Health (Medical Radiation Technologists) Regulations 1997

i Health (Medical Radiation Technologists) Regulations 1997 S.R. No. 13/1997 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provisions 1 3. Commencement 2 4. Definitions 2 PART 2—THE BOARD 3 5. Functions 3 6. Appointment of members 3 7. Appointment of chairman 3 8. Procedures 3 PART 3—REGISTRATION 4 9. Applications 4 10. Qualifications for radiographer 4 11. Qualifications for nuclear medicine technologist 4 12. Registration 5 13. Grounds for refusal of registration 5 14. Provisional registration 7 PART 4—RENEWAL OF REGISTRATION 9 15. Expiration of registration 9 16. Applications for renewal 9 17. Renewal 10 PART 5—CERTIFICATES OF REGISTRATION 11 18. Certificates to be issued 11 -- 1 of 30 -- Regulation Page ii PART 6—THE REGISTER OF RADIOGRAPHERS AND NUCLEAR MEDICINE TECHNOLOGISTS 12 19. The register 12 20. Public access 12 PART 7—INQUIRIES 13 21. Matters for inquiry 13 22. Notice to be given 13 23. Entitlements 13 24. Professional conduct 13 25. Suspension pending inquiry 14 26. Operation of suspension or cancellation 15 27. Reasons to be given 15 PART 8—APPEALS 16 28. Grounds for appeal 16 29. Notice to board 16 30. Jurisdiction 16 31. Board to comply 17 32. Suspension or cancellation to continue despite appeal 17 PART 9—OFFENCES 18 33. Titles protected 18 ————————— SCHEDULES 19 SCHEDULE 1—Terms of conditions of appointment of Members of the Board 19 SCHEDULE 2—Procedures of the Board 20 SCHEDULE 3—Application for registration to practise radiography or nuclear medicine technology 21 SCHEDULE 4—Fees 22 SCHEDULE 5—Qualification for registration 23 SCHEDULE 6—Application for renewal of registration 26 SCHEDULE 7—Certificate of registration to practise radiography or nuclear medicine technology 27 ═══════════════ NOTES 28 -- 2 of 30 -- 1 STATUTORY RULES 1997 S.R. No. 13/1997 Health Act 1958 Health (Medical Radiation Technologists) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 25 February 1997 Responsible Minister: ROB KNOWLES Minister for Health A WILTSHIRE Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to provide for— (a) the registration of radiographers and nuclear medicine technologists; and (b) the regulation of the conduct and practice of persons registered by the Medical Radiation Technologists Board of Victoria. 2. Authorising provisions These Regulations are made under sections 108AL, 390 and 391 of the Health Act 1958. -- 3 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 2 3. Commencement These Regulations come into operation on 1 March 1997. 4. Definitions In these Regulations— "Board" means the Medical Radiation Technologists Board of Victoria; "the Act" means the Health Act 1958. _______________ r. 3 -- 4 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 3 PART 2—THE BOARD 5. Functions The functions of the Board are— (a) to register persons to practise in radiography or nuclear medicine technology; (b) to regulate the practice and conduct of persons registered by the Board; (c) to advise the Minister about the practice of radiography and nuclear medicine technology. 6. Appointment of members The terms and conditions of appointment of the members of the Board are those set out in Schedule 1. 7. Appointment of chairman (1) The Minister must appoint a Chairman from among the members of the Board. (2) The appointment must be in writing and specify the period the Chairman is to hold office as Chairman. 8. Procedures Except as provided in Schedule 2, the Board may determine its own procedures. _______________ r. 5 -- 5 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 4 PART 3—REGISTRATION 9. Applications (1) A person may apply to the Board to be registered to practise in radiography or nuclear medicine technology as one or more of the following— (a) a medical imaging technologist; (b) a radiation therapy technologist; (c) a nuclear medicine technologist. (2) An application must be— (a) in the form of Schedule 3; and (b) accompanied by the fee specified in Schedule 4. (3) A person who has applied for registration must provide the Board with any additional information that the Board may reasonably require in relation to the application. 10. Qualifications for radiographer A person is qualified to be registered to practise in radiography if that person— (a) holds, or is entitled to receive, a qualification listed in Table A of Schedule 5; and (b) has obtained at least 12 months practical experience in radiography in the 4 years immediately before his or her application for registration. 11. Qualifications for nuclear medicine technologist A person is qualified to be registered to practise in nuclear medicine technology if that person— (a) holds, or is entitled to receive, a qualification listed in Table B of Schedule 5; and r. 9 -- 6 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 5 (b) has obtained at least 12 months practical experience in nuclear medicine technology in the 4 years immediately before his or her application for registration. 12. Registration (1) The Board may register a person to practise radiography as a medical imaging technologist or a radiation therapy technologist if— (a) the person is qualified to be registered to practise radiography; and (b) the person has applied for registration in accordance with these Regulations; and (c) there are no grounds under regulation 13 under which the Board may refuse registration. (2) The Board may register a person to practise as a nuclear medicine technologist if— (a) the person is qualified to be registered to practise nuclear medicine technology; and (b) the person has applied for registration in accordance with these Regulations; and (c) there are no grounds under regulation 13 under which the Board may refuse registration. 13. Grounds for refusal of registration The Board may refuse to grant registration to an applicant on any one or more of the following grounds— (a) that the character of the applicant is such that it would not be in the public interest to allow him or her to practise as a radiographer or as a nuclear medicine technologist; r. 12 -- 7 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 6 (b) that the applicant is unfit to practise as a radiographer or as a nuclear medicine technologist because he or she is an alcoholic or drug-dependent person; (c) that the applicant has been convicted of an indictable offence in Victoria or an equivalent offence in another jurisdiction which, if committed in Victoria, would be an indictable offence; (d) that the applicant has been found guilty of an offence where his or her ability to practise as a radiographer or as a nuclear medicine technologist is likely to be affected because of the finding of guilt or where it is not in the public interest to allow the applicant to practise because of the finding of guilt; (e) that the applicant has a physical or mental impairment which would significantly impair his or her ability to practise as a radiographer or as a nuclear medicine technologist; (f) that the applicant's competency in speaking or communicating in English is not sufficient for him or her to practise as a radiographer or as a nuclear medicine technologist; (g) that the applicant has previously held a right to practise as a radiographer or as a nuclear medicine technologist in another country, being the equivalent of registration as a radiographer or as a nuclear medicine technologist under these Regulations and that right has been cancelled or suspended and not restored because of conduct which, if committed within Victoria, would entitle the Board to suspend or cancel registration; (h) that the level or standard of practical experience obtained by the applicant is r. 13 -- 8 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 7 demonstrably lower than the level or standard of practical experience required to qualify that person for the issue of a Certificate of Accreditation by the Australian Institute of Radiography or the Accreditation Board of the Australian and New Zealand Society of Nuclear Medicine. 14. Provisional registration (1) If a person does not have the practical experience in radiography or nuclear medicine technology referred to in regulation 10(b) or 11(b), but is otherwise entitled to be registered under these Regulations, the Board may grant provisional registration to that person for the purpose of obtaining that experience. (2) A grant of provisional registration— (a) must not exceed 1 year; (b) is subject to such conditions, limitations or restrictions as the Board determines; (c) may be renewed once only for a further period not exceeding 1 year if, in the opinion of the Board, the renewal is necessary to enable the person to complete the practical experience required to qualify the person for registration under these Regulations. (3) If the Board is satisfied that a person to whom the Board has granted provisional registration has gained within the period of provisional registration the practical experience in radiography or nuclear medicine technology that would qualify the person r. 14 -- 9 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 8 for registration under these Regulations, the Board may register that person as a radiographer or nuclear medicine technologist. _______________ r. 14 -- 10 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 9 PART 4—RENEWAL OF REGISTRATION 15. Expiration of registration A registration expires on the anniversary of the date on which it was effected. 