Source Date: pubinfo_daily_2021_10_15_1122_Fri

Bill: AB 356

"This Bill Would"s:

Bill Text:



20210AB__035699INT99INTRODUCED2021-02-0120210AB356INTIntroduced by Assembly Member Chen(Coauthors: Assembly Members Flora and Santiago)LEAD_AUTHORASSEMBLYChenCOAUTHORASSEMBLYFloraCOAUTHORASSEMBLYSantiago An act to amend Section 107110 of the Health and Safety Code, relating to public health. public healthFluoroscopy: temporary permit.

The Radiologic Technology Act makes it unlawful for any licentiate of the healing arts to administer or use diagnostic, mammographic, or therapeutic x-ray on human beings in this state, unless that person is certified by the State Department of Public Health and acting within the scope of that certification. The act requires the department to prescribe minimum qualifications for granting a fluoroscopy permit and continuing education requirements for the holders of that permit. A person who violates a provision of the Radiologic Technology Act or regulation of the department adopted pursuant to that act is guilty of a misdemeanor.

This bill would, notwithstanding those requirements, authorize the department to issue a physician and surgeon or a doctor of podiatric medicine a one-time, nonrenewable, temporary permit to operate, or supervise the operation of, fluoroscopic x-ray equipment if the physician and surgeon or the doctor of podiatric medicine meets specified criteria. The bill would require the temporary permit to convey the same rights as a fluoroscopy certificate for the period for which it is issued, in the classification for which the physician and surgeon or the doctor of podiatric medicine is eligible. The temporary permit would be valid for up to 12 months from the date of issue. The bill would require the department to charge a fee to cover the reasonable costs of administering the temporary permit program.

MAJORITYNOYESNONONONONONONONO
The people of the State of California do enact as follows:SECTION 1.Section 107110 of the Health and Safety Code is amended to read:107110.

(a)It shall be unlawful for any licentiate of the healing arts to administer or use diagnostic, mammographic, or therapeutic x-ray on human beings in this state after January 1, 1972, unless that person is certified pursuant to subdivision (e) of Section 114870, Section 114872, or Section 114885, and is acting within the scope of that certification.

(b)(1)Notwithstanding subdivision (a), the department may issue a physician and surgeon or a doctor of podiatric medicine a one-time, temporary permit authorizing them to operate or supervise the operation of fluoroscopic x-ray equipment if the physician and surgeon or the doctor of podiatric medicine holds a valid California license as a physician and surgeon or a doctor of podiatric medicine, has submitted an application for a fluoroscopy certificate, and has used fluoroscopy in another state. The application shall indicate the locations or facilities where the physician and surgeon or the doctor of podiatric medicine will be providing fluoroscopy.

?(2)A temporary permit issued pursuant to paragraph (1) shall convey the same rights as a fluoroscopy certificate for the period for which it is issued in the classification for which the physician and surgeon or the doctor of podiatric medicine is eligible and shall be valid for up to 12 months from the date of issue. The department shall not renew a temporary permit, and each applicant may receive a temporary permit one time only.

(3)The department shall charge a fee for a temporary permit to the extent necessary to administer the certification. The fee charged under this paragraph shall be in an amount sufficient to recover the department?s reasonable costs in administering the temporary permit program, but shall not exceed the amount of the fee for the certification to operate or supervise the operation of fluoroscopic x-ray equipment.

(4)A temporary permit issued under this subdivision is subject to Section 107070.