The purpose is to revise requirements affecting the initial certification, renewal, and practice of radiologic technologists and other radiological personnel subject to Chapter 468, Part IV, F.S. The effect is to better protect the public from harm ...

Notice of Proposed Rule

 

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO: RULE TITLE
64E-3.002: Definitions
64E-3.003: Qualifications for Examination
64E-3.0033: Positron Emission Tomography-Computed Tomography (PET-CT) by Nuclear Medicine Technologists
64E-3.006: Certification by Endorsement
64E-3.007: Bone Densitometry
64E-3.008: Continuing Education Requirements
64E-3.009: Standards for Continuing Education Courses
PURPOSE AND EFFECT: The purpose is to revise requirements affecting the initial certification, renewal, and practice of radiologic technologists and other radiological personnel subject to Chapter 468, Part IV, F.S. The effect is to better protect the public from harm caused by excessive or improper exposure to ionizing radiation.
SUMMARY: The proposed rule deletes obsolete language and also modifies requirements for: definitions; forms; examination; reporting of graduation, criminal history and professional discipline; endorsement; bone densitometry, and; continuing education courses and providers. A new Rule 64E-3.0033, F.A.C., is also established to specify training requirements for nuclear medicine technologists who wish to perform positron emission tomography-computed tomography (PET-CT), a new type of imaging modality.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 381.0034(4), 468.302(3), 468.303, 468.304(2), (3), 468.305, 468.306, 468.3065, 468.307(1), 468.309, 468.3095 FS.
LAW IMPLEMENTED: 468.3003, 468.301, 468.302, 468.303, 468.304, 468.305, 468.306, 468.3065, 468.307, 468.309, 468.3095 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: James Futch, Bin C21, 4052 Bald Cypress Way, Tallahassee, FL 32399-1741; [phone] If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: James Futch, Bin C21, 4052 Bald Cypress Way, Tallahassee, FL 32399-1741; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

64E-3.002 Definitions.

(1) “Approved educational or training program” means a program which is recognized and accepted by the American Registry of Radiologic Technologists or the Nuclear Medicine Technology Certification Board approved by an accrediting agency recognized and currently approved by the United States Department of Education or its successors to provide radiologic technology education programs”.

(2) No change.

(3) “General diagnostic radiographic and general fluoroscopic procedures” means those procedures other than angiography, arteriography, tomography, computed tomography, mobile imaging radiography, portable imaging, digital vascular imaging, bronchography, fistulography, sialography, mammography, arthrography, lymphangiography, splenography, cholangiography, procedures which involve the use of contrast, special procedures for the reproductive system, and those procedures performed in an operating room.

(4) through (14) No change.

Specific Authority 381.0034, 468.303 FS. Law Implemented 381.0034, 468.302(3)(a), (b), 468.303, 468.304 FS. History–New 4-10-85, Formerly 10D-74.42, Amended 3-21-88, 9-17-92, 5-7-96, Formerly 10D- 74.042, Amended 7-16-02,________.

 

64E-3.003 Qualifications for Examination.

(1) An applicant seeking approval to take the certification examination shall submit an application to the dDepartment on Form DH 1005, 10/07 Mar 89, “Radiologic Technology Application Form,” furnished by the department and incorporated herein by reference. All applicants whose applications are received by the Department at least 75 days prior to an examination will be admitted to the next examination. Applicants whose applications are received by the Department less than 75 days prior to an examination are not assured of admittance to the next examination and may be scheduled for a later examination. The applicant must meet the qualifications prescribed by Section 468.304, Florida Statutes.

(a) An applicant for the General Radiographer, Nuclear Medicine Technologist, Radiation Therapy Technologist or Radiologist Assistant examination must have graduated from an approved educational or training program, as defined in subsection 64E-3.002(1), F.A.C., in the requested category of certification.

(a) If the applicant graduated from an approved educational or training program in Florida, Vverification of graduation, such as an legible copy of an official transcript showing all courses successfully completed, or a copy of a diploma, must be provided with the application. A letter from the program director attesting to the applicant’s successful completion of all program requirements will also be accepted. All graduation verification documents must include the applicant’s full name, type of program, and date of graduation. If the verification documents are illegible or have been altered, the applicant must submit an original certified transcript from the applicant’s program.

(b) If an applicant cannot meet the requirement for graduation from an approved educational or training program solely because their radiologic technology education was received in a country other than the United States (U.S.), beyond the reach of U.S. accreditation mechanisms, the applicant may instead submit evidence that the radiologic technology education they received in the other country was substantially equivalent to the approved educational or training program required by the department. The department will determine, based on this evidence, whether the applicant’s education is substantially equivalent. Such evidence must include:

1. A license or registration in the applicant’s name to practice radiologic technology in the other country;

2. An official transcript of the applicant’s radiologic technology education in the other country, showing all courses successfully completed, the grade received, the applicant’s full name, the graduation date, and the degree awarded; and

3. A comprehensive, course-by-course evaluation of the U.S. equivalency of the applicant’s radiologic technology education by an international credential evaluation service which is a member of the National Association of Credentials Evaluations Services, at WWW.NACES.ORG.

(b) If the applicant graduated from any other program, an official certified transcript from the applicant’s program or equivalent documentation, which specifically sets forth all courses successfully completed, the date of the applicant’s graduation, and degree, certificate, or diploma awarded, must be provided with the application.

(c) If an applicant seeking to qualify to take the examination on the basis of education received in a country other than the United States can demonstrate a reason why an official transcript cannot be obtained, the Department may accept, in lieu of this requirement, evidence that the required course content in radiologic technology programs in the applicant's original country of licensure or certification was substantially equivalent to that required in Florida. Such evidence may include:

1. A license or registration to practice radiologic technology in a country other than the United States; or

2. Other official documents from the country of origin indicating that the applicant was licensed or eligible for licensure to practice radiologic technology in that country.

(c)3. Documents in a foreign language other than English must be accompanied by a certified translation in the English language.

(d) An applicant for the basic x-ray machine operator examination is not required to provide verification of graduation from an approved educational or training program. The course of study for such an applicant is review of the text and workbook entitled, “Radiography Essentials for Limited Practice,” 2nd edition, published by Elsevier Saunders, or any substantially equivalent course which provides instruction on all of the subjects listed in the American Registry of Radiologic Technologists’ “Content Specifications for the Examination for the Limited Scope of Practice in Radiography”, incorporated herein by reference.

(2) An applicant who has committed a criminal offense, as described in Section 468.304(4), F.S., shall also submit:

(a) A completed Form DH 4127, 10/07, “Background History Report Form” incorporated herein by reference, for each offense, and

(b) For all offenses committed in Florida, a state criminal history record check obtained by the applicant from the Florida Department of Law Enforcement, at P. O. Box 1489, Tallahassee, FL 32302, or WWW.FDLE.STATE.FL.US, and

(c) For all offenses committed in a jurisdiction outside Florida, a criminal history record check obtained by the applicant from the agency in the jurisdiction having responsibility for criminal history records checks. If an applicant has been convicted of any offense other than minor traffic violations, the applicant shall furnish information regarding the nature of the offense and final disposition of the case so that a determination can be made by the Department whether the offense related to the practice of radiologic technology or the ability to practice radiologic technology.

(3) An applicant who has been subject to final disciplinary action, as described in subsection 468.304(5), F.S., must submit Form DH 4128, 10/07, “License Verification Form” incorporated herein by reference, to each agency which administered discipline, and supply the department with a written explanation of each violation.

(4) All documents incorporated herein may be obtained from the department at 4052 Bald Cypress Way, Bin #C85, Tallahassee, FL 32399-3252, or WWW.DOH.STATE.FL. US/MQA/RAD-TECH.

Specific Authority 468.303 FS. Law Implemented 468.304, 468.306(5) FS. History–New 4-10-85, Formerly 10D-74.43, Amended 3-21-88, 9-17-92, Formerly 10D-74.043, Amended _________.

 

64E-3.0033 Positron Emission Tomography – Computed Tomography (PET-CT) by Nuclear Medicine Technologists.

(1) “Device-specific training,” as specified in Section 468.302(3)(g)1.b., F.S., means a training course supplied or taught by a PET-CT device manufacturer, or a course approved by the department as continuing education for radiologic technologists. Such a course shall be at least 16 hours in duration and cover the following subjects concerning PET and CT: PET-CT theory and physics; radiation safety; equipment operation; image formation, reconstruction and evaluation; and quality control and assurance.

(2) A Nuclear Medicine Technologist who has completed device-specific training shall maintain proof of such training at their place of practice and provide it to the department upon request. Such proof shall, at a minimum, consist of a course completion certificate bearing the date of course completion, the title of the course, the technologist’s full name, the name of the company providing the training, and the instructor’s full name.

(3) A Nuclear Medicine Technologist who is certified in Computed Tomography by the American Registry of Radiologic Technologists is hereby deemed to have met the requirement for device-specific training. Proof of such completion shall be a current American Registry of Radiologic Technologist’s wallet card bearing the technologist’s name and the credential of the Computed Tomography certification.

Specific Authority 468.303 FS. Law Implemented 468.302(3)(g) FS. History–New________.

 

64E-3.006 Certification by Endorsement.

(1) An applicant seeking certification by endorsement shall submit an application to the department on Form DH 1005, 10/07, “Radiologic Technology Application Form,” and pay the required fee. A radiologic technologist who desires to be certified to practice radiologic technology in Florida by endorsement must apply to the Department on Form 1005, provided by the Department and pay the required fee.

(2) through (3) No change.

Specific Authority 468.303 FS. Law Implemented: 468.303, 468.304, 468.305, 468.308(2), 468.3101(1) FS. History–New 4-10-85, Formerly 10D-74.47, Amended 3-21-88, 5-7-96, 12-12-96, Formerly 10D-74.047, Amended________.

 

64E-3.007 Bone Densitometry.

All active certificateholders except basic x-ray machine operators-podiatry, nuclear medicine technologists and radiation therapy technologists may perform bone densitometry procedures with dedicated bone densitometers which use machine-produced radiation after completing a device-specific training program. All active radiation therapy technologists and nuclear medicine technologists may perform bone densitometry procedures with dedicated bone densitometers which use radioactive material after completing a device-specific training program.

Specific Authority 468.303 FS. Law Implemented 468.302(3)(d), (g) FS. History–New 9-17-92, Formerly 10D-74.0471, Amended_________.

 

64E-3.008 Continuing Education Requirements.

(1) Twelve contact hours of continuing education shall be required for renewal during each biennium for persons holding one or more certificates issued pursuant to Part IV Chapter 468, F.S. Credit will not be approved for repeating a course during a biennium. Repeating a course includes taking the same subject matter approved under a different course approval number, or taking the same subject matter in a different format such as live lecture or self study. Self study formats include: online, DVD, CD, videotape, audiotape, or written text. The department will establish certification expiration dates corresponding to the last day of the birth month of the certificateholder and will prorate the number of continuing education hours required for those certificateholders who pay the prorated renewal fee specified in subsection 64E-3.001(5), Florida Administrative Code.

(2) Failure to comply with the continuing education requirement shall prohibit certification renewal and result in the certificate being placed on expired inactive status. A certificate may be reactivated in accordance with the provisions of Rule 64E-3.010, F.A.C. Florida Administrative Code, only upon completion of the continuing education requirement. Hours earned to complete the continuing education requirement to reactivate an expired or inactive certificate may not be used toward completion of the continuing education requirement for the next biennium.

(3) A certificateholder may be awarded twelve contact hours of continuing education for successfully passing a post-primary examination of the American Registry of Radiologic Technologists, or of the Nuclear Medicine Technologist Certification Board, during the certificateholder’s current renewal cycle. To receive credit, the certificateholder must submit to the department proof of passing the post-primary examination, such as a letter from the registry or board which bears the certificateholder’s name, the date the examination was taken, and the score. Credit will not be awarded for passing an examination during a previous renewal cycle. Courses presented by other than approved providers outside the State of Florida can be submitted to the department for approval. Contact hours shall be awarded if the information submitted by the certificateholder documents that the courses attended are equivalent in quality to courses presented by approved providers.

(4) All certificateholders can be awarded contact hours for successfully completing, during the biennium, attendance at a continuing education courses that is are approved by an organization which is recognized by the American Registry of Radiologic Technologists as a Recognized Continuing Education Evaluation Mechanism (RCEEM). The amount of hours awarded the certificateholder shall be equal to the number of hours approved by the RCEEM for that course a state or national radiologic technology organization.

(5) No change.

Specific Authority 468.303, 468.309(1), (2), (3), 468.3095(2) FS. Law Implemented 468.309(1),(2),(3),(4), 468.3095 FS. History–New 4-10-85, Formerly 10D-74.51, Amended 3-21-88, 9-17-92, 5-7-96, Formerly 10D-91.051, Amended 10-28-99,__________.

 

64E-3.009 Standards for Continuing Education Courses.

(1) No change.

(2) The content of each continuing education course shall be planned in logical order and reflect input from qualified persons in the subject matter. Appropriate subject matter for continuing education courses shall reflect the professional educational needs for the learner to meet the health care needs of the consumer and consist of content from one or more of the following:

(a) through (b) No change.

(c) Management or administration of radiologic health care personnel, such as radiation protection and safety and dosimetry; or and

(d) Personal development subject matter, which must include application of content as it relates to improved patient care. A maximum of 3 continuing education hours in this area can be used for renewal requirements during each renewal cycle. The program may cover any topic which enhances technologist skills and improves patient care. However, awards presentations, introductions of new staff members, tributes to departing staff, employee satisfaction surveys, discussions of facility fiscal status or human resource policies, or similar topics will not be approved for personal development. If a course is longer than 3 hours, Aattendance at the entire course is required for credit.

(3) through (6) No change.

(7) All courses shall be at least 50 minutes in length. A 50 minute course approved by the department will be awarded for one contact hour of continuing education credit. An additional one-half contact hour of continuing education credit will be awarded for each additional 25 minutes of course length. Increments of 25 minutes in length for 1/2 contact hour will be accepted when the course extends beyond one contact hour. Time utilized to complete the course post-test shall not be considered part of the learning activity and shall not be awarded credit.

(8) No change.

(9)  A provider seeking approval of a course shall:

(a)  Make application on Form DH 374, 10/07 Jan 92, “CE Provider Information Sheet” provided by the department and incorporated herein by reference, at least 30 days prior to the date the course begins and provide a detailed course outline and a description of course objectives. The provider will identify the format of the course as either live lecture or some type of self-study.  If the course is self-study, the provider will also submit a copy of the self-study course material and post-test for review.

(b) through (c) No change.

(d)  Provide a resume or curriculum vitae for each course instructor which demonstrates evidence that the instructor faculty for the course is qualified through education and experience in the subjects to be presented.

(e) through (i) No change.

(j)  Send to the department a roster of participants no later than 30 15 days following each course on Form DH 406, 07/06 Mar 95, provided by the department and incorporated herein by reference.  Providers shall maintain security of attendance records.

(k)  Furnish each participant with a written certificate of course completion written verification of attendance, including, to include:

1.  Date of course completion;

2.  Signature and name of provider;

3.  Approved Florida pProvider number;

4.  Course title;

5.  Number of continuing education hours awarded; and

6.  Name of participant; and.

7.  Approved Florida course number.

(10)  Approval of a course can be granted for up to 36 months.

(11)  All self study courses must include a post-test to assess the participant’s understanding of the course material and attainment of course objectives. The course provider must grade the post-test and a participant must receive a score of at least 75 percent on the post-test to successfully complete a course. A minimum of 20 post-test questions is required for a course awarded one contact hour of continuing education credit.  An additional five post-test questions are required for each additional half contact hour of continuing education credit.

Specific Authority 468.303, 468.309(1) FS. Law Implemented 468.303, 468.309(1) FS. History–New  4-10-85, Formerly 10D-74.52, Amended 9-17-92, 5-7-96, 12-12-96, Formerly 10D-74.052, Amended_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: James Futch
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: William A. Passetti, Chief, Bureau of Radiation Control
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 06, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 3, 2007