007.35.22 Ark. Code R. § 002 - Rules Pertaining to Radiologic Technology Licensure
SECTION I.
AUTHORITY
These Rules pertaining to Radiologic Technology Licensure are duly adopted and promulgated by the Arkansas State Board of Health pursuant to the authority expressly conferred by the Laws of the State of Arkansas including, without limitation, Act 1071 of 1999, as amended, (Ark. Code Ann. 17-106-101 -111) and Act 96 of 1913 (Ark. Code Ann. 20-7-101 et seq).
SECTION II.
PURPOSE
These Rules are adopted for the purpose of regulating and licensing persons administering ionizing radiation to human beings to help keep the radiation dose to patients as low as reasonably achievable
SECTION III.
DEFINITIONS
A. 'Act' means Act 1071 of 1999, as amended
(Ark. Code Ann. §
17-106-111)
;
B. 'ACRRT' means the American
Chiropractic Registry of Radiologic Technologists;
C. 'Administering Ionizing Radiation' means
the application of a prescribed dose of ionizing radiation to the human body
for the purposes of diagnosis or treatment. Several factors determine the dose
received by the patient and these include but are not limited to the
positioning of the patient in a radiation field, the exposure to or
introduction of ionizing radiation, and the final image production. Each of
these factors are prime determinates in the total dose received by the
patient;
D. 'Advanced practice
nursing' means the delivery of health care services for compensation by
professional nurses who have gained additional knowledge and skills through
successful completion of an organized program of nursing education that
certifies nurses for advanced practice roles as advanced nurse practitioners,
certified nurse anesthetists, certified nurse midwives, and clinical nurse
specialists.
E. 'Apprenticeship'
means a program that meets the federal guidelines set out in 29 C.F.R. Part 29
, as existing on March 1, 2021, and approved by the United States Office of
Apprenticeship as meeting the requirements of an apprenticeship
F. 'ARRT' means the American Registry of
Radiologic Technologists;
G. 'ASCP'
means the American Society of Clinical Pathologists;
H. 'Automatic licensure' means granting the
occupational licensure without an individual having met occupational licensure
requirements provided under the Arkansas Code or by other provisions in these
Rules.
I. 'Board' means the
Arkansas State Board of Health;
J.
'Category' means a specific area of radiologic sciences, for which there is an
identified license and licensing requirements;
K. 'CCI', means Cardiovascular Credentialing
International;
L. 'Committee' means
the Medical Ionizing Radiation Licensure Committee;
M. 'Consumer' means a person who is a
resident of the state of Arkansas and who is not a Licensed Practitioner or
Radiologic Technologist or Licensed Technologist or Limited Licensed
Technologist under the Act;
N.
'Continuing Education Hour' means a period of instruction at least fifty to
sixty minutes in length;
O.
'Contrast Media' means material intentionally administered to the human body to
better define a part or parts radiographically;
P. 'Department' means the Arkansas Department
of Health;
Q. 'Direct Supervision
of Students' means responsibility for, and control of, radiation safety,
protection, and technical aspects of the application of ionizing radiation to
human beings for diagnostic or therapeutic purposes, with the parameters that
are outlined by educational accreditation agencies that are recognized by the
Board;
R. 'Fluoroscopy' means a
radiological examination that uses a fluorescent screen or image intensifier on
which the internal structure of the human body may be continuously viewed by
transmission of x-rays through the body;
S. 'Formal Education' means education
obtained through an approved United States Department of Education
Institution;
T. 'Formal
Examination' means an examination or evaluation specific to a profession which
tests the knowledge base in all three domains of learning: cognitive,
affective, and psychomotor;
U.