16. Applications for renewal (1) A person registered by the Board may apply to the Board before the registration expires for the renewal of his or her registration. (2) A person who fails to apply for renewal before his or her registration expires may lodge with the Board a late application for renewal. (3) A late application for renewal must be lodged with the Board not later than 3 months after the registration has expired. (4) An application for renewal or late renewal of registration must be— (a) in the form of Schedule 6; and (b) accompanied by the renewal fee specified in Schedule 4. (5) A person lodging a late application for renewal must also pay to the Board the late renewal fee specified in Schedule 4. (6) The registration of a person who fails to apply for renewal of his or her registration within 3 months after the expiration of the registration may be cancelled by the Board. (7) A person whose registration has expired is deemed to be registered for the period ending 3 months after the date his or her registration has expired. r. 15 -- 11 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 10 17. Renewal (1) The Board may renew the registration of a person who has applied for renewal under regulation 16. (2) The Board may refuse to renew the registration of a person whose qualification for registration has been cancelled or withdrawn by the body which conferred that qualification. _______________ r. 17 -- 12 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 11 PART 5—CERTIFICATES OF REGISTRATION 18. Certificates to be issued (1) The Board must issue a certificate of registration to a person who has been registered or whose registration has been renewed by the Board. (2) A certificate of registration must be in the form of Schedule 7. _______________ r. 18 -- 13 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 12 PART 6—THE REGISTER OF RADIOGRAPHERS AND NUCLEAR MEDICINE TECHNOLOGISTS 19. The register (1) The Board must keep a register of persons entitled to practise radiography or nuclear medicine technology. (2) The Board must record in the register— (a) the name, address and gender of each person registered by the Board and the date of initial registration; (b) whether that person is registered to practise as a medical imaging technologist, radiation therapy technologist or nuclear medicine technologist; (c) the qualifications of each registered person; (d) each renewal of registration and date of that renewal; (e) any conditions, limitations or restrictions to which the registration is subject. 20. Public access (1) Any person may inspect the register without charge at the office of the Board during its business hours. (2) A person may obtain a copy of, or an extract from, the register on payment of the fee specified in Schedule 4. _______________ r. 19 -- 14 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 13 PART 7—INQUIRIES 21. Matters for inquiry The Board may inquire into the conduct or capacity to practise of a person registered by the Board. 22. Notice to be given (1) Before holding an inquiry under this Part, the Board must give notice of the inquiry to the person who is the subject of the inquiry. (2) The notice must specify— (a) the reason for the inquiry; and (b) the time and place of the inquiry. 23. Entitlements A person to whom notice has been given under regulation 22 is entitled— (a) to make oral or written submissions to the inquiry; and (b) to be present at the inquiry; and (c) to be represented by another person. 24. Professional conduct (1) If, as a result of an inquiry under this Part, the Board finds that the person who is the subject of the inquiry— (a) has become unfit to practise or his or her ability to practise is seriously impaired; or (b) is careless or incompetent in his or her practice or his or her professional standards of practice are demonstrably lower than the r. 21 -- 15 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 14 standards which a competent radiographer or nuclear medicine technologist should follow; or (c) has failed to adequately carry out his or her professional responsibilities; or (d) has been convicted after registration of an indictable offence or an offence which if committed in Victoria would be an indictable offence; or (e) has been convicted after registration of an offence against Division 2AA of Part V of the Act; or (f) is guilty of unprofessional conduct or professional misconduct— the Board may— (g) impose conditions, limitations or restrictions on the registration of the person; or (h) suspend the person's registration for a period not exceeding 5 years; or (i) cancel the person's registration. (2) The Board must notify the person who has been the subject of an inquiry of its decision in writing as soon as possible after its decision has been made. 25. Suspension pending inquiry (1) The Board may, if it has decided to hold an inquiry into the conduct or capacity to practise of a person registered by the Board, suspend the registration of that person until the hearing into the matter is completed if the Board is of the opinion that it is necessary to do so because there is a serious risk that the health and safety of the public will be endangered. r. 25 -- 16 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 15 (2) The Board must— (a) immediately notify the person in writing of the suspension; and (b) proceed to a hearing as soon as possible after the suspension. 26. Operation of suspension or cancellation (1) A suspension or cancellation of registration by the Board under this Part takes effect on and from the date determined by the Board. (2) The Board may at any time— (a) on its own motion; or (b) at the request of the person whose registration has been suspended— revoke a suspension of registration. (3) A person is deemed not to be registered during any period of suspension. 