§ 63-9-112 — Operation of X-ray equipment in physicians' offices - Adoption of rules and regulations establishing minimum educational standards

(a) The board shall have, in regard to operators of X-ray equipment and/or machines in physician offices, the authority, by rules and regulations, to: (1) Establish and issue limited X-ray certifications to qualified individuals in the areas of densitometry, chest, extremities, skull and/or sinus and lumbar spine; (2) Establish and issue full X-ray certifications to individuals who hold current and unrestricted national certification from the American Registry of Radiologic Technologists; (3) Establish the minimum educational courses, curriculum, hours and standards that are prerequisite to issuance of the limited certificates; (4) Select the examination or examinations to be utilized as the board's limited certification examination or examinations and the prerequisites, if any, for admission to the examination or examinations. The board is authorized to enter into a contract or agreement with the chosen examination service or services or select an intermediary between the board and the examination service or services to process applicants for the examination or examinations; (5) Establish any other criteria for issuance of limited certificates that are reasonably related to the safe and competent performance of X-ray procedures; (6) Establish a mechanism for the board accreditation of educational courses that are operating for purposes of qualifying individuals for limited certification and that meet the requirements established pursuant to the rules promulgated under the authority of subdivision (a)(3) and that establish the causes and standards that are grounds for withdrawal of the course accreditation and the mechanism for that withdrawal; (7) Establish the fees to be paid for application and certification, renewal and late renewal of certificates and the fees required to be paid for application, renewal and late renewal of educational course accreditation; and (8) Establish the required number of hours, types of courses and methods of proving compliance for biennial continuing education for all certificate holders. (b) The certificates and accreditations issued pursuant to this section must be renewed and may be retired and reactivated pursuant to board established procedures. A person holding a certificate issued pursuant to this section may be disciplined for the same causes and under the same procedures as contained in § 63-6-214 for the medical board and § 63-9-111 for the board of osteopathic examination. (c) The standards established by the board pursuant to subsection (a) shall be at least as stringent as any mandatory federal standards. (d) No person shall perform X-ray procedures in a physician's office without being licensed as a physician or certified by the board pursuant to this section. Persons who have enrolled in a board recognized radiologic training program are exempt from the certification requirements of this section only as to X-ray procedures performed within or under the auspices of the program in which they are enrolled. After completion of the course but while awaiting the first opportunity to sit for the certification examination, but for no more than six (6) months, and for a period of time within which to receive the examination scores, but no more than seventy-five (75) days thereafter, such persons are exempt from the certification requirements of this section. (e) No X-ray procedures may be performed by any person holding a certificate issued pursuant to this section without: (1) An order from a physician licensed pursuant to chapter 6 of this title or an osteopathic physician licensed pursuant to this chapter; and (2) A physician licensed pursuant to chapter 6 of this title or an osteopathic physician licensed pursuant to this chapter exercising full supervision, responsibility and control over the services being provided. The board is authorized to establish, by rules and regulations, the levels of supervision required of physicians utilizing persons certified pursuant to this section. (f) A physician's office for purposes of this section means anywhere the practice of medicine as defined in § 63-6-204 or the practice of osteopathy as defined in § 63-9-106 , which includes the performance of X-ray procedures contemplated by this section, is being conducted, except where that practice is conducted in or under the auspices of a facility or entity licensed by the health facilities commission. The operation of a business in which X-ray procedures contemplated by this section are performed that is not owned by a physician, group of physicians, medical professional corporation, limited liability medical professional company or an entity or facility licensed by the division of health care facilities is prohibited.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1119, s 11, eff. 7/1/2022. Acts 1990, ch. 726, § 1; 2000, ch. 956, § 1.