Florida Senate - 2012 CS for SB 376
By the Committee on Health Regulation; and Senator Flores
588-01849-12 2012376c1
1 A bill to be entitled
2 An act relating to radiological personnel; amending s.
3 468.301, F.S.; defining the term “specialty
4 technologist” as it relates to the certification of
5 radiological personnel; amending s. 468.302, F.S.;
6 providing titles for persons who hold a certificate as
7 a specialty technologist; authorizing a person holding
8 a certificate as a specialty technologist to perform
9 the specific duties allowed for a specialty
10 technologist as defined by the Department of Health;
11 requiring that the duties fall within the scope of
12 practice of the specialty as set by the national
13 organization for the particular advanced, postprimary,
14 or specialty area; amending s. 468.303, F.S.;
15 authorizing the Department of Health to adopt rules
16 for recognizing certain national organizations that
17 certify, license, or register specialty technologists;
18 amending s. 468.304, F.S.; providing criteria for
19 certification as a specialty technologist; amending s.
20 468.306, F.S.; providing for an applicant for
21 certification as a specialty technologist to be
22 certified only by endorsement rather than by
23 examination; amending s. 468.3065, F.S.; authorizing
24 the department to issue a certificate by endorsement
25 to practice as a specialty technologist to an
26 applicant who meets certain criteria; providing an
27 effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsection (18) is added to section 468.301,
32 Florida Statutes, to read:
33 468.301 Definitions.—As used in this part, the term:
34 (18) “Specialty technologist” means a person, other than a
35 licensed practitioner, who is qualified by education and
36 certification, as set forth in s. 468.304, to use radiation on
37 human beings under the specific direction and general
38 supervision of a licensed practitioner.
39 Section 2. Paragraph (h) is added to subsection (2) and
40 paragraph (i) is added to subsection (3) of section 468.302,
41 Florida Statutes, to read:
42 468.302 Use of radiation; identification of certified
43 persons; limitations; exceptions.—
44 (2)
45 (h) A person holding a certificate as a specialty
46 technologist may use the title “Certified Radiologic
47 Technologist-X” or the letters “CRT-X” after his or her name,
48 where “X” represents a single- or multiple-letter designation
49 signifying the advanced, postprimary, or specialty area of
50 radiologic technology, such as “CT” for computed tomography or
51 “PET” for positron emission tomography, in which the person is
52 certified by a national organization that is recognized by the
53 department. The department shall approve these letter
54 designations by rule for each area, consistent with the
55 designation used by the national organization.
56
57 No other person is entitled to so use a title or letters
58 contained in this subsection or to hold himself or herself out
59 in any way, whether orally or in writing, expressly or by
60 implication, as being so certified.
61 (3)
62 (i) A person holding a certificate as a specialty
63 technologist may perform the specific duties allowed for a
64 specialty technologist as defined by rule of the department.
65 These duties must fall within the scope of practice for the
66 specialty as set by the national organization for that
67 particular advanced, postprimary, or specialty area.
68 Section 3. Section 468.303, Florida Statutes, is amended to
69 read:
70 468.303 Rules.—
71 (1) The department may is authorized to make such rules,
72 not inconsistent with law, as may be necessary to carry out the
73 provisions of this part. The department may is authorized to
74 establish by rule fees to be paid for application, examination,
75 reexamination, certification, and renewal, and for recordmaking
76 and recordkeeping, provided that no fee shall exceed the amounts
77 provided in this part. Fees shall be based on department
78 estimates of the revenue required to implement the provisions of
79 this part. The department may, based upon estimates of revenue
80 required to implement this part, establish separate fee
81 schedules for application, examination, reexamination,
82 certification, and renewal for the different categories of
83 certification.
84 (2) The department may adopt rules for recognizing national
85 organizations that certify, license, or register specialty
86 technologists under educational and examination requirements
87 that demonstrate technical and safety competencies for the scope
88 of practice for that specialty.
89 Section 4. Section 468.304, Florida Statutes, is amended to
90 read:
91 468.304 Certification.—The department shall certify any
92 applicant who meets the following criteria:
93 (1) Pays to the department a nonrefundable fee that may not
94 exceed $100, plus the actual per-applicant cost to the
95 department for purchasing the examination from a national
96 organization.
97 (2) Submits a completed application on a form specified by
98 the department. An incomplete application expires 6 months after
99 initial filing. The application must include the social security
100 number of the applicant. Each applicant shall notify the
101 department in writing of his or her current mailing address.
102 Notwithstanding any other law, service by regular mail to an
103 applicant’s last reported mailing address constitutes adequate
104 and sufficient notice of any official departmental communication
105 to the applicant.
