CHAPTER 601. MEDICAL RADIOLOGIC TECHNOLOGISTS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE K. PROFESSIONS RELATED TO USE OF CERTAIN MEDICAL
EQUIPMENT
CHAPTER 601. MEDICAL RADIOLOGIC TECHNOLOGISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 601.001. SHORT TITLE. This chapter may be cited as the
Medical Radiologic Technologist Certification Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.002. DEFINITIONS. In this chapter:
(1) "Authorized person" means a person who meets or exceeds the
minimum educational standards of the board under Section 601.201.
(2) "Board" means the Texas Board of Health.
(3) "Department" means the Texas Department of Health.
(4) "Direct supervision" means supervision and control by a
medical radiologic technologist or a practitioner who:
(A) assumes legal liability for a student employed to perform a
radiologic procedure and enrolled in a program that meets the
requirements adopted under Section 601.053; and
(B) is physically present during the performance of the
radiologic procedure to provide consultation or direct the action
of the student.
(5) "Education program" means clinical training or any other
program offered by an organization approved by the board that:
(A) has a specified objective;
(B) includes planned activities for participants; and
(C) uses an approved method for measuring the progress of
participants.
(6) "Medical radiologic technologist" means a person certified
under this chapter who, under the direction of a practitioner,
intentionally administers radiation to another for a medical
purpose. The term does not include a practitioner.
(7) "Practitioner" means a person who:
(A) is licensed in this state as a doctor of:
(i) medicine;
(ii) osteopathy;
(iii) podiatry;
(iv) dentistry; or
(v) chiropractic; and
(B) prescribes radiologic procedures for other persons.
(8) "Radiation" means ionizing radiation:
(A) in amounts beyond normal background levels; and
(B) from a source such as a medical or dental radiologic
procedure.
(9) "Radiologic procedure" means a procedure or article,
including a diagnostic X-ray or a nuclear medicine procedure,
that:
(A) is intended for use in:
(i) the diagnosis of disease or other medical or dental
conditions in humans; or
(ii) the cure, mitigation, treatment, or prevention of disease
in humans; and
(B) achieves its intended purpose through the emission of
radiation.
(10) "Radiologic technology" means the administration of
radiation to a person for a medical purpose.
(11) "Registered nurse" means a person licensed by the Texas
Board of Nursing to practice professional nursing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 47, eff. September 1, 2007.
SUBCHAPTER B. POWERS AND DUTIES OF BOARD AND DEPARTMENT
Sec. 601.051. CERTIFICATION PROGRAM. The bureau of licensing
and compliance of the department shall administer the
certification program required by this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.052. RULES. The board may adopt rules necessary to
implement this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.053. MINIMUM STANDARDS. The board by rule shall
establish minimum standards for:
(1) issuing, renewing, suspending, or revoking a certificate
issued under this chapter;
(2) approving curricula and education programs to train
individuals, registered nurses, and physician assistants to
perform radiologic procedures;
(3) approving instructors to teach approved curricula or
education programs to train individuals to perform radiologic
procedures; and
(4) rescinding an approval described by Subdivision (2) or (3).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.054. APPROVAL AND REVIEW OF CURRICULA AND TRAINING
PROGRAMS. (a) An applicant for approval of a curriculum or
training program must apply to the department on a form and under
rules adopted by the board.
(b) The department shall approve a curriculum or training
program that meets the minimum standards adopted under Section
601.053. The department may review the approval annually.
(c) The board may set a fee for approval of a curriculum or
training program not to exceed the estimated amount that the
department projects to be required for the evaluation of the
curriculum or training program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.055. APPROVAL AND REVIEW OF INSTRUCTOR APPROVAL. (a)
An applicant for approval of an instructor must apply to the
department on a form and under rules adopted by the board.
(b) The department shall approve an instructor who meets the
minimum standards adopted under Section 601.053. The department
may review the approval annually.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.056. DANGEROUS OR HAZARDOUS PROCEDURES. (a) The board
with the assistance of other appropriate state agencies shall
identify by rule radiologic procedures, other than radiologic
procedures described by Subsection (c), that are dangerous or
hazardous and that may be performed only by a practitioner or a
medical radiologic technologist certified under this chapter.
