N.J. Admin. Code § 7:28-19.3

Current through Register Vol. 56, No. 16, August 19, 2024

Section 7:28-19.3 - General provisions

(a) Except as provided at N.J.A.C. 7:28-19.1(c) through (g):

1. No person shall engage in any activity within a scope of practice of radiologic technology as defined at N.J.A.C. 7:28-19.4, unless that person possesses a valid license authorizing the person to engage in that scope of radiologic technology;

2. No person shall operate ionizing radiation-producing equipment or position patients for mammographic procedures, unless that person possesses a valid license in diagnostic radiologic technology and is in compliance with the radiologic technologist personnel requirements of the Mammography Quality Standards Act ( 42 U.S.C. § 263b ) and 21 CFR Part 900, incorporated herein by reference, as supplemented or amended; and

3. No person shall engage in any activity within the scope of practice of a radiologist assistant as defined at N.J.A.C. 7:28-19.4, unless that person possesses a valid license as a radiologist assistant, a valid license in diagnostic radiologic technology, and an active radiologist assistant certification from the American Registry of Radiologic Technologists or another national certification body approved by the Board.

(b) No person shall operate ionizing radiation-producing equipment or cause, allow or permit the use of such equipment in such a manner as to expose humans to ionizing radiation, except as provided in this subchapter.

(c) No owner, licensed practitioner, or registrant of ionizing radiation-producing equipment shall cause, allow, or permit any person to engage in any activity within a scope of practice of radiologic technology or radiologic assistant as defined at N.J.A.C. 7:28-19.4, unless:

1. That person possesses a valid license authorizing the person to engage in that scope of radiologic technology or radiologist assistant; and

2. If the person is a radiologist assistant, the person possesses a valid license as a diagnostic radiologic technologist and an active radiologist assistant certification from the American Registry of Radiologic Technologists or another national certification body approved by the Board.

(d) No person shall cause, allow, or permit a radiologic technologist or radiologist assistant to be in the primary beam, unless it is deemed essential for the specific examination by the licensed practitioner and the radiologic technologist or radiologist assistant is wearing protective garments over all body areas in the primary beam as required by N.J.A.C. 7:28-15.9.

(e) No owner, licensed practitioner, or registrant of ionizing radiation-producing equipment shall cause, allow, or permit any person to perform mammographic procedures unless that person complies with the requirements of this subchapter.

(f) No school of radiologic technology subject to this subchapter shall enroll students unless the school is approved by the Board.

(g) No school subject to this subchapter shall hold itself out to be an approved school of radiologic technology or claim in any way that completion of the school's curriculum will enable students to be eligible for New Jersey examination and/or New Jersey licensure, unless the school is approved by the Board.

(h) No person shall use or permit the use of ionizing radiation-producing equipment in such a manner as to expose humans to unnecessary ionizing radiation.

(i) A radiologic technologist or radiologist assistant shall carry his or her current radiologic technology or radiologist assistant license on his or her person at work and display his or her license, upon request of the Department, employer, or any patient.

(j) A radiologic technologist or radiologist assistant shall notify the Department of any conviction of a crime under Federal law or the law of any state within 30 calendar days of such conviction.

(k) Any conviction of a crime committed while not engaged in the practice of radiologic technology or radiologist assistant does not, in itself, constitute a lack of good moral character for the purposes of N.J.A.C. 7:28-19.6(a)2, 19.9(e), 19.11(a)1, and 19.16(a)1.

(l) No person or organization shall provide training in the operation of ionizing radiation-producing equipment or patient positioning to persons other than those authorized to use such equipment as specified in this subchapter.

(m) No person licensed pursuant to this subchapter shall use ionizing radiation-producing equipment on humans for any purpose other than for medical diagnosis, dental diagnosis, therapy simulation, therapy or monitoring of dental treatment. All such use must be at the direction of a licensed practitioner who is practicing within the scope of his or her license.

(n) No radiologic technologist or radiologist assistant licensed pursuant to this subchapter shall prescribe a radiological examination.

(o) No radiologic technologist or radiologist assistant licensed pursuant to this subchapter shall render an interpretation of a radiological examination, but may report his or her observations relating to the outcome of a radiological examination to a radiologist.

(p) The license of a radiologic technologist or radiologist assistant may be suspended for a fixed period, or may be revoked, or the technologist may be censured, reprimanded, or otherwise disciplined in accordance with the provisions and procedures set forth in the Radiologic Technologist Act, if after due process, the Board finds that the radiologic technologist or radiologist assistant has committed an act of unethical conduct, as defined at N.J.A.C. 7:28-19.5, or has violated any provision of this chapter, the Radiation Protection Act, or the Radiologic Technologist Act. A radiologic technologist or radiologist assistant may request a hearing in accordance with N.J.A.C. 7:28-19.18(b), if aggrieved by the Board's actions.

N.J. Admin. Code § 7:28-19.3

Amended by 52 N.J.R. 1267(a), effective 6/15/2020