Director; powers and duties

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§ 2812. Director; powers and duties

(a) The Director shall adopt rules necessary for the effective administration of this chapter, including:

(1) a definition of the practice of radiologic technology, interpreting section 2801 of this chapter;

(2) qualifications for obtaining licensure, interpreting sections 2821a and 2821b of this chapter;

(3) explanations of appeal and other significant rights given to applicants and the public;

(4) procedures for disciplinary and reinstatement cases;

(5) [Repealed.]

(6) procedures for mandatory reporting of unsafe radiologic conditions or practices;

(7) procedures for continued competency evaluation;

(8) procedures for radiation safety;

(9) procedures for competency standards for license applications and renewals.

(b) The Director shall:

(1) [Repealed.]

(2) [Repealed.]

(3) investigate suspected unprofessional conduct;

(4) periodically determine whether a sufficient supply of good quality radiologic technology services is available in Vermont at a competitive and reasonable price and take suitable action, within the scope of the Office's powers, to solve or bring public and professional attention to any problem that it finds in this area; and

(5) as a condition of renewal require that a licensee establish that he or she has completed a minimum of 24 hours of continuing education, the specific requirements of which may be specified by rule.

(c) The Director may:

(1) Refer cases of apparent improper radiologic technology practice to any occupational board with authority over the person concerned.

(2) Investigate suspected cases of unauthorized practice of radiologic technology, and refer any such case the Office's State prosecuting attorney, to the Attorney General, or a State's Attorney for possible prosecution and injunctive relief.

(3) Conduct hearings.

(4) Administer oaths and issue subpoenas.

(5) Issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced in the same manner as a subpoena.

(6) Adopt rules relating to the procedures to be followed in handling complaints and conducting hearings under this chapter.

(7) Receive assistance from the Attorney General or other State agencies, so long as the assistance is not contrary to any other State law.

(8)(A) Conduct a competency evaluation where radiographic services are performed by licensees and licensed practitioners required to demonstrate competency under section 2804 of this chapter to ensure that optimum radiologic technology practices are used to minimize patient and occupational radiation dose.

(B) The Director may contract with the Department of Health or others to perform evaluations under this subdivision (8). (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4; 1991, No. 167 (Adj. Sess.) § 45; 1993, No. 108 (Adj. Sess.), § 12; 1999, No. 52, §§ 19, 20; 2011, No. 116 (Adj. Sess.), § 43; 2013, No. 27, § 32; 2019, No. 30, § 18.)


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