Consumer-Patient Radiation Health and Safety

Ark. Code Ann. tit. 17, ch. 106

in effect

Ark. Code Ann. § 17-106-101 Findings.

The General Assembly hereby finds and declares that the citizens of the State of Arkansas are entitled to the maximum protection practicable from the harmful effects of excessive and improper exposure to ionizing radiation and that the protection will be increased by requiring appropriate education of persons using radioactive materials or operating medical equipment emitting or detecting ionizing radiation upon human beings.

Ark. Code Ann. § 17-106-102 Title.

This chapter may be cited as the “Consumer-Patient Radiation Health and Safety Act”.

Ark. Code Ann. § 17-106-103 Definitions.

As used in this chapter: (1) “Consumer” means a person who is a resident of this state but who is not a licensed practitioner or radiologic technologist or licensed technologist or limited licensed technologist under this chapter; (2) “Direct supervision”, pertaining to students, means responsibility for, and control of, radiation safety, protection, and technical aspects of the application of ionizing radiation to human beings for diagnostic or therapeutic purposes, with the parameters that are outlined by educational accreditation agencies that are recognized by the State Board of Health; (3) “Ionizing radiation” means gamma rays, X rays, alpha and beta particles, high speed electrons, protons, neutrons, and other nuclear particles; (4) “License” means a certificate issued by the State Board of Health authorizing the licensee to use radioactive materials or medical equipment emitting or detecting ionizing radiation for human diagnostic or therapeutic purposes in accordance with this chapter; (5) “Licensed practitioner” means a person licensed to practice medicine, dentistry, podiatry, chiropractic, osteopathy, or optometry in this state; (6) “Licensed technologist” means a person other than a licensed practitioner who administers radioactive substances or uses medical equipment emitting or detecting ionizing radiation for human diagnostic or therapeutic purposes under the supervision of a licensed practitioner and who is “grandfathered” under this chapter; (7) “Limited license” means an authorization to perform radiologic procedures under the supervision of a licensed practitioner that are limited to specific parts of the human body, specifically of the chest and skeletal structures, or limited to specific procedures, or both; (8) “Limited licensed technologist” means a person, other than a licensed practitioner, radiologic technologist, or licensed technologist, who: (A) While under the supervision of a licensed practitioner, operates medical equipment emitting ionizing radiation for diagnostic purposes on human beings that are limited to specific body parts; and (B) Has successfully passed a limited scope examination deemed appropriate by the State Board of Health; (9) “Medical dosimetrist” means a person who is certified or eligible for certification by the Medical Dosimetrist Certification Board; (10) “Nuclear medicine technologist” means a person, other than a licensed practitioner, who performs therapeutic, in vivo, imaging, and measurement procedures, prepares radiopharmaceuticals, and administers diagnostic doses of radiopharmaceuticals to human beings while under supervision of a licensed practitioner who is licensed as required to possess and use radioactive materials; (11) “Radiation health/medical physicist” means a person who is certified or eligible for certification in radiologic physics by the American Board of Radiology, the American Board of Health Physics, the American Board of Medical Physics, or the American Board of Science in Nuclear Medicine; (12) “Radiation practitioner” means a licensed practitioner who has completed a residency in radiology, nuclear medicine, or radiation oncology, or is certified by the American Board of Radiology, the American Osteopathic Board of Radiology, or the American Board of Nuclear Medicine or its equivalent; (13) “Radiation therapist” means a person, other than a licensed practitioner or nuclear medicine technologist, who applies radiation to humans for therapeutic purposes under the supervision of a licensed practitioner; (14) “Radiologic technologist” means a person, other than a licensed practitioner, licensed under this chapter who administers radioactive substances or uses medical equipment emitting or detecting ionizing radiation for human diagnostic or therapeutic purposes under the supervision of a licensed practitioner and holds a national certification obtained through education and examination; (15) “Radiologic technology” is the science of using a radioactive substance or medical equipment emitting or detecting ionizing radiation of humans for diagnostic or therapeutic purposes; and (16) “Temporary license” means a certificate issued by the Medical Ionizing Radiation Licensure Committee authorizing the applicant to use radioactive materials or medical equipment emitting or detecting ionizing radiation for human diagnostic or therapeutic purposes when licensure or relicensure is pending before the committee and when the issuance may be justified by special circumstances as determined by the committee.

