In this subtitle the following words have the meanings indicated.
“Board” means the State Board of Physicians.
“Certification” means recognition of an individual who has satisfied certain standards required by a national certifying board.
“Committee” means the Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance Advisory Committee of the Board.
Repealed.
“License” means a license issued by the Board to practice as a radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant.
“Licensed nuclear medicine technologist” means a nuclear medicine technologist who is licensed by the Board to practice nuclear medicine technology.
“Licensed radiation therapist” means a radiation therapist who is licensed by the Board to practice radiation therapy.
“Licensed radiographer” means a radiographer who is licensed by the Board to practice radiography.
“Licensed radiologist assistant” means an individual who is licensed to practice radiology assistance under the supervision of a licensed physician who:
Specializes in radiology; and
Is certified by:
The American Board of Radiology;
The American Osteopathic Board of Radiology;
The British Royal College of Radiology; or
The Canadian College of Physicians and Surgeons.
“Licensee” means an individual who is licensed by the Board to practice as a radiation therapist, a radiographer, a nuclear medicine technologist, or radiologist assistant.
“National certifying board” means:
The American Registry of Radiologic Technologists;
The Nuclear Medicine Technology Certifying Board; or
Another certifying organization approved by the Board.
“Practice nuclear medicine technology” means to:
Prepare and administer radiopharmaceuticals to human beings; or
Conduct in vivo detection and measurement of radioactivity for medical purposes to assist in the diagnosis and treatment of disease or injury.
“Practice radiation therapy” means to perform tumor localization radiography and apply therapeutic doses of radiation for the treatment of disease or injury.
“Practice radiography” means to use ionizing radiation to:
Demonstrate portions of the human body to assist in the diagnosis or localization of disease or injury; or
Perform tumor localization radiography.
“Practice radiology assistance” means to practice radiography and to perform:
Fluoroscopy and selected radiology procedures;
Patient assessment; and
Patient management.
“Supervision” means the responsibility of a licensed physician to exercise on–site or immediately available direction for licensees.
This subtitle does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.
The Board shall adopt regulations to carry out the provisions of this subtitle.
The Board shall set reasonable fees for the issuance of and renewal of licenses and other services it provides to licensees.
The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to licensees, including the cost of providing a rehabilitation program for licensees under § 14–401.1(g) of this title.
The Board shall pay all fees collected under the provisions of this subtitle to the State Comptroller.
The Comptroller shall distribute all fees to the Board established under § 14–201 of this title.
The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this subtitle.
There is a Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance Advisory Committee within the Board.
The Committee consists of nine members appointed by the Board.
Of the nine members:
One shall be a licensed physician who specializes in radiology;
One shall be a licensed physician who specializes in radiology and who supervises a radiologist assistant;
One shall be a licensed physician who specializes in nuclear medicine;
One shall be a licensed physician who specializes in radiation oncology;
One shall be a licensed radiation therapist;
One shall be a licensed radiographer;
One shall be a licensed radiologist assistant;
One shall be a licensed nuclear medicine technologist; and
One shall be a consumer member.
Each member of the Committee licensed by the Board must be in good standing with the Board.
The consumer member of the Committee:
Must be a member of the general public;
May not be or ever have been:
A radiation therapist, radiographer, radiologist assistant, or nuclear medicine technologist;
Any other health care professional; or
In training to be a radiation therapist, radiographer, radiologist assistant, nuclear medicine technologist, or other health care professional; and
May not:
Participate or ever have participated in a commercial or professional field related to radiation therapy, radiography, nuclear medicine technology, or radiology assistance;
Have a household member who participates in a commercial or professional field related to radiation therapy, radiography, nuclear medicine technology, or radiology assistance;
Have had within 2 years before appointment a financial interest in a person regulated by the Board; or
Have had within 2 years before appointment a financial interest in the provision of goods or services to radiation therapists, radiographers, radiology assistants, or nuclear medicine technologists or to the field of radiation therapy, radiography, nuclear medicine technology, or radiology assistance.
Each member of the Committee must be a resident of the State.
From among its members, the Committee shall elect a chair once every 2 years.
The chair, or the chair’s designee, shall serve in an advisory capacity to the Board as a representative of the Committee.
The term of a member is 3 years.
