TITLE 32: ENERGY
CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY
SUBCHAPTER b: RADIATION PROTECTION
PART 401
ACCREDITING PERSONS IN THE PRACTICE OF MEDICAL RADIATION TECHNOLOGY
Section
401.10 Policy and Scope
401.20 Definitions
401.30 Exemptions
401.40 Application for Accreditation
401.50 Categories of Accreditation
401.60 Examination Requirements
401.70 Acceptable Examinations
401.80 Approved Program
401.90 Practice Requirement - Initial Licensure (Repealed)
401.100 Initial Issuance of Accreditation
401.110 Duration of Accreditation
401.120 Suspension and Revocation of Accreditation
401.130 Fees
401.140 Requirements for Renewal of Accreditation
401.150 Reciprocity
401.160 Minimum Course of Education (Repealed)
401.170 Civil Penalties
401.APPENDIX A Limited Diagnostic Radiography Procedures by Type of Limited
Accreditation
401.APPENDIX B Example Topics Directly Related to Radiologic Sciences
AUTHORITY: Implementing and authorized by Sections 5, 6, 7 and 36 of the
Radiation Protection Act of 1990 (P.A. 86-1341, effective September 7, 1990).
SOURCE: Adopted at 7 Ill. Reg. 17318, effective January 1, 1984; Emergency
amendment at 8 Ill. Reg. 17584, effective September 12, 1984, for a maximum of
150 days; amended at 9 Ill. Reg. 2499, effective February 13, 1985; amended at
10 Ill. Reg. 13259, effective July 28, 1986; amended at 10 Ill. Reg. 21086
effective January 1, 1987; amended at 11 Ill. Reg. 15623, effective September
11, 1987; Emergency amendment at 11 Ill. Reg. 19797, effective November 24,
1987, for a maximum of 150 days; amended at 12 Ill. Reg. 7603, effective April
18, 1988; amended at 12 Ill. Reg. 18164, effective January 1, 1989; amended at
13 Ill. Reg. 15005, effective September 11, 1989; amended at 14 Ill. Reg.
15341, effective September 4, 1990; amended at 15 Ill. Reg. 7054, effective
April 29, 1991.
Section 401.10 Policy and Scope
a) This Part establishes educational standards and an accreditation
program for persons who apply ionizing radiation to human beings.
Specifically, this Part provides:
1) Minimum standards of preparatory education and experience
for persons who apply ionizing radiation to human beings in
the disciplines of medical radiography, nuclear medicine
technology, radiation therapy technology and chiropractic
radiography.
2) Examination requirements for certain categories of
accreditation.
3) Continuing education requirements for renewal of
accreditation.
b) This Part shall apply to any person who applies ionizing radiation
to human beings for diagnostic or therapeutic purposes in this
State or who otherwise engages in the practice of medical
radiation technology in this State unless specifically exempted by
the Act or under Section 401.30. This Part shall also apply to
persons who are not appropriately licensed under other statutes or
requlations and who supervise students for purposes of instructing
them while applying ionizing radiation to human beings.
c) The Board may propose to the Department of Nuclear Safety such
regulations as it deems to be appropriate for purposes of
fulfilling the policy and scope of the accreditation program.
(Source: Amended at 14 Ill. Reg. 15341, effective September 4, 1990)
Section 401.20 Definitions
As used in this Part, the following definitions shall apply:
"Accreditation" - The process by which the Department of Nuclear
Safety grants permission to persons meeting the requirements of
this Act and the Department's rules and regulations to engage in
the practice of administering radiation to human beings. (Section
4 of the Act)
"Act" - The Radiation Protection Act of 1990 (P.A. 86-1341,
effective September 7, 1990).
"Administers Ionizing Radiation" - see "Applies Ionizing
Radiation"
"Applies Ionizing Radiation" - The act(s) of using ionizing
radiation for diagnostic or therapeutic purposes. Specifically
included are those tasks which have a direct impact on the
radiation burden of the patient, e.g.: Positioning of the
patient, film and beam; preparation, calibration, and injection of
radiopharmaceuticals; imaging or laboratory techniques which if
performed improperly would result in the re-administration of
radiation; selection of technique or treatment parameters.
"Approved Program" - A program which the Department has determined
is adequate to prepare students to meet the education requirements
prescribed in 42 CFR 75.3 Appendix A, D, and E (1983), exclusive
of subsequent amendments or editions. A copy of 42 CFR 75.3 is
available for inspection at the Department's offices, 1035 Outer
Park Drive, Springfield, IL.
"Board"- The Radiologic Technologist Accreditation Advisory Board
(R.T.A.A.B.).
"Chiropractic Radiographic Assistant" - A person other than a
licensed practitioner who performs medical radiation procedures
and applies x-radiation to the human body for diagnostic
evaluation of skeletal anatomy, while under the supervision of a
licensed chiropractor.
"Chiropractic Radiography" - The science and art of applying x-
radiation to human beings for diagnostic purposes in Chiropractic.