'Ionizing Radiation' means gamma rays, x-rays, alpha and beta particles, high
speed electrons, protons, neutrons, and other nuclear particles;
V. 'JRCERT' means the Joint Review Committee
for Education in Radiologic Technology;
W. 'Lapsed Licensee' means a licensee who has
let his/her Licensed Technologist License or Limited Licensed Technologist
License, Radiologic Technologist License, Radiation Therapy Technologist
License, or Nuclear Medicine Technologist License expire for more than five
years;
X. 'License' means a
certificate issued by the Committee authorizing the licensee to use radioactive
materials or medical equipment emitting or detecting ionizing radiation for
human diagnostic or therapeutic purposes in accordance with these
rules;
Y. 'Licensed Practitioner'
means a person licensed to practice medicine, dentistry, podiatric medicine,
chiropractic, osteopathy, or optometry in this state;
Z. 'Licensed Radiologic Technologist' means a
person who holds a national registry with the ARRT, ACRRT, NMTCB, and/or ASCP,
and who is licensed in the State of Arkansas;
AA. 'Licensed Technologist' means a person
other than a Licensed Practitioner, who is grandfathered under the Act and can
perform specific radiologic procedures and exams identified by a specific
license and who administers radioactive substances or uses medical equipment
emitting or detecting ionizing radiation for human diagnostic or therapeutic
purposes while under the supervision of a Licensed Practitioner;
BB. 'Limited License' means an authorization
to perform radiologic procedures under the supervision of a Licensed
Practitioner and are limited to specific parts of the human body, specific
procedures, or both, specifically of the chest and skeletal structures
excluding fluoroscopy and contrast studies;
CC. 'Limited Licensed Technologist' means a
person, other than a Licensed Practitioner, Radiologic Technologist, or
Licensed Technologist, while under the supervision of a Licensed Practitioner
and operates medical equipment emitting ionizing radiation for diagnostic
purposes on human beings that are limited to specific body parts, and who has
successfully passed a limited scope examination deemed appropriate by the
Board;
DD. 'Medical Dosimetrist'
means a person who is certified or eligible for certification by the Medical
Dosimetry Certification Board;
EE.
'NMTCB' means Nuclear Medicine Technology Certification Board;
FF. 'Nuclear Medicine Technologist' means a
person, other than a Licensed Practitioner, who performs therapeutic, in vivo,
imaging, procedures, prepares radiopharmaceuticals, and administers diagnostic
doses of radiopharmaceuticals to human beings while under supervision of a
Licensed Practitioner who is licensed as required to possess and use
radioactive materials;
GG.
'Occupational or professional license' means a license, certificate,
registration, permit, or other form of authorization required by law or rule
for an individual to engage in a particular occupation or profession
HH. 'Occupational or professional licensing
entity' means an office, board, commission, department, council, bureau, or
other agency of state government having authority to license, certify,
register, permit, or otherwise authorize an individual to engage in a
particular occupation or profession.
II. 'PET/CT License' means an authorization
to perform radiologic procedures under the supervision of a Licensed
Practitioner that is limited to radiologic procedures performed for PET/CT
procedures;
JJ. 'PET/CT
Technologist' means a person other than a Licensed Practitioner, who has
specific qualifications, education, certification, and responsibilities as
recognized by the Committee;
KK.
'Radiation Health/Medical Physicist' means a person who is certified or
eligible for certification in radiologic physics by the American Board of
Radiology, the American Board of Health/Medical Physics, or the American Board
of Science in Nuclear Medicine;
LL.
'Radiation Practitioner' means a Licensed Practitioner that has completed a
residency in radiology, nuclear medicine, or radiation oncology, and is
certified by the American Board of Radiology, the American Osteopathic Board of
Radiology, the American Board of Nuclear Medicine, or its equivalent;
MM. 'Radiation Therapist' means a person,
other than a Licensed Practitioner or Nuclear Medicine Technologist, who
applies radiation to humans for therapeutic purposes under the supervision of a
Licensed Practitioner;
NN.
'Radiographer' means a person other than a Licensed Practitioner, who uses
medical equipment emitting ionizing radiation for human diagnostic purposes
under the supervision of a Licensed Practitioner and holds a national
certification obtained through education and examination, licensed under the
Act;
OO. 'Radiography' means the
practice of the theory and technical aspects of the use of x-rays which are
used in the diagnosis and treatment of disease;
PP. 'Radiologic Technologist' means a person
other than a Licensed Practitioner, who is identified by category and who
administers radioactive substances or uses medical equipment emitting or
detecting ionizing radiation for human diagnostic or therapeutic purposes under
the supervision of a Licensed Practitioner, and holds a national certification
obtained through education and examination, licensed under the Act;
QQ. 'Radiologic Technology' is the science of
using a radioactive substance or medical equipment emitting or detecting
ionizing radiation of humans for diagnostic or therapeutic purposes;
RR. 'Radiologic Technology Student' means an
individual currently enrolled in and attending a school of radiologic
technology, radiation therapy, or nuclear medicine with recognized educational
accreditation who uses radioactive material on or applies ionizing radiation to
a human being while under the supervision of a Licensed Practitioner or a
Licensed Radiologic Technologist;
SS. 'RCIS' means Registered Cardiovascular
Invasive Specialist;
TT. 'RCIS
License' means an authorization to perform radiologic procedures under the
supervision of a Licensed Practitioner that are limited to fluoroscopic
radiologic procedures performed for cardiovascular interventional
procedures;
UU. 'RCIS Technologist'
means a person other than a Licensed Practitioner, Radiologic Technologist, or
Licensed Technologist, while under the supervision of a Licensed Practitioner
and operates medical equipment emitting ionizing radiation for fluoroscopic
cardiovascular interventional radiologic purposes on human beings that are
limited to specific body parts and only for cardiovascular interventional
procedures, who has successfully completed educational requirements and passed
an examination deemed appropriate by the Committee;
VV. 'Reciprocity' means the Board may accept
an applicant's current certificate, registration, or license issued by another
state, provided that it is substantially similar and meets the requirements of
Section VIII of these Rules;
WW.