The terms of members are staggered as required by regulation.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member may not serve more than two consecutive full terms.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
A quorum of the Committee consists of five members.
In addition to the powers set forth elsewhere in this subtitle, the Committee:
Shall:
Develop and recommend to the Board:
Regulations to carry out this subtitle; and
Any statutory changes that affect the profession; and
Keep a record of its meetings; and
May:
Provide recommendations regarding the practice of radiation therapy, radiography, nuclear medicine technology, and radiology assistance; and
Advise the Board on any other matters related to radiation therapists, radiographers, nuclear medicine technologists, and radiologist assistants.
A licensee may only practice under the supervision of a licensed physician.
The failure of a licensed physician to properly supervise a licensee is unprofessional conduct in the practice of medicine under § 14–404(a)(3) of this title.
Except as provided in paragraph (2) of this subsection, the practice of a radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant is limited to those procedures, operations, preparations, and practices listed in regulation.
A radiologist assistant may not:
Interpret images;
Make diagnoses; or
Prescribe medications or therapies.
Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice radiation therapy, radiography, nuclear medicine technology, or radiology assistance in this State.
A radiologist assistant may not:
Interpret images;
Make diagnoses; or
Prescribe medications or therapies.
This section does not apply to:
A radiation therapist, radiographer, nuclear medicine technologist, or radiology assistant employed in the service of the federal government while practicing within the scope of the employment; or
A radiation therapy student, a radiography student, a nuclear medicine technology student, or a radiology assistant student enrolled in an education program which is accredited by an approved accrediting organization while practicing radiation therapy, radiography, nuclear medicine technology, or radiology assistance in that program.
To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
Except as provided in subsection (c) of this section, the applicant shall:
Be of good moral character;
Be at least 18 years old;
Demonstrate oral and written competency in English as required by the Board;
Meet any educational, training, or examination requirements established by the Board, including:
Graduation from an appropriate educational program as determined by the Board; and
Certification; and
Complete a criminal history records check in accordance with § 14–308.1 of this title.
To qualify for a license to practice as a radiologist assistant, an applicant shall:
Be issued a general license to perform radiography;
Complete an advanced academic program with a nationally recognized radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, or graduate degree and incorporates a radiologist–directed clinical preceptorship;
Be certified in advanced cardiac life support; and
Be certified as a radiologist assistant by the American Registry of Radiologic Technologists.
Except for requirements adopted by the Board for license renewal under § 14–5B–12 of this subtitle, nothing in this subtitle may be construed to require an individual who is certified by the Board as a radiation oncology/therapy technologist, medical radiation technologist, or nuclear medicine technologist as of October 1, 2008, to meet additional education, training, or examination requirements.
To apply for a license, an applicant shall:
Complete a criminal history records check in accordance with § 14–308.1 of this title;
Submit an application to the Board on the form that the Board requires; and
Pay to the Board the application fee set by the Board.
Subject to subsection (c) of this section, the Board shall issue the appropriate license to an applicant who meets the requirements of this subtitle for that license.
On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether to issue a license, the Board shall consider:
The age at which the crime was committed;
The nature of the crime;
The circumstances surrounding the crime;
The length of time that has passed since the crime;
Subsequent work history;
Employment and character references; and
Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
The Board may not issue a license if the criminal history record information required under § 14–308.1 of this title has not been received.
Licensure as a radiation therapist authorizes an individual to practice radiation therapy in the State while the license is effective.
Licensure as a radiographer authorizes an individual to practice radiography in the State while the license is effective.
Licensure as a nuclear medicine technologist authorizes an individual to practice nuclear medicine technology in the State while the license is effective.
Licensure as a radiologist assistant authorizes an individual to practice radiology assistance in the State while the license is effective.
The term of a license issued by the Board may not exceed 3 years.
A license expires on a date set by the Board, unless the license is renewed for an additional term as provided in this section.
At least 1 month before the license expires, the Board shall send to the licensee a renewal notice that states:
The date on which the current license expires;
The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
The amount of the renewal fee.
Except as otherwise provided in this subtitle, before a license expires, the licensed individual may periodically renew it for an additional term, if the individual:
Is of good moral character;
Pays to the Board a renewal fee set by the Board;
Submits to the Board:
A renewal application on the form that the Board requires; and
Satisfactory evidence of compliance with any continuing education or competency requirements and other requirements required by the Board for license renewal; and
Meets any additional renewal requirements established by the Board.
