| 1 | A bill to be entitled |
| 2 | An act relating to radiological personnel; amending s. |
| 3 | 468.3003, F.S.; clarifying legislative policy; |
| 4 | amending s. 468.301, F.S.; redefining the term |
| 5 | "radiation" and defining the term "specialty |
| 6 | technologist" as those terms relate to the |
| 7 | certification of radiological personnel; amending s. |
| 8 | 468.302, F.S.; providing titles for persons who hold a |
| 9 | certificate as a specialty technologist; authorizing a |
| 10 | person holding a certificate as a specialty |
| 11 | technologist to perform the specific duties allowed |
| 12 | for a specialty technologist as defined by the |
| 13 | Department of Health; requiring that the duties be |
| 14 | consistent with the scope of practice of a national |
| 15 | registry for the particular advanced, postprimary, or |
| 16 | specialty area; amending s. 468.304, F.S.; providing |
| 17 | criteria for certification as a specialty |
| 18 | technologist; amending s. 468.306, F.S.; providing for |
| 19 | an applicant for certification as a specialty |
| 20 | technologist to be certified only by endorsement |
| 21 | rather than by examination; amending s. 468.3065, |
| 22 | F.S.; authorizing the department to issue a |
| 23 | certificate by endorsement to practice as a specialty |
| 24 | technologist to an applicant who meets certain |
| 25 | criteria; providing an effective date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. Section 468.3003, Florida Statutes, is amended |
| 30 | to read: |
| 31 | 468.3003 Declaration of policy.-It is declared to be the |
| 32 | policy of the state that the health and safety of the people |
| 33 | must be protected against the harmful effects of excessive and |
| 34 | improper exposure to ionizing radiation. Such protection can in |
| 35 | some major measure be accomplished by requiring adequate |
| 36 | training and experience of persons who use radiation and |
| 37 | radiation-emitting equipment in each particular case under the |
| 38 | specific direction of licensed practitioners. It is the purpose |
| 39 | of this part to establish standards of education, training, and |
| 40 | experience and to require the examination and certification of |
| 41 | users of radiation and radiation-emitting equipment. |
| 42 | Section 2. Subsection (14) of section 468.301, Florida |
| 43 | Statutes, is amended, and subsection (18) is added to that |
| 44 | section, to read: |
| 45 | 468.301 Definitions.-As used in this part, the term: |
| 46 | (14) "Radiation" means X rays and gamma rays, alpha and |
| 47 | beta particles, high-speed electrons, neutrons, and other |
| 48 | nuclear particles. The department may by rule add other types of |
| 49 | radiation to this definition in order to accommodate changes in |
| 50 | imaging or therapy technology or procedures. |
| 51 | (18) "Specialty technologist" means a person, other than a |
| 52 | licensed practitioner, who is qualified by education and |
| 53 | certification, as set forth in s. 468.304, to use radiation on |
| 54 | humans under the specific direction and general supervision of a |
| 55 | licensed practitioner. |
| 56 | Section 3. Paragraph (h) is added to subsection (2) and |
| 57 | paragraph (i) is added to subsection (3) of section 468.302, |
| 58 | Florida Statutes, to read: |
| 59 | 468.302 Use of radiation; identification of certified |
| 60 | persons; limitations; exceptions.- |
| 61 | (2) |
| 62 | (h) A person holding a certificate as a specialty |
| 63 | technologist may use the title "Certified Radiologic |
| 64 | Technologist-X" or the letters "CRT-X" where "X" represents a |
| 65 | single- or multiple-letter designation signifying the advanced, |
| 66 | postprimary, or specialty area of radiologic technology, such as |
| 67 | "CT" for computed tomography or "PET" for positron emission |
| 68 | tomography, in which the person is certified by a national |
| 69 | registry that is recognized by the department. The department |
| 70 | shall approve these letter designations by rule for each area, |
| 71 | consistent with the designation used by the national registry. |
| 72 |
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| 73 | No other person is entitled to so use a title or letters |
| 74 | contained in this subsection or to hold himself or herself out |
| 75 | in any way, whether orally or in writing, expressly or by |
| 76 | implication, as being so certified. |
| 77 | (3) |
| 78 | (i) A person holding a certificate as a specialty |
| 79 | technologist may perform the specific duties allowed for a |
| 80 | specialty technologist as defined by department by rule. These |
| 81 | duties must be consistent with the scope of practice of the |
| 82 | national registry for that particular advanced, postprimary, or |
| 83 | specialty area. |
| 84 | Section 4. Subsection (3) of section 468.304, Florida |
| 85 | Statutes, is amended to read: |
| 86 | 468.304 Certification.-The department shall certify any |
| 87 | applicant who meets the following criteria: |
| 88 | (3) Submits satisfactory evidence, verified by oath or |
| 89 | affirmation, that she or he: |
| 90 | (a) Is at least 18 years of age at the time of |
| 91 | application; |
| 92 | (b) Is a high school, vocational school, technical school, |
| 93 | or college graduate or has successfully completed the |
| 94 | requirements for a graduate equivalency diploma (GED) or its |
| 95 | equivalent; |
| 96 | (c) Is of good moral character; |
| 97 | (d) Has passed an examination as specified in s. 468.306 |
| 98 | or meets the requirements specified in s. 468.3065; and |
| 99 | (e)1. Has successfully completed an educational program, |
| 100 | which program may be established in a hospital licensed pursuant |
| 101 | to chapter 395 or in an accredited postsecondary academic |
| 102 | institution which is subject to approval by the department as |
| 103 | maintaining a satisfactory standard; or |
| 104 | 2.a. With respect to an applicant for a basic X-ray |
| 105 | machine operator's certificate, has completed a course of study |