'Retired' means a license holder who notifies the Department in writing that
the individual will cease the practice of Radiologic Technology;
XX. 'Scaled Score' means a score that is
consistent from exam to exam despite differences in difficulty that may be
present among the exams. A scaled score takes into account any differences in
exam difficulty. A scaled score represents the same level of performance for
all exams.
YY. 'Skeletal
Structures' means extremities, skull, sinuses, spine, ankle, and foot of the
human body;
ZZ. 'Suspended
licensee' means a license holder who after sixty days of expiration date,
failed to pay the renewal fee and/or provide documentation of six hours of
continuing education credits;
AAA.
'Temporary License' means a certificate issued by the Board, authorizing the
applicant to use radioactive materials or medical equipment emitting or
detecting ionizing radiation for human diagnostic or therapeutic purposes, when
licensure or relicensure is pending before the Board and when the issuance may
be justified by special circumstances as determined by the Board.
BBB. 'Uniformed service member' means an
active or reserve component member of the United States Air Force, United
States Army, United States Coast Guard, United States Marine Corps, United
States Navy, United States Space Force, or National Guard; an active component
member of the National Oceanic and Atmospheric Administration Commissioned
Officer Corps; or an active or reserve component member of the United States
Commissioned Corps of the Public Health Service.
CCC. 'Uniformed service veteran' means a
former member of the United States uniformed services discharged under
conditions other than dishonorable.
SECTION IV.
GENERAL REQUIREMENTS AND
RESTRICTIONS
A. No person, other than a
Licensed Practitioner, Radiologic Technologist, Licensed Technologist, or
Limited Licensed Technologist shall use radioactive materials or medical
equipment emitting or detecting ionizing radiation on human beings for
diagnostic or therapeutic purposes.
B. A person holding a license under the Act
or these rules shall use medical equipment emitting or detecting ionizing
radiation on a human being only by prescription of a Licensed Practitioner or
an advanced practice nurse.
C. No
person shall knowingly or negligently employ a person to apply ionizing
radiation or administer radiopharmaceuticals to a human being or otherwise
engage in the practice of radiologic technology unless the person possesses a
valid license issued under the provisions of the Act or these rules within that
specific category.
D. A person
shall not apply ionizing radiation or administer radiopharmaceuticals to a
human being or otherwise engage in the practice of radiologic technology unless
the person possesses a valid license issued under the Act or these
rules.
E. Eligibility for retired
status requires that the individual sign an agreement not to engage to any
extent whatsoever in actual patient contact in the provision of: radiologic
technology, management of radiologic technology, education of persons involved
or seeking to become involved in radiologic technology, in commercial sales,
services, or applications with respect to any aspect of radiologic technology
or items, services, or devices used in that technology.
F. Based on identified specific educational
requirements and/or examinations, the Board may recognize emerging modalities
in radiological sciences and procedures.
SECTION V.
EXEMPTIONS
A. Licensed Practitioners, individuals
licensed to practice medicine, dentistry, podiatric medicine, chiropractic,
optometry or osteopathy in this state, dental hygienists, registered dental
assistants with the expanded duty of radiography, radiation health physicists,
radiation medical physicists, chiropractic externs, bone densitometrists and
certified medical dosimetrists are exempt from the requirement of obtaining a
license to apply ionizing radiation or administer
radiopharmaceuticals.
B. The
requirement for a license shall not apply to a student enrolled in and
attending a school of radiologic technology, radiation therapy, nuclear
medicine technology chiropractic radiologic technology or cardiovascular
intervention with recognized education accreditation, who uses radioactive
material on or applies ionizing radiation to a human being for diagnostic or
therapeutic purposes while under the supervision of a Licensed Practitioner or
Licensed Radiologic Technologist.
C. The requirement for a license shall not
apply to a student enrolled in and attending a health care profession school
that is recognized by the United States Department of Education or the Arkansas
Department of Higher Education that has radiologic sciences taught in part of
the educational process who uses equipment emitting or detecting ionizing
radiation.
D. Nothing in the
provisions of the Act or these rules relating to Radiologic Technology shall
limit, enlarge, or affect the practice of Licensed Practitioners herein
defined.
SECTION VI.
