NAC: CHAPTER 653 - RADIATION THERAPY AND RADIOLOGIC IMAGING

[Rev. 8/6/2022 10:35:39 PM]

[NAC-653 Revised Date: 7-22]

CHAPTER 653 - RADIATION THERAPY AND RADIOLOGIC IMAGING

GENERAL PROVISIONS

653.010 Definitions.

653.020 “Contact hour” defined.

653.025 “Continuing education activity” defined.

653.027 “Continuing education credit” defined.

653.030 “Division” defined.

653.038 “License” defined.

653.040 “License holder” defined.

653.042 “Licensed practitioner” defined.

653.045 “Limited license” defined.

653.055 “Radiation therapy” defined.

653.058 “Radiologic imaging” defined.

653.060 “Radiologist assistant” defined.

653.065 “Rural authorization” defined.

653.080 “Crime involving moral turpitude” defined for purposes of paragraph (e) of subsection 1 of NRS 653.460.

653.085 “Unprofessional conduct” defined for purposes of paragraph (e) of subsection 1 of NRS 653.460.

653.090 Adoption of publications by reference.

LICENSING

653.100 Issuance of license to engage in radiation therapy and radiologic imaging.

653.105 Issuance of license or limited license to person performing radiation therapy or radiologic imaging on or before January 1, 2020.

653.110 Renewal of license or limited license: Requirements; request for hearing if application denied; appeal; submission of new application.

653.120 Notification to Division of change of mailing address of license holder; effect of failure to comply.

FEES

653.200 Payment; exception; refund.

CONTINUING EDUCATION

653.300 Requirements for renewal of license, limited license or rural authorization.

PRACTICE

653.400 Scope of practice for radiologist assistants and persons who hold licenses or limited licenses.

653.410 Expiration of registration to engage in radiation therapy or radiologic imaging outside scope of practice; expiration of registration to perform computed tomography.

653.415 Application for issuance or renewal of registration to continue performing computed tomography or fluoroscopy; expiration of registration.

653.425 Supervision of person who holds limited license performing radiologic imaging.

653.430 Rural authorization to take X-ray photographs: Application; expiration; renewal.

653.435 Rural authorization to take X-ray photographs: Rural health clinic or federally-qualified health center required to establish quality assurance program under certain circumstances.

653.450 Inspection of machine that produces radiation or radioactive materials by Division.

ADMINISTRATIVE REMEDIES

653.600 Procedure for review of actions taken by Division against license holder, registrant or applicant; final remedy.

GENERAL PROVISIONS

NAC 653.010 Definitions. (NRS 439.150, 439.200, 653.460) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 653.020 to 653.065, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020; A by R043-20, 12-29-2020)

NAC 653.020 “Contact hour” defined. (NRS 653.460) “Contact hour” means 50 minutes of learning or instruction.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.025 “Continuing education activity” defined. (NRS 653.460) “Continuing education activity” means a course or program that is planned, organized and administered to:

1. Provide sufficient depth and scope of a subject area; and

2. Enhance the knowledge and skill that underlies the professional performance that a license holder uses to provide services to patients, the public or the medical profession.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.027 “Continuing education credit” defined. (NRS 653.460) “Continuing education credit” means 1 contact hour in a continuing education activity that is:

1. Approved by the Division; or

2. Prescribed and recognized by:

(a) The American Registry for Radiologic Technologists, or its successor organization;

(b) The Nuclear Medicine Technology Certification Board, or its successor organization;

