SF 445

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to occupations and professions; modifying provisions for individuals
operating x-ray equipment; amending Minnesota Statutes 2006, section 144.121,
subdivision 5, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2006, section 144.121, subdivision 5, is amended to read:

Subd. 5.

Examination for individual operating x-ray equipment.

deleted text begin After January
1, 1997, an individual in a facility with x-ray equipment for use on humans that is
registered under subdivision 1 may not operate, nor may the facility allow the individual
to operate, x-ray equipment unless the individual has passed an examination approved
by the commissioner of health, or an examination determined to the satisfaction of the
commissioner of health to be an equivalent national, state, or regional examination,
that demonstrates the individual's knowledge of basic radiation safety, proper use of
x-ray equipment, darkroom and film processing, and quality assurance procedures. The
commissioner shall establish by rule criteria for the approval of examinations required
for an individual operating an x-ray machine in Minnesota deleted text end new text begin (a) After January 1, 2008, an
individual in a facility with x-ray equipment for use on humans that is registered under
subdivision 1 may not operate, nor may the facility allow the individual to operate,
x-ray equipment unless the individual has passed a national examination determined
to the satisfaction of the commissioner of health. The commissioner shall establish by
rule criteria for the approval of examinations based on national standards, such as the
examination in radiography from the American Registry of Radiologic Technologists, the
examination for limited scope of practice in radiography from the American Registry
of Radiologic Technologists for limited x-ray machine operators, and the American
Registry of Chiropractic Radiography Technologists for limited radiography in spines and
extremities; or equivalent examinations approved by other states. Equivalent examinations
are to be determined by the commissioner, and must be consistent with the standards
for educational and psychological testing as recommended by the American Education
Research Association, the American Psychological Association, the National Council
on Measurement in Education, or the National Commission for Certifying Agencies.
Any costs incurred in determining the extent to which examinations meet the examining
standards of this subdivision shall be paid by the individual or organization proposing the
use of such examination new text end . new text begin The commissioner shall issue a certificate to examinees who
pass an approved examination.
new text end

new text begin (b) Individuals who have met current regulations to operate x-ray equipment prior to
January 1, 2008, in a facility with x-ray equipment for use on humans that is registered
under subdivision 1, shall not be required to take a national examination as required in
paragraph (a).
new text end

Sec. 2.

Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Limited x-ray machine operator examination. new text end

new text begin The examination for
limited x-ray machine operators shall include, but not be limited to:
new text end

new text begin (1) Radiation protection, equipment maintenance and operation, image production
and evaluation, patient care and management; and
new text end

new text begin (2) At least one of the following regions of the human anatomy: chest, extremities,
skull and sinus, spine, or ankle and foot. These examinations would include the anatomy
of, and position for, the specific regions.
new text end

Sec. 3.

Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Limited x-ray machine operator practice. new text end

new text begin A limited x-ray operator
may practice medical radiography on limited regions of the human anatomy for which
they have successfully passed an examination outlined in subdivision 5a. The operator
may practice using only routine radiographic procedures, for the interpretation by and
under the direction of a licensed practitioner, excluding computed tomography, the use of
contrast media, and the use of fluoroscopic or mammographic equipment.
new text end

Sec. 4.

Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
to read:

new text begin Subd. 5c. new text end

new text begin Exemptions. new text end

new text begin X-ray machine operators who have met current regulations
promulgated by the commissioner prior to January 1, 2008, are exempt from the
requirements of subdivisions 5 to 5e, but must meet the continuing education requirements
provided in subdivision 5f. Subdivisions 5 to 5f of this section do not apply to dental
hygienists, registered dental assistants, certified registered nurse anesthetists, physicians
assistants, and individuals that are licensed in the state of Minnesota to practice medicine,
osteopathy, chiropractics, podiatry, and dentistry.
new text end

Sec. 5.

Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
to read:

new text begin Subd. 5d. new text end

new text begin Procedures. new text end

new text begin The commissioner shall promulgate by rule procedures
to be followed for examinations.
new text end

Sec. 6.

Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
to read:

new text begin Subd. 5e. new text end

new text begin Variance of scope of practice. new text end

new text begin The commissioner may grant a variance
according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of
practice of an x-ray operator in cases where the delivery of health care would otherwise be
compromised if a variance were not granted. The request for a variance must be in writing,
state the circumstances that constitute hardship, state the period of time the facility wishes
to have the variance for the scope of practice in place, and state the alternative measures
that will be taken if the variance is granted. The commissioner shall set forth in writing
the reasons for granting or denying the variance. Variances granted by the commissioner
specify in writing the time limitation and required alternative measures to be taken
by the facility. A request for the variance shall be denied if the commissioner finds the
circumstances stated by the facility do not support a claim of hardship, the requested time
period for the variance is unreasonable, the alternative measures proposed by the facility
are not equivalent to the scope of practice, or the request for the variance is not submitted
to the commissioner in a timely manner.
new text end

Sec. 7.

Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
to read:

new text begin Subd. 5f. new text end

new text begin Continuing education requirements. new text end

new text begin The commissioner shall approve
continuing education programs for limited x-ray operators that offer x-ray specific courses,
including, but not limited to, courses offered online. A limited x-ray operator shall
complete four hours of continuing education during every two-year period and pay a $20
fee every two years in order to remain certified. The first two-year period ends January
1, 2010. A limited x-ray operator who is out of compliance shall be given three months
to comply with this subdivision. After that three-month period, an individual who is out
of compliance shall be required to take an examination, as provided in subdivision 5,
in order to be recertified.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective January 1, 2008.
new text end