In addition to any other qualifications and requirements established by the Board, the Board may establish continuing education or competency requirements as a condition to the renewal of licenses under this section.
A disciplinary panel may impose a civil penalty of up to $100 per continuing medical education credit in lieu of a sanction under § 14–5B–14 of this subtitle, for a first offense, for the failure of a licensee to obtain the continuing medical education credits required by the Board.
The Board shall renew the license of each individual who meets the renewal requirements of this section.
A license may not be renewed for a term longer than 2 years.
The Board shall reinstate the license of a radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant who has failed to renew a license for any reason if the radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant:
Meets the renewal requirements of this section;
Submits to the Board:
A reinstatement application on the form that the Board requires; and
Satisfactory evidence of compliance with any continuing education or competency requirements; and
Meets any additional requirements established by the Board for reinstatement.
Beginning October 1, 2016, the Board shall require a criminal history records check in accordance with § 14–308.1 of this title for:
Renewal applicants as determined by regulations adopted by the Board; and
Each former licensee who files for reinstatement under subsection (f) of this section.
On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether disciplinary action should be taken, based on the criminal history record information, against a licensee who renewed or reinstated a license, the Board shall consider:
The age at which the crime was committed;
The nature of the crime;
The circumstances surrounding the crime;
The length of time that has passed since the crime;
Subsequent work history;
Employment and character references; and
Other evidence that demonstrates whether the licensee poses a threat to the public health or safety.
The Board may renew or reinstate a license only if the licensee or applicant attests that the licensee or applicant has submitted to a criminal history records check under § 14–308.1 of this title.
A licensee shall notify the Board in writing of a change in name or address within 30 days after the change.
A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.
Unless a disciplinary panel agrees to accept the surrender of a license, a licensee may not surrender the license and the license may not lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license, if the applicant or licensee:
Fraudulently or deceptively obtains or attempts to obtain a license for the applicant, licensed individual, or for another;
Fraudulently or deceptively uses a license;
Is guilty of:
Immoral conduct in the practice of radiation therapy, radiography, nuclear medicine technology, or radiology assistance; or
Unprofessional conduct in the practice of radiation therapy, radiography, nuclear medicine technology, or radiology assistance;
Is:
Professionally incompetent;
Physically incompetent; or
Mentally incompetent;
Abandons a patient;
Is habitually intoxicated;
Is addicted to or habitually abuses any narcotic or controlled dangerous substance as defined in § 5–101 of the Criminal Law Article;
Provides professional services while:
Under the influence of alcohol; or
Using any narcotic or controlled dangerous substance as defined in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic amounts or without valid medical indication;
Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;
Willfully makes or files a false report or record in the practice of radiation therapy, radiography, nuclear medicine technology, or radiology assistance;
Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report;
Breaches patient confidentiality;
Pays or agrees to pay any sum or provide any form of remuneration or material benefit to any person for bringing or referring a patient or accepts or agrees to accept any sum or any form of remuneration or material benefit from an individual for bringing or referring a patient;
Willfully makes a misrepresentation while practicing radiation therapy, radiography, nuclear medicine technology, or radiology assistance;
Willfully practices radiation therapy, radiography, nuclear medicine technology, or radiology assistance with an unauthorized individual or aids an unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine technology, or radiology assistance;
Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine;
Is disciplined by a licensing or disciplinary authority or is convicted or disciplined by a court of any state or country, or is disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
Fails to meet appropriate standards for the delivery of quality radiation therapy, radiography, nuclear medicine technology, or radiology assistance care performed in any outpatient surgical facility, office, hospital or related institution, or any other location in this State;
Willfully submits false statements to collect fees for which services are not provided;
Has been subject to investigation or disciplinary action by a licensing or disciplinary authority or by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes; and
Has:
Surrendered the license issued by the state or country; or
Allowed the license issued by the state or country to expire or lapse;
Willfully fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;
Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes;
Practices or attempts to practice beyond the authorized scope of practice;
Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;
Practices or attempts to practice a radiation therapy, radiography, nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, radiography, nuclear medicine technology, or radiology assistance equipment if the applicant or licensee has not received education, internship, training, or experience in the performance of the procedure or the use of the equipment;
Fails to cooperate with a lawful investigation conducted by the Board or a disciplinary panel;
Fails to practice under the supervision of a physician or violates a supervisory order of a supervising physician; or
Fails to complete a criminal history records check under § 14–308.1 of this title.
