To implement Chapter 2012-168, L.O.F., to include new specialty technologist categories and amend rule language as necessary to ensure that all rules conform to statutory requirements and the current practices and procedures for radiological ...  

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    DEPARTMENT OF HEALTH
    Division of Environmental Health

    RULE NOS.:RULE TITLES:
    64E-3.001Fees
    64E-3.003Qualifications for Examination
    64E-3.007Bone Densitometry
    64E-3.0034Speciality Technologists
    PURPOSE AND EFFECT: To implement Chapter 2012-168, L.O.F., to include new specialty technologist categories and amend rule language as necessary to ensure that all rules conform to statutory requirements and the current practices and procedures for radiological personnel.
    SUMMARY: Creates three new specialty technologist license types: Computed Tomography, Mammography, and Magnetic Resonance Imaging. Revises application forms, and specifies application procedures, national organizations, required documents, titles, initials, and duties for the new license types. Revises bone densitometry provisions to conform to the new license types. Deletes obsolete fee provisions and corrects statutory references.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
    The Agency has determined that this 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: This rulemaking implements Chapter 2012-168 to create new specialty technologist licensure and also deletes obsolete fee provisions and corrects statutory citation references. The department's analysis of the potential adverse impact and potential regulatory costs of the proposed rule did not exceed the criteria for a SERC established in Section 120.541(2)(a), F.S. As part of this analysis, the department relied upon its own experiences with other rulemaking and licensure of this type; the legislative bill analysis of CS/HB309 which became Chapter 2012-168, L.O.F. and which indicated a maximum of $28,000 revenue collected in each of the first and second years, as well as minimal regulatory costs; the fact that the new license types are issued to individuals not small businesses; the fact that existing technologists currently working in the areas of the new licensure are not required to obtain the new licensure; and the expertise and experience of the members of the state Advisory Council on Radiation Protection, made up of members representing the radiologic technology profession and various other radiation-related professions, which supported the new law and this rulemaking.
    This rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a), F.S.
    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.
    RULEMAKING AUTHORITY: 381.0034, 468.302, 468.303, 468.304, 468.305, 468.306, 468.3065, 468.307(1), 468.309, 468.3095, 468.3101(4), (6) FS.
    LAW IMPLEMENTED: 381.0034, 468.3003, 468.301, 468.302, 468.303, 468.304, 468.305, 468.306, 468.3065, 468.307, 468.309, 468.3095, 468.3101, 468.314 FS.
    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, Bin C21, 4052 Bald Cypress Way, Tallahassee, FL 32399-1741, (850)245-4266, Brenda_Andrews@doh.state.fl.us

    THE FULL TEXT OF THE PROPOSED RULE IS:

    64E-3.001 Fees.

    The following fees are prescribed by the department:

    (1) through (4)  No change.

    (5) The fee for renewal provided in Section 468.309(1), Florida Statutes, is 55 dollars for one certification category and 40 dollars for each additional certification category. The department will prorate the renewal fee for certificates expiring December 31, 1999 and December 31, 2000 to establish certificate expiration dates coincluding with the last day of the birth month of the certificateholder.

    (6) through (8) No change.

    (9) The fee for listings and mailing labels of radiologic technologists, is $0.05 for each name and $55.00 for each setup.

    (10) For a study guide as provided in Section 468.304(4), Florida Statutes, 25 dollars.

    Rulemaking Specific Authority 468.303, 468.3065, 468.309 FS. Law Implemented 119.07(4)(1)(b), 455.587(6), 468.304, 468.306, 468.3065, 468.309, 468.3095 FS. History–New 10-1-84, Formerly 10D-74.40, Amended 3-21-88, 9-17-92, 11-6-94, Formerly 10D-74.040, Amended 10-28-99,                    .

    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, 10/09, “Application for Basic X-ray Machine Operator or Basic X-ray Machine Operator – Podiatric Medicine,” incorporated herein by reference and which can be obtained from the internet at _________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, 10/12 10/09, “Application for Radiologic Technology Certification General Radiographer, Nuclear Medicine Technologist, Radiation Therapy Technologist, or Radiologist Assistant,” which is incorporated herein by reference and which can be obtained from the internet at ___________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 (3) No change.

    (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 or                            .

    (5) No change.

    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,                     .

     

    64E-3.0034 Speciality Technologists.

