Writing an Effective Licensure Law

Affiliates should use the information on this page in conjunction with a strategic advocacy plan and include the following tasks as possible action items.

The first thing an affiliate must accomplish before writing a licensure bill is to initiate groundwork by investigating existing radiologic technology laws and regulations.

Research existing laws and regulations

  • List key points and wording of existing statutes or regulations related to medical imaging and radiation therapy.
  • Enter the links to rules and regulations for your state.
  • Enter the statutory reference(s).
  • Enter contact information for the radiation control program in your state (can be found on the ASRT Radiation Control Program Offices webpage).
  • Enter contact information for the regulatory agency in your state. 
  • Have there been any bills drafted in the past? If so, review them and learn their history. Make a list of why they failed.

Investigate the state’s political climate

  • This research is ongoing. Affiliates will need to be aware of powerful lawmakers and the party affiliation of committee members with jurisdiction over the bill being considered.

Identify support and opposition to licensure

  • Conduct a survey of members.
  • List potential organizations that may oppose licensure or that are willing to be an ally.
  • Brainstorm what you’d like to see in a bill based on your research and level of support or opposition prior to bill drafting.

List modalities you want to include

  • In addition to the primary imaging certifications (radiography, radiation therapy, nuclear medicine technology, magnetic resonance and sonography) there are postprimary modalities and other disciplines that affiliates may want to consider for licensure, such as limited scope, fusion imaging and PAs who perform fluoroscopy. When making a modality wish list, also include pros and cons and potential hurdles.

Determine the type of licensure board

  • Department of Health
  • Radiation Control Agency
  • Independent licensing board
  • Medical board

Determine which personnel will be exempt. Other than licensed practitioners (physicians, dentists, chiropractors and podiatrists), there are other professions that may seek to be exempted from licensure laws.

Work with ASRT

  • Once an affiliate has identified and discussed the items above, it must work very closely with the ASRT to draft language for a bill.

Other things to consider

  • Language should state that licensure will be mandatory, not voluntary.
  • A provision that the state board for administering the licensure law will have majority representation by licensed radiologic technologists and that members on the board will represent each primary discipline (radiography, radiation therapy, nuclear medicine, etc.) that is included in the licensure law.
  • Educational requirements that each applicant for a license will have completed an educational curriculum no less than the standards approved by the Joint Review Committee on Education in Radiologic Technology (JRCERT), Joint Review Committee on Educational Programs in Nuclear Medicine Technology (JRCNMT), Joint Review Committee on Education in Diagnostic Medical Sonography (JRCDMS) or an equivalent organization. 
  • Whether or not a “grandfather clause” permits those currently practicing radiologic technology to apply for licensure if they register with the state and attain licensure within a specified time period.
  • Language that automatically qualifies radiologic technologists certified by the ARRT, NMTCB, ARDMS or other board-approved certification agency for licensure.
  • Whether there will be provisions for reciprocal licensure between states.
  • A provision for temporary or provisional licensure.
  • Disciplinary actions for technologists practicing without a license and appropriate penalties.
  • A section on continuing education requirements.