It is a misdemeanor for any person, firm, association or corporation to:
A. knowingly or willfully employ as a medical imaging professional or radiation therapist any person who is required to but does not possess a valid license or certificate of limited practice to engage in the practice of medical imaging or radiation therapy;
B. sell, fraudulently obtain or furnish any medical imaging technology or radiation therapy license or certificate of limited practice or to aid or abet therein;
C. practice medical imaging or radiation therapy as defined by the Medical Imaging and Radiation Therapy Health and Safety Act unless exempted or licensed to do so under the provisions of that act; or
D. otherwise violate any provisions of the Medical Imaging and Radiation Therapy Health and Safety Act.
The department shall assist the proper legal authorities in the prosecution of all persons violating the provisions of the Medical Imaging and Radiation Therapy Health and Safety Act. In prosecutions under that act, it shall not be necessary to prove a general course of conduct. Proof of a single act, a single holding out or a single attempt shall constitute a violation, and, upon conviction, such person shall be sentenced to be imprisoned in the county jail for a definite term not to exceed one year or to the payment of a fine of not more than one thousand dollars ($1,000) or both. The department shall notify within thirty days of a final disciplinary action any credentialing organization through which the person is credentialed or certified.
History: Laws 1983, ch. 317, § 12; 1993, ch. 140, § 7; 2009, ch. 106, § 11.
ANNOTATIONSThe 2009 amendment, effective June 19, 2009, changed the name of the act from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act"; in Subsection A, after "employ as a", deleted "radiologic technologist" and added "medical imaging professional or radiation therapist"; after "valid", changed "certificate" to "license" and after "practice of", deleted "radiologic technology" and added "medical imaging or radiation therapist"; in Subsection B, after "furnish any", deleted "radiologic technology" and added "medical imaging or radiation therapist" and after "certificate or", changed "certificate" to "license"; and in Subsection C, after "practice", deleted "radiologic technology" and added "medical imaging or radiation therapist"; after "exempted or", changed "duly certified" to "license"; and added the last sentence.
The 1993 amendment, effective June 18, 1993, substituted "department" for "division" in the first sentence of the second paragraph.