(b) In adopting rules under Subsection (a), the board may
consider whether the radiologic procedure will be performed by a
registered nurse or a licensed physician assistant.
(c) Subsection (a) does not apply to a radiologic procedure
involving a dental X-ray machine, including a panarex or other
equipment designed and manufactured only for use in dental
radiography.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.057. FEES. The board may set fees for examination,
certificate issuance, registration of a person under Section
601.202, and application processing under Section 601.203 in
amounts that are reasonable to cover the costs of administering
this chapter without the use of additional general revenue.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.321(a), eff.
Sept. 1, 2001.
Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a medical radiologic
technologist except to prohibit false, misleading, or deceptive
practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a medical radiologic technologist's
personal appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
medical radiologic technologist; or
(4) restricts the medical radiologic technologist's
advertisement under a trade name.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.322(a), eff.
Sept. 1, 2001.
SUBCHAPTER C. CERTIFICATION REQUIREMENTS
Sec. 601.101. CERTIFICATION REQUIRED. A person may not perform
a radiologic procedure unless the person holds a certificate
issued under this chapter, except as otherwise provided by
Subchapter D.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.102. CLASSES OF CERTIFICATES. (a) The board shall
establish classes of certificates to include all radiologic
procedures used in the course and scope of the practice of
practitioners licensed in this state.
(b) The board may issue to a person:
(1) a general certificate to perform radiologic procedures; or
(2) a limited certificate that authorizes the person to perform
radiologic procedures only on specific parts of the human body.
(c) The board may issue to a person a temporary general
certificate or a temporary limited certificate that authorizes
the person to perform radiologic procedures for a period not to
exceed one year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.103. APPLICATION; APPLICATION FEE. An applicant for a
certificate under this chapter must:
(1) apply to the department on a form and under rules adopted by
the board; and
(2) submit with the application a nonrefundable application fee
in an amount determined by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.104. EXAMINATION. The board may prepare and conduct an
examination for applicants for a certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.1041. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
later than the 30th day after the date a person takes an
examination for a certificate under this chapter, the department
shall notify the person of the results of the examination.
(b) If the examination is graded or reviewed by a testing
service, the department shall notify the person of the results of
the examination not later than the 14th day after the date the
department receives the results from the testing service. If
notice of the examination results will be delayed for longer than
90 days after the examination date, the department shall notify
the person of the reason for the delay before the 90th day.
(c) The department may require a testing service to notify a
person of the results of the person's examination.
(d) If requested in writing by a person who fails an examination
for a certificate administered under this chapter, the department
shall furnish the person with an analysis of the person's
performance on the examination.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.323(a), eff.
Sept. 1, 2001.
Sec. 601.105. ISSUANCE OF CERTIFICATE. (a) The department
shall issue a certificate to an applicant who meets the minimum
standards for certification established under Section 601.053.
(b) A certificate is valid for a period established by the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.106. TRANSFER OF CERTIFICATE PROHIBITED. A certificate
issued under this chapter is not transferable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.107. CERTIFICATION BY ENDORSEMENT. In adopting minimum
standards for certifying medical radiologic technologists, the
board may establish criteria for issuing a certificate to a
person licensed or otherwise registered as a medical radiologic
technologist by the American Registry of Radiologic
Technologists, the American Registry of Clinical Radiography
Technologists, or another state whose requirements for licensure
or registration were on the date of licensing or registration
substantially equal to the requirements of this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.108. CONTINUING EDUCATION AND OTHER GUIDELINES. (a)
The board may establish guidelines.
(b) The board shall prepare, recognize, or administer continuing
education programs for medical radiologic technologists in which
participation is required, to the extent required by the board,
to keep the person's certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.324(a), eff.
Sept. 1, 2001.
