Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 376
Barcode 219596
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/12/2012 .
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The Committee on Health Regulation (Garcia) recommended the
following:
1 Senate Substitute for Amendment (936488) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (18) is added to section 468.301,
7 Florida Statutes, to read:
8 468.301 Definitions.—As used in this part, the term:
9 (18) “Specialty technologist” means a person, other than a
10 licensed practitioner, who is qualified by education and
11 certification, as set forth in s. 468.304, to use radiation on
12 human beings under the specific direction and general
13 supervision of a licensed practitioner.
14 Section 2. Paragraph (h) is added to subsection (2) and
15 paragraph (i) is added to subsection (3) of section 468.302,
16 Florida Statutes, to read:
17 468.302 Use of radiation; identification of certified
18 persons; limitations; exceptions.—
19 (2)
20 (h) A person holding a certificate as a specialty
21 technologist may use the title “Certified Radiologic
22 Technologist-X” or the letters “CRT-X” after his or her name,
23 where “X” represents a single- or multiple-letter designation
24 signifying the advanced, postprimary, or specialty area of
25 radiologic technology, such as “CT” for computed tomography or
26 “PET” for positron emission tomography, in which the person is
27 certified by a national organization that is recognized by the
28 department. The department shall approve these letter
29 designations by rule for each area, consistent with the
30 designation used by the national organization.
31
32 No other person is entitled to so use a title or letters
33 contained in this subsection or to hold himself or herself out
34 in any way, whether orally or in writing, expressly or by
35 implication, as being so certified.
36 (3)
37 (i) A person holding a certificate as a specialty
38 technologist may perform the specific duties allowed for a
39 specialty technologist as defined by rule of the department.
40 These duties must fall within the scope of practice for the
41 specialty as set by the national organization for that
42 particular advanced, postprimary, or specialty area.
43 Section 3. Section 468.303, Florida Statutes, is amended to
44 read:
45 468.303 Rules.—
46 (1) The department may is authorized to make such rules,
47 not inconsistent with law, as may be necessary to carry out the
48 provisions of this part. The department may is authorized to
49 establish by rule fees to be paid for application, examination,
50 reexamination, certification, and renewal, and for recordmaking
51 and recordkeeping, provided that no fee shall exceed the amounts
52 provided in this part. Fees shall be based on department
53 estimates of the revenue required to implement the provisions of
54 this part. The department may, based upon estimates of revenue
55 required to implement this part, establish separate fee
56 schedules for application, examination, reexamination,
57 certification, and renewal for the different categories of
58 certification.
59 (2) The department may adopt rules for recognizing national
60 organizations that certify, license, or register specialty
61 technologists under educational and examination requirements
62 that demonstrate technical and safety competencies for the scope
63 of practice for that specialty.
64 Section 4. Section 468.304, Florida Statutes, is amended to
65 read:
66 468.304 Certification.—The department shall certify any
67 applicant who meets the following criteria:
68 (1) Pays to the department a nonrefundable fee that may not
69 exceed $100, plus the actual per-applicant cost to the
70 department for purchasing the examination from a national
71 organization.
72 (2) Submits a completed application on a form specified by
73 the department. An incomplete application expires 6 months after
74 initial filing. The application must include the social security
75 number of the applicant. Each applicant shall notify the
76 department in writing of his or her current mailing address.
77 Notwithstanding any other law, service by regular mail to an
78 applicant’s last reported mailing address constitutes adequate
79 and sufficient notice of any official departmental communication
80 to the applicant.
81 (3) Submits satisfactory evidence, verified by oath or
82 affirmation, that she or he:
83 (a) Is at least 18 years of age at the time of application;
84 (b) Is a high school, vocational school, technical school,
85 or college graduate or has successfully completed the
86 requirements for a graduate equivalency diploma (GED) or its
87 equivalent;
88 (c) Is of good moral character;
89 (d) Has passed an examination as specified in s. 468.306 or
90 meets the requirements specified in s. 468.3065; and
91 (e)1. Has successfully completed an educational program,
92 which program may be established in a hospital licensed pursuant
93 to chapter 395 or in an accredited postsecondary academic
94 institution which is subject to approval by the department as
95 maintaining a satisfactory standard; or
96 2.a. With respect to an applicant for a basic X-ray machine
97 operator’s certificate, has completed a course of study approved
98 by the department with appropriate study material provided the
99 applicant by the department;
100 b. With respect to an applicant for a basic X-ray machine
101 operator-podiatric medicine certificate, has completed a course
102 of study approved by the department, if provided that such
103 course of study is shall be limited to the that information
104 necessary to perform radiographic procedures within the scope of
105 practice of a podiatric physician licensed pursuant to chapter
106 461;
107 c. With respect only to an applicant for a general
108 radiographer’s certificate who is a basic X-ray machine operator
109 certificateholder, has completed an educational program or a 2
110 year training program that takes into account the types of
111 procedures and level of supervision usually and customarily
112 practiced in a hospital, which educational or training program
113 complies with the rules of the department;
114 d. With respect only to an applicant for a nuclear medicine
115 technologist’s certificate who is a general radiographer
116 certificateholder, has completed an educational program or a 2
117 year training program that takes into account the types of
118 procedures and level of supervision usually and customarily
119 practiced in a hospital, which educational or training program
120 complies with the rules of the department; or
121 e. With respect to an applicant for a radiologist
122 assistant’s certificate, who demonstrates to the department that
123 he or she holds a current certificate or registration as a
124 radiologist assistant granted by the American Registry of
125 Radiologic Technologists; or.
126 f. With respect to an applicant for a specialty
127 technologist’s certificate, demonstrates to the department that
128 he or she is currently certified by or registered with a
129 national organization that is recognized by the department in an
130 advanced, postprimary, or specialty area of radiologic
131 technology, such as computed tomography or positron emission
132 tomography.
