HB571: HB571 Professions and businesses; licensing of radiologist assistants; provide

26 HB 571/AP House Bill 571 (AS PASSED HOUSE AND SENATE) By: Representatives Hawkins of the 27th, Jasperse of the 11th, Dempsey of the 13th, Jackson of the 128th, Silcox of the 53rd, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to1 physicians, assistants, and others, so as to provide for the licensing of radiologist assistants;2 to provide for continuing education requirements; to repeal a provision relating to radiologist3 assistant defined; to provide a short title; to provide for definitions; to provide for licensure4 requirements; to provide for renewal requirements; to prohibit holding oneself out as a5 radiologist assistant without licensure; to provide for licensu re for currently employed6 radiologist assistants; to provide for the duties and powers of the Georgia Composite Medical7 Board with respect to radiologist assistants; to provide that radiologists may use the services8 of licensed radiologist assistants; to prohibit certain practic es by radiologist assistants; to9 provide for an advisory committee; to provide for statutory con struction; to provide for10 related matters; to provide for an effective date; to repeal co nflicting laws; and for other11 purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 H. B. 571 - 1 - 26 HB 571/AP SECTION 1.14 Chapter 34 of Title 43 of the Official Code of Georgia Annotate d, relating to physicians,15 assistants, and others, is amended by revising subsection (a) o f Code Section 43-34-11,16 relating to continuing education requirement and required training for physicians, as follows:17 "(a)(1) The board shall be authorized to require persons seekin g renewal of a license,18 certificate, or permit under this chapter to complete board approved continuing education19 of not less than 40 hours biennially. The board shall be autho rized to approve courses20 offered by institutions of higher learning, specialty societies , or professional21 organizations, including, but not limited to, the American Medi cal Association, the22 National Medical Association, and the American Osteopathic Association, the number23 of hours required, and the category in which these hours should be earned. This24 paragraph shall not apply to respiratory care professionals, persons seeking renewal of25 certification as respiratory care professionals, clinical perfu sionists, persons seeking26 renewal of licensure as a clinical perfusionist, licensed orthotists or prosthetists, persons27 seeking renewal of licensure as an orthotist or prosthetist, genetic counselors, or persons28 seeking renewal of licensure as a genetic counselor, radiologis t assistants, or persons29 seeking renewal of licensure as a radiologist assistant.30 (2) The board shall be authorized to require persons seeking renewal of certification as31 respiratory care professionals under Article 6 of this chapter to complete board approved32 continuing education. The board shall be authorized to establish the number of hours of33 continuing education required biennially for renewal of certification as a respiratory care34 professional and the categories in which these hours should be earned. The board shall35 be authorized to approve courses offered by institutions of hig her learning, specialty36 societies, or professional organizations. Any action taken by the board pursuant to this37 paragraph shall be taken in conformity with the provisions of Code Section 43-34-143.38 (3) The board shall be authorized to require persons seeking r enewal of licensure as39 clinical perfusionists under Article 7 of this chapter to compl ete board approved40 H. B. 571 - 2 - 26 HB 571/AP continuing education. The board shall be authorized to establish the number of hours of41 continuing education required biennially for renewal of licensure as a clinical perfusionist42 and the categories in which these hours should be earned. The board shall be authorized43 to approve courses offered by institutions of higher learning, specialty societies, or44 professional organizations. Any action taken by the board purs uant to this paragraph45 shall be taken in conformity with the provisions of Code Section 43-34-172.46 (4) The board shall be authorized to require persons seeking r enewal of licensure to47 practice orthotics or prosthetics under Article 8 of this chapt er to complete board48 approved continuing education. The board shall be authorized to establish the number49 of hours of continuing education required biennially for renewal of licensure to practice50 orthotics or prosthetics and the categories in which these hour s should be earned,51 provided that the maximum number of hours of continuing educati on required for52 renewal of licensure shall not exceed 40 hours. The board shall be authorized to approve53 courses offered by institutions of higher learning, specialty s ocieties, or professional54 organizations. Any action taken by the board pursuant to this paragraph shall be taken55 in conformity with the provisions of subsection (a) of Code Section 43-34-200.56 (5) The board shall be authorized to require persons seeking r enewal of licensure to57 practice genetic counseling under Article 12 of this chapter to complete board approved58 continuing education. The board shall be authorized to establish the number of hours of59 continuing education required biennially for renewal of licensu re to practice genetic60 counseling and the categories in which these hours should be earned, provided that the61 number of hours of continuing education required for renewal of licensure shall not be62 less than 30 hours biennially. The board shall be authorized to approve courses offered63 by institutions of higher learning, specialty societies, or professional organizations. Any64 action taken by the board pursuant to this paragraph shall be taken in conformity with the65 provisions of subsection (b) of Code Section 43-34-313.66 H. B. 571 - 3 - 26 HB 571/AP (6) The board shall be authorized to require persons seeking r enewal of licensure to67 practice as a radiologist assistant under Article 13 of this ch apter to complete board68 approved continuing education. The board shall be authorized to establish the number69 of hours of continuing education required biennially for renewal of licensure to practice70 as a radiologist assistant and the categories in which these hours should be earned. The71 board shall be authorized to approve courses offered by institutions of higher learning,72 specialty societies, or professional organizations. Any action taken by the board pursuant73 to this paragraph shall be taken in conformity with the provisi ons of subsection (b) of74 Code Section 43-34-334.75 (6)(7) On and after January 1, 2022, all physicians shall be required to receive one-time76 education and training, for a minimum of two hours, regarding professional boundaries77 and physician sexual misconduct. Such education and training s hall include subject78 matter relating to how to proceed with basic as well as sensitive or intimate examinations79 and the communication with patients that is required as a compo nent of such80 examinations. Such education and training shall be established by the board and shall be81 informed by members of the public, as best possible."82 SECTION 2.83 Said chapter is further amended by repealing Code Section 43-34-12, relating to radiologist84 assistant defined.85 SECTION 3.86 Said chapter is further amended by adding a new article to read as follows:87 H. B. 571 - 4 - 26 HB 571/AP "ARTICLE 1388 43-34-330.89 This article shall be known and may be cited as the 'Radiologist Assistant Act.'90 43-34-331.91 As used in this article, the term:92 (1) 'Board' means the Georgia Composite Medical Board.93 (2) 'Radiologist' means a physician who is licensed to practic e medicine pursuant to94 Article 2 of this chapter and who is certified by the American Board of Radiology, the95 American Osteopathic Board of Radiology, or the Royal College o f Physicians and96 Surgeons of Canada.97 (3) 'Radiologist assistant' means an advanced level certified diagnostic radiologic98 technologist who assists radiologists under the on site direct supervision of a radiologist99 as defined by the Georgia Composite Medical Board in performing advanced diagnostic100 imaging procedures as determined by board rule, according to le vels of supervision as101 defined by the Centers for Medicare and Medicaid Services including, but not limited to,102 enteral and parenteral procedures when performed under the on site direct supervision of103 the radiologist and may include injecting diagnostic agents to sites other than intravenous,104 performing diagnostic aspirations and localizations, and assisting radiologists with other105 invasive procedures, according to levels of supervision as defi ned by the Centers for106 Medicare and Medicaid Services. Such radiologist assistant may with general107 supervision perform other noninvasive procedures unless said procedures are expressly108 restricted by the board to not be performed by radiologist assi stants under general109 supervision. Such radiologist assistant may also perform other procedures under general110 supervision as may be authorized by the board.111 H. B. 571 - 5 - 26 HB 571/AP 43-34-332.112 A person shall be qualified for licensure as a radiologist assistant and the board shall issue113 a license if that person:114 (1) Has applied in writing in form and substance satisfactory to the board and is at least115 21 years of age;116 (2) Has not engaged in conduct or activities which would const itute grounds for117 discipline under this article;118 (3) Is registered and credentialed as a radiographer with the American Registry of119 Radiologic Technologists;120 (4) Is certified and registered:121 (A) As a radiologist assistant with the American Registry of Radiologic Technologists;122 or123 (B) As a radiology practitioner assistant with the Certificati on Board for Radiology124 Practitioner Assistants and the American Registry of Radiologic Technologists;125 (5) Has paid the fees required by rule; and126 (6) Has met any other requirements established by rule.127 43-34-333.128 (a) Licenses issued by the board pursuant to this article shal l be subject to renewal and129 shall be valid for up to two years unless otherwise specified b y this article and shall be130 renewable biennially on the renewal date established by the board.131 (b) The board shall be authorized to, in conformance with paragraph (6) of subsection (a)132 of Code Section 43-34-11:133 (1) Require persons seeking renewal of licensure under this ar ticle to complete board134 approved continuing education;135 (2) Establish the number of hours of continuing education to be completed as well as the136 categories in which the continuing education is to be completed; and137 H. B. 571 - 6 - 26 HB 571/AP (3) Maintain continued certification and registration as a rad iologist assistant with the138 American Registry of Radiologic technologist or radiology practitioner assistant with the139 Certification Board for Radiology Practitioner Assistants and the American Registry of140 Radiologic Technologists.141 (c) A person who has permitted his or her license to expire or who has had his or her142 license on inactive status may have his or her license restored by:143 (1) Making application to the board;144 (2) Filing proof acceptable to the board of his or her fitness to have his or her license145 restored, including, but not lim ited to, sworn evidence certify ing to active practice in146 another jurisdiction satisfactory to the board; and147 (3) Paying the required restoration fee.148 If the person has not maintained an active practice in another jurisdiction satisfactory to the149 board, the board shall determine, by an evaluation program esta blished by rule, such150 person's fitness to resume active status and may require such person to complete a period151 of evaluated clinical experience and successful completion of an examination.152 (d) A person who notifies the board on forms prescribed thereby may elect to place his or153 her license on an inactive status and shall, subject to rules of the board, be excused from154 payment of renewal fees until he or she notifies the board of h is or her desire to resume155 active status. A person requesting restoration from inactive status shall be required to pay156 the current renewal fee and shall be required to restore his or her license as provided in157 subsection (c) of this Code section. A