Sec. 601.109. PROVISIONAL CERTIFICATE. (a) The board may issue
a provisional certificate to an applicant currently licensed or
certified in another jurisdiction who seeks certification in this
state and who:
(1) has been licensed or certified in good standing as a medical
radiologic technologist for at least two years in another
jurisdiction, including a foreign country, that has licensing or
certification requirements substantially equivalent to the
requirements of this chapter;
(2) has passed a national or other examination recognized by the
board relating to the practice of radiologic technology; and
(3) is sponsored by a medical radiologic technologist certified
by the board under this chapter with whom the provisional
certificate holder will practice during the time the person holds
a provisional certificate.
(b) The board may waive the requirement of Subsection (a)(3) for
an applicant if the board determines that compliance with that
subsection would be a hardship to the applicant.
(c) A provisional certificate is valid until the date the board
approves or denies the provisional certificate holder's
application for a certificate. The board shall issue a
certificate under this chapter to the provisional certificate
holder if:
(1) the provisional certificate holder is eligible to be
certified under Section 601.107; or
(2) the provisional certificate holder passes the part of the
examination under Section 601.104 that relates to the applicant's
knowledge and understanding of the laws and rules relating to the
practice of radiologic technology in this state and:
(A) the board verifies that the provisional certificate holder
meets the academic and experience requirements for a certificate
under this chapter; and
(B) the provisional certificate holder satisfies any other
licensing requirements under this chapter.
(d) The board must approve or deny a provisional certificate
holder's application for a certificate not later than the 180th
day after the date the provisional certificate is issued. The
board may extend the 180-day period if the results of an
examination have not been received by the board before the end of
that period.
(e) The board may establish a fee for a provisional certificate
in an amount reasonable and necessary to cover the cost of
issuing the certificate.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.325(a), eff.
Sept. 1, 2001.
Sec. 601.110. CERTIFICATE EXPIRATION. (a) Not later than the
30th day before the date a person's certificate is scheduled to
expire, the department shall send written notice of the impending
expiration to the person at the person's last known address
according to the records of the department.
(b) The board by rule may adopt a system under which
certificates expire on various dates during the year. For the
year in which the certificate expiration date is changed, the
department shall prorate certificate fees on a monthly basis so
that each certificate holder pays only that portion of the
certificate fee that is allocable to the number of months during
which the certificate is valid. On renewal of the certificate on
the new expiration date, the total certificate renewal fee is
payable.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.323(b), eff.
Sept. 1, 2001.
Sec. 601.111. CERTIFICATE RENEWAL PROCEDURE. (a) A person who
is otherwise eligible to renew a certificate may renew an
unexpired certificate by paying the required renewal fee to the
department before the expiration date of the certificate. A
person whose certificate has expired may not engage in activities
that require a certificate until the certificate has been
renewed.
(b) A person whose certificate has been expired for 90 days or
less may renew the certificate by paying to the department a
renewal fee that is equal to 1-1/2 times the normally required
renewal fee.
(c) A person whose certificate has been expired for more than 90
days but less than one year may renew the certificate by paying
to the department a renewal fee that is equal to two times the
normally required renewal fee.
(d) A person whose certificate has been expired for one year or
more may not renew the certificate. The person may obtain a new
certificate by complying with the requirements and procedures,
including the examination requirements, for an original
certificate.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.323(c), eff.
Sept. 1, 2001.
Sec. 601.112. RENEWAL OF CERTIFICATE BY OUT-OF-STATE
PRACTITIONER. (a) A person who held a certificate in this
state, moved to another state, and currently holds a certificate
or license and has been in practice in the other state for the
two years preceding the date of application may obtain a new
certificate without reexamination.
(b) The person must pay to the department a fee that is equal to
two times the normally required renewal fee for the certificate.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.323(c), eff.
Sept. 1, 2001.
