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Florida Statute 468.311 | Lawyer Caselaw & Research
F.S. 468.311 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 468.311

The 2023 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
F.S. 468.311
468.311 Violations; penalties.Each of the following acts constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083:
(1) Practicing radiologic technology or performing the duties of a radiologist assistant without holding an active certificate to do so.
(2) Using or attempting to use a certificate which has been suspended or revoked.
(3) The willful practice of radiologic technology or the willful performance of the duties of a radiologist assistant by a student without a direct supervisor being present.
(4) Knowingly allowing a student to practice radiologic technology or perform the duties of a radiologist assistant without a direct supervisor being present.
(5) Obtaining or attempting to obtain a certificate under this part through bribery or fraudulent misrepresentation.
(6) Using any name or title specified in s. 468.302(2) or any other name or title which implies that a person is certified to practice radiologic technology or to perform the duties of a radiologist assistant, unless such person is duly certified as provided in this part.
(7) Knowingly concealing information relating to the enforcement of this part or rules adopted pursuant to this part.
(8) Employing, for the purpose of applying ionizing radiation to, or otherwise practicing radiologic technology or any of the duties of a radiologist assistant on, any human being, any individual who is not certified under the provisions of this part.
History.s. 12, ch. 78-383; s. 2, ch. 81-318; ss. 12, 18, 19, ch. 84-269; s. 98, ch. 91-224; s. 4, ch. 91-429; s. 11, ch. 2006-139.

F.S. 468.311 on Google Scholar

F.S. 468.311 on Casetext

Amendments to 468.311


Arrestable Offenses / Crimes under Fla. Stat. 468.311
Level: Degree
Misdemeanor/Felony: First/Second/Third

S468.311 1 - HEALTH-SAFETY - PRAC RADIOLOGIC TECH OR ASSIST WO CERT - M: S
S468.311 2 - HEALTH-SAFETY - USE SUSP RVKD RADIOLOGIC TECH OR ASSIST LIC - M: S
S468.311 3 - HEALTH-SAFETY - STUDENT PRACT RADIOLOGIC TECH WO SUPERVISION - M: S
S468.311 4 - HEALTH-SAFETY - ALLOW RADIOLOGIC STUDENT PRACT WO SUPERVISION - M: S
S468.311 5 - FRAUD - OBTAIN RADIOLOGIC TECH OR ASSIST CERTIF - M: S
S468.311 5 - BRIBERY - OBTAIN RADIOLOGIC TECH OR ASSIST CERTIF - M: S
S468.311 6 - FRAUD-IMPERSON - USE TITLE RADIOLOGIC TECH OR ASSIST WO CERTIF - M: S
S468.311 7 - PUBLIC ORDER CRIMES - CONCEAL INFO RADIOLOGIC TECH OR ASSIST LIC - M: S
S468.311 8 - HEALTH-SAFETY - EMPLOY NON CERTIF PERSON USE RADIOLOGIC EQUIP - M: S



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. The Radiological Personnel Certification Act (“RPCA”) provides the legal framework for the use of radiation and radiation-emitting equipment in Florida. Fla. Stat. §§ 468.3001 et seq. It is unlawful under the RPCA for a person to use radiation, practice radiologic technology, or perform any of the duties of a radiologic assistant unless they are “the holder of a certificate ... and [are] operating under the direct supervision or general supervision of a licensed practitioner in each particular case.” Fla. Stat. § 468.302(1)(b). For purposes of the RPCA, “certificate” is defined as the “certification granted and issued by the [Florida DOH].” Fla. Stat. §§ 468.301(3), (6). The certification process requires an applicant to meet several criteria including the submission of an application fee and proof of completion of certain educational requirements and courses. Fla. Stat. § 468.304. Practicing radiologic technology without an active certificate from the Florida DOH is a criminal offense. Fla. Stat. § 468.311(1).
    PAGE 1164
  2. The Radiological Personnel Certification Act ("RPCA") provides the legal framework for the use of radiation and radiation-emitting equipment in Florida. Fla. Stat. §§ 468.3001 et seq. It is unlawful under the RPCA for a person to use radiation, practice radiologic technology, or perform any of the duties of a radiologic assistant unless they are "the holder of a certificate . . . and [are] operating under the direct supervision or general supervision of a licensed practitioner in each particular case." Fla. Stat. § 468.302(1)(b). For purposes of the RPCA, "certificate" is defined as the "certification granted and issued by the [Florida DOH]." Fla. Stat. §§ 468.301(3), (6). The certification process requires an applicant to meet several criteria including the submission of an application fee and proof of completion of certain educational requirements and courses. Fla. Stat. § 468.304. Practicing radiologic technology without an active certificate from the Florida DOH is a criminal offense. Fla. Stat. § 468.311(1).
    PAGE 12
  3. Moreover, the Florida Radiological Personnel Certification Act, of which Fla. Stat. § 468.302 is a part, does not mention or relate in any way to claims or payments under Medicare, Medicaid, or Tricare. Rather, the Act lists the certification and licensing requirements for persons authorized to operate radiation and nuclear medicine technology, lists grounds for disciplinary actions, and authorizes administrative and criminal penalties. See Fla. Stat. §§ 468.302, 468.3101, 468.311, 468.3115.
    PAGE 20

    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)

    . . . . § 468.311(1). . . .