(d) The Conjoint Accreditation Services of the Canadian Medical Association; or

(e) The Australian Society of Medical Imaging and Radiation Therapy.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.030 “Division” defined. (NRS 653.460) “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.038 “License” defined. (NRS 653.460) “License” has the meaning ascribed to it in NRS 653.350.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.040 “License holder” defined. (NRS 653.460) “License holder” means a person who holds a license or limited license to engage in radiation therapy and radiologic imaging issued pursuant to NRS 653.310 to 653.910, inclusive.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.042 “Licensed practitioner” defined. (NRS 653.460) “Licensed practitioner” means a person who is licensed or authorized pursuant to chapters 630 to 640, inclusive, of NRS.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.045 “Limited license” defined. (NRS 653.460) “Limited license” has the meaning ascribed to it in NRS 653.360.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.055 “Radiation therapy” defined. (NRS 653.460) “Radiation therapy” has the meaning ascribed to it in NRS 653.380.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.058 “Radiologic imaging” defined. (NRS 653.460) “Radiologic imaging” has the meaning ascribed to it in NRS 653.390.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.060 “Radiologist assistant” defined. (NRS 653.460) “Radiologist assistant” has the meaning ascribed to it in NRS 653.400.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.065 “Rural authorization” defined. (NRS 439.150, 439.200, 653.460) “Rural authorization” means a rural authorization issued pursuant to NAC 653.430.

(Added to NAC by Bd. of Health by R043-20, eff. 12-29-2020)

NAC 653.080 “Crime involving moral turpitude” defined for purposes of paragraph (e) of subsection 1 of NRS 653.460. (NRS 653.460)

1. For the purpose of paragraph (e) of subsection 1 of NRS 653.460, “crime involving moral turpitude” means:

(a) A crime committed by a license holder that resulted in harm to a patient of the license holder;

(b) A crime of dishonesty that might impair the ability of a license holder to perform his or her duties; or

(c) A violation by the license holder of any federal or state law that regulates the possession, distribution or use of any controlled substance or any dangerous drug within the immediately preceding 7 years.

2. The term includes, without limitation:

(a) Any abuse, neglect, exploitation, isolation or abandonment by the license holder of a patient of the license holder who is an older person or vulnerable person, including, without limitation, a violation of:

(1) NRS 200.5091 to 200.50995, inclusive; or

(2) A law or regulation of the District of Columbia or any state or territory of the United States that prohibits the same or similar conduct.

(b) A violation by the license holder of NRS 422.450 to 422.590, inclusive.

3. As used in this section:

(a) “Abandonment” has the meaning ascribed to it in NRS 200.5092.

(b) “Abuse” has the meaning ascribed to it in NRS 200.5092.

(d) “Dangerous drug” has the meaning ascribed to it in NRS 454.201.

(e) “Exploitation” has the meaning ascribed to it in NRS 200.5092.

(f) “Isolation” has the meaning ascribed to it in NRS 200.5092.

(g) “Neglect” has the meaning ascribed to it in NRS 200.5092.

(h) “Older person” has the meaning ascribed to it in NRS 200.5092.

(i) “Vulnerable person” has the meaning ascribed to it in NRS 200.5092.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.085 “Unprofessional conduct” defined for purposes of paragraph (e) of subsection 1 of NRS 653.460. (NRS 653.460) For the purpose of paragraph (e) of subsection 1 of NRS 653.460, “unprofessional conduct” means when a license holder engages in the following conduct:

1. A departure from or failure to conform to the rules of applicable federal, state or local governments regarding the practice of radiation therapy and radiologic imaging. If no such rule exists, a departure from or failure to conform to the minimal standards of acceptable and prevailing practice for radiation therapy and radiologic imaging.

2. Any practice of radiation therapy and radiologic imaging that may create unnecessary danger to the life, health or safety of the patient of the license holder.

Ê Actual injury to a patient of the license holder or the public need not be established for a license holder to engage in unprofessional conduct.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.090 Adoption of publications by reference. (NRS 439.200, 653.460, 653.630)

1. Chapter 10 of the Health Center Compliance Manual, 2018 edition, published by the Health Resources and Services Administration of the United States Department of Health and Human Services, is hereby adopted by reference. The publication is available at no charge from the Health Resources and Services Administration at the Internet address https://bphc.hrsa.gov/programrequirements/compliancemanual/chapter-10.html#titletop or, if that Internet website ceases to exist, from the Division.

2. The ARRT Standards of Ethics, published on September 1, 2019, by the American Registry of Radiologic Technologists, is hereby adopted by reference. The publication is available at no charge from the American Registry of Radiologic Technologists at the Internet address https://www.arrt.org/docs/default-source/governing-documents/arrt-standards-of-ethics.pdf?sfvrsn=c79e02fc_24 or, if that Internet website ceases to exist, from the Division.

