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REGS : 10.32.10 Licensure of Radiation Therapists, Radiographers, Nuclear Medicine Technologists, and Radiologist Assistants (BOARD OF PHYSICIANS)

 

 Content Editor

 
 PROPOSAL
Maryland Register
Issue Date:  December 27, 2013
Volume 40 • Issue 26 • Pages 2183—2185
 
Title 10 
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 32 BOARD OF PHYSICIANS
10.32.10 Licensure of Radiation Therapists, Radiographers, Nuclear Medicine Technologists, and Radiologist Assistants
Authority: Health Occupations Article, §§14-5B-01, 14-5B-03, 14-5B-07, 14-5B-13—15, and 14-5B-18, Annotated Code of Maryland
Notice of Proposed Action
[13-418-P]
The Secretary of Health and Mental Hygiene proposes to amend Regulations .02, .07, .14, .18, and .19, and repeal existing Regulation .06 under COMAR 10.32.10 Licensure of Radiation Therapists, Radiographers, Nuclear Medicine Technologists, and Radiologist Assistants. This action was considered at a public meeting held on June 26, 2013, notice of which was given by publication in 40:12 Md. R. 1058 (June 14, 2013) pursuant to State Government Article, §10-506(c)(1), Annotated Code of Maryland.
At this time, the Secretary of Health and Mental Hygiene is also withdrawing the repeal of existing Regulation .04, the new Regulations .04, .05, .05-1, and .05-2 and the amendment to Regulation .06 under COMAR 10.32.10 Licensure of Radiation Therapists, Radiographers, Nuclear Medicine Technologists, and Radiologist Assistants as proposed in the 40:2 Md. R. 106—107 (January 25, 2013). This action was considered by the Board of Physicians at a public meeting held on September 25, 2013, notice of which was given by publication on the Board of Physicians web site at http://www.mbp.state.md.us/forms/sep13agenda.pdf from September 11, 2013—September 25, 2013, pursuant to State Government Article, §10-506(c)(1), Annotated Code of Maryland.
 
Statement of Purpose
The purpose of this action is to remove the Board of Physician’s ability to issue temporary licenses for Radiation Therapists, Radiographers, Nuclear Medicine Technologists, and Radiologist Assistants since these licenses are no longer being issued by the Board. This action also eliminates the Maryland Health Care Commission fee that was previously collected during initial licensure and reinstatement of licensure since this fee is only collected by the Board when a license is renewed.
 
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
 
Estimate of Economic Impact
I. Summary of Economic Impact. The Board of Physicians will lose an indeterminate amount of revenue from the fees that will be lost due to the elimination of temporary licenses. The Board will not lose any revenue due to the elimination of the MHCC fee because that fee is passed on to the Maryland Health Care Commission and it has not been collected for initial licensure or licensure reinstatement since 2009.
 
 
Revenue (R+/R-)
 
II. Types of Economic Impact.
Expenditure
(E+/E-)
Magnitude
 

 
 
 
 
 
A. On issuing agency:
(R-)
$1,500
B. On other State agencies:
NONE
 
C. On local governments:
NONE
 
 
 
Benefit (+)
Cost (-)
Magnitude
 

 
 
 
 
 
D. On regulated industries or trade groups:
(+)
$1,500
E. On other industries or trade groups:
NONE
 
F. Direct and indirect effects on public:
NONE
 
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. Revenue loss to the Board of Physicians of approximately $1,500 results from the loss of the issuance of approximately 10 temporary licenses every 2 years. 10 x $150 = $1,500
D. Revenue gain to regulated industries of approximately $1,500 is a result of an applicant only having to purchase a regular license and not a temporary license first. 10 x $150 = $1,500
 
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
 
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
 
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 27, 2014. A public hearing has not been scheduled.
 
.02 Definitions.
A. (text unchanged) 
B. Terms Defined.
(1)—(5) (text unchanged)
[(6) “Holder of a temporary license” means an individual who is granted a temporary license to
practice radiation therapy, radiography, or nuclear medicine technology under the requirements
of Regulation .06 of this chapter.]
[(7)] (6)[(22)] (21) (text unchanged)
[(23)] (22) “Supervision” means the responsibility of the licensed physician to exercise on-site direction or immediately available direction for licensees [or holders of temporary licenses].
[(24) “Temporary license” means a license issued to practice radiation therapy, radiography, or nuclear medicine technology under Regulation .06 of this chapter.]
.07 Scope of Practice — General.
A.—B. (text unchanged)
C. Identification. A radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant, [or holder of a temporary license] when practicing radiation therapy, radiography, nuclear medicine technology, or radiology assistance shall wear a badge which identifies the individual wearing the badge to be a licensed radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant [or holder of a temporary license].
.14 Prohibited Conduct.
A. Subject to the hearing provisions of Health Occupations Article, §14-405, Annotated Code of Maryland, the Board may deny an application, may reprimand any licensed radiation therapist, licensed radiographer, licensed nuclear medicine technologist, licensed radiologist assistant, [or holder of a temporary license,] place any licensed radiation therapist, licensed radiographer, licensed nuclear medicine technologist, licensed radiologist assistant, [or holder of a temporary license] on probation, or suspend or revoke the license of any licensed radiation therapist, licensed radiographer, licensed nuclear medicine technologist, or licensed radiologist assistant[, or holder of a temporary license] for the commission of a prohibited act.
B. The following are prohibited acts:
(1) Fraudulently or deceptively obtaining or attempting to obtain a license [or temporary license] for the applicant or licensed individual or for another;
(2)—(28) (text unchanged)
C.—D. (text unchanged)
.18 Fees.
The following fees are applicable to radiation therapists, radiographers, nuclear medicine technologists, and radiologist assistants:
[A. Application Fees:
(1) Initial licensure fee . . . $150; and
(2) Maryland Health Care Commission (MHCC) fee . . . As determined by MHCC under
COMAR 10.25.03;]
A. Application for initial licensure fee. . . $150;
B. (text unchanged) 
[C. Reinstatement Fees:
(1) Reinstatement of license . . . $150; and
(2) Maryland Health Care Commission (MHCC) fee . . . As determined by MHCC under COMAR 10.25.03;]  
C. Reinstatement of license fee. . . $150;
D. Written verification fee . . . $25; and
[E. Temporary License Fee:
(1) Temporary license fee . . . $150; and
(2) Maryland Health Care Commission (MHCC) fee . . . As determined by MHCC under COMAR 10.25.03; and]
[F.] E. (text unchanged)
.19 Sanctioning Guidelines for Radiation Therapists, Radiographers, Nuclear Radiation Technologists, and Radiologist Assistants.
A. (text unchanged)
B. Range of Sanctions.
Ground
Maximum Sanction
Minimum Sanction
Maximum Fine
Minimum Fine
(1) Fraudulently or deceptively obtains or attempts to obtain a license [or temporary license]for the applicant, licensed individual, [holder of a temporary license,] or for another
Revocation
Reprimand with probation for 2 years
$5,000
$1,000
(2) Fraudulently or deceptively uses a license [or temporary license]
Revocation
Probation
$5,000
$1,000
(3)—(23) (text unchanged)
 
 
 
 
(24) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee [or holder of a temporary license] is licensed and qualified to render because the individual is HIV positive
Suspension for 1  year
Reprimand
$5,000
$500
(25) 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 [or holder of a temporary license] has not received education, internship, training, or experience in the performance of the procedure or the use of the equipment
Revocation
Suspension for 3  months
$5,000
$2,500
(26)—(27) (text unchanged)
 
 
 
 
 
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene