter 5.
(3) Investigate suspected unprofessional conduct.
(4) Periodically determine whether a sufficient supply of good quality radiologic technology services is available in Vermont at a competitive and reasonable price; and take suitable action, within the scope of its powers, to solve or bring public and professional attention to any problem which it finds in this area.
(5) As a condition of renewal require that a licensee establish that he or she has completed a minimum of 24 hours of continuing education as approved by the board.
(c) The board may:
(1) Refer cases of apparent improper radiologic technology practice to any occupational board with authority over the person concerned.
(2) Investigate suspected cases of unauthorized practice of radiologic technology, and refer any such case to the attorney general or a state's attorney for possible prosecution and injunctive relief.
(3) Conduct hearings.
(4) Administer oaths and issue subpoenas.
(5) Issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced in the same manner as a subpoena.
(6) Adopt rules relating to the procedures to be followed in handling complaints and conducting hearings under this chapter.
(7) Receive assistance from the attorney general or other state agencies, so long as the assistance is not contrary to any other state law.
(8) Conduct a competency evaluation where radiographic services are performed by licensees and licensed practitioners required to demonstrate competency under section 2804 of this title to insure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose. The fee required under section 2814 of this title shall not be assessed more than once in any two-year period against any licensed practitioner evaluated under this subdivision. The director of the office of professional regulation may contract with the department of health or others to perform evaluations under this subsection. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4; 1991, No. 167 (Adj. Sess.) § 45; 1993, No. 108 (Adj. Sess.), § 12; 1999, No. 52, §§ 19, 20; 2011, No. 116 (Adj. Sess.), § 43.)
§ 2813. Board procedures
(a) Annually, the board shall meet to elect a chairperson and a secretary.
(b) Meetings may be called by the chairperson and shall be called upon the request of any other two members.
(c) Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5.
(d) A majority of the members of the board shall be a quorum for transacting business.
(e) All action shall be taken upon a majority vote of the members present and voting, unless otherwise provided in 1 V.S.A. chapter 5.
(f) The provisions of the Vermont Administrative Procedure Act relating to contested cases shall apply to proceedings under this chapter.
(g) Fees for the service of process and attendance before the board shall be the same as the fees paid sheriffs and witnesses in superior court. (Added 1983, No. 230 (Adj. Sess.), § 1.)
§ 2814. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application for primary licensure $ 100.00 (2) Biennial renewal (A) Renewal of a single primary license $ 110.00 (B) Renewal of each additional primary license $ 15.00 (3) Initial competency endorsement under section 2804 of this title $ 100.00 (4) Biennial renewal of competency endorsement under section 2804 of this title $ 110.00 (5) Evaluation $ 125.00
(Added 1983, No. 230 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 65; 1991, No. 167 (Adj. Sess.), § 46; 1997, No. 59, § 60, eff. June 30, 1997; 1999, No. 49, § 180; 2001, No. 143 (Adj. Sess.), § 29, eff. June 21, 2002; 2011, No. 66, § 9, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 44.)
§ 2821. Repealed. 2011, No. 116 (Adj. Sess.), § 45.
§ 2821a. License for primary modalities; common requirements
The board shall recognize and follow the ARRT and the NMTCB primary certification process. The board shall issue a license to practice in one of the following three primary modalities to any person who in addition to the other requirements of this section, has reached the age of majority and has completed preliminary education equivalent to at least four years of high school:
(1) Radiography. The board shall issue a radiography license to any person who, in addition to meeting the general requirements of this section:
(A) has graduated from a radiologic technology training program offered by a school of radiologic technology approved by ARRT; and
(B) has obtained primary certification in radiography from ARRT.
(2) Nuclear medicine technology. The board shall issue a nuclear medicine technology license to any person who, in addition to meeting the general requirements of this section:
(A) has graduated from a nuclear medicine technology program offered by a school of nuclear medicine technology approved by ARRT or NMTCB; and
(B) has obtained primary certification in nuclear medicine technology from ARRT or NMTCB.
(3) Radiation therapy. The board shall issue a radiation therapy license to any person who, in addition to meeting the general requirements of this section:
(A) has graduated from a radiation therapy training program offered by a school of radiologic technology approved by ARRT; and
(B) has obtained primary certification in radiation therapy from the ARRT. (Added 2011, No. 116 (Adj. Sess.), § 47.)
§ 2821b. License for postprimary modalities
(a) The board recognizes and follows the ARRT postprimary certification process for the following postprimary practice categories: mammography, computed tomography ("CT"), cardiac-interventional radiography, and vascular-interventional radiography.
Subsection (b) effective May 31, 2015; see effective date note set out below.
