To implement Chapter 2012-168, L.O.F., to include a new specialty technologist category. To create rule language necessary to ensure conformity to statutory requirements and the current practices and procedures for radiological personnel.

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NOS.:RULE TITLES:

64E-3.003Qualifications for Examination

64E-3.0034Speciality Technologists

PURPOSE AND EFFECT: To implement Chapter 2012-168, L.O.F., to include a new specialty technologist category. To create rule language necessary to ensure conformity to statutory requirements and the current practices and procedures for radiological personnel.

SUMMARY: Provides for a new specialty technologist license type, Positron Emission Tomography. Revises application forms, and specifies application procedures, national organizations, required documents, titles, initials, and duties for this new license type.

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, L.O.F., to create new a specialty technologist licensure. 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. 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.

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: 468.302, 468.303 FS.

LAW IMPLEMENTED: 468.302(2)(h), (3)(i) 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, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 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, 5/1310/12, “Application for Radiologic Technology Certification,” which is incorporated herein by reference and which can be obtained from the internet at ___________http://www.flrules.org/Gateway/reference.asp?No=Ref-02744 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.

(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, 6-11-13,               .

 

64E-3.0034 Specialty Technologists.

(1) No change.

(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) No change.

1. through 2. No change.

(b) National Organization for Positron Emission Tomography.

1. The Nuclear Medicine Technology Certification Board (NMTCB) for the Positron Emission Tomography (PET) area of certification.

2. The Society of Nuclear Medicine and Molecular Imaging (SNMMI) for the PET practice standards.

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

(a) Computed Tomography.

1. through 2. No change.

(b) Mammography.

1. through 2 No change.

(c) Magnetic Resonance Imaging.

1. through 2. No change.

(d) Positron Emission Tomography.

1. For a person who holds current certification from the NMTCB in Positron Emission Tomography, the title is Certified Radiologic Technologist – Positron Emission Tomography (PET) and the initials are CRT-PET.

2. The duties of the CRT-PET are those contained in the January 26, 2013 SNMMI “Positron Emission Tomography Practice Standards,” which is herein incorporated by reference and 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 6-11-13, Amended.

 

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: June 26, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 27, 2012