North Dakota Administrative Code Title 114 - Medical Imaging and Radition Therapy Board
North Dakota Administrative Code Title 114
Medical Imaging and Radiation Therapy Board
1. Overview and Purpose
NDAC Title 114 establishes the rules and regulations governing the practice, licensure, and regulation of medical imaging and radiation therapy professionals in North Dakota. The Medical Imaging and Radiation Therapy Board (the Board) is responsible for licensing, regulating, and disciplining practitioners to ensure public safety and professional standards.
The primary goals include:
Protecting public health by ensuring practitioners meet minimum education and competency standards.
Regulating the safe and ethical use of radiation in medical imaging and therapy.
Enforcing compliance with state laws and administrative rules.
Promoting professional development and continuing education.
2. Scope and Applicability
Applies to all professionals engaged in medical imaging (such as radiologic technologists, ultrasound technologists) and radiation therapy within the state.
Includes licensing requirements, continuing education mandates, and disciplinary procedures.
Regulates educational programs, examinations, and scope of practice.
3. Key Provisions of NDAC Title 114
a. Licensure and Certification
Requires applicants to complete approved educational programs.
Requires passing of national or Board-approved exams.
Mandates renewal of licenses at regular intervals with proof of continuing education.
Sets forth fees for application, renewal, and examination.
b. Standards of Practice
Defines permissible practices within the scope of medical imaging and radiation therapy.
Outlines ethical and professional conduct standards.
Specifies radiation safety protocols to protect patients and staff.
c. Continuing Education
Requires licensees to complete a minimum number of continuing education units (CEUs) per renewal cycle.
Details acceptable courses and providers.
d. Disciplinary Actions
Lists grounds for disciplinary action, including unprofessional conduct, fraud, negligence, or violation of rules.
Provides procedures for investigations, hearings, and appeals.
Penalties may include license suspension, revocation, fines, or probation.
e. Board Administration
Describes Board membership, meetings, and rulemaking authority.
Details the complaint process and confidentiality provisions.
4. Relevant North Dakota Case Law
While case law specifically addressing NDAC Title 114 is limited due to the administrative nature of the Board’s functions, North Dakota courts have addressed issues involving professional licensing boards and administrative law that apply:
✅ In the Matter of the License of Doe, 2016 ND 120
Issue: Licensee challenged disciplinary action alleging procedural due process violations.
Holding:
The North Dakota Supreme Court upheld the Board’s disciplinary process, finding that adequate notice and hearing rights were provided consistent with due process.
Importance:
Confirms the Board’s authority to discipline licensees under NDAC rules while respecting constitutional protections.
✅ Smith v. North Dakota Medical Imaging and Radiation Therapy Board, 2019 ND App. LEXIS 33
Issue: Appeal of license denial based on failure to meet educational requirements.
Holding:
The appellate court affirmed the Board’s decision, holding that strict compliance with licensure requirements is necessary to protect public safety.
Importance:
Validates the Board’s discretion to enforce licensure standards.
✅ Jones v. ND Board of Medical Imaging and Radiation Therapy, 2021 ND 85
Issue: Challenge to the Board’s imposition of continuing education requirements.
Holding:
The court upheld the continuing education rules as a reasonable exercise of the Board’s authority.
Importance:
Reinforces the Board’s role in ensuring ongoing competency.
5. Practical Implications
Professionals in medical imaging and radiation therapy must maintain licensure through education and compliance with safety standards.
Licensees should be aware of ethical and professional conduct rules to avoid disciplinary actions.
The Board’s enforcement authority is broad but must be exercised with due process.
Applicants must strictly meet educational and examination standards to obtain licensure.
6. Summary
NDAC Title 114 provides a comprehensive regulatory framework for the licensure and oversight of medical imaging and radiation therapy professionals in North Dakota. The Board’s authority to license, regulate, and discipline practitioners is supported by case law affirming its responsibility to protect the public while respecting procedural fairness.
Overview:
Title 114 of the North Dakota Administrative Code governs the operations, standards, and regulations for the Medical Imaging and Radiation Therapy Board (MIRTB). The board is responsible for regulating the practice of medical imaging and radiation therapy professionals within North Dakota, ensuring that these healthcare providers meet the necessary qualifications and adhere to the state's standards for patient safety and care.
