HB 309

1
A bill to be entitled
2An act relating to radiological personnel; amending s.
3468.3003, F.S.; clarifying legislative policy;
4amending s. 468.301, F.S.; redefining the term
5"radiation" and defining the term "specialty
6technologist" as those terms relate to the
7certification of radiological personnel; amending s.
8468.302, F.S.; providing titles for persons who hold a
9certificate as a specialty technologist; authorizing a
10person holding a certificate as a specialty
11technologist to perform the specific duties allowed
12for a specialty technologist as defined by the
13Department of Health; requiring that the duties be
14consistent with the scope of practice of a national
15registry for the particular advanced, postprimary, or
16specialty area; amending s. 468.304, F.S.; providing
17criteria for certification as a specialty
18technologist; amending s. 468.306, F.S.; providing for
19an applicant for certification as a specialty
20technologist to be certified only by endorsement
21rather than by examination; amending s. 468.3065,
22F.S.; authorizing the department to issue a
23certificate by endorsement to practice as a specialty
24technologist to an applicant who meets certain
25criteria; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 468.3003, Florida Statutes, is amended
30to read:
31     468.3003  Declaration of policy.-It is declared to be the
32policy of the state that the health and safety of the people
33must be protected against the harmful effects of excessive and
34improper exposure to ionizing radiation. Such protection can in
35some major measure be accomplished by requiring adequate
36training and experience of persons who use radiation and
37radiation-emitting equipment in each particular case under the
38specific direction of licensed practitioners. It is the purpose
39of this part to establish standards of education, training, and
40experience and to require the examination and certification of
41users of radiation and radiation-emitting equipment.
42     Section 2.  Subsection (14) of section 468.301, Florida
43Statutes, is amended, and subsection (18) is added to that
44section, to read:
45     468.301  Definitions.-As used in this part, the term:
46     (14)  "Radiation" means X rays and gamma rays, alpha and
47beta particles, high-speed electrons, neutrons, and other
48nuclear particles. The department may by rule add other types of
49radiation to this definition in order to accommodate changes in
50imaging or therapy technology or procedures.
51     (18)  "Specialty technologist" means a person, other than a
52licensed practitioner, who is qualified by education and
53certification, as set forth in s. 468.304, to use radiation on
54humans under the specific direction and general supervision of a
55licensed practitioner.
56     Section 3.  Paragraph (h) is added to subsection (2) and
57paragraph (i) is added to subsection (3) of section 468.302,
58Florida Statutes, to read:
59     468.302  Use of radiation; identification of certified
60persons; limitations; exceptions.-
61     (2)
62     (h)  A person holding a certificate as a specialty
63technologist may use the title "Certified Radiologic
64Technologist-X" or the letters "CRT-X" where "X" represents a
65single- or multiple-letter designation signifying the advanced,
66postprimary, or specialty area of radiologic technology, such as
67"CT" for computed tomography or "PET" for positron emission
68tomography, in which the person is certified by a national
69registry that is recognized by the department. The department
70shall approve these letter designations by rule for each area,
71consistent with the designation used by the national registry.
72
73No other person is entitled to so use a title or letters
74contained in this subsection or to hold himself or herself out
75in any way, whether orally or in writing, expressly or by
76implication, as being so certified.
77     (3)
78     (i)  A person holding a certificate as a specialty
79technologist may perform the specific duties allowed for a
80specialty technologist as defined by department by rule. These
81duties must be consistent with the scope of practice of the
82national registry for that particular advanced, postprimary, or
83specialty area.