radiologist assistant w hose license is on inactive158 status shall not engage in the scope of practice for radiologist assistants in this state.159 (e) A person whose license expired while he or she was:160 (1) In federal service on active duty within the armed forces of the United States or with161 the state militia and called into service or training; or162 (2) In training or education under the supervision of the Unit ed States preliminary to163 induction into military service164 H. B. 571 - 7 - 26 HB 571/AP may have his or her license renewed or restored without paying a lapsed renewal fee if,165 within two years after termination from the service, training, or education except under166 conditions other than honorable, he or she furnishes the board with satisfactory evidence167 that he or she has been so engaged and that his or her service, training, or education has168 been terminated.169 43-34-334.170 (a) On and after July 1, 2026, a person shall not engage in th e scope of practice for171 radiologist assistants in this state without a valid license is sued by the board pursuant to172 this article.173 (b) A person shall not hold himself or herself out as a radiologist assistant unless he or she174 holds a license issued by the board in accordance with this article. A person not licensed175 by the board pursuant to this article shall not use in connecti on with his or her name or176 place of business the terms 'radiologist assistant' or any word s, letters, abbreviations, or177 insignia indicating or implying that the person holds a license as a radiologist assistant.178 (c) A person who verifies to the board that he or she is emplo yed in this state as a179 radiologist assistant as of the effective date of this article shall by operation of law be180 authorized to practice as a radiologist assistant in this state on or after July 1, 2026,181 contingent upon such individual having applied with the board for appropriate licensure.182 43-34-335.183 (a) A radiologist may use the services of a radiologist assist ant under the on site direct184 supervision of such radiologist, provided that such radiologist assistant is duly qualified185 and licensed pursuant to this article.186 (b) Notwithstanding subsection (a) of this Code section, a radiologist assistant may with187 general supervision perform other noninvasive procedures unless said procedures are188 expressly restricted by the board to not be performed by radiologist assistants under general189 H. B. 571 - 8 - 26 HB 571/AP supervision. Such radiologist assistant may also perform other procedures under general190 supervision as may be authorized by the board.191 ( c ) A r a d i o l o g i s t a s s i s t a n t s h a l l n o t i n t e r p r e t i m a g e s , m a k e diagnoses, or prescribe192 medications or therapies.193 (d) Any rules and regulations adopted by the board pertaining to the scope of practice as194 a radiologist assistant in this state shall be consistent with guidelines adopted by the195 American College of Radiology, the American Society of Radiologic Technologists, the196 American Registry of Radiologic Technologists, or any other ent ity deemed appropriate197 by the board.198 43-34-336.199 The board shall have the power and responsibility to:200 (1) Determine the qualifications and fitness of applicants for licensure and renewal of201 licensure;202 (2) Adopt and revise rules consistent with the laws of the Sta te of Georgia that are203 necessary to conduct its business, carry out its duties, and administer this article;204 (3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses205 of applicants and radiologist assistants under this article and conduct hearings in206 connection with these actions;207 (4) Conduct hearings on complaints concerning violations of th is article and the rules208 adopted under this article and cause the prosecution and enjoinder of the violations;209 (5) Establish application, examination, and certification fees;210 (6) Establish continuing education requirements; and211 (7) Establish the number of radiologist assistants that may be supervised by a radiologist212 according to levels of supervision as defined by the Centers for Medicare and Medicaid213 Services.214 H. B. 571 - 9 - 26 HB 571/AP 43-34-337.215 The board shall appoint an advisory committee. The advisory committee shall consist of216 no fewer than five individuals and shall include at least one l icensed physician who217 practices radiology, three licensed radiologist assistants, and one consumer representative. 218 Members shall receive no compensation for service on the committee. The committee shall219 have such advisory duties and responsibilities as the board may determine, including, but220 not limited to, consulting with the board on the issuance, denial, suspension, and revocation221 of licenses and the promulgation of rules and regulations under this article. The initial222 members of the advisory committee may include persons eligible for licensing under this223 article. Subsequent advisory committee members must be licensed pursuant to this article.224 43-34-338.225 Nothing in this article shall be construed to prohibit:226 (1) The performance of any tasks or responsibilities by any student engaged in clinical227 training in a general hospital, provided such practice is limit ed to clinical training that228 shall be carried out under the direct supervision of a radiologist;229 (2) The performance of any tasks or responsibilities by any person licensed under this230 title, provided such tasks or responsibilities are permitted by the article governing the231 profession pursuant to which such person is licensed; or232 (3) The performance of any tasks or responsibilities by any legally qualified radiologist233 assistants of any other state or territory who is serving in the armed forces or the Public234 Health Service of the United States or who is employed by the United States Department235 of Veterans Affairs, while engaged in the performance of his or her duties."236 SECTION 4.237 This Act shall become effective upon its approval by the Governor or upon its becoming law238 without such approval.239 H. B. 571 - 10 - 26 HB 571/AP SECTION 5.240 All laws and parts of laws in conflict with this Act are repealed.241 H. B. 571 - 11 -