Senate Bill sb1366e1
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1 A bill to be entitled
2 An act relating to radiologist assistants;
3 amending s. 468.3001, F.S.; redesignating part
4 IV of ch. 468, F.S., as the "Radiological
5 Personnel Certification Act"; amending s.
6 468.301, F.S.; providing definitions; amending
7 s. 468.302, F.S.; providing for identification
8 and duties of a radiologist assistant;
9 providing for rulemaking by the Department of
10 Health; providing limitations on duties a
11 radiologist assistant may perform; amending s.
12 468.304, F.S.; providing conditions for
13 qualification for a radiologist assistant's
14 certificate; amending s. 468.306, F.S.;
15 requiring certain applicants for certification
16 as a radiographer to pass an examination;
17 requiring the department to accept certain
18 demonstrations by an applicant for a
19 certification to practice as a radiologist
20 assistant in lieu of any examination
21 requirement; amending s. 468.3065, F.S.;
22 authorizing the Department of Health to issue
23 certificates by endorsement to certain
24 radiologist assistants; providing for a fee;
25 amending ss. 468.307, 468.309, 468.3095,
26 468.3101, 468.311, and 468.3115, F.S.;
27 including radiologist assistants in provisions
28 applicable to radiologic technologists with
29 respect to requirements for certificate
30 display, certificate renewal, change of
31 certificate status, grounds for disciplinary
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1 action, violations, penalties, and injunctive
2 relief; amending s. 468.314, F.S.; adding a
3 certified radiologist assistant to the
4 membership of the Advisory Council on Radiation
5 Protection; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
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9 Section 1. Section 468.3001, Florida Statutes, is
10 amended to read:
11 468.3001 Short title.--This part shall be known and
12 may be cited as the "Radiological Personnel Radiologic
13 Technologist Certification Act."
14 Section 2. Present subsections (4) through (15) of
15 section 468.301, Florida Statutes, are redesignated as
16 subsections (5) through (18), new subsections (4), (16), and
17 (17) are added to that section, and present subsection (14) of
18 that section is amended to read:
19 468.301 Definitions.--As used in this part, the term:
20 (4) "Certificateholder" means any person who holds a
21 certificate under this part which authorizes that person to
22 use radiation on human beings.
23 (15)(14) "Radiologic technologist" means a person,
24 other than a licensed practitioner, who is qualified by
25 education, training, or experience, as more specifically
26 defined in s. 468.302(3)(d)-(g) s. 468.302, to use radiation
27 on human beings under the specific direction and general
28 supervision of a licensed practitioner in each particular
29 case.
30 (16) "Radiologist" means a physician specializing in
31 radiology certified by or eligible for certification by the
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1 American Board of Radiology or the American Osteopathic Board
2 of Radiology, the British Royal College of Radiology, or the
3 Canadian College of Physicians and Surgeons.
4 (17) "Radiologist assistant" means a person, other
5 than a licensed practitioner, who is qualified by education
6 and certification, as set forth in s. 468.304, as an
7 advanced-level radiologic technologist who works under the
8 supervision of a radiologist to enhance patient care by
9 assisting the radiologist in the medical imaging environment.
10 Section 3. Subsections (1), (5), and (6) of section
11 468.302, Florida Statutes, are amended, paragraph (g) is added
12 to subsection (2) of that section, and paragraph (h) is added
13 to subsection (3) of that section, to read:
14 468.302 Use of radiation; identification of certified
15 persons; limitations; exceptions.--
16 (1) Except as provided in this section, a person may
17 not use radiation or otherwise practice radiologic technology
18 or any of the duties of a radiologist assistant on a human
19 being unless he or she:
20 (a) Is a licensed practitioner; or
21 (b) Is the holder of a certificate, as provided in
22 this part, and is operating under the direct supervision or
23 general supervision of a licensed practitioner in each
24 particular case; or.
25 (c) Is the holder of radiologist assistant
26 certificate, as provided in this part, and is operating under
27 the supervision of a radiologist, as specified in paragraph
28 (3)(h).
29 (2)
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1 (g) A person holding a certificate as a radiologist
2 assistant may use the title "Certified Radiologist Assistant"
3 or the letters "CRA" after his or her name.
