LEGISLATION

SYNOPSIS
Under existing law, a person who performs diagnostic or therapeutic nuclear medicine procedures is not required to be registered with the Nuclear Medicine Technology Certification Board of the American Registry of Radiologic Technologists (Nuclear).

This bill would require persons who perform diagnostic or therapeutic nuclear medicine procedures to be registered with the Nuclear Medicine Technology Certification Board or the American Registry of Radiologic Technologists (Nuclear). The bill would allow the licensing authority of any facility that allows unregistered persons who perform diagnostic or therapeutic nuclear procedures to impose an injunction or civil penalty on the person who violates this act.

BILL/ACT
To require persons who perform diagnostic or therapeutic nuclear medicine procedures to be registered with the Nuclear Medicine Technology Certification Board or the American Registry of Radiologic Technologists (Nuclear); and to allow the licensing authority of any facility that allows unregistered persons who perform diagnostic or therapeutic nuclear medicine procedures to impose an injunction or civil penalty on the person who violates the act.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1

Notwithstanding any provision of law, no person may perform any diagnostic or therapeutic nuclear medicine procedures unless the person is registered with the Nuclear Medicine Technology Certification Board or the American Registry of Radiologic Technologists (Nuclear.)

B1 The licensing board or agency of a facility that allows a person who is not registered as required in subsection (a) to perform any diagnostic or therapeutic nuclear medicine procedures in violation of this act may enter an order enjoining the facility from allowing the person to work in the facility or assess a civil penalty against the facility found guilty of violation of this act, or both.

B2 Any facility that violates this act shall have its radioactive materials license suspended until the facility is in compliance with this act.

C The board or agency shall determine the civil penalty; however, it shall not exceed two thousand five hundred dollars ($2,500) and, after collection, it shall be paid to the State General Fund.

D Before issuing an injunction suspending a license or imposing a civil penalty under this act, the facility shall be provided a written notice and the opportunity to request, within 30 days of notice, a hearing on the record.

E Pursuant to the proceedings under this section, the board may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence, and may request the Attorney General to bring an action to enforce the subpoena.

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.