Fla. Stat. § 483.901
(3) DEFINITIONS.--As used in this section, the term:
(4) COUNCIL.--The Advisory Council of Medical Physicists is created in the Department of Health to advise the department in regulating the practice of medical physics in this state.
(a) The council shall be composed of nine members appointed by the secretary of the department as follows:
1. A licensed medical physicist who specializes in diagnostic radiological physics.
2. A licensed medical physicist who specializes in therapeutic radiological physics.
3. A licensed medical physicist who specializes in medical nuclear radiological physics.
4. A physician who is board certified by the American Board of Radiology or its equivalent.
5. A physician who is board certified by the American Osteopathic Board of Radiology or its equivalent.
6. A chiropractic physician who practices radiology.
7. Three consumer members who are not, and have never been, licensed as a medical physicist or licensed in any closely related profession.
(h) A council member must be a United States citizen and must have been a resident of this state for 2 consecutive years immediately before being appointed.
1. A member of the council who is a medical physicist must have practiced for at least 6 years before being appointed or be board certified for the specialty in which the member practices.
2. A member of the council who is a physician must be licensed to practice medicine in this state and must have practiced diagnostic radiology or radiation oncology in this state for at least 2 years before being appointed.
3. The public members of the council must not have a financial interest in any endeavor related to the practice of medical physics.
(i) Notwithstanding any other provision of this subsection, no later than January 1, 1996, the secretary of the department shall make the initial appointments to the council as follows:
1. One member who is engaged in the practice of medical physics, one physician member, and one public member, each of whom is to be appointed to serve until June 30, 1996;
2. One member who is engaged in the practice of medical physics and one physician member, each of whom is to be appointed to serve until June 30, 1997; and
3. One member who is engaged in the practice of medical physics and one physician member, each of whom is to be appointed to serve until June 30, 1998.
(j) A council member may be removed from the council if the member:
1. Did not have the required qualifications at the time of appointment;
2. Does not maintain the required qualifications while serving on the council; or
3. Fails to attend the regularly scheduled council meetings in a calendar year as required by s. 455.534.
(5) POWERS OF COUNCIL.--The council shall:
(6) LICENSE REQUIRED.--An individual may not engage in the practice of medical physics, including the specialties of diagnostic radiological physics, therapeutic radiological physics, medical nuclear radiological physics, or medical health physics, without a license issued by the department for the appropriate specialty.
(e) On receipt of an application and fee as specified in this section, the department may issue a license to practice medical physics in this state:
1. Until October 1, 1998, to a person who meets any of the following requirements:
a. Earned from an accredited college or university a doctoral degree in physics, medical physics, biophysics, radiological physics, medical health physics, or nuclear engineering and has at least 2 years' experience in the practice of the medical physics specialty for which application is made.
b. Earned from an accredited college or university a master's degree in physics, medical physics, biophysics, radiological physics, medical health physics, or nuclear engineering and has at least 3 years' experience in the practice of the medical physics specialty for which application is made.
c. Earned from an accredited college or university a bachelor's degree in physics and has at least 5 years' experience in the practice of the medical physics specialty for which application is made.
d. Has at least 8 years' experience in the practice of the medical physics specialty for which application is made, 2 years of which must have been earned within the 4 years immediately preceding application for licensure.
e. Is board certified in the medical physics specialty in which the applicant applies to practice by the American Board of Radiology for diagnostic radiological physics, therapeutic radiological physics, or medical nuclear radiological physics; by the American Board of Medical Physics or the Canadian Board of Medical Physics for diagnostic radiological physics, therapeutic radiological physics, or medical nuclear radiological physics; or by the American Board of Health Physics or an equivalent certifying body approved by the agency.
2. On or after October 1, 1997, to a person who is board certified in the medical physics specialty in which the applicant applies to practice by the American Board of Radiology for diagnostic radiological physics, therapeutic radiological physics, or medical nuclear radiological physics; by the American Board of Medical Physics for diagnostic radiological physics, therapeutic radiological physics, or medical nuclear radiological physics; or by the American Board of Health Physics or an equivalent certifying body approved by the department.
(f) A licensee shall:
1. Display the license in a place accessible to the public; and
2. Report immediately any change in the licensee's address or name to the department.
(g) The following acts are grounds for which the disciplinary actions in paragraph (h) may be taken:
1. Obtaining or attempting to obtain a license by bribery, fraud, knowing misrepresentation, or concealment of material fact or through an error of the department.
2. Having a license denied, revoked, suspended, or otherwise acted against in another jurisdiction.
3. Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, the profession of medical physics.
4. Willfully failing to file a report or record required for medical physics or willfully impeding or obstructing the filing of a report or record required by this section or inducing another person to do so.
5. Making misleading, deceptive, or fraudulent representations in or related to the practice of medical physics.
6. Willfully failing to report any known violation of this section or any rule adopted thereunder.
7. Willfully or repeatedly violating a rule adopted under this section or an order of the department.
8. Failing to perform any statutory or legal obligation placed upon a licensee.
9. Aiding, assisting, procuring, employing, or advising any unlicensed person to practice medical physics contrary to this section or any rule adopted thereunder.
10. Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization to perform them.
11. 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.
12. Gross or repeated malpractice or the inability to practice medical physics with reasonable skill and safety.
13. Judicially determined mental incompetency.
14. Being unable to practice medical physics with reasonable skill and safety because of a mental or physical condition or illness or the use of alcohol, controlled substances, or any other substance which impairs one's ability to practice.
a. The department may, upon probable cause, compel a licensee to submit to a mental or physical examination by physicians designated by the department. The cost of an examination shall be borne by the licensee, and the licensee's failure to submit to such an examination constitutes an admission of the allegations against the licensee, consequent upon which a default and a final order may be entered without the taking of testimony or presentation of evidence, unless the failure was due to circumstances beyond the licensee's control.
b. A licensee who is disciplined under this subparagraph shall, at reasonable intervals, be afforded an opportunity to demonstrate that the licensee can resume the practice of medical physics with reasonable skill and safety.
c. With respect to any proceeding under this subparagraph, the record of proceedings or the orders entered by the department may not be used against a licensee in any other proceeding.
(h) When the department finds any person guilty of any of the grounds set forth in paragraph (g), including conduct that would constitute a substantial violation of paragraph (g) which occurred prior to licensure, it may enter an order imposing one or more of the following penalties:
1. Deny the application for licensure.
2. Revoke or suspend the license.
3. Impose an administrative fine for each count or separate offense.
4. Place the licensee on probation for a specified time and subject the licensee to such conditions as the department determines necessary, including requiring treatment, continuing education courses, or working under the monitoring or supervision of another licensee.
5. Restrict a licensee's practice.
6. Issue a reprimand to the licensee.
(9) PENALTY FOR VIOLATIONS.--It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, to:
(10) EXEMPTIONS.--This section does not apply to:
History.--ss. 3, 5, ch. 95-231; s. 446, ch. 97-103; s. 171, ch. 97-264; ss. 137, 218, 247, 286, ch. 98-166; s. 153, ch. 99-397.