| 106 | approved by the department with appropriate study material |
| 107 | provided the applicant by the department; |
| 108 | b. With respect to an applicant for a basic X-ray machine |
| 109 | operator-podiatric medicine certificate, has completed a course |
| 110 | of study approved by the department, provided that such course |
| 111 | of study shall be limited to that information necessary to |
| 112 | perform radiographic procedures within the scope of practice of |
| 113 | a podiatric physician licensed pursuant to chapter 461; |
| 114 | c. With respect only to an applicant for a general |
| 115 | radiographer's certificate who is a basic X-ray machine operator |
| 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; |
| 121 | d. With respect only to an applicant for a nuclear |
| 122 | medicine technologist's certificate who is a general |
| 123 | radiographer certificateholder, has completed an educational |
| 124 | program or a 2-year training program that takes into account the |
| 125 | types of procedures and level of supervision usually and |
| 126 | customarily practiced in a hospital, which educational or |
| 127 | training program complies with the rules of the department; or |
| 128 | e. With respect to an applicant for a radiologist |
| 129 | assistant's certificate who demonstrates to the department that |
| 130 | he or she holds a current certificate or registration as a |
| 131 | radiologist assistant granted by the American Registry of |
| 132 | Radiologic Technologists; or. |
| 133 | f. With respect to an applicant for a specialty |
| 134 | technologist's certificate, demonstrates to the department that |
| 135 | he or she is currently certified or registered by a national |
| 136 | registry that is recognized by the department in an advanced, |
| 137 | postprimary, or specialty area of radiologic technology, such as |
| 138 | computed tomography or positron emission tomography. |
| 139 |
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| 140 | The department may not certify any applicant who has committed |
| 141 | an offense that would constitute a violation of any of the |
| 142 | provisions of s. 468.3101 or applicable the rules adopted |
| 143 | thereunder if the applicant had been certified by the department |
| 144 | at the time of the offense. An No application for a limited |
| 145 | computed tomography certificate may not shall be accepted. A |
| 146 | person All persons holding a valid computed tomography |
| 147 | certificate certificates as of October 1, 1984, is are subject |
| 148 | to the provisions of s. 468.309. |
| 149 | Section 5. Section 468.306, Florida Statutes, is amended |
| 150 | to read: |
| 151 | 468.306 Examinations.-An applicant All applicants for |
| 152 | certification as a radiologic technologist, basic X-ray machine |
| 153 | operator, or basic X-ray machine operator-podiatric medicine, |
| 154 | except an applicant those certified pursuant to s. 468.3065, |
| 155 | shall be required to pass an examination. An applicant for |
| 156 | certification as a specialty technologist shall be certified |
| 157 | only in accordance with s. 468.3065. An application for |
| 158 | certification as a specialty technologist by examination may not |
| 159 | be accepted. In lieu of an examination for a radiologist |
| 160 | assistant certificate, the department shall accept a |
| 161 | demonstration by the applicant for such a certificate that he or |
| 162 | she holds a current certificate or registration as a radiologist |
| 163 | assistant granted by the American Registry of Radiologic |
| 164 | Technologists. The department may develop or use examinations |
| 165 | for each type of certificate. The department may require an |
| 166 | applicant who does not pass an examination after five attempts |
| 167 | to complete additional remedial education, as specified by rule |
| 168 | of the department, before admitting the applicant to subsequent |
| 169 | examinations. |
| 170 | (1) The department may contract with organizations that |
| 171 | develop such test examinations. Examinations may be administered |
| 172 | by the department or the contracting organization. |
| 173 | (2) Examinations shall be given for each type of |
| 174 | certificate at least twice a year at such times and places as |
| 175 | the department may determine to be advantageous for applicants. |
| 176 | (3) All examinations shall be written and include |
| 177 | positioning, technique, and radiation protection. The department |
| 178 | shall either pass or fail each applicant on the basis of his or |
| 179 | her final grade. The examination for a basic X-ray machine |
| 180 | operator must shall include basic positioning and basic |
| 181 | techniques directly related to the skills necessary to safely |
| 182 | operate radiographic equipment. |
| 183 | (4) A nonrefundable fee not to exceed $75 plus the actual |
| 184 | per-applicant cost for purchasing the examination from a |
| 185 | national organization shall be charged for any subsequent |
| 186 | examination. |
| 187 | Section 6. Subsection (3) is added to section 468.3065, |
| 188 | Florida Statutes, to read: |
| 189 | 468.3065 Certification by endorsement.- |
| 190 | (3) The department may issue a certificate by endorsement |
| 191 | to practice as a specialty technologist to an applicant who, |
| 192 | upon applying to the department and remitting a nonrefundable |
| 193 | fee not to exceed $100, demonstrates to the department that he |
| 194 | or she holds a current certificate, license, or registration |
| 195 | from a national registry that is recognized by the department to |
| 196 | practice in an advanced, postprimary, or specialty area of |
| 197 | radiologic technology, such as computed tomography or positron |
| 198 | emission tomography, if the requirements for such certificate, |
| 199 | license, or registration are deemed by the department to be |
| 200 | substantially equivalent to those established under this part |
| 201 | and rules adopted under this part. |
| 202 | Section 7. This act shall take effect July 1, 2012. |