CR 17-082 Rule Text

STATE OF WISCONSIN

Radiography Examining Board

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

RADIOGRAPHY EXAMINING BOARD

ORDER OF THE RADIOGRAPHY EXAMINING BOARD

ADOPTING RULES

(CLEARINGHOUSE RULE 17-082)

ORDER

An order of the Radiography Examining Board to renumber and amend RAD 4.01 (2) and 4.02 (2) and create RAD 4.01 (1) (title) and (2) (a) to (s) and (Note) and 4.02 (1) (title) and (2) (a) to (o) and (Note), relating to scope of practice.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Chapter 462, Stats.

Statutory authority: Sections 15.08 (5) (b) and 227.11 (2) (a), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides each examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .”

Section 227.11 (2) (a), Stats., sets forth the parameters of an agency’s rule-making authority, providing “ [e]ach agency may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.”

Related statute or rule:

Chapters RAD 1 to 3, 5, and 6.

Plain language analysis:

Current rules define the scope of practice for radiographers and limited X-ray machine operators by reference to the standards set by the American Society of Radiologic Technologists (ASRT) in 2010. ASRT periodically updates its standards, most recently in 2016. To provide up-to-date scope of practice standards as well as increased clarity and convenience, the rules reproduce the 2016 ASRT standards in full in ss. RAD 4.01 and 4.02 and make other changes to conform with current administrative rule drafting standards.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Comparison with rules in adjacent states:

Illinois:

32 Ill. Admin. Code 401, which provides for accreditation in the practice of medical radiation technology in Illinois, does not explicitly define scope of practice. However, scope of practice is addressed in definitions of the categories of accreditation in the practice of medical radiation technology and the techniques of applying radiation (32 Ill. Admin. Code 401.20). These definitions do not reference the American Society of Radiologic Technologist standards.

Iowa:

645 IAC 42, which provides for permits to operate ionizing radiation producing machines or administer radioactive materials in Iowa, does not explicitly define scope of practice. However, scope of practice is addressed in definitions of the categories of permits to practice and the techniques of using ionizing radiation producing machines and administering radioactive materials (645 IAC 42.2). In addition, the rules provide the scope within which a limited radiologic technologist with categories of chest, spine, extremities, shoulder, and pediatric shall perform radiography (645 IAC 42.2).The rules do not reference the American Society of Radiologic Technologist standards.

Michigan:

The State of Michigan does not license operators of x-ray machines, nor does it have any requirements relative to the licensure or credentialing of x-ray machine operators except for operators of mammography machines (Mich Admin Code, R 333.5630) and CT machines (Mich Admin Code, R 325.5705). These rules do not define or otherwise address scope of practice.

Minnesota:

Minn. Stat. 144.121, Subds. 5a. and 5b., provide the scope of practice of a limited x-ray machine operator (LXMO) and a means of granting a variance to a facility for the scope of practice of an LXMO. The statutes do not reference the American Society of Radiologic Technologist standards.

Summary of factual data and analytical methodologies:

This rule updates the applicable scope of practice standards to reference the current 2016 American Society of Radiologic Technologists standards. No additional factual data or analytical methodologies were used to develop the rules.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The rules were posted for a period of 14 days to solicit public comment on the economic impact of the rule, including how the rule may affect businesses, local government units, and individuals. No comments were received.

Fiscal Estimate and Economic Impact Analysis: