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