Ark. Code Ann. § 17-106-104 Medical Ionizing Radiation Licensure Committee.

(a)(1) The Medical Ionizing Radiation Licensure Committee shall be an advisory committee to the State Board of Health and shall consist of ten (10) members, as follows: (A) Nine (9) members to be appointed by the Governor; and (B) One (1) member shall be the Secretary of the Department of Health or his or her designee. (2) The nine (9) members appointed by the Governor shall be residents of the State of Arkansas and shall have been employed in their fields for five (5) years preceding their appointment. (3) Among the committee members shall be two (2) radiologic technologists, one (1) nuclear medicine technologist, one (1) radiation therapist, two (2) radiation practitioners, one (1) licensed practitioner, one (1) radiation health/medical physicist, and one (1) consumer. The radiologic technologists appointed to the committee must be eligible for licensure under this chapter. (b) The members shall be appointed for three-year staggered terms to be assigned by lot. Committee members shall serve until replaced. The terms shall commence on July 15 of each year. Committee members are limited to serving two (2) consecutive terms. In the event of a vacancy on the committee for any reason, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor. (c) Members of the committee shall not be entitled to compensation for their services but may receive expense reimbursement in accordance with § 25-16-902, to be paid by the Department of Health. (d) The consumer member appointed to the committee shall have no association or relationship with a licensed practitioner, radiologic technologist, licensed technologist, or limited licensed technologist which would prevent or in any way hinder the consumer in representing the interest of the public. (e) Within ninety (90) days of appointment, the committee shall hold a meeting and elect from its membership a chair for a term set by the committee. The secretary of the committee shall be the Secretary of the Department of Health or his or her designee. (f) The committee shall meet at least quarterly. (g) Special meetings of the committee may be called at any time at the pleasure of the board or pursuant to the bylaws of the committee. (h) A majority of the members of the committee shall constitute a quorum. No action may be taken by the board except by affirmative vote of the majority of those present.

Ark. Code Ann. § 17-106-105 Duties and powers.

(a)(1) The State Board of Health is authorized to: (A)(i) Incur whatever expenses the board may deem necessary or expedient in performing the board's duties under the provisions of this chapter. (ii) The board, pursuant to the administration of the Department of Health, may employ or engage whatever personnel, legal counsel, independent contractors, or assistants it may deem necessary or expedient and fix their compensation; (B) Adopt standards for applicants wishing to take the licensing examination; (C) Recognize and license emerging modalities in radiological procedures; and (D) Adopt, publish, and from time to time revise such rules not inconsistent with the law as may be necessary to enable it to carry into effect the provisions of this chapter. (2)(A)(i) All fees shall be established by the board. (ii) The licensing fee shall not be more than seventy-five dollars ($75.00) and shall be an amount reasonably calculated to cover the costs of issuing the license to practice and otherwise administer this chapter. (iii) The examination fee shall be an amount reasonably calculated to cover the costs of the examination and otherwise administer this chapter. (iv) In addition, the board will determine the late fee. (v) All such fees shall be used only for the purposes authorized in this chapter. (B) Any money not used by the department to administer the licensing program within a fiscal year shall be carried forward into the next fiscal year. (b) The Medical Ionizing Radiation Licensure Committee is authorized to: (1) Adopt suitable bylaws for carrying out its duties under the provisions of this chapter; (2) Have an official seal that shall bear the words “Medical Ionizing Radiation Licensure Committee”; (3)(A) Provide a secretary's certificate. (B) The certificate of the Secretary of the Medical Ionizing Radiation Licensure Committee under seal shall be accepted in the courts of the state as the best evidence as to the minutes of the committee and shall likewise be accepted in the courts of the state as the best evidence as to the licensure or nonlicensure of any person under the requirements of this chapter; (4) Keep a record of all its proceedings, receipts, and disbursements; (5) Recommend to the board standards for applicants wishing to take the licensing examination and conduct examinations or contract with persons or entities to conduct examinations of applicants; (6) Grant, deny, renew, suspend, or revoke licenses for any cause stated in this chapter; and (7) Conduct disciplinary proceedings as provided in this chapter. (c)(1) In the performance of its duties, the committee is empowered to administer oaths and take testimony on any matters within the committee's jurisdiction and issue subpoenas and thereby compel the attendance of persons before it for the purpose of examining any facts or conditions properly pending before the committee. (2) All subpoenas issued by the committee shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts.

