The Vermont Statutes Online
§ 2851. Definitions
As used in this chapter:
(1) "ARRT" means the American Registry of Radiologic Technologists or its successor, as recognized by the Board.
(2) "Board" means the State Board of Medical Practice established under chapter 23 of this title.
(3) "Contract" means a legally binding written agreement containing the terms of employment of a radiologist assistant.
(4) "Disciplinary action" means any action taken by the Board against a certified radiologist assistant or an applicant or an appeal of that action when that action suspends, revokes, limits, or conditions certification in any way or when it results in a reprimand of the person.
(5) "Protocol" means a detailed description of the duties and scope of practice delegated by a radiologist to a radiologist assistant.
(6) "Radiologist" means a person licensed to practice medicine or osteopathy under chapter 23 or 33 of this title and who is certified by or eligible for certification by the American Board of Radiology or the American Osteopathic Board of Radiology or their predecessors or successors or who is credentialed by a hospital to practice radiology and engages in the practice of radiology at that hospital full-time.
(7) "Radiologist assistant" means a person certified by the State of Vermont under this chapter who is qualified by education, training, experience, and personal character to provide medical services under the direction and supervision of a radiologist.
(8) "Supervision" means the direction and review by a supervising radiologist, as determined to be appropriate by the Board, of the medical services provided by the radiologist assistant. At a minimum, supervision shall mean that a radiologist is readily available for consultation and intervention. A radiologist assistant may provide services under the direction and review of more than one supervising radiologist during the course of his or her employment, subject to the limitations on his or her scope of practice as set forth in this chapter and the protocol filed under subsection 2853(b) of this title. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
§ 2852. Certification and rulemaking
The Board shall certify radiologist assistants, and the Commissioner of Health shall adopt rules regarding the training, practice, supervision, qualification, scope of practice, places of practice, and protocols for radiologist assistants and regarding patient notification and consent. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
§ 2853. Application
(a) An application for certification shall be accompanied by an application by the proposed primary supervising radiologist that shall contain a statement that the radiologist shall be responsible for all professional activities of the radiologist assistant.
(b) An application for certification shall be accompanied by a protocol signed by one proposed supervising radiologist and proof of employment of the radiologist assistant by that radiologist or by the hospital at which the radiologist practices. The supervising radiologist who signs the protocol shall be deemed the primary supervisor of the radiologist assistant for the purposes of this chapter.
(c) The applicant shall submit to the Board any other information the Board considers necessary to evaluate the applicant's qualifications. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
§ 2854. Eligibility
To be eligible for certification as a radiologist assistant, an applicant shall:
(1) have obtained a degree from a radiologist assistant educational program that is recognized by the ARRT under its "Recognition Criteria for Radiologist Assistant Educational Programs" adopted on July 1, 2005, as periodically revised and updated;
(2) have satisfactorily completed the radiologist assistant certification examination given by the ARRT and be currently certified by the ARRT;
(3) be certified as a radiologic technologist in radiography by the ARRT;
(4) be licensed as a radiologic technologist in radiography in this State under chapter 51 of this title; and
[Subdivision (5) effective 60 days after the adoption of Board rules.]
(5) if the applicant has not engaged in practice as a radiologist assistant within the last three years, comply with the requirements for updating knowledge and skills as defined by Board rules. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)
§ 2855. Temporary certification
(a) The Board may issue a temporary certification to a person who applies for certification for the first time in this State and meets the educational requirements under subsection 2854 of this title.
(b) Temporary certification may be issued only for the purpose of allowing an otherwise qualified applicant to practice as a radiologist assistant until the applicant takes and passes the next ARRT certification examination and a determination is made that he or she is qualified to practice in this State.
(c) Temporary certification shall be issued upon payment of the specified fee for a fixed period of time to be determined by the Board and shall only be renewed by the Board if the applicant demonstrates proof of an exceptional cause. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
§ 2856. Renewal of certification
(a) At least one month prior to the date on which renewal is required, the Board shall send to each radiology assistant a renewal application form and notice of the date on which the existing certification will expire. On or before the renewal date, the radiologist assistant shall file an application for renewal, pay the required fee, and submit proof of current active ARRT certification, including compliance with continuing education requirements. The Board shall register the applicant and issue the renewal certification. Within one month following the date renewal is required, the Board shall pay the certification renewal fees into the Medical Practice Board Special Fund.