"Credentialing" - Means any process whereby a State government or
non-governmental agency or association grants recognition to an
individual who meets certain predetermined qualifications.
"Department" - Means the Illinois Department of Nuclear Safety.
"Direct Supervision" - An individual is in the physical presence
of a licensed practitioner or medical radiation technologist who
holds active status accreditation and assists, evaluates and
approves of the individual's performance of the various tasks
involved in the application of ionizing radiation.
"Director" - Means the Director of the Department of Nuclear
Safety.
"Ionizing Radiation" - Means gamma rays, and x-rays, alpha and
beta particles, high speed electrons, neutrons, protons, and other
nuclear particles; but not sound or radio waves, or visible,
infrared or ultraviolet light.
"In vitro" - Isolated from the living organism.
"In vivo" - Occurring within the living organism.
"Licensed Practitioner" - A person licensed or otherwise
authorized by law to practice medicine, dentistry, osteopathy,
chiropractic or podiatry.
"Limited Diagnostic Radiographer-Chest" - A person, other than a
licensed practitioner, who, while under the supervision of a
licensed practitioner, applies x-radiation to the human chest for
diagnostic purposes.
"Limited Diagnostic Radiographer-Extremities" - A person, other
than a licensed practitioner, who, while under the supervision of
a licensed practitioner, applies x-radiation to the human
extremities for diagnostic purposes.
"Limited Diagnostic Radiographer-Skull and Sinuses" - A person,
other than a licensed practitioner, who, while under the
supervision of a licensed practitioner, applies x-radiation to the
human skull and sinuses for diagnostic purposes.
"Limited Diagnostic Radiographer-Spine" - A person, other than a
licensed practitioner, who, while under the supervision of a
licensed practitioner, applies x-radiation to the human spine for
diagnostic purposes.
AGENCY NOTE: Specific radiographic examinations appropriate to
each type of limited radiography accreditation may be found in
Appendix A.
"Medical Radiation Technology" - The science and art of performing
medical radiation procedures involving the application of ionizing
radiation to human beings for diagnostic and therapeutic purposes.
The five specialized disciplines of Medical Radiation Technology
are Medical Radiography, Nuclear Medicine Technology, Radiation
Therapy Technology, Chiropractic Radiography, and Podiatric
Radiography.
"Medical Radiographer" - A person, other than a licensed practi-
tioner, who, while under the supervision of a licensed
practitioner, applies x-radiation to any part of the human body
and who, in conjunction with radiation studies may, administer
contrast agents and related drugs for diagnostic purposes.
"Medical Radiography" - The science and art of applying x-
radiation to human beings for diagnostic purposes.
"Nuclear Medicine Technologist" - A person, other than a licensed
practitioner, who, administers radiopharmaceuticals and related
drugs to human beings for diagnostic purposes, performs in vivo
and in vitro detection and measurement of radioactivity and
administers radiopharmaceuticals to human beings for therapeutic
purposes. A nuclear medicine technologist may perform such
procedures only while under the supervision of a licensed
practitioner who is licensed to possess and use radioactive
materials.
"Nuclear Medicine Technology" - The science and art of in vivo and
in vitro detection and measurement of radioactivity and the
administration of radiopharmaceuticals to human beings for
diagnostic and therapeutic purposes.
"Radiation Therapist" - A person, other than a licensed
practitioner, who performs procedures and applies ionizing
radiation emitted from x-ray machines, particle accelerators, or
sealed radioactive sources to human beings for therapeutic
purposes while under the supervision of a licensed practitioner
who is licensed, as required, to possess and use radioactive
materials.
"Radiation Therapy Technology" - The science and art of applying
ionizing radiation emitted from x-ray machines, particle
accelerators and sealed radioactive sources to human beings for
therapeutic purposes.
"Supervision" - Responsibility for, and control of, quality,
radiation safety and protection, and technical aspects of the
application of ionizing radiation to human beings for diagnostic
and/or therapeutic purposes.
(Source: Amended at 15 Ill. Reg. 7054, effective April 29, 1991)
Section 401.30 Exemptions
a) Nothing in the Act or this Part shall be construed to limit or
affect in any respect, the practice of persons properly licensed
under other statutes or regulations with respect to their
professions.
b) The Department shall, upon application therefor or upon its own
initiative, grant such exemptions or exceptions from the
requirements of this Part as it determines are authorized by law
and will not result in a hazard to public health and safety.
c) Exemptions shall include:
1) A student enrolled in an approved program applicable to
his/her profession who, as a part of his/her course of
study, applies ionizing radiation to human beings while
under the supervision of a licensed practitioner.
2) A person registered with the Department as a student-in-
training in limited diagnostic radiography pursuant to
Section 401.80(c) who applies ionizing radiation to human
beings while under the supervision of a licensed
practitioner, provided that the procedures performed shall
be limited to the procedures as listed in Appendix A,
applicable to the particular status condition of limited
diagnostic radiography for which the student is registered.
