An Act To Amend the Laws Governing Licensure of Workers in the Field of Radiologic Technology
Maine Legislature, Session 122, LD 1770
Committee: Business, Research and Economic Development
Sponsors: BROMLEY, SMITH, HOBBINS, RECTOR
Amends: 32 MRSA §9852, 32 MRSA §9853, 32 MRSA §9854, 32 MRSA §9855, 32 MRSA §9857, 32 MRSA §9858, 32 MRSA §9859

Legislative Document 
No. 1770 
S.P.687 
In Senate, December 30,2005 
An Act To Amend the Laws Governing Licensure of Workers in the 
Field of Radiologic Technology 
(EMERGENCY) 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Business, Research and Economic Development pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401. 
Presented by Senator BROMLEY of Cumberland. 
Cosponsored by Representative SMITH of Monmouth and 
Senator: HOBBINS of York, Representative: RECTOR of Thomaston. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this legislation, which amends the laws governing 
medical radiologic technology by clarifying the scope of practice 
for this profession and by providing for reciprocal licensure for 
qualified applicants 
from 
other jurisdictions, 
needs 
to take 
effect as soon as possible to protect the health and safety of 
the residents of this State; and 
Whereas. in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §9852. as enacted by PL 1983, c. 
524, is 
amended to read: 
§9852. Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
indicates 
otherwise, the following terms have the following meanings. 
1. 
Board. 
"Board" means the Radiologic Technology Board of 
Examiners. 
2. 
Dental 
radiographer. 
"Dental 
radiographer" 
means 
a 
person, other than a licensed practitioner, whose duties include 
radiography of the maxilla, mandible and adjacent structures for 
diagnostic purposes and who is licensed under chapter 16. 
3. 
Ionizing radiation. 
"Ionizing radiation" means gamma 
rays and x rays; alpha and beta particles, high-speed electrons, 
neutrons, 
protons 
and 
other 
nuclear 
particles; 
but 
not 
ultrasound, 
sound or radio waves, magnetic fields or visible, 
infrared or ultraviolet light. 
4. 
License. 
"License" means a certificate issued by the 
board authorizing the licensee to use radioactive materials or 
equipment 
emitting 
ionlzlng 
radiation 
on 
human 
beings 
for 
diagnostic 
or 
therapeutic 
purposes 
in 
accordance 
with 
the 
provisions of this Aet chapter. 
4-A. 
Li~_psed-----p~uci~. 
"Licensed physician" 
mea~ 
person licensed to practice medicine or osteopathy in this State. 
Page l-LR3004(1) 
5. 
Licensed practitioner. 
"Licensed practitioner" means a 
person licensed to practice medicine, dentistry, chiropractic, 
podiatry or osteopathy in this State. 
6. 
Nuclear 
medicine 
technologist" means a person, 
who uses radionuclide agents 
and therapeutic purposes. 
technologist. 
"Nuclear 
medicine 
other than a licensed practitioner, 
on human beings for diagnostic eF 
1. 
Nuclear 
medicine 
technology. 
"Nuclear 
medicine 
technology" means 
the use of radionuclides 
iB--vive on human 
beings 
for diagnostic 
eF 
and therapeutic purposes 
under 
the 
supervision of a licensed physician. 
The use of radionuclides on 
puman beings for diagnostic and therapeutic purposes includes the 
use of dual imaging devices. 
For purposes of this subsection, 
"use" 
means 
all 
activities 
involved 
in 
the 
application 
of 
radioactive material. 
These activities include, 
but are 
not 
limi ted 
to, 
adjusting 
equipment 
settings, 
positioning 
the 
p~tient, positioning the 
equipment 
and positioning the 
image 
receptor. 
8. 
Radiation therapist. 
"Radiation 
~ReFaf'y--~eeRBe*e~is~ 
therapist" means a person, other than a licensed practitioner, 
who applies ionizing radiation to human beings for therapeutic 
and 
simulation 
purposes, 
excluding 
the 
administration 
of 
radiopharmaceuticals. 
9. 
Radiation 
therapy 
technology. 
"Radiation 
therapy 
technology" means the use of ionizing radiation on human beings 
for 
therapeutic 
and 
simulation 
purposes, 
excluding 
the 
administration of radiopharmaceuticals, under the supervision of 
a 
licensed physician. 
