CHAPTER 602. MEDICAL PHYSICISTS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE K. PROFESSIONS RELATED TO USE OF CERTAIN MEDICAL
EQUIPMENT
CHAPTER 602. MEDICAL PHYSICISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 602.001. SHORT TITLE. This chapter may be cited as the
Medical Physics Practice Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.002. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Licensure for Professional
Medical Physicists in the Texas Department of Health.
(2) "Department" means the Texas Department of Health.
(3) "Diagnostic radiological physics" means the branch of
medical physics that deals with:
(A) the diagnostic application of:
(i) roentgen rays;
(ii) gamma rays from sealed sources;
(iii) ultrasonic radiation; or
(iv) radiofrequency radiation; and
(B) the use of equipment associated with the production and use
of those types of radiation.
(4) "License" means a certificate issued by the board that
authorizes the holder to engage in the practice of medical
physics.
(5) "Licensed medical physicist" means a person who holds a
license.
(6) "Medical health physics" means the branch of medical physics
that deals with the safe use of roentgen rays, gamma rays,
electron or other charged particle beams, neutrons,
radionuclides, and radiation from sealed radionuclide sources for
both diagnostic and therapeutic purposes in humans and the use of
equipment required to perform appropriate radiation tests and
measurements.
(7) "Medical nuclear physics" means the branch of medical
physics that deals with:
(A) the therapeutic and diagnostic application of radionuclides,
except those used in sealed sources for therapeutic purposes; and
(B) the use of equipment associated with the production and use
of radionuclides.
(8) "Medical physics" means the branch of physics that is
associated with the practice of medicine, including the field of
radiological physics.
(9) "Practice of medical radiological physics" means the use of
principles and accepted protocols of physics to assure the
correct quality, quantity, and placement of radiation during the
performance of a radiological procedure prescribed by a
practitioner that will protect the patient and others from
harmful excessive radiation. The term includes:
(A) radiation beam calibration and characterization;
(B) quality assurance;
(C) instrument specification;
(D) acceptance testing;
(E) shielding design;
(F) protection analysis on radiation-emitting equipment and
radiopharmaceuticals; and
(G) consultation with a physician to assure accurate radiation
dosage to a specific patient.
(10) "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.
(11) "Radiation" means ionizing or nonionizing radiation above
background levels used to perform a diagnostic or therapeutic
medical or dental radiological procedure.
(12) "Radiological physics" means the branch of medical physics
that includes:
(A) diagnostic radiological physics;
(B) medical health physics;
(C) medical nuclear physics; and
(D) therapeutic radiological physics.
(13) "Radiological procedure" means a test, measurement,
calculation, or radiation exposure that:
(A) is used to diagnose or treat a disease or another human
medical or dental condition; and
(B) includes the use of:
(i) diagnostic radiation;
(ii) nuclear magnetic resonance;
(iii) nuclear medicine procedures; or
(iv) therapeutic radiation.
(14) "Therapeutic radiological physics" means the branch of
medical physics that deals with:
(A) the therapeutic application of:
(i) roentgen rays;
(ii) gamma rays;
(iii) electron and other charged particle beams;
(iv) neutrons; or
(v) radiation from a radionuclide source; and
(B) the use of equipment associated with the production and use
of those types of radiation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL
PHYSICISTS
Sec. 602.051. BOARD. The Texas Board of Licensure for
Professional Medical Physicists is the division of the department
responsible for regulating the practice of medical physics.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.052. APPOINTMENT OF BOARD MEMBERS. (a) The board
consists of nine members appointed by the governor with the
advice and consent of the senate as follows:
(1) five licensed medical physicists, with at least one board
certified representative of each of the following specialties:
(A) diagnostic radiological physics;
(B) medical health physics;
(C) medical nuclear physics; and
(D) therapeutic radiological physics;
(2) three physicians, with a board certified representative of
each of the following specialties:
(A) diagnostic radiology;
(B) nuclear medicine; and
(C) radiation therapy; and
(3) one member who represents the public.