This exemption shall only apply to individuals who are
registered with the Department and shall only apply for 16
months.
3) A person licensed to practice a treatment of human ailments
by virtue of the Medical Practice Act of 1987 (Ill. Rev.
Stat. 1989, ch. 111, par. 4400-1 et seq.), the Illinois
Dental Practice Act (Ill. Rev. Stat. 1989, ch. 111, par.
2301 et seq.), or the Podiatric Medical Practice Act of 1987
(Ill. Rev. Stat. 1989, ch. 111, par. 4801 et seq.) (Section
5 of the Act)
4) A person employed as a dental assistant who performs dental
radiography for a licensed dentist.
5) A technician, nurse or other assistant who performs
radiography under the supervision of a person licensed under
the Podiatric Medical Practice Act of 1987.
6) A person who holds Conditional Accreditation Type II issued
in accordance with Section 401.100(d) during such time as
that person is under the direct supervision of a licensed
practitioner or medical radiation technologist who holds
active status accreditation for purposes of being instructed
in the use of equipment and/or procedures other than those
for which the person is currently accredited.
7) A nurse, technician, or other assistant who, under the
supervision of a person licensed under the Medical Practice
Act of 1987, administers radiation to human beings, but only
when such administration is performed on employees of a
business at a medical facility owned and operated by that
business. (Section 6 of the Act)
(Source: Amended at 15 Ill. Reg. 7054, effective April 29, 1991)
Section 401.40 Application for Accreditation
Any person applying for initial accreditation or renewal of accreditation must
submit a complete and legible application form, must pay the appropriate
application fee in accordance with Section 401.130, and must provide evidence
that he/she has met the requirements for the given category and status of
accreditation which is sought. Persons applying for Active Status
Accreditation shall submit evidence of registration, Board certification, or
other examination as appropriate pursuant to Section 401.70. Persons applying
for accreditation in Limited Diagnostic Radiography (i.e., limited-chest,
limited-extremities, limited-skull and sinuses and limited-spine) shall submit
evidence that they have passed the required examinations as specified in
Section 401.60 (d-g). Persons applying for Temporary Accreditation shall
submit evidence of graduation from an approved program. Fees and charges
collected by the Department shall be paid into the Radiation Protection Fund.
Such fees and charges shall be used to defray costs incurred in the
administration of this program. Accreditation shall be valid for a specified
period of time and shall entitle the individual to privileges consistent with
the category and status of accreditation indicated unless the accreditation is
suspended or revoked in accordance with Section 401.120.
(Source: Amended at 15 Ill. Reg. 7054, effective April 29, 1991)
Section 401.50 Categories of Accreditation
a) The Department shall accredit persons in the practice of Medical
Radiation Technology in one or more of these specific categories:
1) Medical Radiography;
2) Nuclear Medicine Technology;
3) Radiation Therapy Technology;
4) Chiropractic Radiography; and
5) Limited Diagnostic Radiography.
b) The Department shall recognize the following status conditions for
the categories of accreditation:
1) Active - An applicant who meets the requirements as set
forth in Section 401.100(a).
2) Temporary - An applicant who meets the requirements as set
forth in Section 401.100(b).
3) Conditional - An applicant who meets the requirements as set
forth in Section 401.100(c), or (d).
4) Limited-Chest - An applicant who meets the requirements as
set forth in Section 401.100(e). This status condition is
applicable to the category of Limited Diagnostic Radiography
only.
5) Limited-Extremities - An applicant who meets the
requirements as set forth in Section 401.100(e). This
status condition is applicable to the category of Limited
Diagnostic Radiography only.
6) Limited-Skull and Sinuses - An applicant who meets the
requirements as set forth in Section 401.100(e). This
status condition is applicable to the category of Limited
Diagnostic Radiography only.
7) Limited-Spine - An applicant who meets the requirements as
set forth in Section 401.100(e). This status condition is
applicable to the category of Limited Diagnostic Radiography
only.
(Source: Amended at 15 Ill. Reg. 7054, effective April 29, 1991)
Section 401.60 Examination Requirements
a) Active - Persons who seek active status accreditation in medical
radiation technology must pass a written examination as
appropriate to the category of accreditation sought in accordance
with Section 401.70.
b) Temporary - Persons who seek active status accreditation and are
awaiting the successful completion of an examination in accordance
with Section 401.70 may apply for and be issued temporary
accreditation. Temporary accreditation shall be valid until the
person has passed the appropriate examination and has applied for
and been issued active status accreditation. In no case shall
temporary accreditation be valid for more than two years from the
date of issuance.
c) Conditional - Examination shall not be required for conditional
accreditation.
d) Limited Diagnostic Radiographer-Chest - Persons who seek
accreditation to perform radiography of the chest, but not any
other parts of the body, must pass a written examination on
general radiography topics and a written or practical examination
on chest anatomy and clinical skills required to perform
radiography of the chest in accordance with Section 401.70(c).
