The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 051: Radiology

• Subchapter 001: General Provisions

• § 2801. Definitions

  As used in this chapter:

  (1) “Director” means the Director of the Office of Professional Regulation.

  (2) “Practice of radiologic technology” means the practice of:

  (A) radiography;

  (B) nuclear medicine technology; or

  (C) radiation therapy.

  (3) “Practice of radiography” means the direct application of ionizing radiation to human beings.

  (4) “Practice of nuclear medicine technology” means the act of giving a radioactive substance to a human being or the act of performing associated imaging procedures, or both.

  (5) “Practice of radiation therapy” means the direct application of ionizing radiation to human beings for therapeutic purposes or the act of performing associated imaging procedures, or both.

  (6) “Licensed practitioner” means a person licensed under this title to practice medicine, osteopathy, advanced practice registered nursing, dentistry, podiatry, naturopathic medicine, or chiropractic.

  (7) “Financial interest” means being:

  (A) a licensed practitioner of radiologic technology;

  (B) a person who deals in goods and services that are uniquely related to the practice of radiologic technology; or

  (C) a person who has invested anything of value in a business that provides radiologic technology services.

  (8) “Unauthorized practice” means conduct prohibited by section 2802 of this chapter and not exempted by section 2803 of this chapter.

  (9) “Direct supervision” means that the person being supervised remains in the physical presence of the supervisor at all times.

  (10) “General supervision” means that the supervisor is readily available for consultation or intervention on the premises where radiologic technology services are being provided.

  (11) “ARRT” means the American Registry of Radiologic Technologists.

  (12) “NMTCB” means the Nuclear Medicine Technologist Certification Board.

  (13) “Office” means the Office of Professional Regulation. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 40; 1999, No. 52, § 15; 2011, No. 116 (Adj. Sess.), § 38; 2019, No. 30, § 18.)

• § 2802. Prohibitions

  (a) [Repealed.]

  (b) A person shall not practice radiologic technology unless he or she is licensed in accordance with the provisions of this chapter.

  (c) A person shall not practice radiography without a license for radiography unless exempt under section 2803 of this chapter.

  (d) [Repealed.]

  (e) A person shall not practice nuclear medicine technology without a license for that purpose unless exempt under section 2803 of this chapter.

  (f) A person shall not practice radiation therapy technology without a license for that purpose unless exempt under section 2803 of this chapter. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 41; 1999, No. 52, § 16; 2011, No. 116 (Adj. Sess.), § 39; 2019, No. 30, § 18.)

• § 2803. Exemptions

  The prohibitions in section 2802 of this chapter shall not apply to dentists licensed under chapter 12 of this title and actions within their scope of practice nor to:

  (1) Licensed practitioners acting within the scope of practice for their licensed field, provided that their practice acts and rules adopted thereunder have been expressly found by the Director, in consultation with advisors appointed under this chapter, to match or surpass the training in radiation safety and proper radiation practices required by this chapter and rules adopted under this chapter.

  (2) Students of medicine, dentistry, podiatry, naturopathic medicine, or chiropractic when participating in a program approved or recognized by the Board of Medical Practice, Board of Dental Examiners, or Board of Chiropractic, as appropriate, and when under the general supervision of an instructor who is a licensed practitioner and when acting within the scope of practice for that licensed practitioner’s field.

  (3) Students in an approved school of radiologic technology under the general supervision of a licensed practitioner or licensed radiologic technologist.

  (4) Any person acting as an employee of the United States.

  (5) Any of the following when operating dental radiographic equipment to conduct intraoral radiographic examinations under the general supervision of a licensed practitioner; and any of the following when operating dental radiographic equipment to conduct specialized radiographic examinations, including tomographic, cephalometric, or temporomandibular joint examinations, if the person has completed a course in radiography approved by the Board of Dental Examiners and practices under the general supervision of a licensed practitioner:

  (A) a licensed dental therapist;

  (B) a licensed dental hygienist;

  (C) a registered dental assistant who has completed a course in radiography approved by the Board of Dental Examiners; or

  (D) a student of dental therapy, dental hygiene, or dental assisting as part of the training program when under the direct supervision of a licensed dentist, licensed dental therapist, licensed dental hygienist, or registered dental assistant.

  (6) Licensees certified in one of the three primary modalities set forth in section 2821a of this chapter preparing for postprimary certification in accordance with ARRT or NMTCB under the general supervision of a licensee already certified in the specific postprimary modality at issue.

