Chapter 402
S.P. 659 - L.D. 1842
PART X
Sec. X-1. 32 MRSA §9853, as amended by PL 2005, c. 511, §§2 to 4, is further amended to read:
The Radiologic Technology Board of Examiners, as authorized by Title 5, chapter 379, shall administer this chapter. The board consists of 9 members appointed by the Governor.
1. Appointment and membership.
The membership of the board consists of 2 radiologists; 2 radiographers; one nuclear medicine technologist; one radiation therapist; one radiation physicist; and 2 public members who are not affiliated with the medical or any allied health profession as defined in Title 5, section 12004-A. The Governor may appoint these members from lists submitted by the following organizations or their successors. A. Radiologist members may be appointed from lists submitted by the Maine Radiological Society.
B. The radiation physicist member may be appointed from lists submitted by the Maine Radiological Society.
C. Radiologic technologist members may be appointed from lists submitted by the Maine Society of Radiologic Technologists, the Society of Nuclear Medicine Technologists and the New England Society of Radiation Therapy Technologists.
The list submitted by each organization must include at least 2 names for each position to be filled from that organization.
The consumer members are appointed by the Governor.
2. Term of office.
The term of office is 3 years. Appointments of members must comply with Title 10, section 60 8009.A member may be removed by the Governor for cause.
3. Meetings; chair quorum.
The board shall meet at least once a year to conduct its business and to elect its officers a chair. Additional meetings shall must be held as necessary to conduct the business of the board and may be convened at the call of the chairman chair or a majority of the board members.
5. Quorum.
A majority of the Five voting members of the board shall constitute a quorum. No action may be taken by the board except by affirmative vote of the majority of those present and voting.
6. Powers and duties.
The board shall have has the following powers and duties: A. To review the qualifications of applicants for licensure and to license radiographers, nuclear medicine technologists and radiation therapists who qualify under this chapter;
B. To conduct approve the qualifying examinations for radiographers, nuclear medicine technologists and radiation therapists, and to establish passing standards;
C. To develop, in consultation with representatives of the appropriate disciplines, requirements for courses of study, training and examination for applicants for a limited license; and
D. To submit a report during the Second Regular Session of the 111th Legislature, but no later than April 1, 1984, to the joint standing committee of the Legislature having jurisdiction over health and institutional services on its progress in approving a course of study, training and examination for applicants for a limited license, pursuant to paragraph C, and to section 9855, subsection 1, paragraph E;
E. To make rules in accordance with this chapter necessary for the enforcement of its authority and performance of its duties consistent with the Maine Administrative Procedure Act, Title 5, chapter 375. These rules may include, but not be limited to, licensing requirements, approved courses, examinations and continuing education requirements for renewal of licenses ; .
F. To establish and charge reasonable fees for issuing and renewing licenses, administering examinations and supplying information to applicants, licensees and the general public;
G. To order investigation of a complaint on its own motion or on written complaint filed with the board regarding noncompliance with or violation of any section of this chapter or of any rules adopted by the board;
H.
To conduct hearings to assist with investigations and to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise determined necessary to the fulfillment of its responsibilities under this chapter. The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of a written notice of the denial of the application, the reasons for the denial and the applicant's right to request a hearing. Hearings must be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts; and
I. After hearing, to censure or proceed as provided in section 9860.
Sec. X-2. 32 MRSA §9855, sub-§3, ¶C, as repealed and replaced by PL 2005, c. 511, §6, is amended to read:
C. Either have successfully completed a course in radiologic technology and an examination that is approved by the board or possess valid certification and current registration from the American Registry of Radiologic Technologists or its successor or other organization or another certification program approved by the board to practice as a radiation therapist.
Sec. X-3. 32 MRSA §9856, as amended by PL 2001, c. 323, §28, is further amended to read:
1. Application for license.
To apply for a license as a radiographer, nuclear medicine technologist, radiation therapy technologist or for a limited license, an applicant shall: A. Submit a written application with supporting documents to the board on forms provided by the board;
B. Pay an the application fee as set under section 9859-A; and
C. Pay an examination fee as set under section 9859-A.
2. Denial of application.
In case the application is denied and permission to take the examination is refused, the examination fee only shall be is returned to the applicant. Any applicant who fails to pass the examination shall be is entitled to reexamination within 6 months upon repayment of the examination fee only. Pursuant to section 9858, the board may issue a temporary license to an applicant who has failed an examination and is awaiting reexamination upon receipt of the fee as set under section 9859-A; the temporary license shall expire expires at such time as the board may by rule direct.
Sec. X-4. 32 MRSA §9859, as amended by PL 2005, c. 511, §9, is further amended to read:
An original or renewal licensure license fee as set under section 9859-A must be paid by the applicant or licensee. All licenses must be renewed as the Commissioner of Professional and Financial Regulation may designate, as set forth in Title 10, section 8003, subsection 4. Any license not renewed by the designated renewal date automatically expires. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee and renewal fee , as set under section 9859-A. Any person who submits an application for renewal more than 90 days after the licensing renewal date must submit a renewal fee, a late fee and a filing additional late fee as set under section 9859-A and is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination or other requirements.
Sec. X-5. 32 MRSA §9860, as amended by PL 1993, c. 600, Pt. A, §262 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed.
Sec. X-6. 32 MRSA §9860-A is enacted to read:
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:
1. Substance abuse.
Habitual substance abuse or abuse of other drugs listed as controlled substances by the drug enforcement administration that has resulted or is foreseeably likely to result in the licensee performing services in a manner that endangers the health or safety of patients; or
2. Mental incompetence.
A medical finding of mental incompetency.
Sec. X-7. 32 MRSA §9861, as enacted by PL 1983, c. 524 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
1. Penalties.
Any person who practices, or holds himself out as authorized to practice, as a radiologic technologist in this State without first obtaining a license as required by this chapter, or after the license has expired or has been suspended or revoked or temporarily suspended or revoked, is guilty of a Class E crime violates section 9854 is subject to the provisions of Title 10, section 8003-C.
2. Injunction.
The State may bring an action in Superior Court to enjoin any person for violating this chapter, regardless of whether proceedings have been or may be instituted in District Court or whether criminal proceedings have been or may be instituted.