e) Limited Diagnostic Radiographer-Extremities - Persons who seek
accreditation to perform radiography of the extremities, but not
any other parts of the body, must pass a written examination on
general radiography topics and a written or practical examination
on anatomy of the extremities and clinical skills required to
perform radiography of the extremities in accordance with Section
401.70(c).
f) Limited Diagnostic Radiographer-Skull and Sinuses - Persons who
seek accreditation to perform radiography of the skull and or
sinuses, but not any other parts of the body, must pass a written
examination on general radiography topics and a written or
practical examination on anatomy of the skull and sinuses and
clinical skills required to perform radiography of the skull and
sinuses in accordance with Section 401.70(c).
g) Limited Diagnostic Radiographer-Spine - Persons who seek
accreditation to perform radiography of the spine, but not any
other parts of the body, must pass a written examination on
general radiography topics and a written or practical examination
on anatomy of the spine and clinical skills required to perform
radiography of the spine in accordance with Section 401.70(c).
AGENCY NOTE: Persons may seek accreditation in more than one
status condition of limited diagnostic radiography.
(Source: Amended at 15 Ill. Reg. 7054, effective April 29, 1991)
Section 401.70 Acceptable Examinations
a) The Department shall accept for, issuance of Active Status
Accreditation, examinations as identified by this Section.
Accreditation shall be specific to the category of examination as
specified in subsection (b) of this Section.
b) Examinations as appropriate to category of accreditation are as
follows:
1) Medical Radiography
- The American Registry of Radiologic Technologists (R)
(A.R.R.T.).
2) Nuclear Medicine Technology
- The American Registry of Radiologic Technologists (N)
(A.R.R.T.), the Nuclear Medicine Technology Certification
Board (N.M.T.C.B.), the American Society of Clinical
Pathologists (NM) (A.S.C.P.).
3) Radiation Therapy Technology
- The American Registry of Radiologic Technologists (T)
(A.R.R.T.).
4) Chiropractic Radiography
- American Chiropractic Registry of Radiologic Technologists
(ACRRT), provided that the examination was administered
after June 30, 1984.
c) Examinations in Limited Diagnostic Radiography - Applicants for
accreditation in one or more areas of limited diagnostic
radiography shall have passed a written examination on general
radiography topics and a written or practical examination specific
to the type of limited accreditation sought. All written
examinations shall be approved by and scheduled through the
Department. The passing score for written examinations shall be a
scaled score of 75 percent. All practical examinations shall
cover items prescribed by the Department. Practical examinations
may be administered by a technologist who holds active
accreditation in radiography and is a full-time faculty member of
an approved program as defined in Section 401.80 or by a licensed
practitioner, certified as a radiologist by the American Board of
Radiology, the American Osteopathic Board of Radiology, or the
American Chiropractic Board of Radiology. Practical examinations
shall be graded on a pass/fail basis on forms provided by the
Department.
d) For Active Status Accreditation, examinations by other certifying
organizations shall be accepted upon written request to the
Department, provided that the Department finds that the certifying
organization has met the National Commission for Health Certifying
Agencies (NCHCA) requirements. (Publication Title: Perspectives
on Health Occupational Credentialing) Contract #232-78-0187, dated
September 30, 1979, DHHS Publication No. (HRA) 81-4, U.S.
Government Printing Office, Washington, D. C. 20402.
(Source: Amended at 15 Ill. Reg. 7054, effective April 29, 1991)
Section 401.80 Approved Program
a) The Department shall base its approval of didactic and clinical
education for Medical Radiography, Nuclear Medicine Technology, or
Radiation Therapy Technology on the standards accepted by the
Committee on Allied Health Education and Accreditation (CAHEA).
(Specific information concerning these standards is available from
the Committee on Allied Health Education and Accreditation of the
American Medical Association and from the Department. These
standards are entitled: Essentials and Guidelines of an
Accredited Education Program for the Radiation Therapy
Technologist (1983); Essentials and Guidelines of an Accredited
Educational Program for the Radiographer (1983); Essentials of an
Accredited Educational Program for the Nuclear Medicine
Technologist (1984), and do not include subsequent amendments or
editions).
b) The Department shall base its approval of didactic and clinical
education in Chiropractic Radiography on the standards accepted by
the Chiropractic Council on Education (CCE), published January 27,
1985, exclusive of subsequent amendments or editions. Specific
information concerning these standards is available from the
Department or from the Chiropractic Council on Education, 3209
Ingersoll Avenue, Des Moines, Iowa 50312. Student exemption for
persons enrolled in an approved Chiropractic Radiography program
shall not exceed 12 months.