LICENSES REQUIRED
A. A Radiologic Technologist License is
required for any individual who holds a national registry with the American
Registry of Radiologic Technologists, Nuclear Medicine Technology Certification
Board, or the American Society of Clinical Pathologists and uses medical
equipment emitting or detecting ionizing radiation or administers
radiopharmaceuticals for human diagnostic or therapeutic purposes.
B. A Licensed Technologist License is
required for any individual who uses medical equipment emitting or detecting
ionizing radiation for human diagnostic or therapeutic purposes under the
supervision of a Licensed Practitioner and is licensed under the "Grandfather"
provision in the Act.
C. A Limited
Licensed Technologist License is required for any individual who is under the
supervision of a Licensed Practitioner and uses medical equipment emitting
ionizing radiation for human diagnostic purposes for radiographic examination
of the chest or skeletal areas. This license is obtained by successful
completion of the examination by the American Chiropractic Registry of
Radiologic Technologists or an examination approved by the Arkansas State Board
of Health
D. An RCIS license is
required for any individual who is under the supervision of a Licensed
Practitioner and operates medical equipment emitting ionizing radiation for
fluoroscopic radiologic purposes on human beings that are limited to specific
body parts and only for cardiovascular interventional procedures. This license
is obtained by successful completion of an examination deemed appropriate by
the Committee and approved by the Board.
E. A Temporary License may be issued by the
Board to any individual whose licensure or relicensure may be pending and when
issuance may be justified by special circumstances. A temporary license shall
be issued only if the Board finds that it will not violate the purpose of the
Act or theses rules or endanger the public health and safety. A temporary
license shall not remain in force longer than one hundred and eighty days. No
more than two temporary licenses shall be issued to any individual within a
specific category. The Committee may extend the temporary license if the
individual demonstrates to the committee a hardship or a continual progression
in fulfilling the educational and certification requirements recognized by the
Committee.
F. Only temporary
license holders, who have graduated from accredited educational programs,
recognized by the Board, and are awaiting examination and licensure may perform
fluoroscopy or administer contrast media. Temporary license holders for limited
scope, may only perform the radiologic procedures on human beings for which
they are preparing to take the examination.
G. Reactivation of retired license may be
reinstated when the individual must pay the renewal fee and provide
documentation of six hours of continuing education credits within the year
prior to renewal.
H. Renewal of a
lapsed license for a licensee who has allowed their Licensed Technologist
License or Limited Licensed Technologist License lapse for five years or less
will be permitted on the basis of payment of the required renewal fee, an
accrued late fee and completion of a minimum of six hours per year continuing
education for each year license has lapsed.
I. Renewal of a lapsed license for a licensee
who has let their Licensed Technologist License or Limited Licensed
Technologist License expire for more than five years will be based on payment
of the required renewal fee, late fee and successful completion of the
licensing examination approved by the State of Arkansas. Renewal of a lapsed
license for an ARRT or its equivalent technologist who has let their Radiologic
Technologist License, Radiation Therapy License or Nuclear Medicine Technology
License expire for more than five years will be based on payment of the
required renewal fee, late fee, and documentation from the ARRT, NMTCB, ACRRT
or CCI of a current valid registry card.
SECTION VII.
AUTOMATIC
LICENSURE UNDER ACT 135 of 2021
A. Applicability
(1) This Rule applies to a:
(a) uniformed service member stationed in the
State of Arkansas;
(b) uniformed
service veteran who resides in or establishes residency in the State of
Arkansas;
(c) The spouse of (a) or
(b) including a:
(i) uniformed service member
who is assigned a tour of duty that excludes the spouse from accompanying the
uniformed service member and the spouse relocates to Arkansas;
(ii) uniformed service member who is killed
or succumbs to his or her injuries or illness in the line of duty if the spouse
establishes residency in Arkansas.
B. Automatic Licensure
(1) Automatic Licensure shall be granted to
persons listed in Section VII.A. if:
(a) The
person is a holder in good standing of occupational licensure with similar
scope of practice issued by another state, territory, or district of the United
States; and,
(b) The person pays
the licensure fee in Section XV.
C. Credit toward initial licensure
(1) Relevant and applicable uniformed service
education, training, or service-issued credential shall be accepted toward
initial licensure for a uniformed service member or a uniformed service veteran
who makes an application within one (1) year of his or her discharge from
uniformed service.
D.
Expiration Dates and Continuing Education
(1)
A license expiration date shall be extended for a deployed uniformed service
member or spouse for one hundred eighty (180) days following the date of the
uniformed service member's return from deployment.
(2) A uniformed service member or spouse
shall be exempt from continuing education requirements in Section XX. for one
hundred eighty (180) days following the date of the uniformed service member's
return from deployment.
(3) Any
uniformed service member or spouse exercising the exemption shall provide
evidence of completion of continuing education before renewal or grant of a
subsequent license.
