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Florida Statute 468.301 | Lawyer Caselaw & Research
F.S. 468.301 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 468.301

The 2023 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
F.S. 468.301
468.301 Definitions.—As used in this part, the term:
(1) “Basic X-ray machine operator” means a person who is employed by a licensed practitioner to perform certain radiographic functions, specifically excluding nuclear medicine and radiation therapy procedures, under the direct supervision of that practitioner.
(2) “Basic X-ray machine operator-podiatric medicine” means a person who is employed by and under the direct supervision of a licensed podiatric physician to perform only those radiographic functions that are within the scope of practice of a podiatric physician licensed pursuant to chapter 461, specifically excluding nuclear medicine and radiation therapy procedures.
(3) “Certificate” means a certification granted and issued by the department under this part.
(4) “Certificateholder” means any person who holds a certificate under this part that authorizes that person to use radiation on human beings.
(5) “Council” means the Advisory Council on Radiation Protection.
(6) “Department” means the Department of Health.
(7) “Direct supervision” means supervision and control by a licensed practitioner who assumes legal liability for the services rendered by the basic X-ray machine operator or basic X-ray machine operator-podiatric medicine, which supervision requires the physical presence of the licensed practitioner for consultation and direction of the actions of the basic X-ray machine operator or basic X-ray machine operator-podiatric medicine.
(8) “Educational program” means training or education, including either a didactic or a clinical practicum, or both, which has a specified objective, planned activities for students, and suitable methods for measuring student attainment, which program is offered, sponsored, or approved by an organization or institution that is able to meet or enforce these criteria and which program is subject to approval by the department.
(9) “General radiographer” means a person who is employed and certificated in radiography, other than a basic X-ray machine operator or basic X-ray machine operator-podiatric medicine.
(10) “General supervision” means supervision whereby a practitioner authorizes the services to be performed by the radiologic technologist, which supervision, except in cases of emergency, requires the easy availability or physical presence of the licensed practitioner for consultation and direction of the actions of the radiologic technologist.
(11) “Licensed practitioner” means a person who is licensed or otherwise authorized by law to practice medicine, podiatric medicine, chiropody, osteopathic medicine, naturopathy, or chiropractic medicine in this state.
(12) “National organization” means a professional association or registry, approved by the department, that examines, registers, certifies, or approves individuals and educational programs relating to operators of sources of radiation.
(13) “Person” means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state or any other state, or political subdivision of any agency thereof and any legal successor, representative, agent, or agency of the foregoing.
(14) “Radiation” means X rays and gamma rays, alpha and beta particles, high-speed electrons, neutrons, and other nuclear particles.
(15) “Radiologic technologist” means a person, other than a licensed practitioner, who is qualified by education, training, or experience, as more specifically defined in s. 468.302(3)(d)-(g), to use radiation on human beings under the specific direction and general supervision of a licensed practitioner in each particular case.
(16) “Radiologist” means a physician specializing in radiology certified by or eligible for certification by the American Board of Radiology or the American Osteopathic Board of Radiology, the British Royal College of Radiology, or the Canadian College of Physicians and Surgeons.
(17) “Radiologist assistant” means a person, other than a licensed practitioner, who is qualified by education and certification, as set forth in s. 468.304, as an advanced-level radiologic technologist who works under the supervision of a radiologist to enhance patient care by assisting the radiologist in the medical imaging environment.
(18) “Specialty technologist” means a person, other than a licensed practitioner, who is qualified by education and certification, as set forth in s. 468.304, to use radiation on human beings under the specific direction and general supervision of a licensed practitioner.
History.—s. 2, ch. 78-383; s. 2, ch. 81-318; ss. 3, 18, 19, ch. 84-269; s. 1, ch. 88-310; s. 4, ch. 91-429; s. 73, ch. 97-237; s. 51, ch. 97-264; ss. 211, 281, ch. 98-166; s. 2, ch. 2006-139; s. 91, ch. 2008-6; s. 1, ch. 2012-168.

