1.1 	A bill for an act
1.2 	relating to occupations and professions; modifying provisions for individuals 
1.3 	operating x-ray equipment;amending Minnesota Statutes 2006, section 144.121, 
1.4 	subdivision 5, by adding subdivisions.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 144.121, subdivision 5, is amended to read:
1.7 		Subd. 5.Examination for individual operating x-ray equipment. After January 
1.8 	1, 1997, an individual in a facility with x-ray equipment for use on humans that is 
1.9 	registered under subdivision 1 may not operate, nor may the facility allow the individual 
1.10 	to operate, x-ray equipment unless the individual has passed an examination approved 
1.11 	by the commissioner of health, or an examination determined to the satisfaction of the 
1.12 	commissioner of health to be an equivalent national, state, or regional examination, 
1.13 	that demonstrates the individual's knowledge of basic radiation safety, proper use of 
1.14 	x-ray equipment, darkroom and film processing, and quality assurance procedures. The 
1.15 	commissioner shall establish by rule criteria for the approval of examinations required 
1.16 	for an individual operating an x-ray machine in Minnesota (a) After January 1, 2008, an 
1.17 	individual in a facility with x-ray equipment for use on humans that is registered under 
1.18 	subdivision 1 may not operate, nor may the facility allow the individual to operate, 
1.19 	x-ray equipment unless the individual has passed a national examination determined 
1.20 	to the satisfaction of the commissioner of health. The commissioner shall establish by 
1.21 	rule criteria for the approval of examinations based on national standards, such as the 
1.22 	examination in radiography from the American Registry of Radiologic Technologists, the 
1.23 	examination for limited scope of practice in radiography from the American Registry 
1.24 	of Radiologic Technologists for limited x-ray machine operators, and the American 
2.1 	Registry of Chiropractic Radiography Technologists for limited radiography in spines and 
2.2 	extremities; or equivalent examinations approved by other states. Equivalent examinations 
2.3 	are to be determined by the commissioner, and must be consistent with the standards 
2.4 	for educational and psychological testing as recommended by the American Education 
2.5 	Research Association, the American Psychological Association, the National Council 
2.6 	on Measurement in Education, or the National Commission for Certifying Agencies. 
2.7 	Any costs incurred in determining the extent to which examinations meet the examining 
2.8 	standards of this subdivision shall be paid by the individual or organization proposing the 
2.9 	use of such examination. The commissioner shall issue a certificate to examinees who 
2.10 	pass an approved examination.
2.11 	(b) Individuals who have met current regulations to operate x-ray equipment prior to 
2.12 	January 1, 2008, in a facility with x-ray equipment for use on humans that is registered 
2.13 	under subdivision 1, shall not be required to take a national examination as required in 
2.14 	paragraph (a).

2.15 	Sec. 2. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 
2.16 	to read:
2.17 		Subd. 5a.Limited x-ray machine operator examination. The examination for 
2.18 	limited x-ray machine operators shall include, but not be limited to:
2.19 	(1) Radiation protection, equipment maintenance and operation, image production 
2.20 	and evaluation, patient care and management; and
2.21 	(2) At least one of the following regions of the human anatomy: chest, extremities, 
2.22 	skull and sinus, spine, or ankle and foot. These examinations would include the anatomy 
2.23 	of, and position for, the specific regions.

2.24 	Sec. 3. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 
2.25 	to read:
2.26 		Subd. 5b.Limited x-ray machine operator practice. A limited x-ray operator 
2.27 	may practice medical radiography on limited regions of the human anatomy for which 
2.28 	they have successfully passed an examination outlined in subdivision 5a. The operator 
2.29 	may practice using only routine radiographic procedures, for the interpretation by and 
2.30 	under the direction of a licensed practitioner, excluding computed tomography, the use of 
2.31 	contrast media, and the use of fluoroscopic or mammographic equipment.

2.32 	Sec. 4. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 
2.33 	to read:
3.1 		Subd. 5c.Exemptions. X-ray machine operators who have met current regulations 
3.2 	promulgated by the commissioner prior to January 1, 2008, are exempt from the 
3.3 	requirements of subdivisions 5 to 5e, but must meet the continuing education requirements 
3.4 	provided in subdivision 5f. Subdivisions 5 to 5f of this section do not apply to dental 
3.5 	hygienists, registered dental assistants, certified registered nurse anesthetists, physicians 
3.6 	assistants, and individuals that are licensed in the state of Minnesota to practice medicine, 
3.7 	osteopathy, chiropractics, podiatry, and dentistry.

3.8 	Sec. 5. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 
3.9 	to read:
3.10 		Subd. 5d.Procedures. The commissioner shall promulgate by rule procedures 
3.11 	to be followed for examinations.

3.12 	Sec. 6. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 
3.13 	to read:
3.14 		Subd. 5e.Variance of scope of practice. The commissioner may grant a variance 
3.15 	according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of 
3.16 	practice of an x-ray operator in cases where the delivery of health care would otherwise be 
3.17 	compromised if a variance were not granted. The request for a variance must be in writing, 
3.18 	state the circumstances that constitute hardship, state the period of time the facility wishes 
3.19 	to have the variance for the scope of practice in place, and state the alternative measures 
3.20 	that will be taken if the variance is granted. The commissioner shall set forth in writing 
3.21 	the reasons for granting or denying the variance. Variances granted by the commissioner 
3.22 	specify in writing the time limitation and required alternative measures to be taken 
3.23 	by the facility. A request for the variance shall be denied if the commissioner finds the 
3.24 	circumstances stated by the facility do not support a claim of hardship, the requested time 
3.25 	period for the variance is unreasonable, the alternative measures proposed by the facility 
3.26 	are not equivalent to the scope of practice, or the request for the variance is not submitted 
3.27 	to the commissioner in a timely manner.

3.28 	Sec. 7. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 
3.29 	to read:
3.30 		Subd. 5f.Continuing education requirements. The commissioner shall approve 
3.31 	continuing education programs for limited x-ray operators that offer x-ray specific courses, 
3.32 	including, but not limited to, courses offered online.  A limited x-ray operator shall 
3.33 	complete four hours of continuing education during every two-year period and pay a $20 
4.1 	fee every two years in order to remain certified.  The first two-year period ends January 
4.2 	1, 2010.  A limited x-ray operator who is out of compliance shall be given three months 
4.3 	to comply with this subdivision.  After that three-month period, an individual who is out 
4.4 	of compliance shall be required to take an examination, as provided in subdivision 5, 
4.5 	in order to be recertified.

4.6 	Sec. 8. EFFECTIVE DATE.
 4.7 	Sections 1 to 7 are effective January 1, 2008.