107150-107175

HEALTH AND SAFETY CODE
SECTION 107150-107175




107150.  "Nuclear medicine technology" means that technology applied
under the supervision of a physician and surgeon or a licensed
clinical bioanalyst, when performing in vitro procedures, that
pertains to the utilization of radiopharmaceuticals for the diagnosis
and treatment of disease in humans and includes: (1) the
standardization of radiopharmaceutical dosages prior to administering
the preparation of radiopharmaceutical agents in accordance with
department regulations, (2) the administration of
radiopharmaceuticals in accordance with statute or regulation, and
(3) the calibration and use of radiation detection instruments and
equipment to obtain clinical information. Nuclear medicine technology
includes in vitro tests performed in a licensed clinical laboratory
that use a radioactive marker substance not administered to human
subjects and in vivo nuclear medicine procedures that involve
administration of a radioactive marker substance to humans.




107155.  (a) Any person not currently licensed as a physician and
surgeon pursuant to Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code, or as a clinical
laboratory technologist, bioanalyst, or clinical chemist pursuant to
Chapter 3 (commencing with Section 1200) of Division 2 of the
Business and Professions Code, who performs nuclear medicine
technology shall be subject to the standards of competence
established by the department pursuant to this article.
   (b) Nothing in this article shall be construed to limit the
existing authority of, or scope of practice of, a physician and
surgeon, clinical laboratory technologist, bioanalyst, or clinical
chemist granted pursuant to their licenses, or to further require
persons to establish competence to perform in vitro tests.
   (c) In vitro procedures using radioactive materials shall be
performed in a licensed clinical laboratory.
   (d) This article shall not apply to any of the following persons:
   (1) Any person employed by an agency of the United States
government, while performing the duties of the employment.
   (2) A licensed clinical laboratory technologist who administers a
radioactive marker test substance to a human subject to perform a
measurement on a sample containing the radioactive marker test
substance that has been removed from the subject.
   (3) A registered pharmacist who handles radioactive drugs in
accordance with the California State Board of Pharmacy regulations
contained in the most recent version of Sections 1708.3 to 1708.8,
inclusive, of Article 2 of Chapter 17 of Title 16 of the California
Code of Regulations.
   (4) (A) A person who holds a current, valid certificate in
diagnostic radiologic technology pursuant to subdivision (b) of
Section 114870 may perform a positron emission tomography scan only
on a dual mode machine on which both a positron emission tomography
scan and a computerized tomography scan may be performed if both of
the following conditions are met:
   (i) The person holds a current, valid certificate in positron
emission tomography issued by the Nuclear Medicine Technology
Certification Board, or a similarly recognized organization, has
registered with the department pursuant to Section 106977 as
participating in on-the-job training to meet clinical competencies
required by the Nuclear Medicine Technology Certification Board, or a
similarly recognized organization, and is under the direct
supervision of a person who currently meets the standards of
competence for the performance of nuclear medicine technology, or
complies with the regulations issued by the department governing
students of nuclear medicine technology in order to obtain a current,
valid certificate in positron emission tomography issued by the
Nuclear Medicine Technology Certification Board.
   (ii) The person is under the supervision of a person who is an
authorized user identified on a specific license authorizing medical
use of radioactive materials pursuant to the Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9).
   (B) A violation of this paragraph is a misdemeanor pursuant to
Section 107075 and a violator is subject to discipline pursuant to
Sections 107065 and 107070.


107160.  (a) The department shall provide by regulation a schedule
of fees that shall be paid by persons applying to establish their
competence to perform nuclear medicine technology. The revenue
derived from the fees shall be sufficient to cover all costs incurred
in the administration of this article.
   (b) The fees paid by applicants shall be adjusted annually,
pursuant to Section 100425, and the adjusted fee amounts shall be
rounded off to the nearest whole dollar.


107165.  The establishment of a person as competent to perform
nuclear medicine technology may be denied, revoked, or suspended by
the department, for any of the following reasons:
   (a) Habitual intemperance in the use of any alcoholic beverages,
narcotics, or stimulants to an extent as to incapacitate for the
performance of professional duties.
   (b) Incompetence or negligence in performing nuclear medicine
technology functions.
   (c) Establishment of competence to perform nuclear medicine
technology by fraud, or misrepresentation, or because of mistake.
   (d) Use of a designation indicating that a person is established
by the department as competent to perform nuclear medicine technology
by a person who has not been established by the department as
competent to perform nuclear medicine technology.
   (e) Violation of the provisions of this article or regulations
adopted pursuant thereto.
   The proceedings for denial, revocation, or suspension pursuant to
this section shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the department shall have all of the powers
granted therein.


107170.  Any person who violates this article or any regulation
adopted pursuant thereto shall be guilty of a misdemeanor.



107175.  The department shall enforce this article.