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5 No other person is entitled to so use a title or letters
6 contained in this subsection or to hold himself or herself out
7 in any way, whether orally or in writing, expressly or by
8 implication, as being so certified.
9 (3)
10 (h) A person holding a certificate as a radiologist
11 assistant may:
12 1. Perform specific duties allowed for a radiologist
13 assistant as defined by the department by rule. The rule must
14 be consistent with guidelines adopted by the American College
15 of Radiology, the American Society of Radiologic
16 Technologists, and the American Registry of Radiologic
17 Technologists, with the level of supervision required by such
18 guidelines.
19 2. Not perform nuclear medicine or radiation therapy
20 procedures unless currently certified and trained to perform
21 those duties under the person's nuclear medicine technologist
22 or radiation therapy technologist certificate; not interpret
23 images; not make diagnoses; and not prescribe medications or
24 therapies.
25 (5) Nothing contained in this part relating to
26 radiologic technology or a radiologist assistant shall be
27 construed to limit, enlarge, or affect in any respect the
28 practice by duly licensed practitioners of their respective
29 professions.
30 (6) Requirement for certification does not apply to:
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1 (a) A hospital resident who is not a licensed
2 practitioner in this state or a student enrolled in and
3 attending a school or college of medicine, osteopathic
4 medicine, chiropody, podiatric medicine, or chiropractic
5 medicine or a radiologic technology educational program or a
6 radiologist assistant educational program and who applies
7 radiation to a human being while under the direct supervision
8 of a licensed practitioner.
9 (b) A person who is engaged in performing the duties
10 of a radiologic technologist or of a radiologist assistant in
11 his or her employment by a governmental agency of the United
12 States.
13 (c) A person who is trained and skilled in
14 cardiopulmonary technology and who provides cardiopulmonary
15 technology services at the direction, and under the direct
16 supervision, of a licensed practitioner.
17 Section 4. Paragraph (e) of subsection (3) of section
18 468.304, Florida Statutes, is amended to read:
19 468.304 Certification.--The department shall certify
20 any applicant who meets the following criteria:
21 (3) Submits satisfactory evidence, verified by oath or
22 affirmation, that she or he:
23 (e)1. Has successfully completed an educational
24 program, which program may be established in a hospital
25 licensed pursuant to chapter 395 or in an accredited
26 postsecondary academic institution which is subject to
27 approval by the department as maintaining a satisfactory
28 standard; or
29 2.a. With respect to an applicant for a basic X-ray
30 machine operator's certificate, has completed a course of
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1 study approved by the department with appropriate study
2 material provided the applicant by the department;
3 b. With respect to an applicant for a basic X-ray
4 machine operator-podiatric medicine certificate, has completed
5 a course of study approved by the department, provided that
6 such course of study shall be limited to that information
7 necessary to perform radiographic procedures within the scope
8 of practice of a podiatric physician licensed pursuant to
9 chapter 461;
10 c. With respect only to an applicant for a general
11 radiographer's certificate who is a basic X-ray machine
12 operator certificateholder, has completed an educational
13 program or a 2-year training program that takes into account
14 the types of procedures and level of supervision usually and
15 customarily practiced in a hospital, which educational or
16 training program complies with the rules of the department; or
17 d. With respect only to an applicant for a nuclear
18 medicine technologist's certificate who is a general
19 radiographer certificateholder, has completed an educational
20 program or a 2-year training program that takes into account
21 the types of procedures and level of supervision usually and
22 customarily practiced in a hospital, which educational or
23 training program complies with the rules of the department;
24 or.
25 e. With respect to an applicant for a radiologist
26 assistant's certificate who demonstrates to the department
27 that he or she holds a current certificate or registration as
28 a radiologist assistant granted by the American Registry of
29 Radiologic Technologists.
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1 The department may not certify any applicant who has committed
2 an offense that would constitute a violation of any of the
3 provisions of s. 468.3101 or the rules adopted thereunder if
4 the applicant had been certified by the department at the time
5 of the offense. No application for a limited computed
6 tomography certificate shall be accepted. All persons holding
7 valid computed tomography certificates as of October 1, 1984,
8 are subject to the provisions of s. 468.309.
9 Section 5. Section 468.306, Florida Statutes, is
10 amended to read:
11 468.306 Examinations.--All applicants for
12 certification as a radiologic technologist, basic X-ray
13 machine operator, or basic X-ray machine operator-podiatric
14 medicine, except those certified pursuant to s. 468.3065,
15 shall be required to pass an examination. In lieu of an
16 examination for a radiologist assistant certificate, the
17 department shall accept a demonstration by the applicant for
18 such a certificate that he or she holds a current certificate
19 or registration as a radiologist assistant granted by the
20 American Registry of Radiologic Technologists. The department
21 may is authorized to develop or use examinations for each type
22 of certificate. The department may require an applicant who
23 does not pass an examination after five attempts to complete
24 additional remedial education, as specified by rule of the
25 department, before admitting the applicant to subsequent
26 examinations.
27 (1) The department may shall have the authority to
28 contract with organizations that develop such test
29 examinations. Examinations may be administered by the
30 department or the contracting organization.
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1 (2) Examinations shall be given for each type of
2 certificate at least twice a year at such times and places as
3 the department may determine to be advantageous for
4 applicants.
5 (3) All examinations shall be written and include
6 positioning, technique, and radiation protection. The
7 department shall either pass or fail each applicant on the
8 basis of his or her final grade. The examination for a basic
9 X-ray machine operator shall include basic positioning and
10 basic techniques directly related to the skills necessary to
11 safely operate radiographic equipment.
12 (4) A nonrefundable fee not to exceed $75 plus the
13 actual per-applicant cost for purchasing the examination from
14 a national organization shall be charged for any subsequent
15 examination.
16 Section 6. Section 468.3065, Florida Statutes, is
17 amended to read:
18 468.3065 Certification by endorsement.--
19 (1) The department may issue a certificate by
20 endorsement to practice as a radiologist assistant to an
21 applicant who, upon applying to the department and remitting a
22 nonrefundable fee not to exceed $50, demonstrates to the
23 department that he or she holds a current certificate or
24 registration as a radiologist assistant granted by the
25 American Registry of Radiologic Technologists.
26 (2) The department may issue a certificate by
27 endorsement to practice radiologic technology to an applicant
28 who, upon applying to the department and remitting a
29 nonrefundable fee not to exceed $50, demonstrates to the
30 department that he or she holds a current certificate,
31 license, or registration to practice radiologic technology,
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1 provided that the requirements for such certificate, license,
2 or registration are deemed by the department to be
3 substantially equivalent to those established under this part
4 and rules adopted under this part.
5 Section 7. Subsection (3) of section 468.307, Florida
6 Statutes, is amended to read:
7 468.307 Certificate; issuance; display.--
8 (3) Every employer of certificateholders radiologic
9 technologists shall display the certificates of all of such
10 employees in a place accessible to view.
11 Section 8. Paragraph (a) of subsection (1), and
12 subsections (4), (5), (6), and (7) of section 468.309, Florida
13 Statutes, are amended to read:
14 468.309 Certificate; duration; renewal; reversion to
15 inactive status; members of Armed Forces and spouses.--
16 (1)(a) A radiologic technologist's certificate issued
17 in accordance with this part expires as specified in rules
18 adopted by the department which establish a procedure for the
19 biennial renewal of certificates. A certificate shall be
20 renewed by the department for a period of 2 years upon payment
21 of a renewal fee in an amount not to exceed $75 and upon
22 submission of a renewal application containing such
23 information as the department deems necessary to show that the
24 applicant for renewal is a certificateholder radiologic
25 technologist in good standing and has completed any continuing
26 education requirements that the department establishes.
27 (4) Any certificate that is not renewed by its
28 expiration date shall automatically be placed in an expired
29 status, and the certificateholder may not practice radiologic
30 technology or perform the duties of a radiologist assistant
31 until the certificate has been reactivated.
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1 (5) A certificateholder in good standing remains in
2 good standing when he or she becomes a member of the Armed
3 Forces of the United States on active duty without paying
4 renewal fees or accruing continuing education credits as long
5 as he or she is a member of the Armed Forces on active duty
6 and for a period of 6 months after discharge from active duty,
7 if he or she is not engaged in practicing radiologic
8 technology or performing the duties of a radiologist assistant
9 in the private sector for profit. The certificateholder must
10 pay a renewal fee and complete continuing education not to
11 exceed 12 classroom hours to renew the certificate.
12 (6) A certificateholder who is in good standing
13 remains in good standing if he or she is absent from the state
14 because of his or her spouse's active duty with the Armed
15 Forces of the United States. The certificateholder remains in
16 good standing without paying renewal fees or completing
17 continuing education as long as his or her spouse is a member
18 of the Armed Forces on active duty and for a period of 6
19 months after the spouse's discharge from active duty, if the
20 certificateholder is not engaged in practicing radiologic
21 technology or performing the duties of a radiologist assistant
22 in the private sector for profit. The certificateholder must
23 pay a renewal fee and complete continuing education not to
24 exceed 12 classroom hours to renew the certificate.
25 (7) A certificateholder may resign his or her
26 certification by submitting to the department a written,
27 notarized resignation on a form specified by the department.
28 The resignation automatically becomes effective upon the
29 department's receipt of the resignation form, at which time
30 the certificateholder's certification automatically becomes
31 null and void and may not be reactivated or renewed or used to
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1 practice radiologic technology or to perform the duties of a
2 radiologist assistant. A certificateholder who has resigned
3 may become certified again only by reapplying to the
4 department for certification as a new applicant and meeting
5 the certification requirements pursuant to s. 468.304 or s.
6 468.3065. Any disciplinary action that had been imposed on the
7 certificateholder prior to his or her resignation shall be
8 tolled until he or she again becomes certified. Any
9 disciplinary action proposed at the time of the
10 certificateholder's resignation shall be tolled until he or
11 she again becomes certified.
12 Section 9. Paragraphs (a) and (c) of subsection (2) of
13 section 468.3095, Florida Statutes, are amended to read:
14 468.3095 Inactive status; reactivation; automatic
15 suspension; reinstatement.--
16 (2)(a) A certificate that has been expired for less
17 than 10 years may be reactivated upon payment of the biennial
18 renewal fee and a late renewal fee, not to exceed $100, and
19 submission of a reactivation application containing any
20 information that the department deems necessary to show that
21 the applicant is a certificateholder radiologic technologist
22 in good standing and has met the requirements for continuing
23 education. The department shall prescribe, by rule, continuing
24 education requirements as a condition of reactivating a
25 certificate. The continuing education requirements for
26 reactivating a certificate may not exceed 10 classroom hours
27 for each year the certificate was expired and may not exceed
28 100 classroom hours for all years in which the certificate was
29 expired.
30 (c) A certificate that has been inactive or expired
31 for 10 years or more automatically becomes null and void and
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1 may not be reactivated, renewed, or used to practice
2 radiologic technology or to perform the duties of a
3 radiologist assistant. A certificateholder whose certificate
4 has become null and void may become certified again only by
5 reapplying to the department as a new applicant and meeting
6 the requirements of s. 468.304 or s. 468.3065.
7 Section 10. Subsections (1), (2), (3), and (5) of
8 section 468.3101, Florida Statutes, are amended to read:
9 468.3101 Disciplinary grounds and actions.--
10 (1) The department may make or require to be made any
11 investigations, inspections, evaluations, and tests, and
12 require the submission of any documents and statements, which
13 it considers necessary to determine whether a violation of
14 this part has occurred. The following acts shall be grounds
15 for disciplinary action as set forth in this section:
16 (a) Procuring, attempting to procure, or renewing a
17 certificate to practice radiologic technology by bribery, by
18 fraudulent misrepresentation, or through an error of the
19 department.
20 (b) Having a voluntary or mandatory certificate to
21 practice radiologic technology or to perform the duties of a
22 radiologist assistant revoked, suspended, or otherwise acted
23 against, including being denied certification, by a national
24 organization; by a specialty board recognized by the
25 department; or by a certification authority of another state,
26 territory, or country.
27 (c) Being convicted or found guilty, regardless of
28 adjudication, in any jurisdiction of a crime that directly
29 relates to the practice of radiologic technology or to the
30 performance of the duties of a radiologist assistant, or to
31 the ability to practice radiologic technology or the ability
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1 to perform the duties of a radiologist assistant. Pleading
2 nolo contendere shall be considered a conviction for the
3 purpose of this provision.
4 (d) Being convicted or found guilty, regardless of
5 adjudication, in any jurisdiction of a crime against a person.
6 Pleading nolo contendere shall be considered a conviction for
7 the purposes of this provision.