[Subsection (b) effective 60 days after the adoption of Board rules.]
(b) A certification that has lapsed may be reinstated on payment of a renewal fee and a late renewal fee. The applicant shall not be required to pay back renewal fees for the periods when certification was lapsed. However, if certification remains lapsed for a period of three years, the Board may require the applicant to update his or her knowledge and skills as defined by Board rules. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)
§ 2857. Supervision and scope of practice
(a) The number of radiologist assistants permitted to practice under the direction and supervision of a radiologist shall be determined by the Board after review of the system of care delivery in which the supervising radiologist and radiologist assistants propose to practice. Scope of practice and levels of supervision shall be consistent with guidelines adopted by the American College of Radiology, the American Society of Radiologic Technologists, and the ARRT. The authority of a radiologist assistant to practice shall terminate immediately upon termination of the radiologist assistant's employment, and the primary supervising radiologist shall immediately notify the Board and the Commissioner of the Department of Health of the termination. The radiologist assistant's authority to practice shall not resume until he or she provides proof of other employment and a protocol as required under this chapter.
(b) Subject to the limitations set forth in subsection (a) of this section, the radiologist assistant's scope of practice shall be limited to that delegated to the radiologist assistant by the primary supervising radiologist and for which the radiologist assistant is qualified by education, training, and experience. At no time shall the practice of the radiologist assistant exceed the normal scope of the supervising radiologist's practice. A radiologist assistant may not interpret images, make diagnoses, or prescribe medications or therapies. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
§ 2858. Unprofessional conduct
(a) The following conduct and the conduct described in section 1354 of this title by a certified radiologist assistant constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of certification:
(1) fraud or misrepresentation in applying for or procuring a certificate or in connection with applying for or procuring a periodic recertification as a radiologist assistant;
(2) occupational advertising that is intended or has a tendency to deceive the public;
(3) exercising undue influence on or taking improper advantage of a person using the radiologist assistant's services or promoting the sale of professional goods or services in a manner that exploits a person for the financial gain of the radiologist assistant or of a third party;
(4) failing to comply with provisions of federal or state law governing the profession;
(5) conviction of a crime related to the profession or conviction of a felony, whether or not related to the practice of the profession or failure to report to the Board of Medical Practice a conviction of any crime related to the practice of the profession or any felony in any court within 30 days of the conviction;
(6) conduct that evidences unfitness to practice in the profession;
(7) making or filing false professional reports or records, impeding or obstructing the proper making or filing of professional reports or records, or failing to file the proper professional report or record;
(8) practicing the profession when mentally or physically unfit to do so;
(9) failure to practice competently by reason of any cause on a single occasion or on multiple occasions constitutes unprofessional conduct. Failure to practice competently includes as determined by the Board:
(A) performance of unsafe or unacceptable patient care; or
(B) failure to conform to the essential standards of acceptable and prevailing practice;
(10) accepting and performing responsibilities that the person knows or has reason to know that he or she is not competent to perform;
(11) making any material misrepresentation in the practice of the profession, whether by commission or omission;
(12) holding one's self out as or permitting one's self to be represented as a licensed physician;
(13) performing otherwise than at the direction and under the supervision of a radiologist licensed by the Board;
(14) accepting the delegation of or performing or offering to perform a task or tasks beyond the person's scope of practice as defined by the Board;
(15) administering, dispensing, or prescribing any controlled substance other than as authorized by law;
(16) failing to comply with an order of the Board or violating any term or condition of a certification restricted by the Board;
(17) delegating professional responsibilities to a person whom the certified professional knows or has reason to know is not qualified by training, experience, education, or licensing credentials to perform;
(18) in the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions that degree of care, skill, and proficiency that is commonly exercised by the ordinary skillful, careful, and prudent professional engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred;
(19) habitual or excessive use or abuse of drugs, alcohol, or other substances that impair the radiologist assistant's ability to provide medical services; or
(20) revocation of certification to practice as a radiologist assistant in another jurisdiction on one or more of the grounds specified in subdivisions (1)-(19) of this subsection.
(b) A person aggrieved by a final order of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)
§ 2859. Disposition of complaints
(a) Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board.
