Title of Regulation: 18VAC85-101. Regulations Governing the Practice of Radiologic Technology (repealing 18VAC85-101-50, 18VAC85-101-61).

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: February 22, 2017.

Effective Date: March 9, 2017.

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: Regulations are promulgated under the general authority of § 54.1-2400 of the Code of Virginia, which provides the Board of Medicine the authority to promulgate regulations to administer the regulatory system, and § 54.1-2956.8:1 of the Code of Virginia, which provides that it is unlawful to practice radiologic technology without a license.

Purpose: The existence of regulatory language for traineeships for unlicensed graduates has created confusion for some applicants who believe they can practice radiologic technology before passage of the licensing examination. The law specifies that licensure is required for practice, with the exception of radiologic technologists employed by a hospital. To ensure that a person is fully qualified to engage in practice defined as "the application of ionizing radiation to human beings for diagnostic or therapeutic purposes," the sections allowing for traineeships are being repealed to protect the health and safety of patients in the Commonwealth.

Rationale for Using Fast-Track Rulemaking Process: Since the promulgation of 18VAC85-101-50 in 1996 and 18VAC85-101-61 in 2003, staff can only recall one time a traineeship has been granted, and that was years ago when examinations were only offered three times a year. Graduates are now allowed to sit for the licensing examination any day of the work week, so the need for a traineeship no longer exists but does cause confusion for a few persons. Accordingly, repeal of 18VAC85-101-50 and 18VAC85-101-61 will not be controversial.

Substance: The board is repealing 18VAC85-101-50 and 18VAC85-101-61 on traineeships for unlicensed graduates.

Issues: There are no advantages or disadvantages to the public because there are no traineeships currently being granted. 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 repeal 50 (Traineeship for unlicensed graduate) and 60 (Traineeship for an applicant for licensure as a radiologic technologist-limited) of 18VAC85-101.

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

Estimated Economic Impact. Code of Virginia (Code) § 54.1-2956.8:1 states that "it shall be unlawful for a person to practice…as a radiologist technologist or radiologist technologist, limited...unless he holds a license as such issued by the Board." The Code section provides for one exception for individuals employed by a hospital who are practicing as radiologic technologists.

The existence of regulatory language for traineeships for unlicensed graduates (in sections 50 and 60) has created confusion for some applicants who believe they can practice radiologic technology before passage of the licensing examination. As described above, the law specifies that licensure is required for practice, with the exception of radiologic technologists employed by a hospital. According to the Department of Health Professions, since the enactment of the sections staff can only recall one time a traineeship has been granted, and that was when examinations were only offered three times a year. Graduates are now allowed to sit for the licensing examination any day of the work week; so the need for a traineeship no longer exists. Thus the proposed repeal of the sections would have no impact in practice other than reduce potential confusion among readers of the regulation.

Businesses and Entities Affected. The proposed repeal of the sections would reduce the likelihood of confusion among readers of the regulation. Individuals considering licensure as a radiologist technologist or radiologist technologist-limited are the most likely to be interested in the sections. Each year approximately 430 new licenses are issued for radiologist technologists and 45 new licenses are issued for radiologist technologists-limited.¹

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments do not affect employment.

Effects on the Use and Value of Private Property. The proposed amendments do not affect the use and value of private property.

Real Estate Development Costs. The proposed amendments do not affect real estate development costs.

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. The proposed amendments do not significantly affect costs for small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendments do not adversely affect businesses.

Localities. The proposed amendments do not adversely affect localities.

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

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¹ Data source: Department of Health Professions.

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 repeal provisions on traineeships for unlicensed graduates for consistency with § 54.1-2956.8:1 of the Code of Virginia.

18VAC85-101-50. Traineeship for unlicensed graduate. (Repealed.)

A. An applicant who is an unlicensed graduate of an ARRT acceptable program may be employed as a trainee under the direct supervision of a licensed radiologic technologist, or doctor of medicine, osteopathy, chiropractic, or podiatry.

B. The graduate shall submit an application for a traineeship to the board for review and approval by the Chairman of the Advisory Board on Radiological Technology or his designee.

C. The traineeship shall terminate 14 working days after receipt by the candidate of the licensure examination results. The unlicensed graduate may reapply for a new traineeship while awaiting to take the next examination.

D. An unlicensed graduate may serve in a traineeship for a period not to exceed two years or through three unsuccessful attempts of the licensure examination, whichever comes first. After such time, the graduate shall apply to the Advisory Board on Radiological Technology for approval to continue in practice as a trainee.

18VAC85-101-61. Traineeship for an applicant for licensure as a radiologic technologist-limited. (Repealed.)

A. An applicant who is seeking licensure as a radiologic technologist-limited may be employed as a trainee under the direct supervision of a licensed radiologic technologist, doctor of medicine, osteopathy, chiropractic or podiatry.

B. The person shall submit an application for a traineeship to the board for review and approval by the Chairman of the Advisory Board on Radiological Technology or his designee.

C. The traineeship shall terminate 14 working days after receipt by the candidate of the licensure examination results or, if training for limited licensure in bone densitometry or abdomen and pelvis, 14 working days after completion of the required number of procedures. The trainee may reapply for a new traineeship while waiting to take the next examination or for satisfactory completion of the required number of procedures.