SUBCHAPTER D. EXEMPTIONS FROM CERTIFICATION AND REGISTRATION
REQUIREMENTS
Sec. 601.151. PRACTITIONERS. A person is not required to hold a
certificate issued under this chapter to perform a radiologic
procedure if the person is a practitioner and performs the
procedure in the course and scope of the profession for which the
person holds a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.152. PERSON SUPERVISED BY PRACTITIONER. A person is
not required to hold a certificate issued under this chapter to
perform a radiologic procedure if:
(1) the person performs the procedure under the instruction or
direction of a practitioner; and
(2) the person and the practitioner comply with rules adopted
under Section 601.252.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.153. PERSON SUPERVISED BY DENTIST. A person is not
required to hold a certificate issued under this chapter to
perform a radiologic procedure if:
(1) the procedure is performed under the supervision of a
dentist; and
(2) the person:
(A) is registered with the State Board of Dental Examiners; and
(B) complies with rules adopted by that board under Section
601.252.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.154. HOSPITAL PROCEDURES. A person is not required to
hold a certificate issued under this chapter to perform a
radiologic procedure in a hospital if:
(1) the hospital participates in the federal Medicare program or
is accredited by the Joint Commission on Accreditation of
Hospitals; and
(2) the person has completed a training program approved by the
board under Section 601.201.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.155. STUDENTS. A person is not required to hold a
certificate issued under this chapter or to comply with the
registration requirements adopted under Section 601.252 if the
person:
(1) is a student enrolled in a training program that meets the
minimum standards adopted under Section 601.201; and
(2) is performing a radiologic procedure in an academic or
clinical setting as part of the training program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.156. PROCEDURE PERFORMED AS PART OF CONTINUING
EDUCATION PROGRAM. A person is not required to hold a
certificate issued under this chapter or to comply with the
registration requirements adopted under Section 601.252 if the
person is:
(1) licensed or otherwise registered as a medical radiologic
technologist by another state, the American Registry of
Radiologic Technologists, the American Registry of Clinical
Radiography Technologists, or a professional organization or
association recognized by the board;
(2) enrolled in a continuing education program that meets the
requirements adopted under Section 601.108; and
(3) performing a radiologic procedure as part of the continuing
education program for not more than 10 days.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. MANDATORY TRAINING FOR CERTAIN AUTHORIZED PERSONS
Sec. 601.201. MANDATORY TRAINING. (a) The minimum standards of
the board for approval of a curriculum or an education program
under Section 601.053 must include mandatory training guidelines
for a person, other than a practitioner or a medical radiologic
technologist, who intentionally uses radiologic technology,
including a person who does not hold a certificate issued under
this chapter and who is performing a radiologic procedure at a
hospital or under the direction of a practitioner, other than a
dentist.
(b) The training program approved by the board must contain an
appropriate number of hours of education that must be completed
before the person may perform a radiologic procedure.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.202. REGISTRY. The board by rule shall establish a
registry of persons required to comply with this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.203. HARDSHIP EXEMPTION. (a) On application to the
department by a hospital, a federally qualified health center as
defined by 42 U.S.C. Section 1396d, or a practitioner, the
department shall exempt the applicant from the requirements of
Section 601.201 in employing a person certified under this
chapter or trained as required by Section 601.201 if the
applicant shows a hardship in employing a person certified under
this chapter or trained as required by Section 601.201.
(b) The following conditions are considered to be a hardship for
the purposes of Subsection (a):
(1) that the applicant reports an inability to attract and
retain medical radiologic technologists;
(2) that the applicant is located at a great distance from a
school of medical radiologic technology;
(3) that there is a list of qualified persons who have applied
to a school of medical radiologic technology whose admissions are
pending because of a lack of faculty or space;
(4) that the school of medical radiologic technology produces an
insufficient number of graduates in medical radiologic technology
to meet the needs of the applicant; or
(5) any other criteria determined by department rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. OTHER LICENSING AGENCIES; RULEMAKING AND
REGISTRATION REQUIREMENTS
Sec. 601.251. APPLICABILITY. This subchapter applies to the:
(1) Texas Board of Nursing;
(2) Texas Board of Chiropractic Examiners;
(3) State Board of Dental Examiners;
(4) Texas Medical Board; and
(5) Texas State Board of Podiatric Medical Examiners.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 48, eff. September 1, 2007.