c) The Department shall base its approval of didactic and clinical
education in Limited Diagnostic Radiography on standards contained
in the "Curriculum Guide for Limited Permittee Programs", June
1987, exclusive of subsequent amendments or editions. Copies of
these standards are available from the American Society of
Radiologic Technologists, 15000 Central Avenue South East,
Albuquerque, New Mexico, 87123. Students-in-training in Limited
Diagnostic Radiography shall be registered with the Department on
forms provided by the Department. Registration with the
Department shall include application and payment of applicable
fees for examination. Students-in-training in Limited Diagnostic
Radiography shall not begin application of ionizing radiation to
humans prior to the Department's approval of the student's
proposed training as identified through the student-in-training
registration process. The Department shall refuse to register an
individual as a student-in-training when the party(s) responsible
for the training of said student has demonstrated poor training of
students as evidenced by either a cumulative failure rate in
excess of 50 percent of the trainer's students or two consecutive
students who fail the examinations specified in Section 401.70(c).
If the employer is not identified as the party responsible for
training the student, the Department shall register an individual
as a student-in-training in the employer's practice only if the
student is concurrently enrolled in a program that meets the
minimum requirements for a training program in limited radiography
established by the Joint Review Committee on Education in
Radiologic Technology, published 1990, by the Joint Review
Committee on Education, 20 N. Wacker Drive, Suite 900, Chicago,
Illinois 60606-2901. Students-in-training in Limited Diagnostic
Radiography shall take the appropriate written or written and
practical examinations not later than the eighth month of
training. Students shall not perform radiographic procedures
beyond the 16 months of training unless the required examinations
have been passed.
(Source: Amended at 15 Ill. Reg. 7054, effective April 29, 1991)
Section 401.90 Practice Requirement - Initial Licensure (Repealed)
(Source: Repealed at 9 Ill. Reg. 2499, effective February 13, 1985)
Section 401.100 Initial Issuance of Accreditation
a) The Department shall issue Active Status Accreditation in a
category of medical radiation technology to persons who have
passed an examination as indicated in Section 401.70(b). Active
Status Accreditation issued after January 1, 1988, shall be valid
for two years from the date of issuance.
b) The Department shall issue Temporary Accreditation in a category
of medical radiation technology and chiropractic radiography to
persons who are awaiting an examination in accordance with Section
401.70(b) and have completed an approved program. Applicants for
Temporary Accreditation must provide specific evidence of the
intent to take such an examination, the category of examination to
be taken, and the date on which the examination will be taken.
Temporary Accreditation shall convey the same rights as the Active
Status Accreditation for which the individual is awaiting
examination. Temporary Accreditation shall be valid until such
time as the individual successfully completes the appropriate
examination and applies for and is issued Active Status
Accreditation in accordance with subsection (a), but in no
instance longer than twenty-four (24) months from the date of
issuance for medical radiation technology and no longer than
twelve (12) months from the date of issuance for chiropractic
radiography.
c) The Department shall issue Conditional Accreditation Type I in a
category of medical radiation technology upon determining that
community hardship exists. When making a determination of the
existence of community hardship, the Department will consult
Health Systems Agencies or County or Local Health Departments, and
will evaluate the availability of alternative radiology services
and trained personnel. In addition, the Department shall require
the applicant's employer or prospective employer to demonstrate
that recruitment of qualified personnel, at competitive
compensation, has been attempted and unsuccessful. Such
demonstration can take the form of documented advertising in
publications intended to reach radiologic technologists. If based
on the information submitted, the Department determines that
qualified personnel cannot be recruited, and that the people in
the locality in which the conditional accreditation is sought
would be denied adequate health care because of the unavailability
of appropriately accredited persons, the Department shall issue
Conditional Accreditation Type I which shall be valid for a period
of twenty-four (24) months from the date of issuance.
d) The Department shall issue Conditional Accreditation Type II in a
category of medical radiation technology to any person who,
twenty-four (24) months prior to July 1, 1989, was employed in
medical radiation technology and who otherwise does not meet the
qualifications for accreditation. Conditional accreditation
issued pursuant to this Section shall be valid for two years from
date of issuance. Issuance shall be contingent upon submitting a
written Statement of Assurance that the person is competent to
apply ionizing radiation to human beings. A Statement of
Assurance submitted to the Department in accordance with this
Section shall specify the nature of the equipment and procedures
which the individual is competent to utilize. The Statement of
Assurance must be provided by a licensed practitioner under whose
supervision the individual is employed or has been employed at
some time within the last twelve months. Conditional
accreditation which is issued pursuant to this Section shall be
specific to the procedures and equipment indicated in the
Statement of Assurance. An individual who is accredited in
accordance with this Section may expand the accreditation to
additional procedures and/or equipment by receiving training in
accordance with Section 401.30(c)(3). After such training, the
individual may submit an additional Statement of Assurance from a
licensed practitioner under whose supervision the individual is
employed as to the additional equipment and procedures which the
individual is competent to utilize. However, an individual may
not become accredited pursuant to the provisions of this Section
for equipment or procedures outside of those in the category of
initial accreditation. Nothing in this Section should be
interpreted to limit an individual's right to make application for
and be issued Active Status Accreditation in accordance with
subsection (a). The Department shall not issue Conditional
Accreditation Type II as provided by this Section after September
7, 1990. However, Conditional Accreditation Type II issued on or
before September 7, 1990, is renewable in accordance with Section
401.140.
e) The Department shall issue accreditation in one or more areas of
Limited Diagnostic Radiography Accreditation to persons who have
passed examinations as indicated in Section 401.70(c). Such
accreditation shall be valid for two years from the date of
issuance.