SECTION
VIII.
RECIPROCITY UNDER ACT 426 OF
2019
A. Required
Qualifications. An applicant applying for reciprocal licensure shall meet the
following requirements:
(1) The applicant
shall hold a substantially similar license in another United States
jurisdiction.
(a) A license from another state
is substantially similar to an Arkansas Radiologic Technology license if the
other state's licensure qualifications require:
(i) Graduation from an accredited Radiologic
Technology School; and
(ii) Pass
the applicable exam as listed in Section XIV.A of these Rules.
(b) The applicant shall hold his
or her occupational licensure in good standing;
(c) The applicant shall not have had a
license revoked for:
(i) An act of bad faith;
or
(ii) A violation of law, rule,
or ethics;
(d) The
applicant shall not hold a suspended or probationary license in a United States
jurisdiction;
(2) The
applicant shall be sufficiently competent in the Radiologic
Technology;
B. Required
documentation. An applicant shall submit a fully executed application, the
required fee, and the documentation described below.
(1) As evidence that the applicant's license
from another jurisdiction is substantially similar to Arkansas', the applicant
shall submit the following information:
(a)
Evidence of current and active licensure in that state. The Board may verify
this information online if the jurisdiction at issue provides primary source
verification on its website or by telephone to the other's state's licensing
board; and
(b) Evidence that the
other state's licensure requirements match those listed in A.1.a. The Board may
verify this information online or by telephone to the other's state's licensing
board.
(2) To demonstrate
that the applicant meets the requirements in A.1.b. through A.1.d., the
applicant shall provide the Board with:
(a)
The names of all states in which the applicant is currently licensed or has
been previously licensed;
(b)
Letters of good standing or other information from each state in which the
applicant is currently or has ever been licensed showing that the applicant has
not had his license revoked for the reasons listed in A.1.c. and does not hold
a license on suspended or probationary status as described in A.1.d. The Board
may verify this information online if the jurisdiction at issue provides
primary source verification on its website or by telephone to the other's
state's licensing board.
(3) As evidence that the applicant is
sufficiently competent in the field of Radiologic Technology, an applicant
shall pass the applicable exam as listed in Section XII.A of these
Rules.
SECTION
IX.
PROVISIONAL LICENSE UNDER ACT 1011 OF
2019
A. The Board shall
issue a provisional license immediately upon receipt of the application, the
required fee, and the documentation required under Section VIII B.1.a. and
b.
B. The provisional license shall
be effective for six months unless the Board determines that the applicant does
not meet the requirements in Radiologic Technology in which case the
provisional license shall be immediately revoked.
C. An applicant may provide the rest of the
documentation required above in order to receive a regular license, or the
applicant may only provide the information necessary for the issuance of a
provisional license.
SECTION
X.
LICENSE FOR A PERSON FROM A STATE THAT
DOESN'T LICENSE PROFESSION UNDER ACT 1011 OF 2019.
A. Required Qualifications. An applicant from
a state that does not license Radiologic Technologists shall meet the following
requirements:
(1) The applicant shall be
sufficiently competent in the Radiologic Technology; and
(2) Current registration with the American
Registry of Radiologic Technologists.
B. Required documentation. An applicant shall
submit a fully executed application, the required fee, and the documentation
described below.
(1) As evidence that the
applicant is sufficiently competent in the field Radiologic Technology, an
applicant shall pass the applicable exam as listed in Section XIV.A of these
Rules.
SECTION
XI.
RECIPROCITY AND STATE-SPECIFIC EDUCATION
UNDER ACT 1011 OF 2019.
A.
The Board shall require an applicant to take the Limited Scope Radiologic
Technologist exam if the applicant is licensed in another state that does not
offer reciprocity to Arkansas residents that is similar to reciprocity provided
to out-of-state applicants in Section VIII.
SECTION XI.
RECIPROCITY AND
STATE-SPECIFIC EDUCATION UNDER ACT 1011 OF 2019.
A. Reciprocity in another state will be
considered similar to reciprocity under Section VIII if the reciprocity
provisions in the other state:
(1) Provide the
least restrictive path to licensure for Arkansas applicants;
(2) Do not require Arkansas applicants to
participate in the apprenticeship, education, or training required as a
prerequisite to licensure of a new professional in that state, except that the
state may require Arkansas applicants to participate in continuing education or
training that is required for all professionals in that state to maintain the
licensure.
(3) Do not require
Arkansas applicants to take a state-specific education unless required to do so
under the same conditions described in Section VIII.
SECTION XII.
PRE-LICENSURE PROHIBITNG OFFENSE
DETERMINATION
A. Pursuant
to Act 990 of 2019, an individual may petition for a pre-licensure
determination of whether the individual's criminal record will disqualify the
individual from licensure and whether a waiver may be obtained.
