Official Summary Text
HB2049 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
H.B. 2049
radiation therapy;
rural counties
Purpose
An emergency measure that requires the Department of Health Services
(DHS) to allow the use of a particle accelerator to treat human diseases under
general supervision in counties with a population of fewer than 400,000 persons
or at critical access hospitals, if specified conditions are met.
Background
DHS is the regulatory agency that oversees the use, storage and disposal
of radioactive materials and radiation producing machines to ensure public
safety. DHS is responsible for issuing licenses, inspections and safety
standards for x-ray, industrial, medical and non-ionizing radiation sources.
A
radiation therapy technologist
is a person who uses radiation on
humans for therapeutic purposes. DHS is responsible for issuing certificates
and enforcing standards of practice for radiation therapy technologists in
accordance with the American Society of Radiologic Technologists (ASRT)
Practice Standards. The practice of radiation therapy is performed by health
care professionals responsible for the administration of high doses of ionizing
radiation for the purpose of treating diseases, primarily cancer. A radiation
therapist acquires and analyzes data in preparation for patient treatment, uses
various imaging technologies to localize the treatment area, participates in
treatment planning and performs radiation therapy procedures as prescribed and
supervised by a radiation oncologist (
A.R.S.
� 32-2801
;
A.A.C.
R9-16-608
and
ASRT
).
A
particle accelerator
is a machine that accelerates elementary
particles, such as electrons or protons, to very high energies. In medical
applications, particle accelerators are used to produce radioisotopes for
medical diagnosis and therapy, and as sources of beams of charged particles to
destroy cancerous tissue (
U.S.
Department of Energy
).
There is no anticipated fiscal impact
to the state General Fund associated with this legislation.
Provisions
1.
Requires
DHS to allow the use of a particle accelerator to treat human diseases under
general supervision in counties with a population of fewer than 400,000 persons
and at critical access hospitals if specified conditions are met.
2.
Requires, as a condition of particle accelerator use, the registrant or
an authorized user to:
a)
establish
a written protocol for radiation procedures performed under general
supervision, including follow-up instructions for the patient;
b)
review
and, as necessary, revise the written protocol at least annually; and
c)
document the review with a dated signature.
3.
Requires,
as a condition of particle accelerator use, the registrant to ensure that:
a)
any procedure performed with the device is not a special procedure; and
b)
a radiation therapy technologist follows the applicable written protocol
when delivering radiation to a patient.
4.
Requires
the registrant to ensure that, at least every six months, an authorized user:
a)
observes each radiation therapy technologist performing procedures to
ensure adherence to applicable written protocols; and
b)
documents the observation and assessment of the technologist.
5.
Requires
the registrant to ensure that an authorized user is on-site and available for
consultation about patient care at least once every five working days, as
documented by the registrant.
6.
Requires
a registrant that uses general supervision for particle accelerator treatment
to develop, maintain and implement procedures to monitor both:
a)
the performance of each procedure by a radiation therapy technologist
under general supervision; and
b)
the quality of patient care.
7.
Defines
terms.
8.
Becomes effective on signature of the Governor, if the emergency clause
is enacted.
House Action
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Prepared by Senate Research
March 2, 2026
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Current Bill Text
Read the full stored bill text
HB2049 - 572R - H Ver
House Engrossed
radiation therapy;
rural counties
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2049
AN
ACT
Amending title 30, chapter 4, article 3, Arizona
Revised Statutes, by adding section 30-682; relating to ionizing radiation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 30, chapter 4, article 3,
Arizona Revised Statutes, is amended by adding section 30-682, to read:
START_STATUTE
30-682.
Rural counties; critical access hospitals; use of particle
accelerator for the treatment of human disease; general supervision;
definitions
A. In a county with a population of
less than four hundred thousand persons or for a registrant that meets the
requirements for designation as a critical access hospital as prescribed in 42
Code of Federal Regulations part 485, subpart F, the department shall allow the
use of a particle accelerator to treat human diseases under general supervision
if the registrant ensures all of the following:
1. The registrant or an authorized
user:
(
a
) Has
established a written protocol for the application of radiation to a patient
for each procedure that may be conducted by a radiation therapy technologist
under the general supervision of an authorized user, including follow-up
instructions for the patient.
(
b
) Reviews
and, as necessary, revises the written protocol at least annually.
(
c
) Documents
the review required by subdivision (
b
) of this paragraph
with a signature and date of signature.
2. Any procedure conducted pursuant
to this subsection is not a special procedure.
3. A radiation therapy technologist
follows the applicable written protocol when delivering radiation to a patient.
4. At least every six months an
authorized user:
(
a
) Observes
each radiation therapy technologist while the radiation therapy technologist is
performing a procedure to ensure the radiation therapy technologist's adherence
to the applicable written protocol.
(
b
) Documents
the authorized user's observation and assessment of the radiation therapy
technologist.
5. An authorized user is on-site and
available for consultation about patient care at least once every five working
days, as verified in documentation maintained by the registrant.
6. The health and safety of a patient
are maintained.
B. A registrant that uses general
supervision to comply with the requirements of this section shall develop,
maintain and implement policies and procedures to monitor both:
1. The performance of each procedure
by a radiation therapy technologist under general supervision.
2. The quality of patient care.
C. For the purposes of this section:
1. "Authorized user" means
an authorized user as defined in rule by the department.
2. "General supervision"
means that a radiation therapy technologist is furnished with a written
protocol for performing procedures under an authorized user's overall direction
and control and that the authorized user is responsible for ensuring that the
protocol for the procedure is followed but is not required to be present in the
health care institution during the performance of the procedure.
3. "Radiation therapy
technologist" has the same meaning prescribed in section 32-2801.
4. "Registrant" means a
registrant as defined in rule by the department.
5. "Special procedure"
means a type of therapy through which radiation is delivered to a patient
through five or fewer fractions or with a dose per fraction greater than six
Gy.
END_STATUTE
Sec. 2.
Emergency
This act is an emergency measure that
is necessary to preserve the public peace, health or safety and is operative
immediately as provided by law.