27. Reasons to be given If, under regulation 24 or regulation 25, the Board imposes conditions, limitations or restrictions on the registration or suspends or cancels the registration of a person, the Board must, if so requested by that person, give him or her within a reasonable time after receiving the request a statement in writing of the reasons for its decision. _______________ r. 26 -- 17 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 16 PART 8—APPEALS 28. Grounds for appeal A person may appeal to the County Court within 2 months after the decision of the Board or such longer period as the Court allows against— (a) a failure or refusal of the Board to register that person; or (b) a failure or refusal of the Board to renew the registration of that person; or (c) the suspension by the Board of that person's registration; or (d) the cancellation by the Board of that person's registration. 29. Notice to board Within 28 days of lodging an appeal under regulation 28, or any other period that the Court may order, the appellant must serve notice in writing of the appeal together with the grounds of appeal on the Board. 30. Jurisdiction On the hearing of an appeal, the Court— (a) must entertain, inquire into and decide upon the appeal and for that purpose may do all such matters and things relating to the appeal and in the same manner and to the same extent as it is empowered to do in the exercise of the ordinary jurisdiction of the Court; and (b) may— (i) confirm the determination of the Board; or r. 28 -- 18 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 17 (ii) give the Board such directions as to the registration of the appellant or otherwise as the Court thinks fit. 31. Board to comply The Board must comply with any direction given by the Court under regulation 30. 32. Suspension or cancellation to continue despite appeal If a person has appealed to the Court against the suspension or cancellation of his or her registration, that suspension or cancellation continues to operate despite the appeal unless the Court otherwise orders. _______________ r. 31 -- 19 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 18 PART 9—OFFENCES 33. Titles protected (1) A person who is not registered by the Board must not use (either alone or in combination with any other word) the name or title of— (a) radiographer; or (b) nuclear medicine technologist; or (c) medical imaging technologist; or (d) radiation therapy technologist— or any other name, title or description implying that the person is registered by the Board or qualified to practise in radiography or nuclear medicine technology. Penalty: 20 penalty units (2) Despite sub-regulation (1), a person who holds an operator's licence issued under Part 3 of the 1 Health (Radiation Safety) Regulations 1994 in respect of that person's profession or occupation as an industrial radiographer may use the name or title of industrial radiographer. ————————— r. 33 -- 20 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 19 SCHEDULES SCHEDULE 1 Regulation 6 TERMS AND CONDITIONS OF APPOINTMENT OF MEMBERS OF THE BOARD 1. Term of appointment A member of the Board, except a member appointed to fill a casual vacancy, holds office for 3 years. 2. Casual vacancies A person appointed to fill a casual vacancy holds office for the remainder of the period for which his or her predecessor was appointed. 3. Transitional Despite paragraph 1, a member of the Board holding office immediately before the commencement of these Regulations continues in office until his or her current term of appointment expires. ————————— Sch. 1 -- 21 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 20 SCHEDULE 2 Regulation 8 PROCEDURES OF THE BOARD 1. Presiding member (1) The Chairman must preside at any meeting of the Board at which the Chairman is present. (2) If the Chairman is not present at a meeting of the Board, the members present must elect one of their number to preside at the meeting. 2. Quorum A majority of the membership of the Board constitutes a quorum at a meeting of the Board. 3. Voting (1) A question arising at a meeting of the Board must be determined by a majority of the members present and voting on that question. (2) In the event of an equality of votes, the person presiding has a casting vote. 4. Meetings The Board must meet at the times and places that the Board or the Chairman from time to time determines. 