B. The individual must obtain the
pre-licensure criminal background check petition form from the Medical
Ionizing Radiation Licensure Committee (MIRLC).
C. The MIRLC will respond
with a decision in writing to a completed petition within a reasonable
time.
D. The MIRLC
response will state the reason(s) for the decision.
E. All decisions of the
MIRLC in response to the petition will be determined by the
information provided by the individual.
F. Any decision made by the
MIRLC in response to a pre-licensure criminal background check
petition is not subject to appeal.
G. The MIRLC will retain a
copy of the petition and response and it will be reviewed during the formal
application process.
SECTION
XIII.
WORK PERMIT UNDER ACT 746 of
2021
The Radiologic Technology Licensure Program shall grant an occupational or professional license under this section to an individual who fulfills the requirements to practice an occupation or profession in this state and is a person who holds a Federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a "work permit".
SECTION
XIV.
QUALIFICATIONS FOR
EXAMINATIONS
A. Accepted
Examinations. The accepted examinations for licensure are the ARRT, NMTCB,
ASCP, ACRRT or CCI examinations for the licensing examinations approved by the
Board. The categories of examinations approved by the Board are: Radiography,
Radiation Therapy, Nuclear Medicine Technology, Limited Chest, Limited Spine,
Limited Extremities, Limited Skull and Sinus, Limited Ankle and Foot and
RCIS.
B. Process for Examination
Qualifications. The applicant shall apply for any examination for licensure by
providing the Department with the necessary information on the examination
application form provided by the Department.
C. Examination pass/fail. The minimum passing
score shall be a scaled score of 70.
D. Re-examination. Upon payment of
examination fee and completion of the examination application process, there
will be no limitation on the number of times the examination can be
taken.
SECTION XV.
FEES
A.
Examination Fee. The examination fee will be set by the vendor contracted with
the department to administer the examinations that meet the requirements of the
Arkansas State Board of Health. This fee is non-refundable.
B. License Fee. The license fee shall be
forty-five dollars for one category. The license fee for more than one category
shall be sixty-five dollars. This fee is non- refundable.
C. Temporary Fee. The temporary fee shall be
forty-five dollars for each additional temporary license. The temporary license
may be renewed once. The temporary license fee will be transferred to the
license fee following successful completion of the examination, for a period of
one hundred eighty days with the renewal date being one hundred eighty days
from the date of the original temporary license that was issued. If a test is
not available, the renewal date will be the date when the examination is
available. This fee is non-refundable.
D. Student Temporary Fee. The fee shall be
forty-five dollars and may be renewed once. There will not be an additional fee
for renewal if successful completion of the ARRT, NMTCB, ACRRT, CCI or other
licensing examination approved by the Board has occurred. This will apply for a
student in an approved United States Department of Education school. This fee
will be transferred to the license fee for a period of one year. This fee is
non-refundable.
E. Late Fee. The
late fee will be fifty percent of the license fee. The late fee will be accrued
on the expiration date of the license. This fee is non-refundable.
SECTION XVI.
FEE WAIVER UNDER ACT 725 OF 2021
A. Pursuant to Act 725 of 2021, an applicant
may receive a waiver of the initial licensure fee, if eligible. Eligible
applicants are applicants who:
(1) Are
receiving assistance through the Arkansas, or current state of residence
equivalent, Medicaid Program, the Supplemental Nutrition Assistance Program
(SNAP), the Special Supplemental Nutrition Program for Women, Infants, and
Children (SSNP), the Temporary Assistance for Needy Families Program (TEA), or
the Lifeline Assistance Program (LAP);
(a)
Were approved for unemployment within the last twelve (12) months; or
(b) Have an income that does not exceed two
hundred percent (200%) of the federal poverty income guidelines.
B. Applicants shall
provide documentation showing their receipt of benefits from the appropriate
State Agency.
(1) For Medicaid, SNAP, SSNP,
TEA, or LAP, documentation from the Arkansas Department of Human Services
(DHS), or current state of residence equivalent agency;
(2) For unemployment benefits approval in the
last twelve (12) months, the Arkansas Department of Workforce Services, or
current state of residence equivalent agency; or
(3) For proof of income, copies of all United
States Internal Revenue Service Forms indicating applicant's total personal
income for the most recent tax year e.g., "W2," "1099," etc.
C. Applicants shall attest that
the documentation provided under B is a true and correct copy and fraudulent or
fraudulently obtained documentation shall be grounds for denial or revocation
of license.
SECTION XVII.
DISPLAY OF LICENSE
Licensees shall display the official license document or a copy of the license, which has been notarized by a notary public in each place of employment, and the document shall be made available upon its request. The licensee shall display their license at the primary location of employment, or where the licensee is regularly scheduled to work. The licensee can have a notarized copy on file when working at a facility other than their primary place of work.
SECTION XIII.
RENEWAL DATE
A. A license shall be renewed annually. The
renewal date shall be one year from the date of issuance.
B. A temporary license may be renewed once at
the end of the one hundred eighty-day period for the temporary
license.
SECTION XIX.
EDUCATIONAL PROGRAM STANDARDS
The standards the Board will accept for Educational Programs in Radiologic Technology are programs that are accredited by the United States Department of Education through the Joint Review Committee on Education in Radiologic Technology, Joint Review Committee on Educational Programs in Nuclear Medicine Technology, Chiropractic Radiologic Technology and Cardiovascular Credentialing International, or equivalent.
SECTION XX.
CONTINUING
EDUCATION STANDARDS
A. A
minimum of six hours of continuing education is required for license renewal
for all license holders. A continuing education hour is defined as being equal
to fifty to sixty minutes. Educational activities of thirty to forty-nine
minutes in duration will be awarded one-half continuing education credit.
Educational activities longer than one hour will only be awarded half and whole
hour credits. Educational activities less than thirty minutes will receive no
credit. The continuing education will be required on a prorated basis for
temporary license holders. If a temporary license has been renewed, the holder
will be required to meet the full six hours of education.
B. The six hours of continuing education is
to have been acquired within the year preceding the date of renewal.
C. Three of the six hours must be in the
Radiologic Sciences, in the core areas of all licenses such as radiation
protection, equipment operation and maintenance, image production and
evaluation, patient care and management and radiopharmaceuticals. The other
three hours may be in other areas related to health care.
D. Continuing education may be provided by
the licensed practitioner or a hospital inservice education department. The
sponsor of the continuing education must provide specific information on the
continuing education forms provided by the Department. Request for approval
must be made to the Committee at least thirty days prior to the educational
activity.
E. The information
required is a request approval form, objectives, outline and lecture or
presenter curriculum vita.
F. The
Committee will review the information and if approved, the Committee will
assign a continuing education approval number.
G. The sponsor shall document attendance at
continuing education and shall provide documentation in suitable format to the
Department.
H. The participant must
keep a record of his/her continuing education and submit the information on the
annual renewal form for license renewal. The Committee may perform random
checks to evaluate attendance at the continuing education.
I. The Committee shall accept the following
as continuing education lecturers or presenters: Licensed Practitioner,
Registered Radiologic Technologist, Medical/Health Physicist, Health Care
Professional who has attended formal education and passed a formal examination
specific for the health care area of interest, and company or service
representatives in Radiologic Technology. The Committee will also consider
other individuals who demonstrate expertise through the submitted curriculum
vitae, education, or work experience relative to the education to be
presented.
J. The approved
continuing education and assigned approval number will be effective for a
period of three years or until substantial changes in content have occurred,
whichever comes first. A new approval must be requested after a period of three
years or if substantial changes have been made to the lecture
content.
K. The licensee can only
use a continuing education approval number once during the renewal
period.
L. Continuing Education
approved by other organizations such as the American Society of Radiologic
Technologists, Society of Nuclear Medicine, American Medical Association,
American Podiatric Medicine Association, or the American Chiropractic
Association, may be accepted. The Committee reserves the right to deny
continuing education approved by other organizations. The name and number for
the continuing education assigned by other approval processes must be provided
on the form. The Committee will accept confirmation forms provided by other
approved processes.
M. If the
minimum amount of continuing education is not met, or the continuing education
is not approved, the licensee will be placed on probation and has sixty days to
complete the required continuing education to receive a renewal license. If the
education is not completed the licensee will be considered a lapsed
licensee.
N. Licensees awarded the
retired status are exempt from the continuing education requirements so long as
they remain on retired status.
SECTION
XXI.
"EARN AND LEARN" UNDER ACT 811 of
2021
A. Pursuant to Act
811 of 2021, an applicant shall receive a Limited Licensed Technologist License
if they meet the criteria set forth below.
(1)
An applicant for licensure under this Rule shall provide satisfactory proof of
completion of apprenticeship via official documentation from the apprenticeship
program. This documentation may be in the form of a certificate, diploma, or
similar official credential, or letter on official program
letterhead.
(2) An applicant for
licensure under this Rule shall provide satisfactory documentation that the
completed apprenticeship program meets the federal guidelines set out in 29
C.F.R. Part 29 , as existing on March 1, 2021, and that the program has been
approved by the United States Office of Apprenticeship or the Arkansas
Department of Workforce Services.
