Florida Senate - 2012 SB 376
By Senator Flores
38-00396A-12 2012376__
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
27 Be It Enacted by the Legislature of the State of Florida:
28
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
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 application;
91 (b) Is a high school, vocational school, technical school,
92 or college graduate or has successfully completed the
93 requirements for a graduate equivalency diploma (GED) or its
94 equivalent;
95 (c) Is of good moral character;
96 (d) Has passed an examination as specified in s. 468.306 or
97 meets the requirements specified in s. 468.3065; and
98 (e)1. Has successfully completed an educational program,
99 which program may be established in a hospital licensed pursuant
100 to chapter 395 or in an accredited postsecondary academic
101 institution which is subject to approval by the department as
102 maintaining a satisfactory standard; or
103 2.a. With respect to an applicant for a basic X-ray machine
104 operator’s certificate, has completed a course of study approved
105 by the department with appropriate study material provided the
106 applicant by the department;
107 b. With respect to an applicant for a basic X-ray machine
108 operator-podiatric medicine certificate, has completed a course
109 of study approved by the department, provided that such course
110 of study shall be limited to that information necessary to
111 perform radiographic procedures within the scope of practice of
112 a podiatric physician licensed pursuant to chapter 461;
113 c. With respect only to an applicant for a general
114 radiographer’s certificate who is a basic X-ray machine operator
115 certificateholder, has completed an educational program or a 2
116 year training program that takes into account the types of
117 procedures and level of supervision usually and customarily
118 practiced in a hospital, which educational or training program
119 complies with the rules of the department;
120 d. With respect only to an applicant for a nuclear medicine
121 technologist’s certificate who is a general radiographer
122 certificateholder, has completed an educational program or a 2
123 year training program that takes into account the types of
124 procedures and level of supervision usually and customarily
125 practiced in a hospital, which educational or training program
126 complies with the rules of the department; or
127 e. With respect to an applicant for a radiologist
128 assistant’s certificate who demonstrates to the department that
129 he or she holds a current certificate or registration as a
130 radiologist assistant granted by the American Registry of
131 Radiologic Technologists; or.
132 f. With respect to an applicant for a specialty
133 technologist’s certificate, demonstrates to the department that
134 he or she is currently certified or registered by a national
135 registry that is recognized by the department in an advanced,
136 postprimary, or specialty area of radiologic technology, such as
137 computed tomography or positron emission tomography.
138
139 The department may not certify any applicant who has committed
140 an offense that would constitute a violation of any of the
141 provisions of s. 468.3101 or applicable the rules adopted
142 thereunder if the applicant had been certified by the department
143 at the time of the offense. An No application for a limited
144 computed tomography certificate may not shall be accepted. A
145 person All persons holding a valid computed tomography
146 certificate certificates as of October 1, 1984, is are subject
147 to the provisions of s. 468.309.
148 Section 5. Section 468.306, Florida Statutes, is amended to
149 read:
150 468.306 Examinations.—An applicant All applicants for
151 certification as a radiologic technologist, basic X-ray machine
152 operator, or basic X-ray machine operator-podiatric medicine,
153 except an applicant those certified pursuant to s. 468.3065,
154 shall be required to pass an examination. An applicant for
155 certification as a specialty technologist shall be certified
156 only in accordance with s. 468.3065. An application for
157 certification as a specialty technologist by examination may not
158 be accepted. In lieu of an examination for a radiologist
159 assistant certificate, the department shall accept a
160 demonstration by the applicant for such a certificate that he or
161 she holds a current certificate or registration as a radiologist
162 assistant granted by the American Registry of Radiologic
163 Technologists. The department may develop or use examinations
164 for each type of certificate. The department may require an
165 applicant who does not pass an examination after five attempts
166 to complete additional remedial education, as specified by rule
167 of the department, before admitting the applicant to subsequent
168 examinations.
169 (1) The department may contract with organizations that
170 develop such test examinations. Examinations may be administered
171 by the department or the contracting organization.
172 (2) Examinations shall be given for each type of
173 certificate at least twice a year at such times and places as
174 the department may determine to be advantageous for applicants.
175 (3) All examinations shall be written and include
176 positioning, technique, and radiation protection. The department
177 shall either pass or fail each applicant on the basis of his or
178 her final grade. The examination for a basic X-ray machine
179 operator must shall include basic positioning and basic
180 techniques directly related to the skills necessary to safely
181 operate radiographic equipment.
182 (4) A nonrefundable fee not to exceed $75 plus the actual
183 per-applicant cost for purchasing the examination from a
184 national organization shall be charged for any subsequent
185 examination.
186 Section 6. Subsection (3) is added to section 468.3065,
187 Florida Statutes, to read:
188 468.3065 Certification by endorsement.—
189 (3) The department may issue a certificate by endorsement
190 to practice as a specialty technologist to an applicant who,
191 upon applying to the department and remitting a nonrefundable
192 fee not to exceed $100, demonstrates to the department that he
193 or she holds a current certificate, license, or registration
194 from a national registry that is recognized by the department to
195 practice in an advanced, postprimary, or specialty area of
196 radiologic technology, such as computed tomography or positron
197 emission tomography, if the requirements for such certificate,
198 license, or registration are deemed by the department to be
199 substantially equivalent to those established under this part
200 and rules adopted under this part.
201 Section 7. This act shall take effect July 1, 2012.