(b) The governor shall appoint the board's medical physicist
members from lists of candidates who have practiced medical
physics for the period prescribed by Section 602.053(b) submitted
by specialty from the following groups on the governor's request:
(1) the Southwest Chapter of the American Association of
Physicists in Medicine;
(2) Region VIII of the American College of Medical Physics;
(3) the South Texas Chapter of the Health Physics Society;
(4) the Southwestern Chapter of the Society of Nuclear Medicine;
and
(5) the Texas Radiological Society.
(c) The governor shall appoint the board's physician members
from lists of candidates who have practiced medicine in the
designated specialties for the period prescribed by Section
602.053(c) submitted by specialty from the following groups on
the governor's request:
(1) the Southwestern Chapter of the Society of Nuclear Medicine;
and
(2) the Texas Radiological Society.
(d) Appointments to the board shall be made without regard to
the race, color, disability, creed, sex, religion, age, or
national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.326(a), eff.
Sept. 1, 2001.
Sec. 602.053. BOARD MEMBERSHIP; ELIGIBILITY. (a) A board
member must be a United States citizen.
(b) A medical physicist board member must be a resident of the
state for a period of not less than four years before appointment
and must have practiced medical physics for not less than six
years preceding appointment.
(c) A physician board member must be licensed to practice
medicine in the state and must have practiced a specialty listed
by Section 602.052(a)(2) for not less than four years preceding
appointment. The appropriate specialty boards for nuclear
medicine are the American Board of Nuclear Medicine and the
American Board of Radiology.
(d) A public board member must be a resident of the state for a
period of not less than four years preceding appointment. A
person may not be a public member of the board if the person or
the person's spouse:
(1) is registered, certified, or licensed by a regulatory agency
in the field of medical physics;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving money from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.327(a), eff.
Sept. 1, 2001.
Sec. 602.054. MEMBERSHIP RESTRICTIONS. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined association of business or professional competitors in
this state designed to assist its members and its industry or
profession in dealing with mutual business or professional
problems and in promoting their common interest.
(b) A person may not be a member of the board if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of medicine; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of medicine.
(c) A person may not serve as a member of the board if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation
of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.328(a), eff.
Sept. 1, 2001.
Sec. 602.055. TERMS; VACANCY. (a) Members of the board serve
staggered six-year terms. The terms of three members expire on
February 1 of each odd-numbered year.
(b) A person is not eligible to serve more than one consecutive
six-year term. A person may serve consecutively one six-year term
and a shorter term that arises because of filling an unexpired
vacancy.
(c) If a vacancy occurs on the board, the governor shall appoint
a person to serve for the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of appointment the qualifications
required by Section 602.053 for appointment to the board;
(2) does not maintain during service on the board the
qualifications required by Section 602.053 for appointment to the
board;
(3) is ineligible for membership under Section 602.053(d) or
Section 602.054;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) does not attend at least half of the regularly scheduled
board meetings held in a calendar year, excluding meetings held
while the person was not a board member, without an excuse
approved by the board.
(b) A board action taken while a ground for removal of a member
of the board exists is not invalid for that reason.
(c) If the commissioner of public health has knowledge that a
potential ground for removal exists, the commissioner shall
notify the presiding officer of the board of the potential
ground. The presiding officer shall then notify the governor and
the attorney general that a potential ground for removal exists.
If the potential ground for removal involves the presiding
officer, the commissioner shall notify the next highest ranking
officer of the board, who shall then notify the governor and the
attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.329(a), eff.
Sept. 1, 2001.
Sec. 602.057. COMPENSATION. A member of the board is entitled
to a per diem in an amount set by the legislature for each day
that the member engages in the business of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.058. BOARD OFFICERS; MEETINGS. (a) The governor shall
designate a member of the board as the presiding officer of the
board to serve in that capacity at the will of the governor. At
the first regularly scheduled meeting of each calendar year, the
board shall elect from its members an assistant presiding
officer.
(b) The board shall hold a meeting at least once a year and at
other times in accordance with board rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.330(a), eff.
Sept. 1, 2001.
Sec. 602.059. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including conflict
of interest laws; and
(8) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.328(b), eff.
Sept. 1, 2001.
SUBCHAPTER C. EXECUTIVE SECRETARY AND PERSONNEL
Sec. 602.101. EXECUTIVE SECRETARY. The commissioner of health,
after consulting with the board, shall designate an employee of
the department to serve as the board's executive secretary.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.102. EXECUTIVE SECRETARY POWERS AND DUTIES. (a) The
executive secretary shall:
(1) administer the board's licensing activities;
(2) keep full and accurate minutes of the board's transactions
and procedures;
(3) act as custodian of the board's records;
(4) prepare and recommend to the board plans and procedures
necessary to implement this chapter, including rules and
proposals on administrative procedures consistent with this
chapter;
(5) exercise general supervision over persons employed by the
department in the administration of this chapter;
(6) be responsible for complaint investigations and for
presentation of formal complaints;
(7) attend all board meetings;
(8) manage the board's correspondence;
(9) make or arrange for necessary inspections and
investigations;
(10) obtain or prepare reports and information as directed or
authorized by the board; and
(11) perform other duties prescribed by this chapter and the
department.
(b) The executive secretary is not entitled to vote at board
meetings.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.103. PERSONNEL AND FACILITIES. (a) The department
shall provide the basic personnel and facilities required to
administer this chapter. The department personnel administering
this chapter act as agents of the board.
(b) The department by agreement may secure services the
department considers necessary and may provide for compensation
for those services.
(c) Within available appropriations, the department may employ
and compensate, on a full-time or part-time basis, the
professional consultants, technical assistants, and employees
necessary to administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.104. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the commissioner of public health, the
executive secretary, and the staff of the department.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.331(a), eff.
Sept. 1, 2001.
Sec. 602.105. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The commissioner of public health or the
commissioner's designee shall provide to members of the board, as
often as necessary, information regarding the requirements for
office under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.333(a), eff.
Sept. 1, 2001.
SUBCHAPTER D. BOARD POWERS AND DUTIES
Sec. 602.151. GENERAL POWERS AND DUTIES. The board shall:
(1) adopt and revise, with the department's approval, rules
reasonably necessary to properly perform its duties under this
chapter;
(2) adopt an official seal;
(3) determine the qualifications and fitness of each applicant
for a license or license renewal;
(4) charge a fee, in an amount necessary to cover the costs
incurred by the board in administering this chapter, for
processing and issuing or renewing a license;
(5) conduct examinations for licensure;
(6) issue, deny, renew, revoke, and suspend licenses;
(7) adopt and publish a code of ethics; and
(8) conduct hearings on complaints concerning violations of this
chapter or rules adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.152. CONSUMER INTEREST INFORMATION; COMPLAINTS. (a)
The board shall prepare information of consumer interest
describing the regulatory functions of the board and the
procedures by which complaints are filed with and resolved by the
board.
(b) The board shall maintain a file on each written complaint
filed with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
board closed the file without taking action other than to
investigate the complaint.
(c) The board shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the board's policies and procedures relating to complaint
investigation and resolution.
(d) The board, at least quarterly until final disposition of the
complaint, shall notify the person filing the complaint and each
person who is a subject of the complaint of the status of the
complaint unless the notice would jeopardize an undercover
investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.332(a), eff.
Sept. 1, 2001.
Sec. 602.1521. PUBLIC PARTICIPATION. The board shall develop
and implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the board.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.330(b), eff.
Sept. 1, 2001.
Sec. 602.1525. SUBPOENAS. (a) In an investigation of a
complaint filed with the board, the board may request that the
commissioner of public health or the commissioner's designee
approve the issuance of a subpoena. If the request is approved,
the board may issue a subpoena to compel the attendance of a
relevant witness or the production, for inspection or copying, of
relevant evidence that is in this state.