Ark. Code Ann. § 17-106-106 Legal title — License limitations — Prohibited acts.

(a) Other than a licensed practitioner, radiologic technologist, licensed technologist, or limited licensed technologist, no person shall use radioactive materials or medical equipment emitting or detecting ionizing radiation on human beings for diagnostic or therapeutic purposes. (b) A person holding a license under this chapter shall use radioactive substances or medical equipment emitting or detecting ionizing radiation on a human being: (1) By prescription of a licensed practitioner or advanced practice nurse; and (2) Only if the application of a substance or the use of equipment is limited in a manner specified in this section. (c) A person holding a limited license under this chapter shall use medical equipment emitting or detecting ionizing radiation on a human being: (1) By prescription of a licensed practitioner or advanced practice nurse; and (2) Only if the limited licensed technologist is licensed for those specific body parts. (d) No other person shall be entitled to use the titles or designated letters who is not licensed under this chapter. No person shall depict himself or herself orally or in writing, expressly or by implication, as holder of a license who does not hold a current license under this chapter. (e) No person shall knowingly or negligently employ a person to apply ionizing radiation or administer radiopharmaceuticals to a human being or otherwise engage in the practice of radiologic technology unless the person possesses a valid license issued under the provisions of this chapter within that specific category. (f) A person shall not apply ionizing radiation or administer radiopharmaceuticals to a human being or otherwise engage in the practice of radiologic technology unless the person possesses a valid license issued under this chapter. (g) Any person who has an application for a temporary license pending before the Medical Ionizing Radiation Licensure Committee shall be permitted to engage in the activities described in this section.

Ark. Code Ann. § 17-106-107 Licensing requirements.

(a) The Medical Ionizing Radiation Licensure Committee shall license any applicant who shall: (1) Make application and pay a nonrefundable fee established by the State Board of Health; and (2) Submit satisfactory evidence verified by oath or affirmation that the applicant: (A) Is qualified to administer radioactive materials or operate medical equipment emitting or detecting ionizing radiation upon human beings; (B) Is at least eighteen (18) years of age at the time of application; and (C) Has been awarded a high school diploma or has passed the General Educational Development Test or the equivalent. (b) In addition to the requirements of subsection (a) of this section, any person seeking to obtain a license in a specific area of radiologic technology must comply with the following requirements: (1) Each applicant for a license as a radiologic technologist, radiation therapist, or nuclear medicine technologist shall have satisfactorily completed an approved course of study in radiography, radiation therapy, or nuclear medicine, respectively, that is accredited by the Joint Review Committee on Education in Radiologic Technology, Joint Review Committee on Educational Programs in Nuclear Medicine Technology, or regional or national accreditation as deemed acceptable by the board; and (2) The curriculum for each course of study shall follow the standards approved by the United States Department of Education, provided that the standards do not conflict with board policies. (c) The board shall establish criteria and standards within the state for educational programs in radiologic technology, which are not covered under §§ 6-51-601 — 6-51-617, and recognize these programs upon finding that the criteria and standards have been met. (d) Notwithstanding the provisions of this section previously set forth, for a period not to exceed one (1) year after July 30, 1999, upon application and the payment of the fee equivalent of that required for the written examination and initial licensing fee, the board shall issue a license without examination to any person currently employed as a person using radioactive materials or medical equipment emitting and detecting ionizing radiation on a human being. (e) Licensees shall submit proof of having successfully completed at least six (6) hours of continuing medical education annually for license renewal. Continuing education may be provided by the licensed practitioner or a hospital in-service education department according to the rules prescribed by the board.

Ark. Code Ann. § 17-106-108 Examinations.