(b) Any person, firm, corporation, or public officer may submit a written complaint to the Board alleging a radiologist assistant practicing in the State engaged in unprofessional conduct, specifying the grounds. The Board shall initiate an investigation of a radiologist assistant when a complaint is received or may act on its own initiative without having received a complaint.
(c) If the Board determines that the action of a radiologist assistant that is the subject of a complaint falls entirely within the scope of practice of a radiologic technologist in radiography, the Board shall refer the complaint to the Board of Radiologic Technology for review under chapter 51 of this title.
(d) After giving an opportunity for hearing, the Board shall take disciplinary action described in subsection 1361(b) of this title against a radiologist assistant or applicant found guilty of unprofessional conduct.
(e) The Board may approve a negotiated agreement between the parties when it is in the best interest of the public health, safety, or welfare to do so. That agreement may include any of the following conditions or restrictions, which may be in addition to or in lieu of suspension:
(1) A requirement that the person submit to care or counseling.
(2) A restriction that the person practice only under supervision of a named person or a person with specified credentials.
(3) A requirement that the person participate in continuing education in order to overcome specified practical deficiencies.
(4) A requirement that the scope of practice permitted be restricted to a specified extent.
(5) An administrative penalty not to exceed $1,000.00 for each act that constitutes an unprofessional conduct violation. Any money received from the imposition of an administrative penalty imposed under this subdivision shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members. The Commissioner shall detail in the annual report receipts and expenses from money received under this subsection.
(f) Upon application, the Board may modify the terms of an order under this section and, if certification has been revoked or suspended, order reinstatement on terms and conditions it deems proper. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)
§ 2860. Use of title
Any person who is certified to practice as a radiologist assistant in this State shall have the right to use the title "radiologist assistant" or "registered radiologist assistant" and the abbreviation "R.A." or "R.R.A." No other person may assume that title or use that abbreviation or any other words, letters, signs, or devices to indicate that the person using them is a radiologist assistant. A radiologist assistant shall not so represent himself or herself unless there is currently in existence a valid employment arrangement between the radiologist assistant and his or her employer or primary supervising radiologist and unless the protocol under which the radiologist assistant's duties are delegated is on file with and has been approved by the Board. (Added 2009, No. 103 (Adj. Sess.), § 19A, eff. May 12, 2010.)
§ 2861. Legal liability
(a) The primary supervising radiologist delegating activities to a radiologist assistant shall be legally liable for the activities of the radiologist assistant, and the radiologist assistant shall in this relationship be the radiologist's agent.
(b) Nothing contained in this chapter shall be construed to apply to nurses acting pursuant to chapter 28 of this title. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
§ 2862. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1)(A)(i) Original application for certification $120.00;
(ii) Each additional application $ 55.00;
(B) The Board shall use at least $10.00 of these fees to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the public, monitors and evaluates, coordinates services for, and promotes rehabilitation of licensees who have or potentially have an impaired ability to practice medicine with reasonable skill and safety.
(2)(A)(i) Biennial renewal $120.00;
(ii) Each additional renewal $ 55.00;
(B)(i) The Board shall use at least $10.00 of these fees to support the cost of maintaining the Vermont Practitioner Recovery Network, which, for the protection of the public, monitors and evaluates, coordinates services for, and promotes rehabilitation of licensees who have or potentially have an impaired ability to practice medicine with reasonable skill and safety.
(ii) In addition to the fee, an applicant for certification renewal shall submit evidence in a manner acceptable to the Board that he or she continues to meet the certification requirements of the ARRT and is licensed as a radiologic technologist under chapter 51 of this title.
(3) Transfer of certification $ 20.00.
(Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011; 2015, No. 57, § 16; 2017, No. 39, § 6.)
§ 2863. Notice of use of radiologist assistants
A radiologist who uses the services of a radiologist assistant shall post a notice to that effect in an appropriate place and include language in the patient consent form that the radiologist uses a radiologist assistant. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010.)
§ 2864. Penalty
(a) A person who, not being certified, holds himself or herself out to the public as being certified under this chapter shall be liable for a fine of not more than $10,000.00.
(b) In addition to the penalty provided in subsection (a) of this section, the Attorney General or a State's Attorney may bring a civil action to restrain continuing violations of this section. (Added 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)