For purposes of this subsection, 
"use" 
means all activities involved in the application of ionizing 
radiation. 
These activities include, but are not limited to, 
adj usting 
equipment 
settings, 
positioning 
the 
patient, 
positioning the equipment and positioning the image receptor. 
10. 
Radiographer. 
"Radiographer" 
means 
a 
person, 
other 
than a licensed practitioner, who applies ionizing radiation to 
human 
beings 
for 
aia~Res~ie imaging 
purposes, 
excluding 
the 
administration of radiopharmaceuticals. 
11. 
Radiography. 
"Radiography" means the use of ionizing 
radiation 
on 
human 
beings 
for 
aia~Bes~ie 
imaging 
purposesL 
excluding the administration of radiopharmaceuticals, under the 
supervision of a 
licensed practitioner. 
For purposes of this 
subsection, 
"use" 
means 
all 
activities 
involved 
in 
the 
application of ionizing radiation. 
These activities include, but 
are not limited to, adjusting equipment settings, positioning the 
patient. 
positioning the equipment 
and positioning the 
image 
receptor. 
12. 
Radioloqic 
technoloqist. 
"Radiologic 
technologist" 
means 
any person who 
is 
a 
radiographer, 
a 
radiation 
~Re~apy 
~eeRB9*9Ijis~ 
therapist 
or 
a 
nuclear 
medicine 
technologist 
licensed under this Ae~ chapter. 
13. 
Radioloqic technoloqy. 
"Radiologic technology" means 
the use of a radioactive substance or equipment emitting ionizing 
radiation on human beings for diagnostic or therapeutic purposes. 
14. 
Radioloqical physicist. 
"Radiological physicist" means 
a person who 
is-€e~~4f4ea-~-~~~-~-~~-e~-Raai9*9Ijy has 
successfully 
completed 
education 
and 
training 
in 
medical 
radiological physics or one of the subspecialties of radiological 
physics 9~-WR9-is-eliljiele-~9~-~Rae-eeFei~iea~i9B. 
15. 
Radioloqist. 
"Radiologist" 
means 
a 
physician, 
certified by the American Board of Radiology or the American 
Osteopathic Board of Radiology, 
the British Royal 
College of 
Radiology or the Royal College of Physicians and Surgeons, who is 
licensed in this State or who has completed or who is actively 
pursuing the course of training equivalent to the course of 
training required for admission to these boards. 
16. 
RadiopharmaceuticaJ. 
"Radiopharmaceutical" 
means 
a 
radioactive substance approved for administration to a patient to 
provide 
diagnostic 
information 
or 
deliver 
treatment 
for 
a 
specific disease. 
2 
Sec. 2. 32 MRSA §9853, sub-§ 1, as amended by PL 1999, c. 687, 
Pt. E, §8, is further amended to read: 
1. 
Appointment and membership. The membership of the board 
consists of 2 radiologists; 2 radiographers; one nuclear medicine 
technologist; one radiation 
~Rerap"y--te€i'li'l9.,l9Ijist therapist; one 
radiation physicist;~ and 2 public members who are not affiliated 
with the medical or any allied health profession. 
The Governor 
may appoint these members from lists submitted by the following 
organizations or their successors. 
A. 
Radiologist 
members 
may 
be 
appointed 
from 
lists 
submitted by the Maine Radiological Society. 
B. 
The radiation physicist member may be appointed from 
lists submitted by the Maine Radiological Society. 
C. 
Radiologic technologist 
lists 
submitted 
by 
the 
members may be 
Maine 
Society 
appointed from 
of 
Radiologic 
• 
Technologists, the Society 
and 
the 
New 
England 
Technologists. 
of Nuclear Medicine Technologists 
Society 
of 
Radiation 
Therapy 
The list submitted by each organization must include at least 2 
names [or each position to be filled from that organization. 
The consumer members are appointed by the Governor. 
Sec. 3. 32 MRSA §9853, sub-§6, ,A, as enac ted by PL 1983, c. 
524, is amended to read: 
A. 
To review the qualifications of applicants for licensure 
and to license radiographers, nuclear medicine technologists 
and radiation 
theFapy-4:-e-efi.ae-~ist:s therapists who qualify 
under this chapter; 
Sec. 4. 32 MRSA §9853, sub-§6. ,B, as enacted by PL 1983, c. 
