SF 1267

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; providing public access to quality medical imaging procedures
and radiation therapy procedures; proposing coding for new law in Minnesota
Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.120] CONSUMER ASSURANCE OF RADIOLOGIC
EXCELLENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This act may be cited as the "Consumer Assurance of
Radiologic Excellence Act."
new text end

new text begin Subd. 2. new text end

new text begin State medical radiation licenses. new text end

new text begin Pursuant to United States Code, title
42, section 1396b, the commissioner of health shall implement the policies in paragraphs
(a) to (d).
new text end

new text begin (a) Subject to paragraphs (b) and (c), it is unlawful for an individual in the state
to intentionally administer or plan medical imaging procedures or radiation therapy
procedures to or for a patient for medical or chiropractic purposes unless the individual
has obtained a state license, certificate, or other document that authorizes the individual to
administer the procedures in the state, referred to in this section as a "medical radiation
license."
new text end

new text begin (b) Notwithstanding any other provision of law, the commissioner deems an
individual as holding a medical radiation license if the individual is licensed in the state as
a doctor of medicine, osteopathy, dentistry, podiatry, or chiropractic.
new text end

new text begin (c) The commissioner shall require an individual who administers or plans medical
imaging procedures or radiation therapy procedures to obtain a medical radiation license
unless:
new text end

new text begin (1) the individual exclusively performs medical ultrasound or echocardiography; or
new text end

new text begin (2) the individual is a student enrolled in an educational institution or program
that is accredited according to subdivision 3 and, as a student, intentionally administers
medical imaging procedures or radiation therapy procedures for medical or chiropractic
purposes under the supervision of an individual who holds a medical radiation license
obtained from the commissioner.
new text end

new text begin (d) The commissioner shall not provide a medical radiation license to an individual
unless the individual meets:
new text end

new text begin (1) the criteria established under subdivision 3 by the department; and
new text end

new text begin (2) additional criteria as the department may establish.
new text end

new text begin Subd. 3. new text end

new text begin Minimum licensing criteria. new text end

new text begin Not later than 18 months after the date
of the enactment of the federal Consumer Assurance of Radiologic Excellence Act,
the commissioner shall by rule adopt criteria that, for purposes of this subdivision,
establishes the minimum standards for an individual to obtain a medical radiation license
in compliance with federal regulations.
new text end

new text begin Subd. 4. new text end

new text begin Required standards. new text end

new text begin The commissioner shall ensure that standards under
subdivision 3 are in accordance with the following criteria. The standard shall:
new text end

new text begin (1) specify the educational requirements for an individual to obtain a medical
radiation license, including, if applicable, requirements regarding practical experience;
new text end

new text begin (2) provide that an educational requirement under clause (1) be provided by
an educational institution or program that is accredited by a nonprofit private entity
recognized by the commissioner for purposes of this section; and
new text end

new text begin (3) specify the criteria that an entity is required to meet in order to be recognized by
the commissioner as an accredited entity under clause (2). The criteria shall provide that an
entity will not be recognized unless the entity establishes accrediting criteria satisfactory
to the commissioner with respect to the quality of educational institutions and programs
in the areas of administrative policies and procedures, curricula, record keeping, faculty,
administrative support, and other areas as the commissioner determines to be appropriate.
new text end

new text begin Subd. 5. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meaning given.
new text end

new text begin (a) "Administer," with respect to medical imaging procedures or radiation therapy
procedures, means the act of directly exposing a patient to radiation via ionizing or RF
radiation for purposes of medical imaging or for purposes of radiation therapy; and the
act of positioning a patient to receive such an exposure.
new text end

new text begin (b) "Medical imaging procedure" means any procedure or article, excluding medical
ultrasound procedures or articles, intended for use in the diagnosis of disease or other
medical or chiropractic conditions in humans, including diagnostic x-rays, nuclear
medicine, and magnetic resonance procedures.
new text end

new text begin (c) "Medical radiation license" has the meaning indicated in subdivision 2, paragraph
(a).
new text end

new text begin (d) "Plan," with respect to medical imaging procedures or radiation therapy
procedures, means the act of preparing for the administering of such a procedure to a
patient by evaluating patient-specific or site-specific information, based on computer
analysis or direct measurement of dose, in order to customize the procedure for the patient
and verifying appropriate dose administrations.
new text end

new text begin (e) "Radiation therapy procedure" means any radiation procedure or article intended
for the cure, mitigation, or prevention of diseases or disorders in humans.
new text end