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RULES CHAPTER 64B23-1 GENERAL PROVISIONS
64B23-1.001 Notice to the Department of Mailing Address and Place of Practice of Licensee. Each licensee shall provide written notification to the Department of the licensee’s current mailing and practice address(es) and name within 10 days of any change. The term “place of practice” means the primary physical location where the licensee practices the profession of medical physics. Specific Authority 456.035 FS. Law Implemented 456.035, 483.901(6)(f)2. FS. History–New 5-3-99 CHAPTER 64B23-2 QUALIFICATIONS FOR LICENSURE
64B23-2.001 Documentation for Licensure. Each applicant for licensure shall make application on Form DH 1274, Application for Licensure as a Medical Physicist, hereby incorporated by reference, which is effective 6-10-99 and shall be provided by the Department. The following items must be submitted with each application: (1) One passport style photograph of applicant taken within the last six months; (2) Official documentation of board certification; (3) Licensure verification sent directly from the agency that issued the license; and (4) Proof of completion of a two (2) hour course relating to the prevention of medical errors pursuant to the requirements of Section 456.013, F.S. Specific Authority 456.004, 456.013, 483.901(6)(b) FS. Law Implemented 456.013, 483.901(6)(b) FS. History–New 6-10-99, Amended 8-21-02. CHAPTER 64B23-3 FEES
64B23-3.001 Application and Licensure Fees. (1) The non-refundable application fee for licensure shall be $500. (2) The initial license fee shall be $100. Specific Authority 456.025(1) FS. Law Implemented 456.025(1), 483.901(7) FS. History–New 6-10-99. 64B23-3.002 Biennial Renewal Fee. All licenses, active or inactive, shall be renewed biennially for a fee of $150. Specific Authority 456.025(1), 483.901(6)(a) FS. Law Implemented 456.025(1), 483.901(7) FS. History–New 6-10-99. 64B23-3.003 Change of Status Fee. The fee to change licensure status at any time other than renewal period shall be $100. Specific Authority 456.025(1), 456.036(4) FS. Law Implemented 456.025(1), 456.036(4) FS. History–New 6-10-99. 64B23-3.004 Delinquency Fee. A delinquent status licensee shall pay a delinquency fee of $150 when such licensee applies for active or inactive status, in addition to other applicable fees. Specific Authority 456.025(1), 456.036(7) FS. Law Implemented 456.025(1), 456.036(7) FS. History–New 6-10-99. 64B23-3.005 Duplicate License Fee. The fee for a duplicate license shall be $25.00. Specific Authority 456.025(7) FS. Law Implemented 456.025(7) FS. History–New 6-10-99. 64B23-3.006 Continuing Education Provider Application Fee. In addition to meeting the requirements set forth for approval of continuing education programs, providers shall remit $250 to be submitted with the information required in Rule 64B23-4.002, F.A.C., for program approval. Specific Authority 456.025(4) FS. Law Implemented 456.025(4) FS. History–New 6-10-99. 64B23-3.007 Physicist-in-Training Fees. (1) The non-refundable application fee for certification as a physicist-in-training shall be $100. (2) The initial certification fee shall be $100. (3) The yearly renewal fee shall be $50. (4) The fee for conversion of the physicist-in-training certificate to the medical physicist license after board certification shall be $500. Specific Authority 483.901(6)(k) FS. Law Implemented 483.901(6)(k) FS. History–New 6-10-99.