(a) With the exception of those who are grandfathered under this chapter, each applicant for licensure shall be required to pass a license examination designated and approved by the State Board of Health. Standards for acceptable performance shall be established. (b) The State Board of Health shall identify acceptable examinations such as those administered by the American Registry of Radiologic Technologists, the American Chiropractic Registry of Radiologic Technologists, or the Nuclear Medicine Technology Certification Board. (c) An applicant who fails to pass the examination may reapply for the examination if the applicant complies with the rule established by the State Board of Health. (d) The State Board of Health may accept a current certificate issued by the American Registry of Radiologic Technologists, the American Society for Clinical Pathology, the American Chiropractic Registry of Radiologic Technologists, Cardiovascular Credentialing International, or the Nuclear Medicine Technology Certification Board issued on the basis of an examination satisfactory to the State Board of Health if the standards of those bodies are at least as stringent as those established by the State Board of Health. (e) The State Board of Health may accept a current certificate, registration, or license as a radiologic technologist issued by another state if the standards in the other state are at least as stringent as those established by the State Board of Health. (f)(1) The State Board of Health shall identify acceptable examinations appropriate to the discipline for the limited licensed technologist. (2) A study guide containing information to be included on the examination will be provided to the applicant for the examination.

Ark. Code Ann. § 17-106-109 Licenses.

(a) The Medical Ionizing Radiation Licensure Committee may issue a license to each applicant who has either successfully passed the examination or qualified under § 17-106-107(d) and (e) and has paid the prescribed fees. (b)(1) At its discretion, the committee may issue a temporary license to any person whose licensure or relicensure may be pending and when issuance may be justified by special circumstances. (2) A temporary license shall be issued only if the committee finds that it will not violate the purpose of this chapter or endanger the public health and safety. (3) A temporary license shall not remain in force longer than one hundred eighty (180) days. (4) Unless an individual demonstrates to the committee a hardship or a continual progression in fulfilling the educational and certification requirements of a modality recognized by the State Board of Health, no more than two (2) temporary licenses shall be issued to any individual within a specific category. (c) Holders of a license under this chapter shall display the official license document or a notarized copy in each place of employment, and the document shall be made available upon request. (d)(1) A license shall be renewed by the committee for a period of one (1) year upon payment of renewal fees in an amount established by the board. (2) As a prerequisite for renewal, continuing education requirements shall be set by rule. (e)(1)(A) Any person licensed under this chapter whose license has lapsed and who has ceased activities as a licensee for less than five (5) years may apply for relicensure upon payment of a fee set by the board. (B) For periods of more than five (5) years, licensure shall be in a manner as designated by the board. (C) Continuing education requirements shall be set by rule. (2) This subsection shall not apply to anyone whose license has been revoked or suspended.

Ark. Code Ann. § 17-106-110 Discipline.

(a) Any license issued by the Medical Ionizing Radiation Licensure Committee may be suspended or revoked or the individual may be censured, reprimanded, or otherwise sanctioned by the committee in accordance with the provisions and procedures of this chapter if after due process it is found that the individual: (1) Is guilty of fraud or deceit in the procurement or holding of the license; (2) Has been convicted of a felony listed under § 17-3-102; (3) Is or has been afflicted with any medical problem, disability, or addiction that in the opinion of the State Board of Health would impair professional competence; (4) Has knowingly aided and abetted a person who is not a radiologic technologist or otherwise authorized by § 17-106-111(b) to perform the duties of a license holder under this chapter; (5) Has undertaken or engaged in any practice beyond the scope of duties permitted a license holder under this chapter; (6) Has impersonated a license holder or former license holder or is performing the duties of a radiologic technologist, licensed technologist, or limited licensed technologist under an assumed name; (7) Has been found guilty of violations of a code of ethics that the board shall establish by rule; (8) Has applied ionizing radiation without the prescription of a licensed practitioner; (9) Has interpreted a diagnostic image for a fee; (10) Is or has been found guilty of incompetence or negligence in his or her performances as a license holder; or (11) Has failed to comply with any provision of this chapter or any of the rules pertaining to this chapter. (b)(1)(A) Proceedings against the holder of a license under this chapter shall be instituted by filing a written charge or charges with the committee. (B) The charge or charges may be brought by a person, corporation, association, public officer, or the board. (2)(A) The Chair of the Medical Ionizing Radiation Licensure Committee shall appoint a subcommittee of three (3) committee members to examine the charge or charges and prepare a written recommendation to the committee stating whether the charge or charges should be dismissed or brought against the licensee. (B) If the committee determines that the charge or charges contain sufficient merit, the chair shall set a time and place for a hearing. (C) A copy of the charge or charges, together with the notice of the time and place of the hearing, shall be served on the person charged either in person or by registered mail at least thirty (30) days before the date set for the hearing. (D) The accused shall have the right to appear at the hearing with counsel, to answer the charge or charges, cross examine witnesses, and produce evidence and witnesses in his or her defense. (E) The committee shall have the power to issue subpoenas for the appearance of witnesses and take testimony under oath. (c) Any licensee who violates any provision of this chapter or any rule or order made pursuant to this chapter shall be subject to a cease and desist order and a fine of not more than one thousand dollars ($1,000) per incident. (d) All hearings and appeals from hearings to the board under this chapter shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Ark. Code Ann. § 17-106-111 Exemptions.

