A. It is unlawful, unless licensed by the department as a medical imaging professional or radiation therapist, for any person to:

(1) use ionizing or non-ionizing radiation on humans;

(2) use any title, abbreviation, letters, figures, signs or other devices to indicate that the person is a licensed medical imaging professional or radiation therapist; or

(3) engage in any of the medical imaging modalities as defined by the Medical Imaging and Radiation Therapy Health and Safety Act.

B. Notwithstanding any other provision of the Medical Imaging and Radiation Therapy Health and Safety Act, the requirement of a medical imaging license shall not apply to:

(1) a licensed practitioner;

(2) a health care practitioner licensed or certified by an independent board operating pursuant to Chapter 61 NMSA 1978 or a state regulatory body; provided that any medical imaging certification and examination program for health care practitioners established by an independent board or state regulatory body shall be submitted to the advisory council and approved by the board; or

(3) a registered nurse or certified nurse-midwife performing ultrasound procedures; provided that the registered nurse or certified nurse-midwife has documented demonstration of competency within the registered nurse's scope of practice in compliance with board of nursing rules or certified nurse-midwife's scope of practice in compliance with department of health rules. A registered nurse or a certified nurse-midwife may perform ultrasound procedures limited to a focused imaging target. A registered nurse or certified nurse-midwife shall not perform diagnostic ultrasound.

C. The requirement of a medical imaging license shall also not apply to a student who is enrolled in and attending a required individual education program of a school or college of medicine, osteopathy, chiropractic, podiatry, dentistry or dental hygiene to apply radiation to humans under the supervision of a licensed practitioner or under the direct supervision of a licensed medical imaging professional or radiation therapist.

D. Notwithstanding any other provision of the Medical Imaging and Radiation Therapy Health and Safety Act, the requirement of a license shall not apply to a student completing clinical requirements of an approved education program working under the supervision of a licensed practitioner or under the direct supervision of a medical imaging professional or radiation therapist licensed in the practice for which the student is seeking licensure.

E. The department shall adopt rules and regulations for the education and licensure of advanced medical imaging professionals.

F. The department may require students in medical imaging and radiation therapy educational programs to register with the department while enrolled in an approved education program.

G. A registered nurse or a certified nurse-midwife shall not perform ionizing procedures, including radiography, radiation therapy, nuclear medicine or a non-ionizing magnetic resonance procedure, unless licensed by the department as a medical imaging professional. Nothing in the Medical Imaging and Radiation Therapy Health and Safety Act shall affect the authority of a health care professional licensed pursuant to Chapter 24 or Chapter 61 NMSA 1978 to order or use images resulting from ionizing or non-ionizing procedures in accordance with the licensed health care professional's scope of practice.

History: Laws 1983, ch. 317, § 7; 1991, ch. 14, § 2; 1993, ch. 140, § 3; 2009, ch. 106, § 7; 2013, ch. 116, § 2.

Cross references. — For the Parental Responsibility Act, see 40-5A-1 NMSA 1978 et seq.

The 2013 amendment, effective June 14, 2013, provided limited authorization for registered or certified health care practitioners, registered nurses and certified nurse-midwives to perform certain ultrasound procedures; in Paragraph (1) of Subsection B, after "practitioner" deleted language which exempted licensed or certified auxiliary or health practitioners; added Paragraphs (2) and (3) of Subsection B; and added Subsection G.

The 2009 amendment, effective June 19, 2009, in Subsection A, changed "certified by the department as a radiologic technologist" to "licensed by the department as a medical imaging professional or radiation therapist"; in Paragraph (1) of Subsection A, after "ionizing", added "or non-ionizing"; in Paragraph (2) of Subsection A, changed "certified radiologic technologist" to "licensed medical imaging professional or radiation therapist"; in former Subsection B, deleted language which provided for the use of the title "radiologic technologist" of "L.R.T."; in Subsection B, at the beginning of the sentence, added the phrase beginning with "Notwithstanding" through the comma; after "requirement of a" in two places, changed "certificate" to "medical imaging license"; after "auxiliaries" added "or health practitioners"; after "hygiene", deleted "or radiologic technology"; after "direct supervision of a", deleted "certified radiologic technologist" and added "licensed medical imaging professional or radiation therapist"; and added Subsections C, D and E.

The 1993 amendment, effective June 18, 1993, substituted "department" for "division" in the introductory language.

The 1991 amendment, effective June 14, 1991, in the final paragraph, deleted "or a student enrolled in and attending a school or college of medicine, osteopathy, chiropractic, podiatry, dentistry, dental hygiene or radiologic technology who applies radiation to humans while under the supervision of a licensed practitioner or the direct supervision of a certified radiologic technologist" and added the second sentence.