8 (e) Making or filing a false report or record that the
9 certificateholder knows to be false, intentionally or
10 negligently failing to file a report or record required by
11 state or federal law, or willfully impeding or obstructing
12 such filing or inducing another to do so. Such reports or
13 records include only those reports or records which are signed
14 in the capacity of the certificateholder as a radiologic
15 technologist.
16 (f) Engaging in unprofessional conduct, which
17 includes, but is not limited to, any departure from, or the
18 failure to conform to, the standards of practice of radiologic
19 technology or the standards of practice for radiologist
20 assistants as established by the department, in which case
21 actual injury need not be established.
22 (g) Being unable to practice radiologic technology or
23 to perform the duties of a radiologist assistant with
24 reasonable skill and safety to patients by reason of illness
25 or use of alcohol, drugs, narcotics, chemicals, or other
26 materials or as a result of any mental or physical condition.
27 A certificateholder radiologic technologist affected under
28 this paragraph shall, at reasonable intervals, be afforded an
29 opportunity to demonstrate that he or she can resume the
30 competent practice of his or her certified profession
31 radiologic technology with reasonable skill and safety.
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1 (h) Failing to report to the department any person who
2 the certificateholder knows is in violation of this part or of
3 the rules of the department.
4 (i) Violating any provision of this part, any rule of
5 the department, or any lawful order of the department
6 previously entered in a disciplinary proceeding or failing to
7 comply with a lawfully issued subpoena of the department.
8 (j) Employing, for the purpose of applying ionizing
9 radiation or otherwise practicing radiologic technology or
10 performing the duties of a radiologist assistant on a human
11 being, any individual who is not certified under the
12 provisions of this part.
13 (k) Testing positive for any drug, as defined in s.
14 112.0455, on any confirmed preemployment or employer-required
15 drug screening when the certificateholder radiologic
16 technologist does not have a lawful prescription and
17 legitimate medical reason for using such drug.
18 (l) Failing to report to the department in writing
19 within 30 days after the certificateholder has had a voluntary
20 or mandatory certificate to practice radiologic technology or
21 to perform the duties of a radiologist assistant revoked,
22 suspended, or otherwise acted against, including being denied
23 certification, by a national organization, by a specialty
24 board recognized by the department, or by a certification
25 authority of another state, territory, or country.
26 (m) Having been found guilty of, regardless of
27 adjudication, or pleading guilty or nolo contendere to, any
28 offense prohibited under s. 435.03 or under any similar
29 statute of another jurisdiction.
30 (n) Failing to comply with the recommendations of the
31 department's impaired practitioner program for treatment,
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1 evaluation, or monitoring. A letter from the director of the
2 impaired practitioner program that the certificateholder is
3 not in compliance shall be considered conclusive proof under
4 this part.
5 (2) If the department finds any person or firm guilty
6 of any of the grounds set forth in subsection (1), it may
7 enter an order imposing one or more of the following
8 penalties:
9 (a) Refusal to approve an application for
10 certification.
11 (b) Revocation or suspension of a certificate.
12 (c) Imposition of an administrative fine not to exceed
13 $1,000 for each count or separate offense.
14 (d) Issuance of a reprimand.
15 (e) Placement of the certificateholder radiologic
16 technologist on probation for such period of time and subject
17 to such conditions as the department may specify, including
18 requiring the certificateholder radiologic technologist to
19 submit to treatment, to undertake further relevant education
20 or training, to take an examination, or to work under the
21 supervision of a licensed practitioner.
22 (3) The department shall not reinstate a person's the
23 certificate of a radiologic technologist, or cause a
24 certificate to be issued to a person it has deemed
25 unqualified, until such time as the department is satisfied
26 that such person has complied with all the terms and
27 conditions set forth in the final order and is capable of
28 safely engaging in the practice of his or her certified
29 profession radiologic technology.
30 (5) A final disciplinary action taken against a
31 certificateholder radiologic technologist in another
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1 jurisdiction, whether voluntary or mandatory, shall be
2 considered conclusive proof of grounds for a disciplinary
3 proceeding under this part.