Sec. 601.252. REQUIREMENT TO ADOPT RULES. (a) Each agency
subject to this subchapter, other than the Texas Board of
Nursing, shall adopt rules to regulate the manner in which a
person who holds a license issued by the agency may order,
instruct, or direct another authorized person in the performance
of a radiologic procedure.
(b) Rules adopted under Subsection (a) must allow a practitioner
the right to delegate certain designated radiologic procedures to
a person not certified under this chapter if the delegation is
allowed by the regulatory board that licenses the practitioner.
(c) Rules adopted under this section must:
(1) require an authorized person, other than a registered nurse,
to register with the agency that licenses the practitioner under
whom the person performs radiologic procedures;
(2) establish reasonable and necessary fees to cover the
administrative costs incurred by the agency in administering a
registration program created under this subsection;
(3) establish grounds for the suspension, revocation, or
nonrenewal of a registration issued under this subsection; and
(4) establish standards, in addition to those required by this
chapter, for training and supervising the operators of the
equipment.
(d) In adopting rules under Subsection (c), an agency may take
into account whether the radiologic procedure will be performed
by a registered nurse.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 49, eff. September 1, 2007.
Sec. 601.253. TEXAS BOARD OF NURSING. (a) The Texas Board of
Nursing may adopt rules governing registered nurses performing
radiologic procedures under Section 601.151 or 601.154 and shall
require registered nurses performing radiologic procedures under
Section 601.151 to register with the Texas Board of Nursing and
to identify the practitioner ordering the procedures.
(b) The Texas Board of Nursing shall notify the agency licensing
the practitioner that the nurse has registered under this
section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 50, eff. September 1, 2007.
SUBCHAPTER G. CERTIFICATE DENIAL AND DISCIPLINARY ACTION
Sec. 601.301. CERTIFICATE DENIAL AND DISCIPLINARY ACTION. The
department may, for a violation of this chapter or a rule adopted
under this chapter:
(1) suspend, revoke, or refuse to renew a certificate;
(2) rescind approval of a curriculum, training program, or
instructor;
(3) deny an application for certification or approval;
(4) issue a reprimand; or
(5) place the offender's certificate on probation and require
compliance with a requirement of the department, including
requiring the offender to:
(A) submit to medical or psychological treatment;
(B) meet additional education requirements;
(C) pass an examination; or
(D) work under the supervision of a medical radiologic
technologist or other practitioner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.302. GROUNDS FOR CERTIFICATE DENIAL OR DISCIPLINARY
ACTION. The department may take action under Section 601.301
against a person subject to this chapter for:
(1) obtaining or attempting to obtain a certificate issued under
this chapter by bribery or fraud;
(2) making or filing a false report or record made in the
person's capacity as a medical radiologic technologist;
(3) intentionally or negligently failing to file a report or
record required by law;
(4) intentionally obstructing or inducing another to
intentionally obstruct the filing of a report or record required
by law;
(5) engaging in unprofessional conduct, including the violation
of the standards of practice of radiologic technology established
by the board;
(6) developing an incapacity that prevents the practice of
radiologic technology with reasonable skill, competence, and
safety to the public as the result of:
(A) an illness;
(B) drug or alcohol dependency; or
(C) another physical or mental condition or illness;
(7) failing to report to the department the violation of this
chapter by another person;
(8) employing, for the purpose of applying ionizing radiation to
a person, a person who is not certified under or in compliance
with this chapter;
(9) violating this chapter, a rule adopted under this chapter,
an order of the department previously entered in a disciplinary
proceeding, or an order to comply with a subpoena issued by the
department;
(10) having a certificate revoked, suspended, or otherwise
subjected to adverse action or being denied a certificate by
another certification authority in another state, territory, or
country; or
(11) being convicted of or pleading nolo contendere to a crime
directly related to the practice of radiologic technology.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.303. STUDENT PRACTICING WITHOUT DIRECT SUPERVISION.