(Source: Amended at 15 Ill. Reg. 7054, effective April 29, 1991)
Section 401.110 Duration of Accreditation
a) The duration of initial issuance of Active Status Accreditation,
regardless of the category of medical radiation technology, shall
be two (2) years. Active Status Accreditation shall be renewable
for periods of two years in accordance with meeting the
requirements in Section 401.140.
b) The duration of Temporary Accreditation shall not exceed two years
for the categories of Radiography, Nuclear Medicine Technology, or
Radiation Therapy Technology and shall not exceed one year for
Chiropractic Radiography. Temporary Accreditation shall not be
renewed.
c) The duration of initial issuance of Conditional Accreditation Type
I shall be two years and shall be renewable thereafter for periods
of two years. Such renewal shall be based on a re-evaluation by
the Department of a condition of community hardship and meeting
the requirements of Section 401.140.
d) The duration of initial issuance of Conditional Accreditation Type
II shall be two years. This accreditation shall be renewable for
periods of two years in accordance with meeting the requirements
in Section 401.140. The renewed accreditation shall be specific
to the procedures and equipment indicated in the most recent
Statement of Assurance which has been presented to the Department
in accordance with Section 401.100(d).
e) The duration of initial issuance of accreditation in Limited
Diagnostic Radiography shall be two years. This accreditation
shall be renewable for periods of two years in accordance with
meeting the requirements in Section 401.140.
(Source: Amended at 15 Ill. Reg. 7054, effective April 29, 1991)
Section 401.120 Suspension and Revocation of Accreditation
a) The Department shall act to suspend or revoke an individual's
accreditation for any one or a combination of the following
causes:
1) Knowingly causing a material misstatement or
misrepresentation to be made in the application for initial
accreditation or renewal of accreditation if such
misstatement or misrepresentation would impair the
Department's ability to assess and evaluate the applicant's
qualifications for accreditation under this Part;
2) Wilfully evading the statute or regulations pertaining to
accreditation, or wilfully aiding another person in evading
such statute or regulations pertaining to accreditation;
3) Having been convicted of a crime which is a felony under the
laws of this State or conviction of a felony in a federal
court, unless such individual demonstrates to the Department
that he/she has been sufficiently rehabilitated, by
restoration of all civil rights, to warrant the public
trust;
4) Exhibiting significant or repeated incompetence in the
performance of professional duties;
5) Having a physical or mental illness or disability which
results in the individual's inability to perform
professional duties with reasonable judgment, skill and
safety;
6) Continuing to practice medical radiation technology when
knowingly having a potentially serious disease, such as
those listed in 77 Ill. Adm. Code 690.100, which could be
transmittable to patients;
7) Repeatedly using alcohol, narcotics or stimulants to such an
extent as to impair the performance of professional duties;
8) Having had a similar credential by another state or the
District of Columbia suspended or revoked if the grounds for
that suspension or revocation are the same or equivalent to
one or more grounds for suspension or revocation as set
forth herein.
b) If, based upon any of the above grounds, the Department determines
that action to suspend or revoke accreditation is warranted, the
Department shall notify the individual and shall provide an
opportunity for a hearing in accordance with 32 Ill. Adm. Code
200.60. An opportunity for a hearing shall be provided before the
Department takes action to suspend or revoke an individual's
accreditation unless the Department finds that an immediate
suspension of accreditation is required to protect against
immediate danger to the public health or safety,(Ill. Rev. Stat.
1985, ch. 111 1/2, par. 222), in which case the Department shall
suspend an individual's accreditation pending a hearing.
c) If the Department finds that removal of accreditation is
warranted, the usual action shall be a suspension of accreditation
for up to one year. The term of suspension may be reduced by the
Director, upon the recommendation of the hearing officer, if the
hearing officer finds, based upon evidence presented to him/her at
a hearing, that the conditions leading to the Preliminary Order
for Suspension can be cured in less than one year. However, if
the Department finds that the causes are of a serious or
continuous nature, such as past actions which posed an immediate
threat to public health or safety or deficiencies that cannot be
cured within one year, the Department shall revoke the
individual's accreditation.
d) When an individual's accreditation is suspended or revoked, the
individual shall surrender his/her credential to the Department
until the termination of the suspension period or until reissuance
of the accreditation.
e) An individual whose accreditation has been revoked may seek
reinstatement of accreditation by filing a petition for
reinstatement with the Department which complies with the
requirements of 32 Ill. Adm. Code 200.40. Such petition may be
filed one year or more after the beginning of the revocation
period. The individual shall be afforded a hearing in accordance
with 32 Ill. Adm. Code 200 and shall bear the burden of proof of
establishing that the accreditation should be reinstated due to
rehabilitation or other just cause.
