3701-83-52 Personnel and staffing requirements - freestanding diagnostic imaging centers.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Health

Agency Name

 

Jodi Govern

Division                                                                  Contact

 

246 North High St. P.O. Box 118 Columbus OH 43216-118

614-466-4882        614-728-7813

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

3701-83-52

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Personnel and staffing requirements - freestanding diagnostic

imaging centers.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3702.13

5.  Statute(s) the rule, as filed, amplifies or implements: 3702.30

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule has been reviewed pursuant to R.C. 119.032 (five-year review)and it's being proposed with amendments.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

The rule states the personnel and staffing requirements for freestanding diagnostic

imaging centers. Each freestanding or mobile diagnostic imaging center shall have a radiologist, nuclear medicine physician, authorized user, physician acting within his or her scope of practice, or chiropractic radiologist, a physician on site when sedation or contrast agents are being administered, and sufficient and qualified personnel as appropriate for the services being offered. References to Nuclear Regulatory Commission regulations were changed to the Ohio Administrative Code rules for freestanding radiation therapy centers and diagnostic imaging centers. The "American Registry of Magnetic Resonance Imagery Technologists" is added as an accrediting agency that can certify technologists who prepare and position patients for MRIs.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule references the Ohio Revised and Administrative codes which are the accepted law of the state of Ohio and are generally available in libraries, federal and state agencies, and on the internet. Also mentioned is the American Registry of Radiologic Technologists and the American Registry of Magnetic Resonance Imaging Technologists; these are accrediting health care organizations generally known to persons who reasonably can be expected to be affected by the rule.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Pursuant to R.C. 121.71 to 121.74, these references are exempt.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

1.  This rule is being revise filed to correct the authorizing authority on the rule summary.

Change on 5/17/06

2.  Further amendments are being proposed to bring the rule in line with the American Registry of Radiologic Technologist's (ARRT) eligibility requirements for nuclear medicine and radiation therapy technologists to cross train for certification in MRI. This revision will also provide consistency for all facility types in the state of Ohio.

12. 119.032 Rule Review Date: 2/28/2006

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not applicable

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Not applicable

16.  Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No