CHAPTER 64B23-4 CONTINUING EDUCATION
64B23-4.001 Continuing Education Requirements. (1) For the purpose of renewing or reactivating a license, the licensee must demonstrate to the Department that he or she participated in at least twenty-four (24) hours of approved continuing education, of which two (2) hours must be in a course relating to the prevention of medical errors pursuant to the requirements of Section 456.013, Florida Statutes. (2) The licensee must retain certificates of attendance to document completion of the appropriate continuing education for each biennium for a period of not less than four (4) years from the date of the offering. The Department will audit at random a number of licensees as is necessary to assure that the continuing education requirements are met. Failure to document compliance with the continuing education requirements or the furnishing of false or misleading information regarding compliance shall be grounds for disciplinary action pursuant to Section 483.901(6)(g), Florida Statutes. (3) Individual physicists licensed by the State of Florida can claim a one-time credit per program for an approved program of which they are the presenter. Specific Authority 456.013, 483.901(6)(a) FS. Law Implemented 456.013, 483.901(6)(a) FS. History–New 6-21-99, Amended 8-21-02. 64B23-4.002 Approval of Continuing Education Requirements. (1) Continuing education programs sponsored or approved by the American Association of Physicists in Medicine (AAPM), the American College of Radiology (ACR), the American College of Medical Physics (ACMP), the Canadian Organization of Medical Physicists (COMP), the Health Physics Society (HPS), the Society of Nuclear Medicine (SNM), the American Medical Association (AMA), the Radiological Society of North America (RSNA), the American Society for Therapeutic Radiology and Oncology (ASTRO), the Commission on Accreditation of Medical Physics Education Programs (CAMPEP) and any not-for-profit university, college, or medical center, or any of their component or professional affiliate organizations are hereby approved if the program serves to enhance learning and skills consistent with contemporary standards for the profession. Neither these providers nor the programs they provide need be submitted to the Department for approval and are exempt from the fees specified in Rule 64B23-3.006 and paragraph 64B23-4.002(2)(b), F.A.C. (2) All other providers seeking approval shall: (a) Make application on Form DH 1273, Continuing Education Program Application, hereby incorporated by reference, which shall be effective as of 6-21-99 and provided by the Department and submit the following: 1. A statement of the educational goals and objectives of the program, including the criteria for successful completion of the program as explained to attendees; 2. A detailed course outline or syllabus, including such items as method of instruction, and testing materials, if any; 3. A current curriculum vitae of each speaker or lecturer appearing in the program; 4. The procedure to be used for recording attendance, (b) Pay the $250 non-refundable application fee, and (c) Submit a minimum of one (1) offering which shall be relevant to the practice of medical physics as defined in Section 483.901(3)(j), Florida Statutes, which must be offered for the purpose of keeping licensees apprised of advancements and new developments in the practice of medical physics, and is designed to enhance learning and skills consistent with contemporary standards for the profession. Specific Authority 456.025(4), 483.901(6)(a) FS. Law Implemented 456.025(4), 483.901(6)(a) FS. History–New 6-21-99.
CHAPTER 64B23-5 RENEWAL OF LICENSE, DELINQUENT LICENSE, REACTIVATION OF INACTIVE STATUS 64B23-5.002 Procedure for Reactivation of Inactive Status to Active Status. (1) One whose license is on inactive status may apply to reactivate that license by making application for reactivation on Form #DH 1276, Reactivation Application, hereby incorporated by reference, effective 6-10-99, and provided by the Department. If the application arrives at the Department during the timeframe specified by the Department for the biennial renewal of active licenses, then the licensee must pay only the biennial renewal of active license, as set forth in Rule 64B23-3.002, F.A.C. If, however, the application arrives at the Department at any other time, then the licensee must pay the fee set out in Rule 64B23-3.003, F.A.C. (2) In any event, the Department shall not reactivate a license unless and until the licensee has paid all of the licensee’s outstanding fees, including any unpaid disciplinary fines and delinquency fees. (3) In addition, no inactive license shall be reactivated unless and until the licensee demonstrates the completion of at least twenty-four (24) hours of approved continuing education as specified in Rule 64B23-4.001, F.A.C., for each biennium or part thereof of inactive status, and reports either the details of any disciplinary action that has been taken since the licensee’s most recent renewal of active license or that no disciplinary action has been taken since the licensee’s most recent renewal of active licensure. Specific Authority 456.036(10) FS. Law Implemented 456.036(10) FS. History–New 6-10-99. 64B23-5.003 Delinquent License. (1) The failure of any license holder to elect active or inactive status before the license expires shall cause the license tobecome delinquent. (2) The delinquent status licensee must affirmatively apply for active or inactive status during the licensure cycle in which the license becomes delinquent. The failure by the delinquent status licensee to cause the license to become active or inactive before the expiration of the licensure cycle in which the license became delinquent shall render the license null and void without furtheraction by the department. (3) The delinquent status licensee who applies for active or inactive license status shall: (a) File with the department the complete application for either active or inactive status as defined in subsection64B23-5.001(2), F.A.C.; (b) Pay to the department the renewal fee, as set forth in Rule 64B23-3.002, F.A.C., and the delinquency fee, as set forth inRule 64B23-3.004, F.A.C.; and (c) If active status is elected, demonstrate compliance with the continuing education requirements found in Rule 64B23-4.001, F.A.C. Specific Authority 456.036(6) FS. Law Implemented 456.036(6) FS. History–New 6-10-99. CHAPTER 64B23-6 DISCIPLINE