    (1) An applicant for specialty technologist certification shall submit an application to the department as specified in Rule 64E-3.003, F.A.C., and pay the required fee for endorsement.

    (2) The following are approved as national organizations for certain advanced, post-primary or specialty areas of radiologic technologist certification, and for the technologists’ duties (also known as practice standards).  In all cases, proof of current certification by a national organization shall be an unexpired wallet card bearing the organization’s name, the applicant’s name and the applicant’s area of certification:

    (a) National Organizations for Computed Tomography, Mammography, and Magnetic Resonance Imaging.

    1. The American Registry of Radiologic Technologists (ARRT) for the Computed Tomography (CT), Mammography (M), and Magnetic Resonance Imaging (MR) areas of certification.

    2. The American Society of Radiologic Technologists (ASRT) for the respective CT, M, and MR practice standards.

    (3) The title, initials and duties for specialty technologists certified by the department are as follows.

    (a) Computed Tomography.

    1. For a person who is currently registered by the ARRT in Computed Tomography, the title is Certified Radiologic Technologist – Computed Tomography (CT) and the initials are CRT-CT.

    2. The duties of the CRT-CT are those contained in the June 19, 2011 ASRT “Computed Tomography Practice Standards,” which is incorporated herein by reference and which can be obtained from the internet at__________or http://www.doh.state.fl.us/mqa/rad-tech.

    (b) Mammography.

    1. For a person who holds current registration from the ARRT in Mammography, the title is Certified Radiologic Technologist – Mammography (M) and the initials are CRT-M.

    2. The duties of the CRT-M are those contained in the June 19, 2011, ASRT “Mammography Practice Standards,” which is incorporated herein by reference and which can be obtained from the internet at _________ or http://www.doh.state.fl.us/mqa/rad-tech.

    (c) Magnetic Resonance Imaging.

    1. For a person who holds current registration from the ARRT in Magnetic Resonance Imaging, the title is Certified Radiologic Technologist – Magnetic Resonance Imaging (MR) and the initials are CRT-MR.

    2. The duties of the CRT-MR are those contained in the June 19, 2011, ASRT “Magnetic Resonance Imaging Practice Standards,” which is incorporated herein by reference and which can be obtained from the internet at _________or http://www.doh.state.fl.us/mqa/rad-tech.

    Rulemaking Authority 468.302, 468.303 FS. Law Implemented 468.302(2)(h), (3)(i) FS. History–New                .

     

    64E-3.007 Bone Densitometry.

    All active certificateholders except basic x-ray machine operators-podiatry, nuclear medicine technologists, magnetic resonance imaging 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.

    Rulemaking Specific Authority 468.303 FS. Law Implemented 468.302(3)(d), (g) FS. History–New 9-17-92, Formerly 10D-74.0471, Amended 3-4-08,                            .


    NAME OF PERSON ORIGINATING PROPOSED RULE: Cynthia Becker, Bureau Chief, Bureau of Radiation Control
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General & Secretary
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 7, 2013
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 27, 2012

     

Document Information

Comments Open:
2/21/2013
Summary:
Creates three new specialty technologist license types: Computed Tomography, Mammography, and Magnetic Resonance Imaging. Revises application forms, and specifies application procedures, national organizations, required documents, titles, initials, and duties for the new license types. Revises bone densitometry provisions to conform to the new license types. Deletes obsolete fee provisions and corrects statutory references.
Purpose:
To implement Chapter 2012-168, L.O.F., to include new specialty technologist categories and amend rule language as necessary to ensure that all rules conform to statutory requirements and the current practices and procedures for radiological personnel.
Rulemaking Authority:
381.0034, 468.302, 468.303, 468.304, 468.305, 468.306, 468.3065, 468.307(1), 468.309, 468.3095, 468.3101(4), (6), FS.
Law:
381.0034, 468.3003, 468.301, 468.302, 468.303, 468.304, 468.305, 468.306, 468.3065, 468.307, 468.309, 468.3095, 468.3101, 468.314, FS.
Contact:
Brenda Andrews, Bin C21, 4052 Bald Cypress Way, Tallahassee, FL 32399-1741; (850) 245-4266; Brenda_Andrews@doh.state.fl.us.
Related Rules: (4)
64E-3.001. Fees
64E-3.003. Qualifications for Examination
64E-3.0034. Specialty Technologists
64E-3.007. Bone Densitometry