133 (4) Submits complete documentation of any criminal offense
134 in any jurisdiction of which the applicant has been found
135 guilty, regardless of whether adjudication of guilt was
136 withheld, or to which the applicant has pled guilty or nolo
137 contendere.
138 (5) Submits complete documentation of any final
139 disciplinary action taken against the applicant by a licensing
140 or regulatory body in any jurisdiction, by a national
141 organization, or by a specialty board that is recognized by the
142 department. Disciplinary action includes revocation, suspension,
143 probation, reprimand, or being otherwise acted against,
144 including being denied certification or resigning from or
145 nonrenewal of membership taken in lieu of or in settlement of a
146 pending disciplinary case.
147
148 The department may not certify any applicant who has committed
149 an offense that would constitute a violation of any of the
150 provisions of s. 468.3101 or applicable the rules adopted
151 thereunder if the applicant had been certified by the department
152 at the time of the offense. An No application for a limited
153 computed tomography certificate may not shall be accepted. A
154 person All persons holding a valid computed tomography
155 certificate certificates as of October 1, 1984, is are subject
156 to the provisions of s. 468.309.
157 Section 5. Section 468.306, Florida Statutes, is amended to
158 read:
159 468.306 Examinations.—An applicant All applicants for
160 certification as a radiologic technologist, basic X-ray machine
161 operator, or basic X-ray machine operator-podiatric medicine,
162 except an applicant those certified pursuant to s. 468.3065,
163 shall be required to pass an examination. An applicant for
164 certification as a specialty technologist shall be certified
165 only in accordance with s. 468.3065. An application for
166 certification as a specialty technologist by examination may not
167 be accepted. In lieu of an examination for a radiologist
168 assistant certificate, the department shall accept a
169 demonstration by the applicant for such a certificate that he or
170 she holds a current certificate or registration as a radiologist
171 assistant granted by the American Registry of Radiologic
172 Technologists. The department may develop or use examinations
173 for each type of certificate. The department may require an
174 applicant who does not pass an examination after five attempts
175 to complete additional remedial education, as specified by rule
176 of the department, before admitting the applicant to subsequent
177 examinations.
178 (1) The department may contract with organizations that
179 develop such test examinations. Examinations may be administered
180 by the department or the contracting organization.
181 (2) Examinations shall be given for each type of
182 certificate at least twice a year at such times and places as
183 the department may determine to be advantageous for applicants.
184 (3) All examinations must shall be written and must include
185 positioning, technique, and radiation protection. The department
186 shall either pass or fail each applicant on the basis of his or
187 her final grade. The examination for a basic X-ray machine
188 operator must shall include basic positioning and basic
189 techniques directly related to the skills necessary to safely
190 operate radiographic equipment.
191 (4) A nonrefundable fee not to exceed $75 plus the actual
192 per-applicant cost for purchasing the examination from a
193 national organization shall be charged for any subsequent
194 examination.
195 Section 6. Subsection (3) is added to section 468.3065,
196 Florida Statutes, to read:
197 468.3065 Certification by endorsement.—
198 (3) The department may issue a certificate by endorsement
199 to practice as a specialty technologist to an applicant who,
200 upon applying to the department and remitting a nonrefundable
201 fee not to exceed $100, demonstrates to the department that he
202 or she holds a current certificate, license, or registration
203 from a national organization that is recognized by the
204 department to practice in an advanced, postprimary, or specialty
205 area of radiologic technology, such as computed tomography or
206 positron emission tomography.
207 Section 7. This act shall take effect July 1, 2012.
208
209 ================= T I T L E A M E N D M E N T ================
210 And the title is amended as follows:
211 Delete everything before the enacting clause
212 and insert:
213 A bill to be entitled
214 An act relating to radiological personnel; amending s.
215 468.301, F.S.; defining the term “specialty
216 technologist” as it relates to the certification of
217 radiological personnel; amending s. 468.302, F.S.;
218 providing titles for persons who hold a certificate as
219 a specialty technologist; authorizing a person holding
220 a certificate as a specialty technologist to perform
221 the specific duties allowed for a specialty
222 technologist as defined by the Department of Health;
223 requiring that the duties fall within the scope of
224 practice of the specialty as set by the national
225 organization for the particular advanced, postprimary,
226 or specialty area; amending s. 468.303, F.S.;
227 authorizing the Department of Health to adopt rules
228 for recognizing certain national organizations that
229 certify, license, or register specialty technologists;
230 amending s. 468.304, F.S.; providing criteria for
231 certification as a specialty technologist; amending s.
232 468.306, F.S.; providing for an applicant for
233 certification as a specialty technologist to be
234 certified only by endorsement rather than by
235 examination; amending s. 468.3065, F.S.; authorizing
236 the department to issue a certificate by endorsement
237 to practice as a specialty technologist to an
238 applicant who meets certain criteria; providing an
239 effective date.