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.