(Source: Amended at 10 Ill. Reg. 21086, effective January 1, 1987)
Section 401.130 Fees
a) The fees for accreditation in all categories shall be non-
refundable and shall be as follows:
1) For applications filed before January 1, 1991:
A) Initial Accreditation - Active, Conditional or
Temporary Status:
$30.00 per application
B) Renewal of Accreditation - Active and Conditional
Status:
$30.00 per application
2) For applications filed on or after January 1, 1991:
A) Initial Accreditation - Active, Conditional, Temporary
or Limited Status:
$40.00 per application
B) Renewal of Accreditation - Active, Conditional, or
Limited Status:
$40.00 per application
3) Examination fee for Limited Diagnostic Radiography
Accreditation shall be $30.00.
b) The appropriate fees are to accompany the application when filing
with the Department. An application is filed on the date that it
is received by the Department or on the date that it is postmarked
by the United States Postal Service, whichever is earlier.
(Source: Amended at 15 Ill. Reg. 7054, effective April 29, 1991)
Section 401.140 Requirements for Renewal of Accreditation
a) Prerequisites
1) An individual must make application for renewal of
accreditation on or before the expiration date of the
accreditation. Accreditation shall lapse if not renewed
within this time period. An individual may not legally
perform medical radiation technology without valid
accreditation. Nothing in this Section shall be interpreted
to preclude an individual from seeking the renewal of lapsed
accreditation.
2) Each applicant shall submit a complete and legible
application with the fee for renewal of accreditation in
accordance with Section 401.130. Submission of an
application for renewal shall hold the prior accreditation
valid until such time as the Department acts to grant or
deny renewal of accreditation. The Department will grant or
deny renewal of accreditation within ninety (90) days of
receipt of application for renewal.
b) Continuing Education Requirements
All applicants for renewal of accreditation, regardless of the
category or status of accreditation sought to be renewed, must
provide evidence of having participated in an approved program of
continuing education as indicated below:
1) The required effort in continuing education per year for
each category of medical radiation technology, applicable to
each year elapsed since the most recent date of issuance of
accreditation is as follows:
A) Radiography 12 units
B) Nuclear Medicine Technology 12 units
C) Radiation Therapy Technology 12 units
D) Chiropractic Radiography 12 units
E) Limited Diagnostic Radiography 6 units
2) The continuing education effort may be averaged during the
period to which the requirement applies and shall be
prorated by month. Individual courses may be applicable to
more than one category of accreditation. The Department
will base its approval on the relevance of the course work
or training to the category or categories of current
accreditation. In establishing relevancy, the Department
will use standards such as are accepted by Verification of
Involvement in Continuing Education (V.O.I.C.E.), Evidence
of Continuing Education (E.C.E.), Continuing Medical
Education (C.M.E.), and Continuing Education Units (C.E.U.).
The Department will also accept relevant course work from
accredited colleges and universities to satisfy this
requirement.
3) Credit for continuing education other than as indicated
above shall be granted by the Department if the individual
or activity sponsor seeks approval of the course or activity
and the Department finds that the course or activity will be
consistent with courses approved in accordance with Section
401.140(b)(1).
4) The basis for a unit of continuing education credit shall be
the contact hour (50 minutes) of lecture. Activity other
than lecture shall be approved for credit by the Department
based upon the standards of subsection (b)(2).
5) In each category of accreditation the applicant for renewal
shall have completed a minimum of 6 units of continuing
education for each year elapsed since the most recent date
of issuance of accreditation in continuing education in
subject matter directly related to radiologic sciences. The
balance of the requirement may be accomplished either in
subject matter directly related to radiologic sciences or in
subject matter directly related to patient care in the
radiologic environment.
AGENCY NOTE: Applicants may refer to Appendix B for
examples of specifically related continuing education
subjects.
c) Nonrenewal of Accreditation
1) The Department shall not renew an individual's accreditation
if he/she fails to present satisfactory evidence that he/she
possesses the necessary qualifications for accreditation,
and that he/she has participated in an approved continuing
education program in accordance with this Part.
2) If the Department does not find satisfactory evidence that
the individual meets these requirements, the Department
shall, within ninety (90) days of receipt of the application
for renewal of accreditation, send the individual a Notice
of Intent Not to Renew Accreditation. This notice shall
include the area(s) of deficiency and the individual's
rights as set forth in this Section.
3) The individual may, within fifteen (15) days of the date of
receipt of the Notice of Intent Not to Renew Accreditation,
resubmit an application for renewal of accreditation which
provides additional information to the Department in order
to establish that the identified area(s) of deficiency have
been met or corrected. The Department shall act upon such
resubmission within thirty (30) days of receipt. Submission
of such an application shall hold the prior accreditation
valid until the Department acts on the application.