3. If the publication adopted by reference in subsection 1 or 2 is revised, the Division must review the revision to determine its suitability for this State. If the Division determines that the revision is not suitable for this State, the Division must consult with the Radiation Therapy and Radiologic Imaging Advisory Committee created by NRS 653.450. If the Division does not revise its determination after consulting the Committee, the Division must hold a public hearing to review its determination and give notice of that hearing within 90 days after the date of publication of the revision. If, after the hearing, the Division does not revise its determination, the Division must give notice that the revision is not suitable for this State within 90 days after the hearing. If the Division does not give such notice, the revision becomes part of the publication adopted by reference pursuant to subsection 1 or 2, as applicable.

(Added to NAC by Bd. of Health by R043-20, eff. 12-29-2020)

LICENSING

NAC 653.100 Issuance of license to engage in radiation therapy and radiologic imaging. (NRS 653.460) For the purpose of subsection 1 of NRS 653.510, the Division may issue a license to engage in radiation therapy and radiologic imaging to a person who is certified pursuant to subsection 2 of NRS 653.510, and who has successfully completed an educational program accredited by:

1. A regional accrediting agency, as recognized by the American Registry of Radiologic Technologists; or

2. The Conjoint Accreditation Services of the Canadian Medical Association or its successor organization.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.105 Issuance of license or limited license to person performing radiation therapy or radiologic imaging on or before January 1, 2020. (NRS 439.150, 653.460)

1. Pursuant to section 75 of Senate Bill No. 130, chapter 435, Statutes of Nevada 2019, at page 2744, the Division shall issue a license or a limited license to a person who:

(a) Is performing radiation therapy or radiologic imaging as part of his or her employment on or before January 1, 2020;

(b) Registers with the Division; and

2. A person seeking to obtain a license or limited license pursuant to subsection 1 must:

(a) Submit to the Division a completed application form for a license or limited license;

(b) Pay the fee for the issuance of a license or limited license, as applicable, set forth in NAC 653.200;

(c) Submit to the Division a signed attestation of employment in radiation therapy or radiologic imaging on or before January 1, 2020, including, without limitation, a description of his or her scope of practice;

(d) Submit to the Division a completed and signed statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520; and

(e) Provide any additional information that the Division requests.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.110 Renewal of license or limited license: Requirements; request for hearing if application denied; appeal; submission of new application. (NRS 653.460)

1. The Division shall not renew a license or limited license unless the applicant for renewal of the license or limited license provides to the Division evidence that he or she has:

(a) Satisfied:

(1) The qualifications for the renewal of a license or limited license set forth in this chapter and in NRS 653.310 to 653.910, inclusive; and

(2) The continuing education requirements set forth in NAC 653.300; and

(b) Paid the fee for the renewal of a license or limited license, as applicable, set forth in NAC 653.200.

2. If the Division receives an application to renew a license or limited license 90 days before the expiration of the license or limited license, the Division shall determine if the applicant for the renewal of the license or limited license has satisfied the requirements set forth in subsection 1. If the Division determines that an applicant for the renewal of the license or limited license has not satisfied the requirements set forth in subsection 1, the Division shall send a notice to the applicant explaining any deficiency which prevents the renewal of the license or limited license. Such notice must set forth a date by which the applicant must correct such a deficiency. Such notice must be sent to the applicant:

(a) Within 90 days of the receipt of the application for the renewal of the license or limited license by the Division; or

(b) Thirty days before the expiration date of the license or limited license,

Ê whichever occurs earlier.

3. An applicant for renewal of a license or limited license may, at any time while his or her application is pending, including, without limitation, before receiving the notice pursuant to subsection 2 or after receiving the notice pursuant to subsection 2, submit additional information to the Division to satisfy the requirements set forth in subsection 1 or to correct a deficiency that would result in receiving a notice pursuant to subsection 2. If the applicant fails to provide additional information to the Division by the date set forth in the notice received pursuant to subsection 2, the Division shall issue a notice to the applicant that explains that the Division has denied his or her application to renew the license or limited license.

4. An applicant who has received a notice of denial to renew the license or limited license issued pursuant to subsection 3 may request a hearing before the Administrator of the Division within 10 business days after the receipt of the notice. The applicant has the burden of proof in such a hearing. The applicant may appeal the determination of the Administrator for judicial review in the manner set forth in NRS 233B.121 to 233B.150, inclusive.

5. If the license or limited license of an applicant is not renewed and the applicant does not succeed in his or her appeal pursuant to subsection 4, the applicant may submit a new application for the issuance of a license or limited license. The applicant shall not engage in radiologic imaging or radiation therapy unless he or she has been issued a license or limited license from the Division.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.120 Notification to Division of change of mailing address of license holder; effect of failure to comply. (NRS 653.460)

1. A license holder shall notify the Division of any change in the mailing address of the license holder or of any change in name, including, without limitation, a change in name that results from marriage, within 10 business days after such a change. A license holder may make such a notice either in writing or through the Internet website of the Division.

2. If a license holder fails to notify the Division pursuant to subsection 1, the Division shall not consider such failure to notify:

(a) A cause to delay any administrative proceedings involving the license holder that may subsequently occur; or

(b) As excusing the license holder from complying with any of the provisions of NRS 653.310 to 653.910, inclusive, or the provisions of this chapter.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

FEES

NAC 653.200 Payment; exception; refund. (NRS 439.150, 439.200, 457.183, 653.460)

1. Except as otherwise provided in subsection 3:

(a) A person who is applying to the Division for the issuance or renewal of a license or a limited license pursuant to NRS 653.310 to 653.910, inclusive, a rural authorization or a registration to perform computed tomography or fluoroscopy pursuant to subsection 3 of NRS 653.620 shall pay the applicable fee for the issuance or renewal of a license, limited license, rural authorization or registration which is set forth in this section.

(b) Before issuing or renewing a license, limited license, rural authorization or registration to perform computed tomography or fluoroscopy, the Division shall charge and collect the issuance or renewal fee which is set forth in this section.

2. The Division shall charge and collect the following fees:

For the issuance or renewal of a license or a limited license pursuant to NRS 653.510 or 653.520.........................................................................................	$200
For the issuance or renewal of a license or a limited license pursuant to NRS 653.530 or 653.540.........................................................................................	200
For issuance of a provisional license...................................................................	25
For issuance of a temporary student license pursuant to subsection 3 of NRS 653.610...........................................................................................................	25
For issuance of a duplicate license or a duplicate limited license.......................	25
For the issuance or renewal of a rural authorization...........................................	50
For the issuance or renewal of a registration to perform computed tomography or fluoroscopy if the person performed computed tomography or fluoroscopy as part of his or her employment on January 1, 2020, as provided in subsection 3 of NRS 653.620.....................................................................	200

3. An applicant for the issuance of a license or limited license is not required to pay a fee pursuant to this section if the applicant holds a certificate to operate a radiation machine for mammography pursuant to NRS 457.183.

4. If the payment of an applicable fee was made in error, the Division shall refund the fee collected pursuant to subsection 2. The Division may deduct from this refund amount an amount that is calculated to cover the administrative costs related to the issuance of the refund.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020; A by R043-20, eff. 12-29-2020)

CONTINUING EDUCATION

NAC 653.300 Requirements for renewal of license, limited license or rural authorization. (NRS 439.150, 439.200, 653.460)

1. To renew his or her license, limited license or rural authorization, the license holder or person who holds a rural authorization shall maintain and provide to the Division evidence that he or she has completed not less than the required amount of continuing education credits set forth in this section.

2. A person who holds a license or limited license shall provide to the Division as documentation of his or her continuing education credits:

(a) A copy of valid certification issued by a national professional organization that indicates, as a requirement to maintain the certification, that the holder has completed continuing education that meets or exceeds the requirements prescribed by subsection 7 or 8, as applicable; or

(b) A certificate or list for the continuing education credits that is provided by American Registry for Radiologic Technologists, or its successor organization, or the Nuclear Medicine Technology Certification Board, or its successor organization, or another organization that meets the requirements of subsection 6 and is approved by the Division.

3. A person who holds a rural authorization shall provide to the Division documentation of his or her continuing education credits that includes, without limitation:

(a) The name of the participant;

(b) The date or dates of attendance;

(d) The number of continuing education credit hours earned; and

(e) The name of the organization sponsoring or providing the continuing education activity.

4. A continuing education activity that lasts longer than 1 contact hour is assigned whole or partial continuing education credit based on the contact hour.

5. A continuing education activity that lasts for 30 minutes or less must receive no continuing education credit.

6. All continuing education activities must be evaluated and certified by a recognized continuing education evaluation mechanism. For an organization to qualify as a recognized continuing education mechanism, the organization must be:

(a) National in scope;

(b) A nonprofit entity; and

7. A person who holds a license must complete the applicable continuing education credits listed below before renewing his or her license:

(a) If the person holds a license to engage in radiation therapy, he or she must complete 24 continuing education credits.

(b) If the person holds a license to engage in radiologic imaging, he or she must complete 24 continuing education credits.

8. A person who holds a limited license must complete 20 continuing education credits relating to category A or A+, as established by the American Registry for Radiologic Technologists, before renewing his or her limited license.

9. A person who holds a rural authorization must complete 20 continuing education credits relating to category A or A+, as established by the American Registry for Radiologic Technologists, before renewing his or her rural authorization.

10. As used in this section, “recognized continuing education evaluation mechanism” is a radiology-based or medical imaging-based organization that the American Registry for Radiologic Technologists has approved to evaluate the content, quality and integrity of proposed continuing education activities. Such evaluation includes, without limitation, the evaluation of the educational objectives of a continuing education activity, content relevancy and assurance, faculty qualifications and education methods and materials. The following organizations have the recognized continuing education evaluation mechanism status:

(a) American College of Radiology;

(b) American Healthcare Radiology Administrators;

(d) American Roentgen Ray Society;

(e) American Society of Nuclear Cardiology;

(f) American Society of Radiologic Technologists;

(g) Association of Vascular and Interventional Radiographers;

(h) Canadian Association of Medical Radiation Technologists;

(i) Medical Dosimetrist Certification Board;

(j) Radiological Society of North America;

(k) Society of Diagnostic Medical Sonography;

(l) Society for Magnetic Resonance Technologists of International Society for Magnetic Resonance in Medicine;

(m) Society of Nuclear Medicine and Molecular Imaging Technologist Section; and

(n) Society for Vascular Ultrasound.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020; A by R043-20, 12-29-2020)

PRACTICE

NAC 653.400 Scope of practice for radiologist assistants and persons who hold licenses or limited licenses. (NRS 439.200, 653.460, 653.630)

1. For the purpose of defining the scope of practice pursuant to paragraph (b) of subsection 1 of NRS 653.460:

(a) A radiologist assistant who is authorized to practice pursuant to NRS 653.600:

(1) May perform any duties relating to the care and management of patients, including, without limitation, radiologic imaging and interventional procedures guided by radiologic imaging, under the supervision of a radiologist who is certified by the American Board of Radiology, or its successor organization, or the American Osteopathic Board of Radiology, or its successor organization, in the areas of patient care, patient management, clinical imaging and interventional procedures.

(2) May provide initial observations concerning the images of a patient to a supervising physician who specializes in radiology.

(3) Shall not interpret images, make diagnoses, prescribe medication or therapies or otherwise engage in the practice of medicine, as defined in NRS 630.020.

(4) Shall perform his or her duties in accordance with the Standards of Ethics adopted by reference in subsection 2 of NAC 653.090.

(b) A person who holds a license to engage in radiation therapy issued pursuant to NRS 653.310 to 653.910, inclusive:

(1) May administer ionizing radiation emitted from X-ray machines, particle accelerators or sealed radioactive sources to human beings for therapeutic purposes.

(2) May perform simulation, procedures related to treatment planning, treatment delivery and dosimetric calculations as prescribed by a physician who is certified in radiation oncology by the American Board of Radiology, or its successor organization, or the American Osteopathic Board of Radiology, or its successor organization.

(3) May participate in procedures involving brachytherapy.

(4) Shall perform his or her duties in accordance with the Standards of Ethics adopted by reference in subsection 2 of NAC 653.090.

(1) May, while under the supervision of a licensed practitioner, if applicable, use ionizing radiation for diagnostic purposes or to visualize a medical condition by applying the ionizing radiation emitted from X-ray machines to any part of the human body.

(2) May, in conjunction with the study of radiation, administer contrast agents and related drugs for diagnostic purposes.

(3) May perform diagnostic radiographic and noninterpretive fluoroscopic procedures, as prescribed by a licensed practitioner, and may assist the licensed practitioner with fluoroscopic and specialized radiologic procedures.

(4) Shall perform his or her duties in accordance with the Standards of Ethics adopted by reference in subsection 2 of NAC 653.090.

(d) A person who holds a limited license to engage in radiologic imaging issued pursuant to NRS 653.520, 653.530 or 653.540, as applicable:

(1) May perform diagnostic radiographic procedures that are prescribed by a licensed practitioner on the specific areas of interest that are within the scope of practice of such a person.

(2) May assist a licensed practitioner or radiographer during static radiographic procedures.

(3) May perform radiographic examinations within the scope of practice of such a person.

(4) Shall perform his or her duties in accordance with the Standards of Ethics adopted by reference in subsection 2 of NAC 653.090.

2. A person who holds a rural authorization or any registration issued pursuant to this chapter and chapter 653 of NRS shall perform his or her duties in accordance with the Standards of Ethics adopted by reference in subsection 2 of NAC 653.090.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020; A by R043-20, 12-29-2020)

NAC 653.410 Expiration of registration to engage in radiation therapy or radiologic imaging outside scope of practice; expiration of registration to perform computed tomography. (NRS 439.200, 653.460, 653.610, 653.630)

1. A registration issued pursuant to NRS 653.610 to engage in radiation therapy or radiologic imaging outside the scope of practice authorized for a holder of a license or limited license expires on the date on which the holder’s license or limited license, as applicable, expires.

2. A registration to perform computed tomography issued pursuant to NRS 653.630 expires on the date on which the holder’s license expires.

(Added to NAC by Bd. of Health by R043-20, eff. 12-29-2020)

NAC 653.415 Application for issuance or renewal of registration to continue performing computed tomography or fluoroscopy; expiration of registration. (NRS 439.200, 653.460, 653.620, 653.630)

1. An application for the issuance or renewal of registration to continue performing computed tomography or fluoroscopy pursuant to NRS 653.620 must include, without limitation:

(a) Proof acceptable to the Division that the applicant performed computed tomography or fluoroscopy as part of his or her employment on January 1, 2020, and has continuously performed computed tomography or fluoroscopy after that date; and

(b) Documentation acceptable to the Division of the applicant’s scope of practice on and after January 1, 2020.

2. A registration to continue performing computed tomography or fluoroscopy issued pursuant to NRS 653.620 expires 2 years after the date on which the registration was issued and must be renewed on or before that date.

(Added to NAC by Bd. of Health by R043-20, eff. 12-29-2020)

NAC 653.425 Supervision of person who holds limited license performing radiologic imaging. (NRS 653.460)

1. Pursuant to paragraph (d) of subsection 1 of NRS 653.460, a person who holds a limited license may perform radiologic imaging, as specified by his or her limited license, only while under the supervision of a licensed practitioner.

2. When providing the supervision pursuant to subsection 1, the licensed practitioner is responsible for and must control the quality, radiation safety and protection and any other technical aspect of using ionizing radiation on human beings for diagnostic or therapeutic purposes.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

NAC 653.430 Rural authorization to take X-ray photographs: Application; expiration; renewal. (NRS 439.150, 439.200, 653.460, 653.620)

1. A person who seeks to take X-ray photographs pursuant to subsections 1 and 2 of NRS 653.620 must be issued a rural authorization by the Division before taking such X-ray photographs.

