To repeal the requirement to complete an educational course acceptable to the Department on human immunodeficiency virus and acquired immune deficiency syndrome (HIV/AIDS) as a condition of radiographic technology licensure, and update the ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-3.003Qualifications for Examination

PURPOSE AND EFFECT: To repeal the requirement to complete an educational course acceptable to the Department on human immunodeficiency virus and acquired immune deficiency syndrome (HIV/AIDS) as a condition of radiographic technology licensure, and update the applications accordingly.

SUMMARY: Repeal HIV/AIDS course completion as a prerequisite for radiologic technology licensure as it is no longer required by statute effective July 1, 2016.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that Rule 64E-3.003, Florida Administrative Code., will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s. 120.541(2)(a), Florida Statutes (F.S.)  Therefore, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

RULEMAKING AUTHORITY: 381.0034, 468.303 F.S.

LAW IMPLEMENTED: 381.0034, 468.304 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brenda Andrews, 4052 Bald Cypress Way, Bin C21, Tallahassee, FL 32399-1741, [phone], [e-mail]

 

FULL TEXT OF THE PROPOSED RULE:

 

64E-3.003 Qualifications for Examination.

(1) An applicant for certification as a Basic X-ray Machine Operator or Basic X-ray Machine Operator – Podiatric Medicine shall submit an application to the department on Form DH 1006 (7/16) (10/09), “Application for Basic X-ray Machine Operator or Basic X-ray Machine Operator – Podiatric Medicine,” incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-______02748 or http://www.doh.state.fl.us/mqa/rad-tech. Applicants for all other types of certification under this Chapter shall submit an application to the department on Form DH 1005 (7/16) (10/15), “Application for Radiologic Technology Certification,” which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-______06431 or http://www.doh.state.fl.us/mqa/rad-tech. All applicants must meet the qualifications prescribed by Section 468.304, F.S.

(a) through (d) No change.

(2) through (4) No change.

(5) The HIV/AIDS course required of all applicants by Section 381.0034(3), F.S., shall be at least 4 hours duration and contain instruction on:

(a) The modes of transmission, infection control procedures, clinical management, and prevention of HIV/AIDS; and,

(b) Current Florida law on HIV/AIDS and its impact on testing, confidentiality of test results, and treatment of patients.

Rulemaking Authority 381.0034, 468.303 FS. Law Implemented 381.0034, 468.304 FS. History–New 4-10-85, Formerly 10D-74.43, Amended 3-21-88, 9-17-92, Formerly 10D-74.043, Amended 3-4-08, 2-18-10, 6-11-13, 4-20-14, 4-27-16,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cynthia Becker, Bureau Chief, Bureau of Radiation Control.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 23, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 29, 2016