4) After receipt of a Notice of Intent Not to Renew
Accreditation in accordance with subsections (2) or (3), the
individual may request a hearing. Such request must be made
within thirty (30) days of the date of receipt of the Notice
of Intent Not to Renew Accreditation. The hearing shall be
held in accordance with 32 Ill. Adm. Code 200, except that
the applicant shall have the burden of proof of establishing
that he/she has met the necessary qualifications for renewal
of accreditation. Submission of a request for a hearing
shall hold the prior accreditation valid until the
individual's receipt of a decision pursuant to the hearing.
5) If the applicant does not request a hearing within thirty
(30) days of receipt of a Notice of Intent Not to Renew
Accreditation in accordance with subsections (2) or (3), the
Department shall issue a Notice of Nonrenewal.
6) An individual's current credential shall be invalid as of
the date of his/her receipt of a Notice of Nonrenewal
pursuant to subsection (5) or a decision issued after a
hearing in accordance with subsection (4) of this Section.
7) If an individual's accreditation is not renewed, he/she
shall have the right at any time to submit an application
for renewal of accreditation. Such application shall be
reviewed and processed in accordance with the requirements
of this Section except that an individual may not legally
apply ionizing radiation to human beings until and unless
the Department has acted to grant such application for
renewal of accreditation.
(Source: Amended at 15 Ill. Reg. 7054, effective April 29, 1991)
Section 401.150 Reciprocity
The Department shall accredit an out-of-state applicant provided that:
a) The applicant holds a current credential as a Medical
Radiographer, Nuclear Medicine Technologist, Radiation Therapy
Technologist, Chiropractic Radiographic Assistant or Podiatric
Radiographic Assistant issued by another state or jurisdiction;
and
b) The standards and procedures for credentialing in the state or
jurisdiction which issued the credential afford the same or
comparable credentialing standards as those afforded by the
Illinois statute and regulations; and
c) The applicant presents the credential to the Department; and
d) The applicant submits the appropriate application fee in
accordance with Section 401.130.
(Source: Amended at 14 Ill. Reg. 15341, effective September 4, 1990)
Section 401.160 Minimum Course of Education (Repealed)
(Source: Repealed at 9 Ill. Reg. 2499, effective February 13, 1985)
Section 401.170 Civil Penalties
a) The Department shall assess civil penalties, in accordance with
subsections (c) and (d), against any person who performs, and
against the operator of the radiation installation where a person
performs, medical radiation procedures without valid
accreditation, unless the person performing the medical radiation
procedures is specifically exempt from the accreditation
requirements as specified in Section 401.30.
b) Prior to assessing civil penalties, the Department shall confirm
the violation of the accreditation requirements by:
1) Observation of the violation by a Departmental Inspector or
nondepartmental inspector;
2) Obtaining records, documents, or other physical evidence;
3) Obtaining statements from either the employer, or the
employee which confirm the existence of the violation; or
4) Obtaining statements from third parties, e.g., patients or
co-workers, that corroborate the allegation that a violation
has occurred.
c) Civil Penalties shall be assessed against persons who perform
medical radiation procedures without accreditation (i.e.,
unaccredited technologists) as follows:
1) First violation by an unaccredited technologist - $250.
2) Second violation by an unaccredited technologist - $500.
3) Third and subsequent violations by an unaccredited
technologist - $1,000.
d) Civil Penalties shall be assessed against the operators of a
radiation installation where a person performs medical radiation
procedures without valid accreditation as follows:
1) First violation by an operator - $500.
2) Second and subsequent violations by an operator, within a 12
month period - $1,000.
e) The Department shall impose civil penalties by issuing a
Preliminary Order and Notice of Opportunity for Hearing as
provided in 32 Ill. Adm. Code 200.60. Each day the violation
continues shall constitute a separate offense.
f) Failure of an operator of a radiation installation to abate an
accreditation violation or to pay a properly assessed civil
penalty, shall cause the Department to issue an order prohibiting
the use of any source of radiation at the installation until such
time as the violation has been abated and all assessed civil
penalties have been paid.
(Source: Amended at 13 Ill. Reg. 15005, effective September 11, 1989)
Section 401.APPENDIX A Limited Diagnostic Radiography Procedures by Type of
Limited Accreditation
d) Limited Diagnostic Radiography - Skull and Sinuses
Skull
Paranasal Sinuses
Mandible
Facial bones
(Source: Added at 15 Ill. Reg. 7054, effective april 29, 1991)
Section 401.APPENDIX B Example Topics Directly Related to Radiologic Sciences
As referenced in Section 401.140(b)(5), applicants may refer to this Appendix
for subjects relating directly to radiologic sciences in completing the
minimum requirements for continuing education.
(Source: Added at 15 Ill. Reg. 7054, effective April 29, 1991)