5. Personal interest A member of the Board who has a personal interest whether directly or indirectly in a matter before the Board— (a) must as soon as practicable after he or she becomes aware of the fact declare that interest to the Board; and (b) must not be present during any deliberations of the Board with respect to, nor vote in connexion with, that matter. ————————— Sch. 2 -- 22 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 21 SCHEDULE 3 Regulation 9 APPLICATION FOR REGISTRATION TO PRACTISE RADIOGRAPHY OR NUCLEAR MEDICINE TECHNOLOGY To: The Medical Radiation Technologists Board of Victoria I, Mr/Mrs/Ms (Given name) (Family name) of (insert residential address and employer's address) Date of Birth Gender Contact telephone number apply for registration in Victoria to practise radiography or nuclear medicine technology. I am applying for registration as a: Medical Imaging Technologist* Nuclear Medicine Technologist* Radiation Therapy Technologist* (*Please delete if inapplicable) QUALIFICATIONS I have the following qualifications: Please list and attach notated copies of any degrees, diplomas or other relevant certificates which you hold or are entitled to receive. EXPERIENCE: Please set out a brief summary of your range of practical experience within the last 5 years including hospital/practice/employer, address and employment dates (Note: additional information may be requested by the Board) Signed: Date: ————————— Sch. 3 -- 23 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 22 SCHEDULE 4 Regulations 9, 16, 20 FEES Fee for application for registration $50 Fee for annual renewal of registration $50 Late renewal fee $30 Copy of register $75 Extract from register $3 each page or part of a page ————————— Sch. 4 -- 24 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 23 SCHEDULE 5 Regulations 10 and 11 QUALIFICATIONS FOR REGISTRATION TABLE A RADIOGRAPHERS (a) A Degree in Radiography (Diagnostic or Therapeutic) awarded by an institution indicated by * or ** in Table C and at least 12 months continuous post graduate clinical experience involving all major applications of radiography undertaken under the direction and supervision of a registered radiographer; or (b) a Certificate of Competence or a diploma in Radiography (Diagnostic or Therapeutic) issued by the Conjoint Board of the Royal Australasian College of Radiologists and the Australian Institute of Radiography; or (c) an academic qualification in radiography (diagnostic or therapeutic) awarded by an institution other than an institution indicated by * or ** in Table C supported by a Statement of Accreditation issued by the Australian Institute of Radiography. TABLE B NUCLEAR MEDICINE TECHNOLOGISTS (a) A Degree in Nuclear Medicine Technology awarded by an institution indicated by *** in Table C and at least 12 months full time post graduate experience involving all major applications of nuclear medicine technology undertaken under the direction and supervision of a registered nuclear medicine technologist accredited by the Australian and New Zealand Society of Nuclear Medicine; or Sch. 5 -- 25 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 24 (b) a Diploma in Nuclear Medicine Technology awarded by an institution indicated by *** in Table C; or (c) a Certificate of Accreditation issued by the Accreditation Board of the Australian and New Zealand Society of Nuclear Medicine. TABLE C INSTITUTIONS N.S.W. (*)(**)(***)Cumberland College of Health Sciences, Sydney. (*)(***)University of Sydney—Cumberland College of Health Sciences Campus, Sydney. (*)(***)Newcastle College of Advanced Education, Newcastle. (*)(***)The Newcastle University of Technology, Newcastle. (*)Riverina Murray Institute of Higher Education, Wagga Wagga. (*)Charles Sturt University, Wagga Wagga. QUEENSLAND (*)(**)Queensland Institute of Technology, Brisbane. (*)Queensland University of Technology, Brisbane. VICTORIA (*)(**)(***)Royal Melbourne Institute of Technology, Melbourne. SOUTH AUSTRALIA (*)(***)South Australian Institute of Technology, Adelaide. (*)(**)(***)University of South Australia, Adelaide. (*)Sturt College, Adelaide. TASMANIA (*)Hobart Technical College. (*)University of Tasmania, Hobart Sch. 5 -- 26 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 25 WESTERN AUSTRALIA (*)(**)Western Australian Institute of Technology, Perth (*)(**)Curtin University, Perth. ————————— Sch. 5 -- 27 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 26 SCHEDULE 6 Regulation 16 APPLICATION FOR RENEWAL OF REGISTRATION THE MEDICAL RADIATION TECHNOLOGISTS BOARD OF VICTORIA To: The Medical Radiation Technologists Board of Victoria I [insert full name] of [insert address] apply for the renewal of my registration as a for a further period of 12 months ending I enclose the prescribed renewal fee [and the prescribed late renewal fee] Total amount payable: I am/am not currently employed in this field The following are my employment details which have changed during the last 12 months Signed Date ————————— Sch. 6 -- 28 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 27 SCHEDULE 7 Regulation 18 HEALTH ACT 1958 HEALTH (MEDICAL RADIATION TECHNOLOGISTS) REGULATIONS 1997 CERTIFICATE OF REGISTRATION TO PRACTISE RADIOGRAPHY OR NUCLEAR MEDICINE TECHNOLOGY The Medical Radiation Technologists Board of Victoria certifies that (name) is registered to practise as a medical imaging technologist/radiation therapy technologist/nuclear medicine technologist for the year ending Chairman: Registrar: Date: ═══════════════ Sch. 7 -- 29 of 30 -- S.R. No. 13/1997 Health (Medical Radiation Technologists) Regulations 1997 28 NOTES 1 S.R. No. 165/1994. Notes -- 30 of 30 --