Ley 74 del 2008
Resumen
Esta ley enmienda la Ley Núm. 76 de 2006 para incluir nuevas definiciones y requisitos para la práctica de la profesión de Tecnólogo Radiológico en Radioterapia en Puerto Rico. Establece la supervisión requerida, los requisitos de educación y experiencia, y las funciones de la Junta Examinadora en relación con esta especialidad.
Contenido
(No. 74)
(Approved May 30, 2008)
AN ACT
To amend Act No. 76 of 2006, known as the "Act to Regulate the Profession of Diagnostic Imaging and Treatment Radiologic Technologists in Puerto Rico," in order to include new definitions and requirements related to the practice of the Radiotherapy Technologist profession.
STATEMENT OF MOTIVES
Act No. 76 of 2006, known as the "Act to Regulate the Profession of Diagnostic Imaging and Treatment Radiologic Technologists in Puerto Rico," was approved taking into consideration the positions of those professionals regulated by this Act. This Act establishes the requirements to regulate the practice of the profession of Diagnostic Imaging and Treatment Radiologic Technologists and creates the Examining Board for the Diagnostic Imaging and Treatment Radiologic Technologists of Puerto Rico.
Upon its approval, it did not clearly specify the functions, duties and supervision of Radiotherapy Technologists, a profession that performs special functions and which requires a special academic preparation. At present, Act No. 76, supra, does not contain the parameters needed for the Examining Board of Radiologic Technologists to regulate the same. It is necessary to amend Act No. 76, supra, to enable the Board to regulate this profession in a precise manner and thus protect the public health, which is of compelling interest for the State.
A Radiologic Technologist is the person responsible for acquiring medical images with diagnostic purposes for the study of the human body. A Radiotherapy Technologist is a person specialized in ionizing radiation treatment and in the management of equipment for the treatment planning. As it can be seen, a Radiotherapy Technologist performs some functions that cannot be performed by a Radiology Technologist for lack of the specialized training required for treatments with ionizing radiation.
The amendments proposed through this bill shall have the effect of clarifying the duties, responsibilities and supervision of Radiotherapy Technologists in Puerto Rico. The primary responsibility for the patient's safety falls on the professional who provides the service directly. The patients who resort to receiving treatment services trust that the persons who are providing such service have the knowledge, skills and attitudes needed to provide quality services. The approval of these amendments does justice not only to a professional class such as the Radiotherapy Technologists but it also guarantees an optimum public health to the people, which is a fundamental right for all human beings.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 1 of Act No. 76 of 2006, is hereby amended to read as follows: "Section 1.- This Act shall be known and may be cited as the "Act to Regulate the Profession of Diagnostic Imaging and Treatment by Radiologic and Radiotherapy Technologists in Puerto Rico."
Section 2.- Subsection
(g) is hereby amended and new subsections
(q) and
(r) are hereby added to Section 2 of Act No. 76 of 2006, to read as follows: "Section 2.- Definitions
(a) (g) Radiologic Technologist in Radiotherapy is the Radiologic Technologist specially trained to operate equipment for the administration of radiation treatment. He /She must be supervised by a Radio-oncologist and a Physicist.
(q) Radio-oncologist is that Specialist Physician duly qualified by means of a formal training as evinced by documents from an institution accredited by the Board of Medical Examiners of Puerto Rico who has shown his capacity and knowledge in that field and who has been certified by said Board.
(r) Specialist Physicist duly qualified by means of formal training in Radio-oncology, responsible for the methods of calculation, quality control and dosimetric functioning of the radiotherapy treatment equipment."
Section 3.- Section 3 of Act No. 77 of 2006, is hereby amended to read as follows: "Section 3.- The Practice of the Diagnostic Imaging and Treatment Radiologic Technology
Any person who is engaged in the practice of the Radiologic Diagnostic Imaging and Treatment Technology, and who as such intervenes in the operation or functioning of equipment that emit radiation, or other forms of electromagnetic energy used for diagnosis, shall carry out his/her functions under the supervision of a radiology physician and shall have a Diagnostic Imaging and Treatment Radiologic Technologist license. In the case of
Radiotherapy Technologists, these shall hold a license that certifies them as such, which authorizes them to operate any equipment used in the treatment of patients, although the equipment used is able to provide a clinical diagnosis in another modality. These shall carry out their functions under the direction of a Radio-oncologist and a Physicist. Veterinarians, dentists, nuclear medicine technologists, forensic pathologists and radiation physicists while operating such equipment in the regular course of their professions are hereby exempted from the application of this Act and all other professionals who use radiological imaging, provided, that they are authorized by the law that regulates the practice of said functions."
Section 4.- Section 6 of Act No. 76 of 2006, is hereby amended to read as follows: "Section 6.- Requirements for the Members of the Board The Members of the Board shall be more than twenty-one (21) years of age, citizens of the United States of America and residents of the Commonwealth of Puerto Rico. Likewise, said members shall hold a Diagnostic Imaging and Treatment Radiologic Technologist license duly recertified pursuant to the laws of Puerto Rico and have actively practiced the Diagnostic Imaging and Treatment Radiologic Technologist profession for not less than three (3) years. Furthermore, they shall be actively practicing the Diagnostic Imaging and Treatment Radiologic Technologist profession at the time of their appointment. Provided further, that the person who represents the technologists in the field of radiotherapy shall be actively practicing the profession in this discipline. However, no more than two (2) members shall have been professors, but in turn, must have resigned to said office three (3) years before holding any office in the Board. No member of the Board shall be a shareholder or belong to the Board of Trustees or Board
of Directors of a Diagnostic Imaging and Treatment Radiologic Technology University, College, or School."
Section 5.- Section 7 of Act No. 76 of 2006, is hereby amended to read as follows: "Section 7.- Requirement of Professional Advice The Board may request or constitute committees in order to provide advice on the standards, procedures, and amendments to the laws and regulations, preparation of tests, and any other necessary areas in the performance of their legal responsibilities. The committees shall be designated by the Examining Board. In the case of the field of radiotherapy, the Board shall consult with specialists such as Radio-oncologists and/or Physicists, and Radiotherapy Physicians when drafting any regulation, norm or procedure pertaining to the exercise of the profession Radiotherapy Technologist in Puerto Rico."
Section 6.- Section 14 of Act No. 76 of 2006, is hereby amended to read as follows: "Section 14.- Application for Examination, Qualifications, and Requirements.
The candidates shall submit to the Board an application to take the examination in the form provided by the Board to such effects, together with a certified check or money order in the name of the Secretary of the Treasury, in the amount specified in Section 19 of this Act, and any other documents required by regulations from the examination candidates. a) d) In the case of Radiotherapy Technologists, they must have completed a study program accredited by the Council on Higher Education or any accrediting agency
recognized for its specialty in Radiotherapy, or a training period of not less than four thousand one hundred sixty (4,160) hours under the supervision of a Radiooncologist."
Section 7.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 74 (H.B. 3823) of the $7^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Act No. 76 of 2006, known as the "Act to Regulate the Profession of Diagnostic Imaging and Treatment Radiologic Technologists in Puerto Rico," in order to include new definitions and requirements related to the practice of the Radiotherapy Technologist profession, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $15^{ ext {th }}$ of July of 2008.
Francisco J. Domenech Director