84     Section 4.  Subsection (3) of section 468.304, Florida
85Statutes, is amended to read:
86     468.304  Certification.-The department shall certify any
87applicant who meets the following criteria:
88     (3)  Submits satisfactory evidence, verified by oath or
89affirmation, that she or he:
90     (a)  Is at least 18 years of age at the time of
91application;
92     (b)  Is a high school, vocational school, technical school,
93or college graduate or has successfully completed the
94requirements for a graduate equivalency diploma (GED) or its
95equivalent;
96     (c)  Is of good moral character;
97     (d)  Has passed an examination as specified in s. 468.306
98or meets the requirements specified in s. 468.3065; and
99     (e)1.  Has successfully completed an educational program,
100which program may be established in a hospital licensed pursuant
101to chapter 395 or in an accredited postsecondary academic
102institution which is subject to approval by the department as
103maintaining a satisfactory standard; or
104     2.a.  With respect to an applicant for a basic X-ray
105machine operator's certificate, has completed a course of study
106approved by the department with appropriate study material
107provided the applicant by the department;
108     b.  With respect to an applicant for a basic X-ray machine
109operator-podiatric medicine certificate, has completed a course
110of study approved by the department, provided that such course
111of study shall be limited to that information necessary to
112perform radiographic procedures within the scope of practice of
113a podiatric physician licensed pursuant to chapter 461;
114     c.  With respect only to an applicant for a general
115radiographer's certificate who is a basic X-ray machine operator
116certificateholder, has completed an educational program or a 2-
117year training program that takes into account the types of
118procedures and level of supervision usually and customarily
119practiced in a hospital, which educational or training program
120complies with the rules of the department;
121     d.  With respect only to an applicant for a nuclear
122medicine technologist's certificate who is a general
123radiographer certificateholder, has completed an educational
124program or a 2-year training program that takes into account the
125types of procedures and level of supervision usually and
126customarily practiced in a hospital, which educational or
127training program complies with the rules of the department; or
128     e.  With respect to an applicant for a radiologist
129assistant's certificate who demonstrates to the department that
130he or she holds a current certificate or registration as a
131radiologist assistant granted by the American Registry of
132Radiologic Technologists; or.
133     f.  With respect to an applicant for a specialty
134technologist's certificate, demonstrates to the department that
135he or she is currently certified or registered by a national
136registry that is recognized by the department in an advanced,
137postprimary, or specialty area of radiologic technology, such as
138computed tomography or positron emission tomography.
139
140The department may not certify any applicant who has committed
141an offense that would constitute a violation of any of the
142provisions of s. 468.3101 or applicable the rules adopted
143thereunder if the applicant had been certified by the department
144at the time of the offense. An No application for a limited
145computed tomography certificate may not shall be accepted. A
146person All persons holding a valid computed tomography
147certificate certificates as of October 1, 1984, is are subject
148to the provisions of s. 468.309.
149     Section 5.  Section 468.306, Florida Statutes, is amended
150to read:
151     468.306  Examinations.-An applicant All applicants for
152certification as a radiologic technologist, basic X-ray machine
153operator, or basic X-ray machine operator-podiatric medicine,
154except an applicant those certified pursuant to s. 468.3065,
155shall be required to pass an examination. An applicant for
156certification as a specialty technologist shall be certified
157only in accordance with s. 468.3065. An application for
158certification as a specialty technologist by examination may not
159be accepted. In lieu of an examination for a radiologist
160assistant certificate, the department shall accept a
161demonstration by the applicant for such a certificate that he or
162she holds a current certificate or registration as a radiologist
163assistant granted by the American Registry of Radiologic
164Technologists. The department may develop or use examinations
165for each type of certificate. The department may require an
166applicant who does not pass an examination after five attempts
167to complete additional remedial education, as specified by rule
168of the department, before admitting the applicant to subsequent
169examinations.
170     (1)  The department may contract with organizations that
171develop such test examinations. Examinations may be administered
172by the department or the contracting organization.
173     (2)  Examinations shall be given for each type of
174certificate at least twice a year at such times and places as
175the department may determine to be advantageous for applicants.
176     (3)  All examinations shall be written and include
177positioning, technique, and radiation protection. The department
178shall either pass or fail each applicant on the basis of his or
179her final grade. The examination for a basic X-ray machine
180operator must shall include basic positioning and basic
181techniques directly related to the skills necessary to safely
182operate radiographic equipment.
183     (4)  A nonrefundable fee not to exceed $75 plus the actual
184per-applicant cost for purchasing the examination from a
185national organization shall be charged for any subsequent
186examination.
187     Section 6.  Subsection (3) is added to section 468.3065,
188Florida Statutes, to read:
189     468.3065  Certification by endorsement.-
190     (3)  The department may issue a certificate by endorsement
191to practice as a specialty technologist to an applicant who,
192upon applying to the department and remitting a nonrefundable
193fee not to exceed $100, demonstrates to the department that he
194or she holds a current certificate, license, or registration
195from a national registry that is recognized by the department to
196practice in an advanced, postprimary, or specialty area of
197radiologic technology, such as computed tomography or positron
198emission tomography, if the requirements for such certificate,
199license, or registration are deemed by the department to be
200substantially equivalent to those established under this part
201and rules adopted under this part.
202     Section 7.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.