The department may take disciplinary action against a student for
intentionally practicing radiologic technology without direct
supervision.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.304. ADMINISTRATIVE PROCEDURE. The procedure by which
the department takes a disciplinary action and the procedure by
which a disciplinary action is appealed are governed by:
(1) department rules for a contested case hearing; and
(2) Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.305. REINSTATEMENT. (a) A person subject to
disciplinary action under Section 601.302(6) shall, at reasonable
intervals, be given an opportunity to demonstrate that the person
is able to resume the practice of radiologic technology.
(b) The board may not reinstate a certificate to a holder or
issue a certificate to an applicant previously denied a
certificate unless the board is satisfied that the holder or
applicant has complied with requirements set by the board and is
capable of engaging in the practice of radiologic technology.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.306. EMERGENCY SUSPENSION. (a) The department shall
temporarily suspend the certificate of a certificate holder if
the department determines from the evidence or information
presented to it that continued practice by the certificate holder
would constitute a continuing and imminent threat to the public
welfare.
(b) A certificate may be suspended under this section without
notice or hearing on the complaint if:
(1) action is taken to initiate proceedings for a hearing before
the State Office of Administrative Hearings simultaneously with
the temporary suspension; and
(2) a hearing is held as soon as practicable under this chapter
and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause
to believe that a continuing and imminent threat to the public
welfare still exists. A final hearing on the matter shall be held
not later than the 61st day after the date of the temporary
suspension.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 13, eff. Sept. 1,
2003.
SUBCHAPTER H. ADMINISTRATIVE PENALTY
Sec. 601.351. IMPOSITION OF PENALTY. The department may impose
an administrative penalty against a person who violates this
chapter or a rule adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.352. AMOUNT OF PENALTY. (a) The amount of the
administrative penalty may not exceed $1,000 for each violation.
Each day of a continuing violation is a separate violation.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made to correct the violation; and
(5) any other matter that justice may require.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.353. NOTICE OF VIOLATION AND PENALTY. (a) If, after
investigating a possible violation and the facts surrounding that
possible violation, the department determines that a violation
occurred, the department shall give written notice of the
violation to the person alleged to have committed the violation.
(b) The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the proposed administrative penalty; and
(3) inform the person of the person's right to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not
later than the 20th day after the date the person receives the
notice, the person may:
(1) accept the department's determination, including the
proposed administrative penalty; or
(2) make a written request for a hearing on that determination.
(b) If the person accepts the department's determination, the
commissioner of public health or that commissioner's designee by
order shall approve the determination and impose the proposed
penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.355. HEARING. (a) If the person timely requests a
hearing, the department shall:
(1) set a hearing;
(2) give written notice of the hearing to the person; and
(3) designate a hearings examiner to conduct the hearing.
(b) The hearings examiner shall make findings of fact and
conclusions of law and promptly issue to the commissioner of
public health or that commissioner's designee a proposal for
decision as to the occurrence of the violation and the amount of
any proposed administrative penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.356. DECISION BY COMMISSIONER. (a) Based on the
findings of fact and conclusions of law and the recommendations
of the hearings examiner, the commissioner of public health or
the commissioner's designee by order may determine that:
(1) a violation has occurred and may impose an administrative
penalty; or
(2) a violation did not occur.
(b) The department shall give notice of the order to the person.
The notice must include:
(1) separate statements of the findings of fact and conclusions
of law;
(2) the amount of any penalty imposed; and
(3) a statement of the right of the person to judicial review of
the order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)
Not later than the 30th day after the date on which the order
becomes final, the person shall:
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial review
contesting the occurrence of the violation, the amount of the
penalty, or both; or
(3) without paying the penalty, file a petition for judicial
review contesting the occurrence of the violation, the amount of
the penalty, or both.
(b) Within the 30-day period, a person who acts under Subsection
(a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow
account; or
(B) giving to the court a supersedeas bond that is approved by
the court for the amount of the penalty and that is effective
until all judicial review of the order is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the penalty
and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the department by
certified mail.
(c) If the department receives a copy of an affidavit as
provided by Subsection (b)(2), the department may file with the
court a contest to the affidavit not later than the fifth day
after the date the copy is received.