  (7) Researchers operating bone densitometry equipment for body composition upon successful completion of courses on body composition and radiation safety approved by the Director. The Director shall not require this coursework to exceed eight hours. The Director may consider other exemptions from licensure for bona fide research projects subject to course and examination requirements as deemed necessary for public protection. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 42; 1999, No. 52, § 17; 2011, No. 116 (Adj. Sess.), § 40; 2015, No. 38, § 27, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 23; 2019, No. 30, § 18.)

• § 2804. Competency requirement of certain licensed practitioners

  (a) Unless the requirements of subdivision 2803(1) of this chapter have been satisfied, a licensed practitioner shall not apply ionizing radiation to human beings without first having satisfied the Director of his or her competency to do so.

  (b) The Director shall:

  (1) consult with the appropriate licensing boards concerning suitable performance standards; and

  (2) by rule, provide for periodic recertification of competency.

  (c) A person subject to the provisions of this section shall be subject to the fees established under subdivisions 2814(4) and (5) of this chapter.

  (d) This section does not apply to radiologists who are certified or eligible for certification by the American Board of Radiology, nuclear cardiologists who are certified or eligible for certification by the Certification Board of Nuclear Cardiology, or interventional cardiologists and electrophysiologists who are certified or eligible for certification by the American Board of Internal Medicine. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 43; 1995, No. 171 (Adj. Sess.), § 5; 1999, No. 52, § 18; 1999, No. 133 (Adj. Sess.), § 20; 2011, No. 116 (Adj. Sess.), § 41; 2015, No. 38, § 28, eff. May 28, 2015; 2017, No. 48, § 19; 2019, No. 30, § 18.)

• § 2805. Penalty and enforcement

  A person found guilty of violating section 2802 or 2804 of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 2007, No. 29, § 38; 2019, No. 30, § 18.)

• Subchapter 002: Administration

• § 2811. Regulation of radiologic technology; Director; advisor appointees

  (a)(1) The Director shall administer the provisions of this chapter.

  (2)(A) The Secretary of State shall appoint six persons of suitable qualifications in accordance with this section to advise the Director in matters concerning radiologic technology, radiologic safety, and the optimal administration of this chapter.

  (B) The Secretary shall appoint the advisors for five-year staggered terms. Four of the initial appointments shall be for four-, three-, two-, and one-year terms.

  (3) The Director shall consult the appointed advisors prior to exercising interpretive discretion, adopting or amending rules, and determining any substantial regulatory question presented in the course of administering this chapter.

  (b) One advisor shall be a member of the public who has no financial interest in radiologic technology other than as a consumer or possible consumer of its services. The public member shall have no financial interest personally or through a spouse.

  (c) One advisor shall be a radiologist certified by the American Board of Radiology.

  (d) Three advisors shall be licensed under this chapter, one representing each of the three following primary modalities: radiography, nuclear medicine technology, and radiation therapy.

  (e) One advisor shall be a representative from the radiological health program of the Vermont Department of Health.

  (f) [Repealed.] (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4; 1991, No. 167 (Adj. Sess.), § 44; 1997, No. 40, § 32; 2001, No. 151 (Adj. Sess.), § 26, eff. June 27, 2002; 2011, No. 116 (Adj. Sess.), § 42; 2019, No. 30, § 18.)

• § 2812. Director; powers and duties

  (a) The Director shall adopt rules necessary for the effective administration of this chapter, including:

  (1) a definition of the practice of radiologic technology, interpreting section 2801 of this chapter;

  (2) qualifications for obtaining licensure, interpreting sections 2821a and 2821b of this chapter;

  (3) explanations of appeal and other significant rights given to applicants and the public;

  (4) procedures for disciplinary and reinstatement cases;

  (5) [Repealed.]

  (6) procedures for mandatory reporting of unsafe radiologic conditions or practices;

  (7) procedures for continued competency evaluation;

  (8) procedures for radiation safety;

  (9) procedures for competency standards for license applications and renewals.

  (b) The Director shall:

  (1) [Repealed.]

  (2) [Repealed.]

  (3) investigate suspected unprofessional conduct;

  (4) periodically determine whether a sufficient supply of good quality radiologic technology services is available in Vermont at a competitive and reasonable price and take suitable action, within the scope of the Office’s powers, to solve or bring public and professional attention to any problem that it finds in this area; and

  (5) as a condition of renewal require that a licensee establish that he or she has completed a minimum of 24 hours of continuing education, the specific requirements of which may be specified by rule.

  (c) The Director may:

  (1) Refer cases of apparent improper radiologic technology practice to any occupational board with authority over the person concerned.

  (2) Investigate suspected cases of unauthorized practice of radiologic technology, and refer any such case to the Office’s State prosecuting attorney, the Attorney General, or a State’s Attorney for possible prosecution and injunctive relief.

  (3) Conduct hearings.

  (4) Administer oaths and issue subpoenas.