2. To be issued the rural authorization that is required pursuant to subsection 1, a person must:

(a) Submit to the Division a completed application form for rural authorization;

(b) Pay the fee for the issuance of a rural authorization set forth in NAC 653.200;

(c) Submit to the Division a completed and signed statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520;

(d) Submit to the Division proof that the person will be employed or serve as an independent contractor in a rural health clinic or federally-qualified health center that has established a quality assurance program for X-ray photographs that meets the requirements adopted by reference in subsection 1 of NAC 653.090;

(e) Attest to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices; and

(f) Provide any additional information that the Division requests.

3. A rural authorization issued pursuant to subsection 1 expires 2 years after the date on which the rural authorization was issued and must be renewed.

4. To renew a rural authorization issued pursuant to subsection 1, the person who holds the rural authorization must:

(a) Submit to the Division a completed application form for the renewal of the rural authorization;

(b) Pay the fee for the renewal of a rural authorization set forth in NAC 653.200;

(c) Submit to the Division proof that the person will be employed or serve as an independent contractor in a rural health clinic or federally-qualified health center that has established a quality assurance program for X-ray photographs that meets the requirements adopted by reference in subsection 1 of NAC 653.090;

(d) Submit to the Division a completed and signed statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520;

(f) Complete the applicable continuing education requirements set forth in NAC 653.300; and

(g) Provide any additional information that the Division requests.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020; A by R043-20, 12-29-2020)

NAC 653.435 Rural authorization to take X-ray photographs: Rural health clinic or federally-qualified health center required to establish quality assurance program under certain circumstances. (NRS 439.200, 653.460, 653.620, 653.630)

1. A rural health clinic or federally-qualified health center that employs the holder of a rural authorization or for which such a person serves as an independent contractor must establish a quality assurance program for X-ray photographs that meets the requirements prescribed by the publication adopted by reference pursuant to subsection 1 of NAC 653.090.

2. The rural health clinic or federally-qualified health center shall make documentation of the quality assurance program available to the Division upon request.

(Added to NAC by Bd. of Health by R043-20, eff. 12-29-2020)

NAC 653.450 Inspection of machine that produces radiation or radioactive materials by Division. (NRS 653.460) While inspecting a machine that produces radiation or radioactive materials, the Division may request documentation which shows that the operators of such machines satisfy the applicable requirements for training and credentialing that apply to license holders.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)

ADMINISTRATIVE REMEDIES

NAC 653.600 Procedure for review of actions taken by Division against license holder, registrant or applicant; final remedy. (NRS 653.460)

1. A license holder, a person who holds a registration pursuant to NRS 653.620 or an applicant for a license or limited license or registration who has reason to believe that an action taken by the Division against the license holder, person who holds a registration or applicant pursuant to NRS 653.310 to 653.910, inclusive, is incorrect or based on inadequate facts may, within 10 business days of receiving a notice of such an action, request an informal discussion with the employee of the Division who is responsible for the action and the immediate supervisor of the employee.

2. If the informal discussion entered into pursuant to subsection 1 does not resolve the complaint, the license holder, person who holds a registration pursuant to NRS 653.620 or applicant for a license or limited license or for such a registration who has reason to believe that an action taken by the Division pursuant to NRS 653.310 to 653.910, inclusive, is incorrect or based on inadequate facts may, within 10 business days after the date of the informal discussion, submit a written request to the Division for an informal conference of at least three persons chosen by the Division that does not include the employees of the Division listed in subsection 1. The informal conference must be scheduled for a date, place and time that is agreed to by the license holder, person who holds a registration or applicant, as applicable, and the Division. Such an informal conference must occur not later than 60 days after the date on which the Division received the written request for the informal conference. If the license holder, person who holds a registration or applicant, as applicable, and the Division cannot agree to a date, place and time for the informal conference, the Division shall designate the date, place and time of the informal conference.

3. The determination of the Division that results from the informal conference cannot be appealed and is the final remedy available to the license holder or applicant.

4. The provisions of this section do not apply to a complaint that falls under the scope of NRS 653.700 or 653.720.

(Added to NAC by Bd. of Health by R074-19, eff. 6-8-2020)