Except as otherwise provided in the Administrative Procedure Act, before the Board or a disciplinary panel takes any action under subsection (a) of this section, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board or the disciplinary panel in accordance with the hearing requirements of § 14–405 of this title.
On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a licensee if the licensee is convicted of or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.
After completion of the appellate process if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the Office of the Attorney General.
If, after a hearing under § 14–405 of this title, a disciplinary panel finds that there are grounds under subsection (a) of this section to suspend or revoke a license, to reprimand a licensee, or to place a licensee on probation, the disciplinary panel may impose a fine subject to the Board’s regulations in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.
The Board shall pay any fines collected under this section into the General Fund of the State.
In addition to any sanction authorized under this section, a disciplinary panel may require a licensee to comply with specified terms and conditions determined by the disciplinary panel.
Any person aggrieved by a final decision of the Board or a disciplinary panel under this subtitle may take a direct judicial appeal.
The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
An order of the Board or a disciplinary panel may not be stayed pending review.
The Board may appeal from any decision that reverses or modifies the order of the Board or a disciplinary panel.
Except as provided in subsections (b) and (d) of this section, each employer of a licensee shall submit to the Board a report if:
The employer:
Reduced, suspended, revoked, restricted, denied, conditioned, or did not renew the licensee’s clinical privileges, employment, or other ability to practice or treat patients;
Involuntarily terminated or restricted the licensee’s employment or staff membership; or
Asked the licensee to voluntarily resign because of the licensee’s conduct or while the licensee is being investigated; and
The action described under item (i) of this paragraph was taken:
For reasons that might be grounds for disciplinary action under § 14–5B–14 of this subtitle;
Because the licensee may have engaged in an act that may constitute unprofessional conduct;
Because the licensee may be unable to practice nuclear medicine technology, radiation therapy, radiography, or radiology assistance with reasonable skill and safety because of a physical or mental condition or professional incompetence; or
Because the licensee may have harmed or placed one or more patients or the public at unreasonable risk of harm by engaging in an act that creates an immediate or continuing danger.
Each report submitted under paragraph (1) of this subsection shall include:
The action taken by the employer;
A detailed explanation of the reasons for the action, including references to specific patient medical records, if any, that informed the employer’s action; and
The steps taken by the employer to investigate the conduct of the licensee.
The Board may request from the employer additional information regarding an action described in paragraph (1) of this subsection that was taken by the employer.
If an employer receives a request made under subparagraph (i) of this paragraph, the employer shall promptly provide the additional information.
If an employer knows that the conduct of a licensee requires that the employer submit a report under subsection (a)(1) of this section because the licensee is impaired by alcohol or another substance, the employer is not required to report the licensee to the Board if:
The employer knows that the licensee is:
In a substance use disorder treatment program that is accredited by The Joint Commission or is certified by the Department; or
Under the care of a health care practitioner who is competent and capable of dealing with substance use disorders;
The employer is able to verify that the licensee remains in the treatment program until successful discharge; and
The action or condition of the licensee has not caused injury to any person while the licensee is practicing as a licensed nuclear medicine technologist, licensed radiation therapist, licensed radiographer, or licensed radiologist assistant.
If the employer knows that the licensee is noncompliant with the substance use disorder treatment program, the employer of the licensee shall report the licensee’s noncompliance to the Board.
The Board may extend the reporting under this section for good cause shown.
A person is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of substance use disorder patient records.
The Board may enforce this section by subpoena.
Any person shall have the immunity from liability described under § 5–715(d) of the Courts Article for giving any of the information required by this section.
An employer required to make a report to the Board under this section shall submit the report within 10 days after the action requiring the report.
A report made under this section is privileged, not subject to inspection under the Public Information Act, and not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.
A disciplinary panel may impose a civil penalty of up to $5,000 for knowingly failing to report under this section.
A disciplinary panel may impose a civil penalty of up to $5,000 per incident for a report made by an employer in bad faith.