(d) The court shall hold a hearing on the facts alleged in the
affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty and to give a
supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.358. COLLECTION OF PENALTY. If the person does not pay
the administrative penalty and the enforcement of the penalty is
not stayed, the department may refer the matter to the attorney
general for collection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.359. DETERMINATION BY COURT. (a) If the court
sustains the determination that a violation occurred, the court
may uphold or reduce the amount of the administrative penalty and
order the person to pay the full or reduced amount.
(b) If the court does not sustain the determination that a
violation occurred, the court shall order that a penalty is not
owed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.360. REMITTANCE OF PENALTY AND INTEREST. (a) If,
after judicial review, the administrative penalty is reduced or
not imposed by the court, the court shall, after the judgment
becomes final:
(1) order the appropriate amount, plus accrued interest, be
remitted to the person by the department if the person paid the
penalty under Section 601.357(a)(2); or
(2) if the person paid the penalty under Section
601.357(b)(1)(A) or posted a supersedeas bond, order the
department to:
(A) execute a complete release of the escrow account or bond, as
appropriate, if the penalty is not imposed; or
(B) release the escrow account or bond, as appropriate, after
the reduced penalty has been paid from the account or by the
person.
(b) The interest paid under Subsection (a)(1) is accrued at the
rate charged on loans to depository institutions by the New York
Federal Reserve Bank. The interest shall be paid for the period
beginning on the date the penalty is paid and ending on the date
the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.361. EXPENSES AND COSTS. (a) In this section,
"reasonable expenses and costs" includes expenses incurred by the
department and the attorney general in the investigation,
initiation, or prosecution of an action, including reasonable
investigative costs, court costs, attorney's fees, witness fees,
and deposition expenses.
(b) The department may assess reasonable expenses and costs
against a person in an administrative hearing if, as a result of
the hearing, an administrative penalty is assessed against the
person. The person shall pay expenses and costs assessed under
this subsection not later than the 30th day after the date the
order of the commissioner of public health or that commissioner's
designee requiring the payment of expenses and costs is final.
The department may refer the matter to the attorney general for
collection of the expenses and costs.
(c) If the attorney general brings an action against a person to
enforce an administrative penalty assessed under this chapter and
the person is found liable for an administrative penalty, the
attorney general may recover, on behalf of the attorney general
and the department, reasonable expenses and costs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.362. ADMINISTRATIVE PROCEDURE. A proceeding under this
subchapter is subject to Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER I. ENFORCEMENT AND OTHER PENALTY PROVISIONS
Sec. 601.401. INJUNCTION; CIVIL PENALTY. (a) If it appears
that a person has violated, is violating, or is threatening to
violate this chapter or a rule adopted under this chapter, the
board or the department may bring an action to enjoin the
continued or threatened violation.
(b) A person who violates this chapter or a rule adopted under
this chapter is subject to a civil penalty in an amount not to
exceed $1,000 for each day of violation.
(c) At the request of the board or the department, the attorney
general shall bring an action in the name of the state for the
injunctive relief, to recover the civil penalty, or both.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 601.402. CRIMINAL OFFENSES. (a) A person who is required
to be certified under this chapter commits an offense if the
person:
(1) knowingly administers a radiologic procedure to another
person without holding a valid certificate issued by the
department;
(2) practices radiologic technology without holding a
certificate under this chapter;
(3) uses or attempts to use a suspended or revoked certificate;
(4) knowingly allows a student enrolled in an education program
to perform a radiologic procedure without direct supervision;
(5) obtains or attempts to obtain a certificate through bribery
or fraudulent misrepresentation;
(6) uses the title or name "certified medical radiologic
technologist" or any other name or title that implies the person
is certified to practice radiologic technology, unless the person
is certified under this chapter;
(7) knowingly conceals information relating to enforcement of
this chapter or a rule adopted under this chapter; or
(8) employs a person not certified by or in compliance with this
chapter for the purpose of applying ionizing radiation to a
person.
(b) An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.