64B23-6.001 Penalties. (1) Unless mitigating or aggravating factors are demonstrated when the Department finds an applicant or licensee whom it regulates under Chapter 483, Part IV, F.S., has committed any of the acts set forth in Section 483.901(6), F.S., it shall issue a final order imposing appropriate penalties based upon the severity and repetition of the offense within the ranges recommended in the following disciplinary guidelines: (a) Practicing or attempting to practice medical physics with a license fraudulently obtained. In the case of an applicant, the Department shall deny the application. In the case of a licensee who has obtained or attempted to obtain a license by fraud, the Department shall impose a reprimand to revocation and a fine of $250 to $1,000, depending on the severity of the fraud. In the case of a licensee who has practiced or attempted to practice, the Department shall impose a reprimand with or without a period ofsuspension and fine of $500 to $1,000. (b) Using or attempting to use a license to practice medical physics that has been suspended. The Department shall impose a penalty of revocation. (c) Selling or fraudulently obtaining or furnishing any diploma, license, or record of registration or aiding or abetting in thesame. The Department in the case of a licensee shall impose a penalty ranging from suspension to revocation and a fine of $500 to $1,000. In the case of an applicant, the Department shall deny the application. (d) Making any willfully false oath or affirmation whenever an oath of affirmation is required by Chapter 483, Part IV, F.S. The Department in the case of a licensee shall impose a penalty ranging from probation to suspension and a fine of $500 to $1,000. In the case of an applicant, the Department shall deny the application. (e) Using any name, title, or phrase which would lead the public to believe that such person is engaging in the practice of medical physics, unless such person is licensed as a medical physicist in this State. The Department in the case of a licensee shall impose a penalty ranging from a reprimand to probation, and a fine from $500 to $1,000. In the case of an applicant, the Department shall deny the application. (f) Knowingly concealing information relative to a violation of Chapter 483, Part IV, F.S. The Department in the case of a licensee shall impose a penalty ranging from a reprimand to probation, and an administrative fine from $250 to $1,000. In the case of an applicant, the Department shall deny the application. (2) Unless mitigating or aggravating factors are demonstrated when the Department finds an applicant or licensee whom it regulates under Chapter 483, Part IV, F.S., has committed any of the acts set forth in Section 483.901(6), F.S., it shall issue a final order imposing appropriate penalties based on the severity and repetition of the offense within the ranges recommended in the following disciplinary guidelines: (a) Attempting to obtain, obtaining or renewing a license to practice medical physics by bribery, by fraudulent misrepresentation, or through an error of the Department. In the case of an applicant, the Department shall deny the application. In the case of a licensee, the Department shall revoke the license. (b) Having a license to practice medical physics revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. In the case of a licensee, the Department shall impose a penalty ranging from reprimand to probation and a fine from $500 to $1,000. In the case of an applicant, the Department shall deny the application. (c) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which is directly related to the practice of medical physics or the ability to practice medical physics. In the case of a licensee, the Department shall impose a penalty ranging from probation to revocation and a fine from $500 to $1,000, depending upon the nature of the offense and the substantiating evidence. In the case of an applicant, the Department shall deny the application. (d) Advertising in a manner which is false, deceptive or misleading. The Department shall impose a penalty ranging from reprimand to probation and a fine from $250 to $1,000. (e) Advertising, practicing or attempting to practice under a name other than one’s own. The Department shall impose apenalty ranging from reprimand to probation and a fine from $250 to $1,000. (f) Failing to report to the Department any person the licensee knows to be in violation of Chapter 456 or 483, Part IV, F.S., or the rules of the Department. The Department shall impose a penalty of a reprimand and a fine of $250. (g) Aiding, assisting, procuring, permitting or advising any unlicensed person to practice medical physics contrary to Chapter 483, Part IV, F.S., or the rules of the Department. The Department shall impose a penalty of probation to suspension and a fine from $500 to $1,000. In the case of an applicant, the Department shall deny the application. (h) Failing to perform any statutory or legal obligation placed upon a licensed medical physicist. The Department