Legislative Update

by Lorenza Clausen, RT (R)(CT)(MR), CRT, CSRT Vice President, Legislative Chair

Thanks to all of you who participated in my CARE bill letter campaign and sent in letters for our trip to Washington, DC. All of the letters were personally delivered by one of us in the delegation. I would also like to thank all of those who contacted their state representative and assembly committee officers in regard to AB 356 and AB 445. There was a strong response to my call for public comment on these two bills. I believe they understand how those of us in the RT community feel about maintaining the quality and safety standards that we have in this state. We need to voice our concerns and opinions when it comes to the safety and well-being of patients in California.

National Legislative News

The CSRT participated again in the annual trek to Washington D.C. for the ASRT's RT in DC CARE bill campaign. A delegation of two board members, Lorenza Clausen, RT and Diane Garcia, RT, along with three CSUN BSRT students participated in education and Capitol Hill visits to lobby for the CARE bill. This was the 11th year that the Alliance of Medical Imaging professionals and associations has sponsored this event. The goal is to bring attention to the need for national minimum standards in medical imaging and radiation therapy. The country currently still lacks requirements for all medical imaging professionals who perform x-rays, MRI, US and Nuclear Medicine. There are also no minimum standards required for radiation therapy personnel. Over 140 technologists and students from all over the country united to learn about the CARE bill, how to speak to legislators and issues affecting imaging professionals today. The California delegation spent a day and a half visiting offices from all over the state. Letters from constituents were brought to the representative Legislative Health aides, who met with us to learn about the CARE bill and what it would mean for patients in California, as well as, across the country. At this writing, the bill has not yet been reintroduced. For those who are interested, you may read the bill text from last year's bills, HR 583 [H.R.583.IH] and SB 1042[S.1042.IS]. As soon as there is information about the new CARE bills in Washington, we will post that information on the website..

Other national and state imaging bill news:

Recently, a bill was introduced regarding Bone Densitometry reimbursement increases. Several California congressmen and women are already original cosponsors.

SB 769 [S.769.IS] or the Medicare Fracture Prevention and Osteoporosis Testing Act of 2009 addresses the DXA cuts and would return the reimbursement to 2006 levels or $140.

HR 1894 [H.R.1894.IH is the companion bill in the House.

SB 688 [S.688.IS] The Breast Cancer Patient Protection Act of 2009 was introduced in the Senate and

HR 1691 [H.R.1691.IH] is the companion bill introduced in the House. These bills address the issue of required coverage for minimum hospital stays for mastectomies, lumpectomies and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations.

New Mexico recently signed into law the addition of MR and Ultrasound personnel to the state licensure law. Oregon is in the process of doing the same and although it is still in committee, will most likely pass its own bill. The state of Virginia has also recently passed its Radiologist Assistant bill. Connecticut and Massachusetts, like California, have similar bills working their way through the legislature that would allow PAs to use and supervise ionizing radiation equipment. Texas and Connecticut are working on their own RA bills. The PA agreement would become incorporated into the RA bill in Connecticut. The state of Washington has two interesting bills, SB 5563 and HB 1680 , regarding the scheduling of meal and rest breaks and who would be required to work overtime. These would improve the working conditions of radiologic technologists.

SB 148 ( A-04/14/2009 html pdf) his bill would require mammography facilities to post serious violation notices in view of patients. It would also require posting of these violations after January 1, 2012 on the CDPH website. This bill will be heard in the Appropriations committee on May 15, 2009.

AB 359 (A-04/15/2009 html pdf) Through a grant program by the CDC, the CDPH participates in providing mammography and cervical cancer screening for certain members of the population who qualify at no more than 200% of the poverty level. It would provide for digital mammography screening where analog services were not available. It would also allow for a choice between digital and analog when both were available. This bill was amended and passed out of the Health committee on April 28, 2009 to Appropriations.

AB 877 (A-04/14/2009 html pdf) This bill would require the Department of Consumer Affairs to appoint a scope of practice committee of five members to write an analysis and report on any bill that would seek to expand the scope of practice of any healing arts practice. It would also require the affected group to pay for the reasonable cost of the analysis and reports. The purpose would provide an objective review of the expansion in the scope of practice to ensure it would not adversely affect the health and safety of Californians. Business and Professions committee passed this out amended to Appropriations on April 28, 2009.

AB 911 (I-02/26/2009 html pdf) This bill would require all licensed general acute care hospitals to calculate a NEDOCS score every three hours to assess the overcrowding of its emergency department. It would also require that they develop and implement a protocol for each level of score of overcrowding by January 1, 2011. This bill has been placed in the Appropriations suspense file after referred from Appropriations.

AB 1140 (A-04/14/2009) html pdf Current law prohibits healing arts practitioners from billing, charging or soliciting from a patient, client or 3rd party payer for performing a diagnostic imaging service that was not performed by them or someone under their supervision. Third party payers are defined as those who are responsible to pay for MRI, CT or PET services. Currently in Business and Professions with hearing postponed on May 5, 2009. Scheduled for May 12, 2009.

On April 13, 2009 the office of the governor announced a public/private partnership to add Allied Health Care professionals to the workforce. $32 million dollars including $16 million dollars from the state by way of the Recovery Act federal stimulus funding and the federal Workforce Investment Act funding will add more allied health students to be enrolled in programs. This will help offset the shortages seen in many healthcare professions over the next three years. The Labor and Workforce Development Agency in partnership with California community colleges, UC and CSU teaching institutions and their teaching hospitals, as well as, many other agencies will start this fall by adding 700 students to programs such as pharmacy, laboratory technology and the radiation sciences. It hopes to improve the quality of healthcare for Californians, while at the same time add jobs in a down economy. Healthcare needs are growing in the state with the population aging over the next several years. The governor created a similar program in 2005 with the California Nurse Education Initiative that sought to increase the number of registered nurses to offset a shortage in that area.