Amends TCA Title 4, Chapter 29 and Title 63, Chapter 6.

Present law establishes the Tennessee radiologic imaging and radiation therapy board of examiners, which has the authority to promulgate rules with regard to operators of radiologic imaging and radiation therapy equipment in hospitals, outpatient diagnostic centers, recuperation centers, physicians’ offices, or any other setting for human subjects. The board is set to terminate under present law on June 30, 2025. This bill causes the present law board to terminate as of the effective date of this bill.<br /> <br /> This bill authorizes the division of health related boards to, instead, promulgate rules with regard to the following:<br /> <br /> (1) Establishing qualifications for issuance of limited X-ray certifications to persons who practice in the areas of densitometry, chest, extremities, skull, sinus, and spine; <br /> <br /> (2) Establishing qualifications for the issuance of full X-ray certifications to persons who hold current and unrestricted national certifications from the American Registry of Radiologic technologists or any other equivalent nationally recognized radiologic organization by the division;<br /> <br /> (3) Establishing the minimum educational courses, curricula, hours, and standards that are required for the issuance of a limited certificate;<br /> <br /> (4) Selecting one or more examinations to be utilized as the division's limited certification examination and the prerequisites, if any, for admission to the examination. The division may contract directly with an examination service or select an intermediary between the division and an examination service to process applicants for the examination;<br /> <br /> (5) Establishing other criteria for the issuance of limited certificates that are reasonably related to the safe and competent performance of X-ray procedures;<br /> <br /> (6) Creating a mechanism for the accreditation of educational courses that qualify persons for limited certification and that meet the requirements established by rule under (3) above and that establish the causes and standards that are grounds for withdrawal of the course accreditation and the mechanism for withdrawal;<br /> <br /> (7) Establishing application and certification fees, renewal, and late renewal fees, and fees for application, renewal, and late renewal of educational course accreditation; and<br /> <br /> (8) Establishing course requirements and a method for proving compliance with biennial continuing education requirements for certificate holders.<br /> <br /> The certificates and accreditations issued under this bill must be renewed and may be retired and reactivated pursuant to rules promulgated by the division. A person holding a certificate issued may be disciplined for the same causes and under the same procedures established by the board of medical examiners and the board of osteopathic examination. <br /> <br /> This bill requires the standards established in (1)-(8) above to be at least as stringent as any requirements contained in federal law or regulations. People who have enrolled in a radiologic training program approved by the division are exempt from the certification requirements of this bill relating to X-ray procedures performed within or under the auspices of the program in which they are enrolled. In addition, people who have successfully completed a training program approved by the division are exempt from the certification requirements of this bill while awaiting the first opportunity to sit for the certification examination. However, the exemption should not exceed six months. This bill further exempts people who have taken the certification examination from the requirements of this bill while awaiting the scores of their certification examination. However, the duration of the exemption must not exceed 75 days. <br /> <br /> A person certified under this bill is prohibited from performing X-ray procedures without an order from a licensed physician, who exercises full supervision, responsibility, and control over the X-ray procedures being performed. This bill authorizes the division to promulgate rules to establish the levels of supervision required of physicians utilizing persons certified under this bill. <br /> <br /> This bill also prohibits a person from performing X-ray procedures in a physician’s office without being licensed as a physician or certified by the division under this bill. A physician’s office means anywhere the practice of medicine or osteopathy, where X-ray procedures are conducted, except where such practices are conducted in or under the auspices of a facility or entity licensed by the health facilities commission, but does not include the operation of a business in which X-ray procedures are performed that is not owned by a physician, group of physicians, medical professional corporation, limited liability medical professional company, or an entity or facility licensed by the health facilities commission, which is prohibited.<br /> <br /> ON APRIL 6, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1388, AS AMENDED.<br /> <br /> AMENDMENT #1 authorizes the board of medical examiners, instead of the division of health related boards, to establish and issue limited and full X-ray certifications under substantially the same conditions as the introduced bill would provide for the division.<br /> <br /> This amendment makes a stylistic change in moving from the definition of "physician's office" to a substantive provision the prohibition against a person operating a business in Tennessee in which X-ray procedures contemplated by this bill are performed at a business that is not owned by a physician, group of physicians, medical professional corporation, limited liability medical professional company, or an entity or facility licensed by the health facilities commission.<br />