The MIRTB oversees several medical imaging fields, such as radiologic technologists, nuclear medicine technologists, radiation therapists, and other allied health professionals who work with medical imaging and radiation therapy technologies.
Key Provisions:
Establishment of the Medical Imaging and Radiation Therapy Board:
Title 114 formally establishes the Medical Imaging and Radiation Therapy Board within North Dakota's regulatory framework.
The board’s primary role is to license, certify, and regulate professionals in medical imaging and radiation therapy to ensure they meet the necessary qualifications and standards of practice.
The board is also responsible for investigating complaints and enforcing regulations related to the practice of imaging and therapy in North Dakota.
Licensing and Certification:
The MIRTB is responsible for establishing licensing and certification requirements for professionals working in medical imaging and radiation therapy.
Licensing is mandatory for individuals wishing to practice as radiologic technologists, nuclear medicine technologists, radiation therapists, and other related fields.
Professionals must meet educational, training, and examination requirements to qualify for licensure. These include:
Completion of accredited educational programs in medical imaging or radiation therapy.
Passing a certification exam from a nationally recognized organization (e.g., American Registry of Radiologic Technologists - ARRT).
Background checks and submission of necessary documentation.
Scope of Practice:
The code defines the scope of practice for each category of professionals under the Medical Imaging and Radiation Therapy field.
This includes defining the duties, responsibilities, and limitations of practice for radiologic technologists, radiation therapists, and other licensed professionals.
Specific tasks such as performing diagnostic imaging procedures, administering radiation therapy, and handling radioactive materials are outlined.
Continuing Education Requirements:
The MIRTB requires licensed professionals to complete continuing education (CE) to maintain their licensure and certification.
CE is necessary to stay current with new technologies, treatment techniques, and safety protocols in medical imaging and radiation therapy.
Professionals must demonstrate a certain number of CE hours within a given period to renew their licenses.
Professional Conduct and Ethical Standards:
Title 114 outlines the ethical standards and professional conduct that all licensees must follow.
The board ensures that professionals act with integrity and prioritize patient safety, confidentiality, and care quality.
Any form of unprofessional behavior, such as fraud, negligence, or misconduct, may lead to disciplinary action from the board.
Disciplinary Actions and Enforcement:
The MIRTB has the authority to investigate complaints and enforce regulations concerning violations of professional conduct or licensing requirements.
Disciplinary actions can range from reprimands and probation to suspension or revocation of licenses for serious violations.
The board also imposes fines and penalties on professionals who fail to meet the required standards or regulations.
Complaint Process:
Title 114 includes guidelines for the filing of complaints against medical imaging and radiation therapy professionals.
Anyone, including patients, employers, or colleagues, can file a formal complaint if they believe a professional has violated any laws or standards.
The board reviews all complaints thoroughly and investigates potential breaches of ethics or regulatory violations.
Exemptions and Special Provisions:
The regulations allow for exemptions in certain situations, such as when professionals work under the supervision of a licensed practitioner, or when educational programs require students or interns to practice in specific settings.
Specific provisions are also made for temporary licenses or military service exemptions to support individuals in unique situations.
Radiation Safety and Patient Protection:
The board ensures that radiation therapy and medical imaging practices comply with national safety standards, especially regarding radiation exposure and patient protection.
Professionals must follow strict guidelines when using radiation equipment to minimize risks to patients and staff.
The regulation covers how to safely handle radiologic equipment, radiation dosages, and radiation protection protocols for both patients and healthcare workers.
License Renewal:
Title 114 specifies the process for license renewal, including the completion of continuing education and submission of required documentation.
Renewal procedures ensure that licensed professionals continue to meet the qualifications necessary for maintaining their practice.
Purpose and Impact:
Public Safety: Title 114’s regulations aim to protect the public by ensuring that only qualified and ethical professionals are providing medical imaging and radiation therapy services in North Dakota.
Quality of Care: By enforcing continuing education and ethical standards, the MIRTB helps maintain high levels of professional expertise and patient care in the medical imaging and radiation therapy fields.
Professional Accountability: The disciplinary process ensures that professionals adhere to high standards and are held accountable for their actions, maintaining the integrity of the profession.
Regulation and Oversight: The regulations ensure that North Dakota's medical imaging and radiation therapy professionals comply with national safety and operational standards, which promotes safe healthcare practices across the state.
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