524, is amended to read: 
B. 
To conduct qualifying examinations for radiographers, 
nuclear 
medicine 
technologists 
and 
radiation 
t:heFapy 
t:eehBe*e~ist:s therapists, and to establish passing standards: 
Sec. 5. 32 MRSA §9854, sub-§L as enacted by PL 1983, c. 524, 
is amended to read: 
1. 
License required. 
Ne A person may not practice or he±8 
hiffise*~--e~t:--as profess 
to 
be 
authorized 
to practice after 
September 
1, 
1984, 
as 
a 
radiographer, 
a 
nuclear 
medicine 
technologist 
or 
a 
radiation 
t:heFapy--t:eehBe*e~ist:T therapist 
unless 
he 
that 
person 
is 
licensed 
in 
accordance 
with 
the 
provisions of this chapter. 
A license issued by the board sha±± 
must 
be 
displayed 
conspicuously 
in 
each 
place 
of 
regular 
employment of the licensee. 
Sec. 6. 32 MRSA §9855. as amended by PL 1989, c. 700, Pt. A, 
§§156 to 158, is repealed and the following enacted in its place: 
§9855. Qualifications 
1. 
Radiographer. 
To 
qualify 
for 
a 
license 
as 
a 
radiographer, an applicant must meet the following requirements: 
A. 
Be at least 18 years of age; 
B. 
Have 
a 
high 
school 
diploma 
or 
its 
equivalent 
as 
determined by the Department of Education: and 
C. 
Either have successfully completed a course of study in 
radiologic technology and an examination that is approved by 
the 
board 
or 
possess 
valid 
certification 
and 
current 
registration 
from 
the 
American 
Registry 
of 
Radiologic 
Technologists, or another certification program approved by 
the board to practice as a radiographer. 
2. 
Nuclear medicine technologist. 
To qualify for a license 
a nuclear medicine technologist, an applicant must meet the 
following requirements: 
A. 
Be at least 18 years of age; 
B. 
Have 
a 
high 
school 
diploma 
or 
its 
equivalent 
as 
determined by the Department of Education; and 
C. 
Either have successfully completed a nuclear medicine 
technology program and an examination that is approved b.Y 
the 
board 
or 
possess 
valid 
certification 
and 
current 
registration 
from 
the 
American 
Registry 
of 
RadiologJc 
Technologists, the Nuclear Medicine Technology Certification 
Board or another certification program approved by the board 
to practice as a nuclear medicine technologist. 
3. 
Radiation therapist. 
To qual ify 
radiation 
therapist, 
an 
applicant 
must 
requirements: 
A. 
Be at least 18 years of age; 
for 
a 
license as 
a 
meet 
the 
following 
B. 
Have 
a 
hi~~chool 
dip~~ma or 
its 
equivalent 
as 
determined by the Department of Education; and 
C. 
Either 
have 
successfully 
completed 
a 
course 
in 
radiologic technology and an examination that is approved by 
the 
board 
or 
possess 
valid 
certification 
and 
current 
registration 
from 
the 
American 
Registry 
of 
Radiologic 
Technologists or another certification program approved by 
the board to practice as a radiation therapist. 
4. 
Limited 
radiographer 
license. 
For 
those 
applicants 
wishing to be licensed only for the limited purpose of using 
ionizing radiation for 
imaging purposes 
in the 
office of 
a 
licensed practitioner or 
for 
physician assistants 
practicing 
under section 3270 A or nurses practicing under section 2102, 
subsection 2, paragraph C in a clinic not required to be licensed 
under Title 22, 
chapter 405, 
the board shall grant a 
limited 
license and shalL in approving a course of study, training and 
exami_nation for these applicants, consider the limited scope of 
practice of the various disciplines. 
Those aspects of study, 
.. 
~ining and examination relating to patient safety must 
be 
identical to the requirements for a full license. 
Sec. 7. 32 MRSA §9857, as enacted by PL 1983, c. 524, is 
repealed and the following enacted in its place: 
§9857. 
Nonresidents; aRplicants licensed in another jurisdiction 
1. 
Rec~Q£al 
agre~ments. 
The 
board 
may 
enter 
into 
reciprocal 
agreements 
with 
other 
jurisdictions 
that 
have 
substantially similar licensure 
laws 
and accord substantially 
~qual reciprocal rights to residents licensed in good standing in 
this State. 
