Bill Text: FL S0376 | 2012 | Regular Session | Comm Sub
Bill Title: Radiological Personnel
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-06 - Laid on Table, refer to CS/HB 309 -SJ 873 [S0376 Detail]
Download: Florida-2012-S0376-Comm_Sub.html
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 mayis authorized tomake such rules, 72 not inconsistent with law, as may be necessary to carry out the 73 provisions of this part. The department mayis authorized to74 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, ifprovided thatsuch 128 course of study isshall belimited to thethatinformation 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;or146 e. With respect to an applicant for a radiologist 147 assistant’s certificate,whodemonstrates 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 applicabletherulesadopted176thereunderif the applicant had been certified by the department 177 at the time of the offense. AnNoapplication for a limited 178 computed tomography certificate may notshallbe accepted. A 179 personAll personsholding a valid computed tomography 180 certificatecertificatesas of October 1, 1984, isaresubject 181 tothe provisions ofs. 468.309. 182 Section 5. Section 468.306, Florida Statutes, is amended to 183 read: 184 468.306 Examinations.—An applicantAll applicantsfor 185 certification as a radiologic technologist, basic X-ray machine 186 operator, or basic X-ray machine operator-podiatric medicine, 187 except an applicantthosecertified 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 mustshallbe written and must include 210 positioning, technique, and radiation protection. The department 211 shalleitherpass or fail each applicant on the basis of his or 212 her final grade. The examination for a basic X-ray machine 213 operator mustshallinclude 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.