F.S. 468.301 on Google Scholar

F.S. 468.301 on Casetext

Amendments to 468.301


Arrestable Offenses / Crimes under Fla. Stat. 468.301
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 468.301.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. State Farm Mut. Auto. Ins. Co. v. B&A Diagnostic, Inc.

    145 F. Supp. 3d 1154 (S.D. Fla. 2015)   Cited 17 times
    A Basic Machine Operator (“BMO”) is defined as “a person who is employed by a licensed practitioner to perform certain radiographic functions ... under the direct supervision of that practitioner.” Fla. Stat. § 468.301(1). The RCPA further restricts a BMO to the performance of “general diagnostic radiographic and general fluoroscopic procedures ... under the direct supervision and control of a licensed practitioner in that practitioner's office.” Fla. Stat. § 468.302(3)(a). Under the RCPA, “direct supervision” requires “the physical presence of the licensed practitioner for consultation and direction of the actions of the” BMO as well as the licensed practitioner's assumption of “legal liability for the services rendered” by the BMO. Fla. Stat. § 468.301(7).
    PAGE 1164

  2. State Farm Mut. Auto. Ins. Co. v. B&A Diagnostic, Inc.

    Case No. 14-cv-24387-KMM (S.D. Fla. Nov. 9, 2015)
    A Basic Machine Operator ("BMO") is defined as "a person who is employed by a licensed practitioner to perform certain radiographic functions . . . under the direct supervision of that practitioner." Fla. Stat. § 468.301(1). The RCPA further restricts a BMO to the performance of "general diagnostic radiographic and general fluoroscopic procedures . . . under the direct supervision and control of a licensed practitioner in that practitioner's office." Fla. Stat. § 468.302(3)(a). Under the RCPA, "direct supervision" requires "the physical presence of the licensed practitioner for consultation and direction of the actions of the" BMO as well as the licensed practitioner's assumption of "legal liability for the services rendered" by the BMO. Fla. Stat. § 468.301(7).
    PAGE 12

  3. State Farm Mut. Auto. Ins. Co. v. B&a Diagnostic, Inc.

    104 F. Supp. 3d 1366 (S.D. Fla. 2015)   Cited 2 times
    State Farm makes numerous allegations in support of its claim that the services rendered were unlawful and therefore non-compensable. State Farm claims that in 2009 and 2010, Defendant Velasco performed X-rays on patients, including State Farm insureds, without the certification required by the Radiological Personnel Certification Act (“RPCA”), Florida Statute § 468.3001. Id. at ¶¶ 73–76. State Farm asserts that Defendants B & A, Genao, Alonso, and Velasco knew or should have known that Velasco lacked certification from the Department of Health, as required under the RPCA. Id. at ¶ 83. Additionally, State Farm claims that Defendant B & A's employment of Defendant Maza, who held a certification from the State of Florida as a Basic Machine Operator (“BMO”), was in violation of Florida law regulating the use of BMO's, as it was a clinic owned by a layperson, and not the office of a licensed practitioner. See id. at ¶ 87; see also Fla. Stat. §§ 468.301(1) and 468.302(3)(a). State Farm also contends that B & A and its Medical Directors failed to make a good faith effort to collect deductibles and/or copays, in violation of Florida law. Id. at ¶¶ 61–70.
    PAGE 1370

    Cases from cite.case.law:

    STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND STATE FARM FIRE CASUALTY COMPANY, v. B A DIAGNOSTIC, INC. n k a M. D. M. D., 145 F. Supp. 3d 1154 (S.D. Fla. 2015)

    . . . . §§ 468.301(3), (6). . . . Stat. § 468.301(1). . . . Stat. § 468.301(7). B. . . .

    STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. B A DIAGNOSTIC, INC. n k a M. D., 104 F. Supp. 3d 1366 (S.D. Fla. 2015)

    . . . . §§ 468.301(1) and 468.302(3)(a). . . .