106 (3) Submits satisfactory evidence, verified by oath or
107 affirmation, that she or he:
108 (a) Is at least 18 years of age at the time of application;
109 (b) Is a high school, vocational school, technical school,
110 or college graduate or has successfully completed the
111 requirements for a graduate equivalency diploma (GED) or its
112 equivalent;
113 (c) Is of good moral character;
114 (d) Has passed an examination as specified in s. 468.306 or
115 meets the requirements specified in s. 468.3065; and
116 (e)1. Has successfully completed an educational program,
117 which program may be established in a hospital licensed pursuant
118 to chapter 395 or in an accredited postsecondary academic
119 institution which is subject to approval by the department as
120 maintaining a satisfactory standard; or
121 2.a. With respect to an applicant for a basic X-ray machine
122 operator’s certificate, has completed a course of study approved
123 by the department with appropriate study material provided the
124 applicant by the department;
125 b. With respect to an applicant for a basic X-ray machine
126 operator-podiatric medicine certificate, has completed a course
127 of study approved by the department, if provided that such
128 course of study is shall be limited to the that information
129 necessary to perform radiographic procedures within the scope of
130 practice of a podiatric physician licensed pursuant to chapter
131 461;
132 c. With respect only to an applicant for a general
133 radiographer’s certificate who is a basic X-ray machine operator
134 certificateholder, has completed an educational program or a 2
135 year training program that takes into account the types of
136 procedures and level of supervision usually and customarily
137 practiced in a hospital, which educational or training program
138 complies with the rules of the department;
139 d. With respect only to an applicant for a nuclear medicine
140 technologist’s certificate who is a general radiographer
141 certificateholder, has completed an educational program or a 2
142 year training program that takes into account the types of
143 procedures and level of supervision usually and customarily
144 practiced in a hospital, which educational or training program
145 complies with the rules of the department; or
146 e. With respect to an applicant for a radiologist
147 assistant’s certificate, who demonstrates to the department that
148 he or she holds a current certificate or registration as a
149 radiologist assistant granted by the American Registry of
150 Radiologic Technologists; or.
151 f. With respect to an applicant for a specialty
152 technologist’s certificate, demonstrates to the department that
153 he or she is currently certified by or registered with a
154 national organization that is recognized by the department in an
155 advanced, postprimary, or specialty area of radiologic
156 technology, such as computed tomography or positron emission
157 tomography.
158 (4) Submits complete documentation of any criminal offense
159 in any jurisdiction of which the applicant has been found
160 guilty, regardless of whether adjudication of guilt was
161 withheld, or to which the applicant has pled guilty or nolo
162 contendere.
163 (5) Submits complete documentation of any final
164 disciplinary action taken against the applicant by a licensing
165 or regulatory body in any jurisdiction, by a national
166 organization, or by a specialty board that is recognized by the
167 department. Disciplinary action includes revocation, suspension,
168 probation, reprimand, or being otherwise acted against,
169 including being denied certification or resigning from or
170 nonrenewal of membership taken in lieu of or in settlement of a
171 pending disciplinary case.
172
173 The department may not certify any applicant who has committed
174 an offense that would constitute a violation of any of the
175 provisions of s. 468.3101 or applicable the rules adopted
176 thereunder if the applicant had been certified by the department
177 at the time of the offense. An No application for a limited
178 computed tomography certificate may not shall be accepted. A
179 person All persons holding a valid computed tomography
180 certificate certificates as of October 1, 1984, is are subject
181 to the provisions of s. 468.309.
182 Section 5. Section 468.306, Florida Statutes, is amended to
183 read:
184 468.306 Examinations.—An applicant All applicants for
185 certification as a radiologic technologist, basic X-ray machine
186 operator, or basic X-ray machine operator-podiatric medicine,
187 except an applicant those certified pursuant to s. 468.3065,
188 shall be required to pass an examination. An applicant for
189 certification as a specialty technologist shall be certified
190 only in accordance with s. 468.3065. An application for
191 certification as a specialty technologist by examination may not
192 be accepted. In lieu of an examination for a radiologist
193 assistant certificate, the department shall accept a
194 demonstration by the applicant for such a certificate that he or
195 she holds a current certificate or registration as a radiologist
196 assistant granted by the American Registry of Radiologic
197 Technologists. The department may develop or use examinations
198 for each type of certificate. The department may require an
199 applicant who does not pass an examination after five attempts
200 to complete additional remedial education, as specified by rule
201 of the department, before admitting the applicant to subsequent
202 examinations.
203 (1) The department may contract with organizations that
204 develop such test examinations. Examinations may be administered
205 by the department or the contracting organization.
206 (2) Examinations shall be given for each type of
207 certificate at least twice a year at such times and places as
208 the department may determine to be advantageous for applicants.
209 (3) All examinations must shall be written and must include
210 positioning, technique, and radiation protection. The department
211 shall either pass or fail each applicant on the basis of his or
212 her final grade. The examination for a basic X-ray machine
213 operator must shall include basic positioning and basic
214 techniques directly related to the skills necessary to safely
215 operate radiographic equipment.
216 (4) A nonrefundable fee not to exceed $75 plus the actual
217 per-applicant cost for purchasing the examination from a
218 national organization shall be charged for any subsequent
219 examination.
220 Section 6. Subsection (3) is added to section 468.3065,
221 Florida Statutes, to read:
222 468.3065 Certification by endorsement.—
223 (3) The department may issue a certificate by endorsement
224 to practice as a specialty technologist to an applicant who,
225 upon applying to the department and remitting a nonrefundable
226 fee not to exceed $100, demonstrates to the department that he
227 or she holds a current certificate, license, or registration
228 from a national organization that is recognized by the
229 department to practice in an advanced, postprimary, or specialty
230 area of radiologic technology, such as computed tomography or
231 positron emission tomography.
232 Section 7. This act shall take effect July 1, 2012.