shall impose a penalty ranging from reprimand to probation and a fine from $250 to $1,000. (i)Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed medical physicist. The Department shall impose a penalty ranging from reprimand to probation and a fine from $250 to $1,000. (j) Paying or receiving any commission, bonus, kickback, rebate or engaging in any split-fee arrangement in any form whatsoever with a physician, organization, Department or person, either directly or indirectly, for patients referred to providers of health care goods and services, including, but not limited to hospitals, nursing homes, clinical laboratories, ambulatory surgical centers or pharmacies. The Department shall impose a penalty ranging from reprimand to probation and a fine from $500 to $1,000. (k) Making misleading, deceptive, untrue or fraudulent representations in the practice of medical physics or employing a trick or scheme in the practice of medical physics when such scheme or trick fails to conform to the generally prevailing standards of treatment in the community. The Department shall impose a penalty ranging from probation to suspension and a fine from $500 to $1,000. (l) Soliciting patients either personally or through an agent. The Department shall impose a penalty ranging from reprimand to probation and a fine of $500. (m) Failing to prepare written or electronic records detailing the content of the professional service(s) provided. The Department shall impose a penalty ranging from reprimand to probation and a fine from $250 to $1,000. (n) Exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain of the licensee or of a third party. The Department shall impose a penalty ranging from probation to suspension and a fine from $500 to $1,000. (o) Performing professional services when knowing such services have not been duly authorized by the patient or client or his legal representative. The Department shall impose a penalty ranging from reprimand to probation and a fine from $250 to $500. (p) Practicing medical physics without reasonable skill and safety by reason of illness, or use of alcohol, drugs, narcotic, chemicals or any other type of material or as a result of any mental or physical condition. The Department shall impose a penalty of suspension until such time as the licensee demonstrates rehabilitation followed by probation under such terms and conditions as set by the Department and a fine from $250 to $500. If the individual is an applicant, the Department shall deny the application. (q) Gross or repeated malpractice or the failure to practice medical physics at a level of care, skill, and treatment which is recognized by a reasonably prudent medical physicist as being acceptable under similar conditions and circumstances. The Department shall impose a penalty ranging from probation to revocation and a fine from $250 to $1,000, depending on the severity of the offense. (r) Performing any procedure which, by prevailing standards of medical physics practice in the community, would constitute experimentation on human subjects without first obtaining full, informed, and written consent. The Department shall impose a penalty ranging from probation to suspension and a fine from $500 to $1,000. (s) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he is not competent to perform. The Department shall impose a penalty ranging from an administrative fine of $1,000 and one year of probation, up to a maximum of revocation or denial of the license. (t) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience or licensure to perform them. The Department shall impose a penalty ranging from reprimand to probation and a fine from $250 to $1,000. (u) Conspiring with another licensee or with any other person to commit an act, or committing an act, which would tend to coerce, intimidate or preclude another licensee from lawfully advertising his services. The Department shall impose a penalty of reprimand to probation and a fine from $250 to $500. (v) Fraud, deceit, or misconduct in the practice of medical physics. The Department shall impose a penalty ranging from probation to revocation and a fine from $500 to $1,000. (w) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. The Department shall impose a penalty ranging from probation to revocation and a fine from $250 to $500. (x) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting to performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them. The Department shall impose a penalty of probation to revocation and a fine from $500 to $1000. (y) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. The Department shall impose a penalty of reprimand to suspension and a fine from $250 to $500. Specific Authority 456.079(1), 483.901(6)(a) FS. Law Implemented 456.072, 456.079, 483.901(6)(a) FS. History–New 7-15-99. - 390 64B23-6.002 Aggravating and Mitigating Circumstances. The Department will give consideration to aggravating and mitigating circumstances in determining the penalty to be imposed in any given case. The following factors will influence the Department’s decision: (1) The danger to the public; (2) The length of time since the violation when no further complaints have been made against the licensee; (3) The length of time licensee has practiced without having any disciplinary action taken; (4) The damage to the patient caused by the violation; (5) Any efforts of rehabilitation by the licensee; (6) The licensee’s actual knowledge of the violation; (7) Attempts by the licensee to correct or stop the violation, or the refusal of the licensee to correct or stop the violation; (8) Related violations by the licensee in Florida or in another jurisdiction, including findings of guilty or innocence, penalties imposed and penalties service; (9) The degree to which the licensee was involved in the violation; (10) The degree to which the licensee benefited from the violation; (11) The cost of the disciplinary action. Specific Authority 456.079(3), 483.901(6)(a) FS. Law Implemented 456.079(3), 483.901(6)(a) FS. History–New 7-15-99. 