4 Section 11. Section 468.311, Florida Statutes, is
5 amended to read:
6 468.311 Violations; penalties.--Each of the following
7 acts constitutes a misdemeanor of the second degree,
8 punishable as provided in s. 775.082 or s. 775.083:
9 (1) Practicing radiologic technology or performing the
10 duties of a radiologist assistant without holding an active
11 certificate to do so.
12 (2) Using or attempting to use a certificate which has
13 been suspended or revoked.
14 (3) The willful practice of radiologic technology or
15 the willful performance of the duties of a radiologist
16 assistant by a student radiologic technologist without a
17 direct supervisor being present.
18 (4) Knowingly allowing a student radiologic
19 technologist to practice radiologic technology or perform the
20 duties of a radiologist assistant without a direct supervisor
21 being present.
22 (5) Obtaining or attempting to obtain a certificate
23 under this part through bribery or fraudulent
24 misrepresentation.
25 (6) Using any the name or title specified in s.
26 468.302(2) "Certified Radiologic Technologist" or any other
27 name or title which implies that a person is certified to
28 practice radiologic technology or to perform the duties of a
29 radiologist assistant, unless such person is duly certified as
30 provided in this part.
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1 (7) Knowingly concealing information relating to the
2 enforcement of this part or rules adopted pursuant to this
3 part.
4 (8) Employing, for the purpose of applying ionizing
5 radiation to, or otherwise practicing radiologic technology or
6 any of the duties of a radiologist assistant on, any human
7 being, any individual who is not certified under the
8 provisions of this part.
9 Section 12. Section 468.3115, Florida Statutes, is
10 amended to read:
11 468.3115 Injunctive relief.--The practice of
12 radiologic technology or the performance of the duties of a
13 radiologist assistant in violation of this part, or the
14 performance of any act prohibited in this part, is declared a
15 nuisance inimical to the public health, safety, and welfare of
16 this state. In addition to other remedies provided in this
17 part, the department, or any state attorney in the name of the
18 people of this state, may bring an action for an injunction to
19 restrain such violation until compliance with the provisions
20 of this part and the rules adopted pursuant to this part has
21 been demonstrated to the satisfaction of the department.
22 Section 13. Subsections (1), (2), and (5) of section
23 468.314, Florida Statutes, are amended to read:
24 468.314 Advisory Council on Radiation Protection;
25 appointment; terms; powers; duties.--
26 (1) The Advisory Council on Radiation Protection is
27 created within the Department of Health and shall consist of
28 16 15 persons to be appointed by the secretary for 3-year
29 terms.
30 (2) The council shall be comprised of:
31 (a) A certified radiologic technologist-radiographer.
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1 (b) A certified radiologic technologist-nuclear
2 medicine.
3 (c) A certified radiologic technologist-therapy.
4 (d) A basic X-ray machine operator or a licensed
5 practitioner who employs such an operator.
6 (e) A board-certified radiologist.
7 (f) A board-certified nuclear medicine physician.
8 (g) A certified health physicist.
9 (h) A certified radiologist assistant.
10 (i)(h) A representative from the administration of a
11 hospital affiliated with a radiologic technology educational
12 program.
13 (j)(i) An expert in environmental radiation matters.
14 (k)(j) A chiropractic radiologist.
15 (l)(k) A board-certified podiatric physician.
16 (m)(l) A board-certified radiological physicist.
17 (n)(m) A board-certified therapeutic radiologist or
18 board-certified radiation oncologist.
19 (o)(n) Two persons, neither of whom has ever been
20 certified pursuant to this part as a radiologic technologist
21 or been a member of any closely related profession.
22 (5)(a) The council may recommend to the department
23 examination procedures for applicants and minimum requirements
24 for qualification of applicants.
25 (b) The council shall:
26 1. Recommend to the department a code of ethics for
27 the certificateholder's practice of his or her certified
28 profession radiologic technology.
29 2. Make recommendations for the improvement of
30 continuing education courses.
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1 3. Make recommendations to the department on matters
2 relating to the practice of radiologic technology, the
3 performance of the duties of a radiologist assistant, and
4 radiation protection.
5 4. Study the utilization of medical imaging and
6 nonionizing radiation, such as nuclear magnetic resonance or
7 similarly related technology, and make recommendations to the
8 department on the personnel appropriate to conduct such
9 procedures and the minimum qualifications for such personnel.
10 Section 14. This act shall take effect July 1, 2006.
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