2. 
Applicants 
licens."'e""d'------""'i~n'______an,..,.."'o'_"th""'""'e<_'r'______..Ij .... 
u~r'_'i...,s...,d""'~'"'_· "'c...,t""i""'o".,n ..... '---_£A ..... n 
applicant who is licensed under the laws of another jurisdiction 
is governed by this subsection. 
A. 
An 
applicant 
who 
is licensed 
under 
the 
laws 
of 
a 
jurisdiction that has a reciprocal agreement with the board 
may obtain a license under the terms and conditions agreed 
upon through the reciprocal agreement. 
i3._. 
An 
ill'-Pli.Gant who is licensed in----9-90d standing at the 
time 
of 
application to 
the board 
under 
the 
laws 
of 
a 
jurisdiction 
that 
has 
not 
entered 
into 
a 
reciprocal 
agreement 
with 
the 
board 
may 
qualify 
for 
licensure 
by 
submitting evidence to the board that the applicant has 
actively practiced with a substantially equivalent license 
or 
by 
submitting 
evidence 
that 
the 
applicant's 
qualifications for licensure are substantially similar to 
those requirements in this chapter. 
C. 
All 
nonresident 
applicants 
must 
submit 
with 
the 
application an irrevocable ~onsent to service of process on 
the al?l?licant for an action filed in a court of this State 
arising out of the apl?licant' s activities as a licensee in 
this State. 
Service may be made by delivery of the process 
to the Director of Licensing and Registration within the 
Department of Professional and Financial Regulation if, in 
the exercise of due diligence, 
a plaintiff cannot effect 
personal service upon the applicant. 
Sec. 8. 32 MRSA §9858. sub-§2. ~A, as enacted by PL 1983, c. 
672, is amended to read: 
A. 
The applicant sRa±± must possess a Maine license that is 
current aatieaa±--eeFtifieatiea 
and 
in 
good 
standing 
to 
practice as a radiographer; 
Sec. 9. 32 MRSA §9859, as amended by PL 200L c. 323, §29, is 
further amended to read: 
§9859. Licensure renewal; fees 
An original or renewal licensure fee under section 9859-A 
must be paid by the applicant or licensee. 
All licenses must be 
renewed 9ieRRia±±y-eR-~-~~~~-~~~~-eaea-e¥eR-R~mgeFea 
yeaF-e~-~~-e~ae~-time6 as the Commissioner of Professional 
and Financial Regulation may designate, as set forth in Title 10, 
section 
8003, 
subsection 
4. 
~Re--£>€'-a·H:1---sha-l-l---:aG-~i-~y--eaeR 
±ieeR6eeT--a~--~ae--~~~--~-~-~~--~~--aay6--iR 
aa¥aRee-~-~~-e*piFa~ieR-~-~~-±ieeR6er--~~-~~-m~6~ 
ge--eR--~~&-~~~~-~-~~-~~~--e~--P£efe66ieRa±--aRa 
~iRaReia1-Re~ylatieRr 
Any license not renewed by the designated 
renewal date automatically expires. 
Licenses may be renewed up 
to 90 days after the date of expiration upon payment of a late 
fee 
iR--add-i-I::-.i-G-H---t-€>--~Re .anq renewal fee, 
as set under section 
9859-A. 
Any person who submits an application for renewal more 
than 
days after the licensing renewal date must submit 
a 
renewal fee, 
a late fee and a filing fee as set under section 
9859-A 
and 
is 
subject 
to 
all 
requirements 
governing 
new 
applicants under this chapter, except that the board may, giving 
due 
consideration 
to 
the 
protection 
of 
the 
public, 
waive 
examination or other requirements. 
PeRa±~ie6-ffiay--b€--a&&e&s-e-G-BY 
~Re--Gi-~e~~-~~--~~~-£eRew-a~£--meFe--~aaR-~-~-a£~e£--~Re 
e*piFa~ieRr 
Emergency clause. 
I n 
view 
f 
the eme rgency cited 
n 
the 
preamble, this Act takes effect when approved. 
This bill amends the 
licensure and reciprocal 
radiologic technology. 
SUMMARY 
laws governing the scope of 
licensure of workers in the 
practice, 
field of 
• 
• 
..