  (5) Issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced in the same manner as a subpoena.

  (6) Adopt rules relating to the procedures to be followed in handling complaints and conducting hearings under this chapter.

  (7) Receive assistance from the Attorney General or other State agencies, so long as the assistance is not contrary to any other State law.

  (8)(A) Conduct a competency evaluation where radiographic services are performed by licensees and licensed practitioners required to demonstrate competency under section 2804 of this chapter to ensure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose.

  (B) The Director may contract with the Department of Health or others to perform evaluations under this subdivision (8). (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4; 1991, No. 167 (Adj. Sess.) § 45; 1993, No. 108 (Adj. Sess.), § 12; 1999, No. 52, §§ 19, 20; 2011, No. 116 (Adj. Sess.), § 43; 2013, No. 27, § 32; 2019, No. 30, § 18.)

• § 2813. Repealed. 2019, No. 30, § 18.

• § 2814. Fees

  Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 65; 1991, No. 167 (Adj. Sess.), § 46; 1997, No. 59, § 60, eff. June 30, 1997; 1999, No. 49, § 180; 2001, No. 143 (Adj. Sess.), § 29, eff. June 21, 2002; 2011, No. 66, § 9, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 44; 2019, No. 70, § 21.)

• Subchapter 003: Licensing

• § 2821. Repealed. 2011, No. 116 (Adj. Sess.), § 45.

• § 2821a. License for primary modalities; common requirements

  The Director shall recognize and follow the ARRT and the NMTCB primary certification process. The Director shall issue a license to practice in one of the following three primary modalities to any person who in addition to the other requirements of this section, has reached the age of majority and has completed preliminary education equivalent to at least four years of high school:

  (1) Radiography. The Director shall issue a radiography license to any person who, in addition to meeting the general requirements of this section:

  (A) has graduated from a radiologic technology training program offered by a school of radiologic technology approved by ARRT; and

  (B) has obtained primary certification in radiography from ARRT.

  (2) Nuclear medicine technology. The Director shall issue a nuclear medicine technology license to any person who, in addition to meeting the general requirements of this section:

  (A) has graduated from a nuclear medicine technology program offered by a school of nuclear medicine technology approved by ARRT or NMTCB; and

  (B) has obtained primary certification in nuclear medicine technology from ARRT or NMTCB.

  (3) Radiation therapy. The Director shall issue a radiation therapy license to any person who, in addition to meeting the general requirements of this section:

  (A) has graduated from a radiation therapy training program offered by a school of radiologic technology approved by ARRT; and

  (B) has obtained primary certification in radiation therapy from the ARRT. (Added 2011, No. 116 (Adj. Sess.), § 47; amended 2019, No. 30, § 18.)

• § 2821b. License for postprimary modalities

  (a) The Director shall recognize and follow the ARRT and NMTCB postprimary certification process in the following postprimary practice categories: mammography, computed tomography (CT), cardiac-interventional radiography, vascular-interventional radiography, and positron emission tomography (PET).

  (b) In order for a licensee who has obtained one of the three primary ARRT or NMTCB certifications set forth in section 2821a of this subchapter to practice in one of the postprimary modalities set forth in subsection (a) of this section, the licensee must first obtain postprimary certification from ARRT or NMTCB for that category, except:

  (1) a person with a primary license in radiation therapy may perform CT for treatment simulation; and

  (2) a person with a primary license in nuclear medicine technology may perform CT for attenuation correction on hybrid imaging equipment, such as PET/CT and SPECT/CT scanners.

  (c) In order to practice bone densitometry or apply ionizing radiation using bone densitometry equipment, a primary certification and license in radiography is required, with the exception that individuals who perform quantitative computed tomography (QCT) bone densitometry must obtain postprimary certification in CT in addition to primary certification. (Added 2011, No. 116 (Adj. Sess.), § 48; amended 2017, No. 48, § 20; 2019, No. 30, § 18.)

• §§ 2822, 2823. Repealed. 2019, No. 30, § 18.

• § 2824. Repealed. 1999, No. 52, § 46.

• § 2825. Repealed. 2011, No. 116 (Adj. Sess.), § 50.

• § 2825a. Licensure by endorsement

  The Director may grant a license to an applicant who possesses a license in good standing in another state and possesses the applicable ARRT or NMTCB primary and postprimary certifications as set forth in sections 2821a and 2821b of this subchapter, respectively. (Added 2011, No. 116 (Adj. Sess.), § 51; amended 2019, No. 30, § 18.)

• Subchapter 004: Discipline

• §§ 2831, 2832. Repealed. 2019, No. 30, § 18.

• § 2833. Repealed. 1989, No. 250 (Adj. Sess.), § 92.