(b) In order for a licensee who has obtained one of the three primary ARRT or NMTCB certifications set forth in section 2821a of this subchapter to practice in one of the postprimary modalities set forth in subsection (a) of this section, the licensee must first obtain postprimary certification from ARRT for that category, except:
(1) a person with a primary license in radiation therapy may perform CT for treatment simulation; and
(2) a person with a primary license in nuclear medicine technology may perform CT for attenuation correction on hybrid imaging equipment, such as PET/CT and SPECT/CT scanners.
(c) In order to practice bone densitometry or apply ionizing radiation using bone densitometry equipment, a primary certification and license in radiography is required, with the exception that individuals who perform quantitative computed tomography ("QCT") bone densitometry must obtain postprimary certification in CT in addition to primary certification. (Added 2011, No. 116 (Adj. Sess.), § 48.)
§ 2822. Procedure for denial of license
When the board intends to deny an application for license, it shall send the applicant written notice of its decision by certified mail. The notice shall include a statement of the reasons for the action. Within 30 days of the date that an applicant receives such notice, the applicant may file a petition with the board for review of its preliminary decision. At the hearing, the burden shall be on the applicant to show that a license should be issued. After the hearing, the board shall affirm or reverse its preliminary denial. (Added 1983, No. 230 (Adj. Sess.), § 1.)
§ 2823. Renewal and procedure for nonrenewal
(a) Each radiographer, nuclear medicine technologist, and radiation therapist licensed to practice by the board shall apply biennially for the renewal of a license. One month prior to the renewal date, the office of professional regulation shall send to each of those licensees a license renewal application form and a notice of the date on which the existing license will expire. The licensee shall file the application for license renewal and pay a renewal fee. In order to be eligible for renewal, an applicant shall document completion of no fewer than 24 hours of board-approved continuing education. Required accumulation of continuing education hours shall begin on the first day of the first full biennial licensing period following initial licensure.
(b) A person who practices radiography, nuclear medicine technology, or radiation therapy and who fails to renew a license or registration or fails to pay the fees required by this chapter shall be an illegal practitioner and shall forfeit the right to practice until reinstated by the board.
(c) The board shall adopt rules setting forth qualifications for reinstating lapsed licenses. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 2011, No. 116 (Adj. Sess.), § 49.)
§§ 2824Repealed. 1999, No. 52, § 46.
§ 2825. Repealed. 2011, No. 116 (Adj. Sess.), § 50.
§ 2825a. Licensure by endorsement
The board may grant a license to an applicant who possesses a license in good standing in another state and possesses the applicable ARRT or NMTCB primary and postprimary certifications as set forth in sections 2821a and 2821b of this subchapter, respectively. (Added 2011, No. 116 (Adj. Sess.), § 51.)
§ 2831. Unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether or not taken by a license holder.
(b) Conduct by a radiologic technologist which evidences moral unfitness to practice the profession constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license.
(c) Unprofessional conduct includes the following actions by a licensee:
(1) practicing or offering to practice beyond the scope permitted by law;
(2) accepting and performing responsibilities which the licensee knows or has reason to know that he or she is not competent to perform;
(3) making any material misrepresentation in the practice of the profession, whether by commission or omission;
(4) agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the board. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1997, No. 145 (Adj. Sess.), § 49.)
§ 2832. Discipline of licensees
(a) The board shall accept oral and written complaints from any member of the public, any licensee, any state or federal agency, or the attorney general. The board may initiate disciplinary action in any complaint against a licensee and may act without having received a complaint.
(b) 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.
(c) After hearing and upon a finding of unprofessional conduct, the board may:
(1) revoke a license;
(2) suspend a license; or
(3) issue a warning to a licensee.
(d) Before or after hearing, the board may approve a negotiated agreement between the parties when it is in the best interest of the public health, safety, or welfare to do so. Such an agreement may include, without limitation, any of the following conditions or restrictions which may be in addition to or in lieu of suspension:
(1) a requirement that a licensee submit to care or counseling;
(2) a restriction that a licensee practice only under supervision of a named person or a person with specified credentials;
(3) a requirement that a licensee participate in continuing education in order to overcome specified practical deficiencies;
(4) a requirement that the scope of practice permitted be restricted to a specified extent. Such an agreement may be modified by the parties after obtaining the approval of the board.
(e) An interested party may petition the board for modification of the terms of an order under this section.
(f) Where a license has been revoked, the board may reinstate the license on terms and conditions it deems proper. (Added 1983, No. 230 (Adj. Sess.), § 1.)
§ 2833. Repealed. 1989, No. 250 (Adj. Sess.), § 92.