Title of Regulation: 18VAC85-101. Regulations Governing the Practice of Radiologic Technology (amending 18VAC85-101-40, 18VAC85-101-110).

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: August 24, 2016.

Effective Date: September 8, 2016.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4558, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.

Basis: Section 54.1-2400 authorizes the Board of Medicine to promulgate regulations to administer the regulatory system.

The specific authority for the board to regulate the qualifications governing the licensure of radiologist assistants, radiologic technologists, and radiologic technologists, limited is found in § 54.1-2956.8:1 of the Code of Virginia.

Purpose: Currently, the regulation requires submission of evidence that an applicant has passed an examination with a minimum score acceptable to the board. This requirement may be confusing to applicants and the public because the American Registry of Radiologic Technologists (ARRT) or the Nuclear Medicine Technology Certification Board (NMTCB) examines the applicant, determines the passing score, and grants certification on that basis. The amendment is necessary because the board does not determine the minimum passing score and does not receive a score from ARRT or NMTCB. The credentialing bodies provide documentation that the applicant has been certified with the appropriate credential as evidence that the certifying examination has been passed.

Since the certifying examination and resulting credential qualifies a person in an area of radiography – radiologic technology, nuclear medicine, sonography, etc., the regulation is amended to clarify that the radiologic technologist must practice consistent with his education and certifying examination. No statutory authority exists to grant specialty licenses in radiography, so the public is protected by specifying that the licensee is responsible for practicing within his area of education and expertise.

Rationale for Using Fast-Track Rulemaking Process: There is no controversy in the adoption of these amendments, which are explanatory of current practice and clarifying for the licensee and the public.

Substance: The amendment in 18VAC85-101-40 clarifies that the Board of Medicine determines qualification for licensure of radiologic technologists based on certification by the ARRT or the NMTCB; such certification is evidence of passage of an examination and meets the statutory requirement for a testing program.

The amendment in 18VAC85-101-110 clarifies that a radiologic technologist is responsible for administering and documenting procedures consistent with his education and certifying examination.

Issues: The primary advantage to the public is assurance that a radiologic technologist is practicing consistent with the credential for which he is qualified. There are no disadvantages to the public. There are no advantages or disadvantages to the agency or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Medicine (Board) proposes to clarify that a radiologic technologist's scope of practice must be consistent with his or her education and certification and that he or she can submit evidence of passage of a certification examination without the need to submit evidence of a passing score.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. One of the conditions for licensure as a radiologic technologist is passage of an examination resulting in certification by the American Registry of Radiologic Technologists (ARRT) or the Nuclear Medicine Technology Certification Board (NMTCB). These entities issue primary pathway certifications in radiography, nuclear medicine technology, radiation therapy, magnetic resonance imaging, or sonography. Despite different subspecialty certifications, Virginia statutes recognize only one type of licensure and use the generic title "radiologic technologist" for any of the subspecialty certifications.¹ Since the Board does not have the authority to issue subspecialty certifications under the statute, it proposes to clarify that a radiologic technologist's scope of practice must be consistent with his or her education and certification.

In addition, the current regulation requires submission of evidence of "certification with a minimum passing score acceptable to the Board." However, the Board does not determine the minimum passing score and requires only a certification which is granted upon passage of the examination based on a score determined by ARRT or NMTCB. Thus, the Board proposes to eliminate the language requiring submission of evidence of minimum passing score acceptable to the Board.

Both of the proposed changes are mere clarifications and are not expected to create any significant economic effect other than improving the clarity of the regulation.

Businesses and Entities Affected. Currently, there are 3,893 licensed radiologic technologists in Virginia. Specific subspecialty certifications of the licensed radiologic technologists are not tracked.

Localities Particularly Affected. The proposed changes apply statewide.

Projected Impact on Employment. No impact on employment is expected.

Effects on the Use and Value of Private Property. No impact on the use and value of private property is expected.

Real Estate Development Costs. No impact on real estate development costs is expected.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. Radiologic technologists work in many types of practices and employment settings, some of which may be small businesses. However, the proposed changes are not anticipated to have any significant economic impact on them other than improving the clarity of the regulation.

Alternative Method that Minimizes Adverse Impact. No adverse impact on small businesses is expected.

Adverse Impacts:

Businesses. The proposed amendments do not have an adverse impact on non-small businesses.

Localities. The proposed amendments will not adversely affect localities.

Other Entities. The proposed amendments will not adversely affect other entities.

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¹See Virginia Code sections 54.1-2956.8:1 and 54.1-2956.8:2.

Agency's Response to Economic Impact Analysis: The Board of Medicine concurs with the analysis of the Department of Planning and Budget.

Summary:

The amendments clarify that a radiologic technologist's scope of practice must be consistent with his education and certification and that he can submit evidence of passage of a certification examination without the need to submit evidence of a passing score.

18VAC85-101-40. Licensure requirements.

A. An applicant for board licensure shall:

1. Meet the educational requirements specified in 18VAC85-101-30;

2. Submit the required application, fee, and credentials to the board; and

3. Submit evidence of passage of an examination resulting in certification by the ARRT or the NMTCB certification examination with a minimum passing score acceptable to the board.

B. If an applicant has been licensed or certified in another jurisdiction, he shall provide information on the status of each license or certificate held and verification from that jurisdiction of any current, unrestricted license.

C. An applicant who fails the ARRT or NMTCB examination shall follow the policies and procedures of the certifying body for successive attempts.

18VAC85-101-110. Individual responsibilities to patients and to licensed doctor of medicine, osteopathy, chiropractic, or podiatry.

A. The radiologic technologist's responsibilities are to administer and document procedures consistent with his education and certifying examination and within the limit of his professional knowledge, judgment, and skills.

B. A radiologic technologist shall maintain continuing communication with the delegating practitioner.