TCA § 63-6-902 — Regulation of operators of X-ray equipment — Licenses and accreditations — Standards — Definitions

With regard to operators of radiologic imaging and radiation therapy equipment in hospitals, outpatient diagnostic centers, recuperation centers, physicians' offices, or any other setting for human subjects, the board has the authority to promulgate rules to: Establish and issue limited X-ray machine operator licenses to qualified individuals for the performance of chest, extremities, skull, sinus, and lumbar spine radiography and bone densitometry with the exclusion of the performance of fluoroscopy, computed tomography, magnetic resonance imaging, mammography, nuclear medicine, radiation therapy, mobile imaging procedures, or imaging procedures using oral and intravenous contrast media; Establish and issue full radiologic imaging or radiation therapy licenses to individuals who hold current and unrestricted national certification from the American Registry of Radiologic Technologists, the Nuclear Medicine Technology Certification Board, or any equivalent nationally recognized radiologic imaging or radiation therapy certification organization recognized by the board; Establish the minimum educational courses, curricula, hours, and standards that are prerequisite to issuance of limited X-ray machine operator licenses; Accept the standards of nationally recognized educational organizations relative to the educational courses, curricula, hours, and standards that are prerequisite to the issuance of radiography, radiation therapy, magnetic resonance, and nuclear medicine full-scope licenses; Select the examination or examinations to be utilized for the board's limited certification examination or examinations and the prerequisites, if any, for admission to the examination or examinations. The board is authorized to enter into a contract or agreement with the chosen examination service or services or select an intermediary between the board and the examination service or services to process applicants for the examination or examinations; Establish any other criteria for issuance of licenses that are reasonably related to the safe and competent performance of radiologic imaging and radiation therapy procedures; Establish a mechanism for board accreditation of educational courses that are training individuals for limited X-ray machine operator licensure and that meet the requirements established pursuant to subdivision (a)(1)(C). The mechanism shall establish the causes and standards that are grounds for withdrawal of the course accreditation and the mechanism for that withdrawal; Establish the fees to be paid for application, licensure, renewal, and late renewal of licenses; Establish the fees to be paid for application, renewal, and late renewal of board accreditation of the providers of training programs for limited X-ray machine operators; Establish the required number of hours, types of courses, and methods of proving compliance for continuing education for limited X-ray machine operator licensees; and Accept the standards of nationally recognized credentialing agencies relative to the number of hours, types of courses, and methods of proving compliance for continuing education for radiography license holders. A licensee will not be required to duplicate the continuing education hours submitted to the American Registry of Radiologic Technologists, the Nuclear Medicine Technology Certification Board, or any other certification organization recognized by the board for renewal. Submission of continued certification in good standing with any of the approved agencies with the renewal application shall be acceptable. The board may, upon application and payment of proper fees, grant a license to a person who resides in this state and has been licensed, certified, or registered to perform radiologic imaging or administer radiation therapy procedures in another jurisdiction if that jurisdiction's standards of competency are substantially equivalent to those provided by this section in accordance with rules promulgated by the board. The licenses and accreditations issued pursuant to this section must be renewed and may be retired and reactivated pursuant to procedures established by the board. A person holding a license issued pursuant to this section may be disciplined for the same causes and under the same procedures as contained in § 63-6-214 for the board of medical examiners and in § 63-9-111 for the board of osteopathic examination. The standards established by the board pursuant to subsection (a) shall be at least as stringent as any current or future mandatory federal standards. No person shall perform radiologic imaging or radiation therapy procedures in hospitals, outpatient diagnostic centers, recuperation centers, physicians' offices, or any other setting on or in humans without being licensed as a physician or licensed by the board pursuant to this section. Persons enrolled in a board-recognized or independently accredited radiologic technology or radiation therapy educational program are exempt from the licensure requirements of this section only as to radiologic imaging or radiation therapy procedures performed within or under the auspices of that program. After completion of the course or program and while awaiting first opportunity to sit for the certification examination, but for no more than six (6) months, and for a period of time within which to receive the examination scores, but no more than seventy-five (75) days thereafter, such persons are exempt from the licensure requirements of this section. This section shall not apply to operators of ionizing radiation equipment who are practicing within the scope of practice of a certification or license granted by this state under this title. A person holding a license under this section may use radioactive substances or equipment emitting ionizing radiation or magnetic resonance for radiologic imaging and radiation therapy procedures on or in humans for diagnostic or therapeutic purposes only by prescription of an individual authorized by this state to prescribe radiologic imaging or radiation therapy procedures and under the supervision of a licensed practitioner. The operation of a business in which radiologic imaging or radiation therapy procedures contemplated by this section are performed that is not owned by a physician, group of physicians, medical professional corporation, limited liability medical professional company, or an entity or facility licensed by the division of healthcare facilities is prohibited. As used in this section: “Board” means the Tennessee radiologic imaging and radiation therapy board of examiners established pursuant to § 63-6-901; “Hospital” has the same meaning as defined in § 68-11-201; “Limited X-ray machine operator” means a person who is licensed under this section to perform, under the supervision of a licensed practitioner, static diagnostic radiography procedures or bone density procedures using equipment which emits external ionizing radiation resulting in diagnostic radiographic images of selected specific parts of the human anatomy or bone density measurements; “Mobile imaging”: Means any arrangement in which radiologic imaging services are transported to various sites; and Does not include movement within a hospital or movement to a site where the equipment will be located permanently; “Outpatient diagnostic center” has the same meaning as defined in § 68-11-201; “Physician's office” means anywhere the practice of medicine as defined in § 63-6-204, or the practice of osteopathic medicine as defined in § 63-9-106, which includes the performance of radiologic imaging or radiation therapy procedures contemplated by this section, is conducted, except where that practice is conducted in or under the auspices of a facility or entity licensed by the division of healthcare facilities; “Radiation therapy” means the use or application of ionizing radiation for the purpose of treating disease or illness on or in humans; “Radiography” means the creation or acquisition of static or dynamic images of the structures of the human body using ionizing radiation from an external source by a full-scope imaging professional; “Radiologic imaging”: Means the performance of any procedure or administration of any article intended for use in the diagnosis or visualization of disease or other medical conditions in human beings. These procedures include, but are not limited to, radiography, nuclear medicine, computed tomography, fluoroscopy, magnetic resonance, and other procedures using ionizing radiation or magnetic resonance; and Does not include the use of ultrasound; and “Recuperation center” has the same meaning as defined in § 68-11-201. T.C.A. § 63-6-224 ; Acts 2016, ch. 1029, § 1; Acts 1982, ch. 905, § 7; T.C.A., § 63-6-223 ; Acts 2000, ch. 956, § 1. Code Commission Notes. This section was transferred from former § 63-6-224 by the code commission in 2016, effective January 1, 2017. Cross-References. Regulations for operation of X-ray equipment, § 63-9-112 .