(a)  The board may recommend refusal, suspension, or revocation of any license, in accordance with the provisions of chapter 35 of Title 42, for any of the following causes:

(1)  Having a certificate, license, or registration to practice radiologic technology revoked, suspended, or otherwise acted against, including being denied certification by a national organization, by a specialty board recognized by the director, or by a certification authority of another state, territory, or country;

(2)  Fraud in the procurement of any license under this chapter, including, but not limited to, impersonating or acting as proxy for an applicant in an examination for licensure in the field of radiologic technology;

(3)  Being convicted or found guilty, regardless of adjudication, in any jurisdiction of a crime that directly relates to the practice of radiologic technology or to the ability to practice radiologic technology. Pleading nolo contendere shall be considered a conviction for the purpose of this provision;

(4)  Incompetence or engaging in negligent or unprofessional conduct, which includes, but is not limited to, any departure from, or the failure to conform to, the standards of practice of radiologic technology as established by the director, in which case actual injury need not be established;

(5)  Being unable to practice radiologic technology with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or other materials or as a result of any mental or physical condition. A licensee affected under this paragraph shall, at reasonable intervals, be afforded an opportunity to demonstrate that he or she can resume the competent practice of radiologic technology with reasonable skill and safety;

(6)  Making or filing a false report or record that the licensee knows to be false; intentionally or negligently failing to file a report or record required by state or federal law; or willfully impeding or obstructing such filing or inducing another to so. Such reports or records include only those reports or records that are signed in the capacity of the licensee;

(7)  Violating, or aiding or abetting any person to violate, any provision of this chapter, any rule or regulation promulgated pursuant to this chapter, or any lawful order of the director previously entered in a disciplinary proceeding or failing to comply with a lawfully issued subpoena of the director.

Terms Used In Rhode Island General Laws 5-68.1-11

  • Board: means the board of radiologic technology. See Rhode Island General Laws 5-68.1-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Director: means the director of the Rhode Island department of health. See Rhode Island General Laws 5-68.1-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • License: means a license issued by the director to practice radiologic technology. See Rhode Island General Laws 5-68.1-2
  • National organization: means a professional association or registry, approved by the director, that examines, registers, certifies, or approves individuals and education programs relating to operators of sources of radiation. See Rhode Island General Laws 5-68.1-2
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state or any other state, or political subdivision of any agency thereof and any legal successor, representative, agent, or agency of the foregoing. See Rhode Island General Laws 5-68.1-2
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Subpoena: A command to a witness to appear and give testimony.

(b)  Five (5) years from the date of revocation of a license under this chapter, application may be made for reinstatement, restoration, or modification of probation. The board has the discretion to accept or reject any application for the reinstatement.

History of Section.
P.L. 2010, ch. 137, § 2; P.L. 2010, ch. 139, § 2.