(3) An applicant for licensure under this
Rule shall meet all the other non-educational requirements for licensure under
these Rules, including Sections VI., XIV, XV and XVI.
(4) If an applicant is denied a license for
failing to meet the criteria in A-C., the applicant shall be provided the
reason for denial in writing.
SECTION XXII.
ADMINISTRATION
A. The license of a Radiologic Technologist,
Licensed Technologist, or Limited Licensed Technologist may be suspended or
revoked, or the individual may be censured, reprimanded or otherwise sanctioned
by the Board in accordance with the provisions and procedures of this act if,
after due process, it is found that the individual:
(1) Is guilty of fraud or deceit in the
procurement or holding of the license;
(2) Has been convicted of a felony listed
under A.C.A. § 17-3-102;
(3) Is or
has been afflicted with any medical problem, disability, or addiction, which,
in the opinion of the Board, would impair professional competence;
(4) Has knowingly aided and abetted a person
who is not a Radiologic Technologist, Licensed Technologist, or Limited
Licensed Technologist, or otherwise authorized by the Act or these rules, to
perform the duties of a license holder;
(5) Has undertaken or engaged in any practice
beyond the scope of duties permitted a license holder under the Act or these
rules;
(6) Has impersonated a
license holder or former license holder or is performing the duties of a
Radiologic Technologist, Licensed Technologist, or Limited Licensed
Technologist under an assumed name;
(7) Has been found guilty of violations of
the Code of Ethics as established by these rules;
(8) Has applied ionizing radiation without
the prescription of a Licensed Practitioner;
(9) Has interpreted a diagnostic image for a
fee;
(10) Is, or has been found
guilty of incompetence or negligence in his performances as a license holder;
or
(11) Failure to comply with any
provision of the Act or these rules.
B. Proceedings against the holder of a
license shall be instituted by filing a written charge or charges with the
Committee. The charge or charges may be brought by a person, corporation,
association, public officer, or the Board. The chairperson of the Committee
shall appoint a subcommittee of three (3) Committee members to examine the
charge or charges and prepare a written recommendation to the Committee stating
whether the charge or charges should be dismissed or brought against the
licensee. If the Committee determines that the charge or charges contain
sufficient merit, the Chairperson shall set a time and place for a hearing.
A copy of the charge or charges, together with the notice of the time and place of the hearing, shall be served on the person charged either in person or by registered mail at least thirty (30) days before the date set for the hearing. The accused shall have the right to appear at the hearing with counsel, to answer the charge or charges, crossexamine witnesses, and produce evidence and witnesses in his defense. The Committee shall have the power to issue subpoenas for the appearance of witnesses and take testimony under oath.
C. Any licensee who
violates any provision of the Act, or any rule or order made pursuant to the
Act shall be subject to a cease and desist order and a fine of not more than
one thousand dollars ($1,000.00) per incident.
D. All hearings and appeals shall be pursuant
to the provisions of the Arkansas Administrative Procedure Act, as amended, §
25-15-201 et
seq.
SECTION XXIII.
CODE OF ETHICS
A radiologic technologist, licensed technologist, or a limited licensed technologist shall abide by the following:
A. The Licensee conducts herself or himself
in a professional manner, responds to patient needs and supports colleagues and
associates in providing quality patient care.
B. The Licensee acts to advance the principle
objective of the profession to provide services to humanity with full respect
for the dignity of mankind.
C. The
Licensee delivers patient care and service unrestricted by the concerns of
personal attributes or the nature of the disease or illness, and without
discrimination on the basis of sex, race, creed, religion, or socioeconomic
status.
D. The Licensee practices
radiologic technology founded upon theoretical knowledge and concepts, uses
equipment and accessories consistent with the purposes for which they were
designed, and employs procedures and techniques appropriately.
E. The Licensee assesses situations;
exercises care, discretion, and judgment; assumes responsibility for
professional decisions; and acts in the best interest of the patient.
F. The Licensee acts as an agent through
observation and communication to obtain pertinent information for the physician
to aid in the diagnosis and treatment of the patient and recognizes that
interpretation, diagnosis, ordering and prescribing radiologic examinations are
outside the scope of practice for licensees.
G. The Licensee respects confidences
entrusted in the course of professional practice, respects the patient's right
to privacy and reveals confidential information only as required by law or to
protect the welfare of the individual or the community.
A. The Licensee continually strives to
improve knowledge and skills by participating in continuing education and
professional activities and sharing knowledge with colleagues.
SECTION XXIV.
SEVERABILITY
If any provision of these Rules or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these Rules which can give effect without the invalid provisions or application, and to this end the provisions hereto are declared severable.
SECTION
XXV.
REPEAL
All rules and parts of rules in conflict herewith are hereby repealed.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.