The Board shall remit any penalty collected under this subsection into the General Fund of the State.
Following the filing of charges or notice of initial denial of license application, the Board shall disclose the filing to the public on the Board’s Web site.
The Board shall create and maintain a public individual profile on each licensee that includes the following information:
A summary of charges filed against the licensee, including a copy of the charging document, until a disciplinary panel has taken action under § 14–5B–14 of this subtitle based on the charges or has rescinded the charges;
A description of any disciplinary action taken by the Board or a disciplinary panel against the licensee within the most recent 10–year period that includes a copy of the public order;
A description in summary form of any final disciplinary action taken by a licensing board in any other state or jurisdiction against the licensee within the most recent 10–year period if the Board knows of the disciplinary action;
A description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving moral turpitude that is the basis for disciplinary action taken under § 14–5B–14(c) of this subtitle; and
The public address of the licensee.
In addition to the requirements of subsection (b) of this section, the Board shall include on each licensee’s profile a statement of information to be taken into consideration by a consumer when viewing a licensee’s profile, including a disclaimer stating that a charging document does not indicate a final finding of guilt by a disciplinary panel.
The Board:
On receipt of a written request for a licensee’s profile from any person, shall forward a written copy of the profile to the person; and
Shall maintain a Web site that serves as a single point of entry where all licensee profile information is available to the public on the Internet.
The Board shall provide a mechanism for the notification and prompt correction of any factual inaccuracies in a licensee’s profile.
The Board shall include information relating to charges filed against a licensee by a disciplinary panel and any final disciplinary action taken by a disciplinary panel against a licensee in the licensee’s profile within 10 days after the charges are filed or the action becomes final.
Subject to subsection (b) of this section, on the application of an individual whose license has been revoked, a disciplinary panel may reinstate a revoked license.
A disciplinary panel may not reinstate a revoked license that has been revoked for a period of more than 1 year unless the licensee:
Meets the requirements for reinstatement as established under this title; and
Completes a criminal history records check in accordance with § 14–308.1 of this title.
Except as otherwise provided in this subtitle, a person may not practice, attempt to practice, or offer to practice radiation therapy in this State unless licensed to practice radiation therapy by the Board.
Except as otherwise provided in this subtitle, a person may not practice, attempt to practice, or offer to practice nuclear medicine technology in this State unless licensed to practice nuclear medicine technology by the Board.
Except as otherwise provided in this subtitle, a person may not practice, attempt to practice, or offer to practice radiography in this State unless licensed to practice radiography by the Board.
Except as otherwise provided in this subtitle, a person may not practice, attempt to practice, or offer to practice radiology assistance in this State unless licensed to practice radiology assistance by the Board.
Unless authorized to practice radiation therapy, radiography, nuclear medicine technology, or radiology assistance under this subtitle, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice radiation therapy, radiography, nuclear medicine technology, or radiology assistance in this State.
A person may not provide, attempt to provide, offer to provide, or represent that the person provides radiation therapy, radiography, nuclear medicine technology, or radiology assistance care unless the radiation therapy, radiography, nuclear medicine technology, or radiology assistance care is provided by an individual who is authorized to practice radiation therapy, radiography, nuclear medicine technology, or radiology assistance under this subtitle.
Except as otherwise provided in this subtitle, a licensed physician may not employ or supervise an individual practicing radiation therapy, radiography, nuclear medicine technology, or radiology assistance without a license.
Except as otherwise provided in this subtitle, an employer may not employ an individual practicing radiation therapy, radiography, nuclear medicine technology, or radiology assistance without a license.
A disciplinary panel may impose a civil penalty of up to $5,000 for employing an individual without a license under this section.
The Board shall remit any penalty collected under this section into the General Fund of the State.
A person who violates § 14–5B–17 or § 14–5B–18 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
A person who violates § 14–5B–17 or § 14–5B–18 of this subtitle is subject to a civil fine of not more than $5,000 to be levied by a disciplinary panel.
The Board shall pay any penalty collected under this section into the Board of Physicians Fund.
This subtitle may be cited as the “Maryland Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance Act”.
Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, and subject to the termination of this title under § 14–702 of this title, this subtitle and all rules and regulations adopted under this subtitle shall terminate and be of no effect after July 1, 2030.