(a)(1) Dentists, dental hygienists, registered dental assistants with the expanded duty of radiography, radiation health physicists, radiation medical physicists, chiropractic externs, bone densitometrists, and certified medical dosimetrists are excluded from this chapter. (2) Any exemptions from the provisions of this chapter are exclusive to those enumerated in this subsection. (b) The requirement of a license shall not apply to a student enrolled in and attending a school of radiologic technology, radiation therapy, or nuclear medicine with recognized educational accreditation who uses radioactive material on or applies ionizing radiation to a human being while under the supervision of a licensed practitioner or radiologic technologist. (c) Nothing in the provisions of this chapter relating to radiologic technology shall limit, enlarge, or affect the practice of licensed practitioners herein defined.

Ark. Code Ann. § 17-106-201 Radiologist assistant and radiology practitioner assistant — License required.

(a) The Arkansas State Medical Board shall grant a license to practice as a radiologist assistant and a radiology practitioner assistant to a qualified applicant who complies with the rules for licensure adopted under this subchapter. (b) An individual shall not practice as a radiologist assistant or a radiology practitioner assistant unless the person is licensed as a radiologist assistant or a radiology practitioner assistant by the board.

Ark. Code Ann. § 17-106-202 Rules.

The Arkansas State Medical Board shall adopt rules to: (1) Define the qualifications for licensure of a radiologist assistant or a radiology practitioner assistant; (2)(A) Define the services that may be performed by a radiologist assistant or a radiology practitioner assistant, and the level of supervision required for the performance of a radiologist assistant or a radiology practitioner assistant. (B) The rules adopted under subdivision (2)(A) of this section shall specify that a radiologist assistant or radiology practitioner assistant shall not interpret images, make diagnoses, or prescribe medications or therapies; (3)(A) Define the qualifications of a supervising physician. (B) The rules adopted under subdivision (3)(A) of this section shall specify the manner and scope of supervision that a licensed physician must employ when supervising a radiologist assistant or a radiology practitioner. (C)(i) Only a physician licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. who resides in Arkansas or in an immediately contiguous county of an adjacent state and who is a diagnostic radiologist certified by or eligible for certification by the American Board of Radiology or an equivalent board approved by the Arkansas State Medical Board may utilize the services of a radiologist assistant or a radiology practitioner assistant. (ii) However, a physician may utilize the services of a radiologist assistant or a radiology practitioner assistant under subdivision (3)(C)(i) of this section only if the physician supervises the radiologist assistant or radiology practitioner assistant; (4) Establish requirements for annual renewal of the license of a radiologist assistant and a radiology practitioner assistant; (5) Establish continuing education requirements for renewal of licensure for a radiologist assistant and a radiology practitioner assistant; and (6) Establish a program for probation of a radiologist assistant and a radiology practitioner assistant.

Ark. Code Ann. § 17-106-203 Fee.

The Arkansas State Medical Board shall charge a licensure application fee not to exceed the administrative and disciplinary costs incurred by the board in administering the licensure program under this subchapter.

Ark. Code Ann. § 17-106-204 Penalties.

If a radiologist assistant or a radiology practitioner assistant is found by the Arkansas State Medical Board to have violated the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the rules adopted under this subchapter, the board may impose one (1) or more of the following penalties: (1) Suspension or revocation of the license to practice as a radiologist assistant or radiology practitioner assistant; (2) A fine not to exceed one thousand dollars ($1,000) per violation; (3) Recovery from the radiologist assistant or the radiology practitioner assistant of the costs of an investigation and hearing if the radiologist assistant or the radiology practitioner assistant is found to have violated the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the rules adopted under this subchapter; (4) Placement of the radiologist assistant or the radiology practitioner assistant under probation; and (5) A reprimand.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.17.htmlFetched: 11/8/2026