64B23-6.003 Citations. (1) Pursuant to Section 456.077, F.S., the Department sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the penalty to be imposed. In addition to any administrative fine imposed, the Respondent shall be required by the Department to pay the costs of investigation. The form to be used is specified in rules of the Department of Health. (2) Citations may only be issued for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 456.073, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with other violations, then the procedures of Section 455.621, F.S., shall apply. (3) The following violation may be disposed of by the Department by citation with the specified penalty: (4) The subject has 30 days from the date the citation becomes a final order to pay any fine imposed and costs. All fines and costs are to be made payable to the “Department of Health” and sent to the Department of Health in Tallahassee. A copy of the citation shall accompany the payment of the fine. (5) The Department of Health shall, at the end of each calendar quarter, submit a report to the Council of the citations issued, which report shall contain the name of the subject, the violation, fine imposed, and the number of subjects offered citations who chose to follow the procedures of Section 456.073, F.S. Specific Authority 456.077(1), 483.901(6)(a) FS. Law Implemented 456.077(1), 483.901(6)(a) FS. History–New 7-15-99, Amended 8-26-02. 64B23-6.004 Notices of Noncompliance. (1) Definitions. (a) “Notice of Noncompliance” is a notification by the Department issued to a licensee as a first response to minor violations of rules or statues, which is not accompanied by a fine or other disciplinary penalty. (b) “Minor violation” refers to a violation of a rule or statute that does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. VIOLATIONS PENALTY (a) CE violations (Section 483.901(6), F.S.) Within six months of the date the citation is issued, Respondent must submit certified documentation of completion of all CE requirements for the period for which the citation was issued; prior to renewing the license for the next biennium Respondent must document compliance with the CE requirements for the relevant period; AND 1. Documentation of some, but not all of the required CE for license renewal. $25 fine for each hour not documented 2. Failure to document any of the required hours 1. $1,000 fine 2. Reprimand 3. Failure to respond to an audit. $250 fine (b) Practice on an inactive status license for a period of up to three months. $500 fine (c) Payment of fees with a bad check $200 fine CHAPTER 64B23-7 PHYSICISTS-IN-TRAINING
64B23-7.001 Application for Physicist-in-Training. Each applicant for physicist-in-training must meet the following requirements: (1) Each applicant for physicist-in-training must fill out Form #DH 1279, Application for Certification as a Medical Physicist-in-Training, hereby incorporated by reference, effective 6-10-99, and provided by the Department and pay the fee specified in Rule 64B23-3.007, F.A.C. (2) Each applicant must specify the area of specialization on the form provided by the Department. The academic qualifications for that specialization as required by the appropriate board must already be met at the time of application. (3) The applicant must present documentation of supervision signed by his or her proposed supervisor. Specific Authority 483.901(6)(k) FS. Law Implemented 483.901(6)(k) FS. History–New 6-10-99. 64B23-7.002 Physicist-in-Training Supervisors. (1) The supervisor must hold a Florida medical physicist license in the appropriate specialty. (2) The supervisor must agree to provide supervision for a period of one year. (3) The supervisor agrees to be a responsible medical physicist for all medical physicist activities under supervision. All reports must be signed by the physicist-in-training and the supervising physicist. (4) A change of supervisor requires documentation from the new supervisor, including an agreement to provide supervision. Specific Authority 483.901(6)(k) FS. Law Implemented 483.901(6)(k) FS. History–New 6-10-99. 64B23-7.003 Renewal. (1) A physicist-in-training may renew his or her certificate every year, for a period not to exceed eight years. (2) Application for renewal must include: (a) Reaffirmation of supervising physicist, (b) Statement by supervising physicist of physicist-in-training’s satisfactory progress towards board certification, and (c) Renewal fee provided in Rule 64B23-3.007, F.A.C. Specific Authority 483.901(6)(k) FS. Law Implemented 483.901(6)(k) FS. History–New 6-10-99. 64B23-7.004 Continuing Education. Continuing education requirements for the physicist-in-training will be twelve hours annually in the specialty in which the license is held. Approval of continuing education programs shall be in accordance with Rule 64B23-4.002, F.A.C. Specific Authority 483.901(6)(k) FS. Law Implemented 483.901(6)(k) FS. History–New 6-10-99. 64B23-7.005 Licensure of Physicist-in-Training as Medical Physicist. Upon receipt of documentation of board certification by the Department of Health, the physicist-in-training will be issued a medical physicist license. The licensee will not be required to pay the fees set out in Rule 64B23-3.001, F.A.C., but will be required to pay the fee set out in subsection 64B23-3.007(4), F.A.C. Specific Authority 483.901(6)(k) FS. Law Implemented 483.901(6)(k) FS. History–New 6-10-99.
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