(b) A subpoena may be served personally or by certified mail.
(c) If a person fails to comply with a subpoena, the board,
acting through the attorney general, may file suit to enforce the
subpoena in a district court in Travis County or in the county in
which a hearing conducted by the board may be held.
(d) On finding that good cause exists for issuing the subpoena,
the court shall order the person to comply with the subpoena. The
court may punish a person who fails to obey the court order.
(e) The board may delegate the authority granted under
Subsection (a) to the executive secretary of the board.
(f) The board shall pay a reasonable fee for photocopies
subpoenaed under this section in an amount not to exceed the
amount the board may charge for copies of its records.
(g) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
(h) All information and materials subpoenaed or compiled by the
board in connection with a complaint and investigation are
confidential and not subject to disclosure under Chapter 552,
Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its agents or employees who are
involved in discipline of the holder of a license, except that
this information may be disclosed to:
(1) persons involved with the board in a disciplinary action
against the holder of a license;
(2) professional medical physics licensing or disciplinary
boards in other jurisdictions;
(3) peer assistance programs approved by the board under Chapter
467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the board against a holder
of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions,
including warnings and reprimands, by the board are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.332(b), eff.
Sept. 1, 2001.
Sec. 602.153. CONTINUING EDUCATION. The board shall recognize,
prepare, or administer continuing education programs for persons
licensed by the board. A license holder must participate in the
programs to the extent required by the board to keep the person's
license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.331(b), eff.
Sept. 1, 2001.
Sec. 602.154. RULES RELATING TO ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a license holder 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 license holder's personal appearance
or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
license holder; or
(4) restricts the license holder's advertisement under a trade
name.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.332(c), eff.
Sept. 1, 2001.
SUBCHAPTER E. LICENSE REQUIREMENTS
Sec. 602.201. LICENSE REQUIRED; SPECIALTY LICENSE. (a) A
person may not practice medical physics without a license.
(b) A medical physicist may not practice the following
specialties unless the person holds a license for that specialty:
(1) diagnostic radiological physics;
(2) medical health physics;
(3) medical nuclear physics; or
(4) therapeutic radiological physics.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.202. EXEMPTIONS FROM LICENSE REQUIREMENT. This chapter
does not apply to:
(1) a practitioner engaged in the performance of radiological
procedures;
(2) a person certified as a medical radiological technologist
practicing under Chapter 601;
(3) a person who performs radiological procedures under a
practitioner's instruction or supervision;
(4) a person performing beam calibration and characterization,
quality assurance, instrument specification, acceptance testing,
shielding design, or protection analysis on radiation-emitting
equipment or radiopharmaceuticals for procedures not involved
with the diagnosis or treatment of a disease or another human
medical or dental condition; or
(5) a person who is:
(A) employed by a state or federal regulatory agency; and
(B) performing duties in the scope of the person's employment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.203. LICENSE APPLICATION. (a) A person may apply for
a license by filing an application with the board.
(b) An application must be on a form prescribed by the board and
must include:
(1) evidence of relevant work experience, including a
description of the duties performed;
(2) an official transcript from the college or university
granting the applicant's degree;
(3) a statement of the medical physics specialty for which the
application is submitted;
(4) three professional references; and
(5) any additional information required by board rule.
(c) The applicant must submit with the application the fee
prescribed by the board.
(d) The board or the executive secretary may require an
applicant to appear before the board or secretary to present
additional information in support of the application.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.204. BOARD CONSIDERATION OF APPLICATION. (a) The
presiding officer of the board shall review each completed
license application received by the board and shall prepare and
circulate among board members a summary of the application and a
recommendation for board action.
(b) The board may reject, approve, or withdraw, or suspend
consideration of, the application until the board receives the
results of an examination taken under Section 602.206.
(c) A license applicant may, before the board issues or renews a
license, request in writing that the board withdraw its
consideration of the application. The board shall retain the
applicant's application and fee. To reapply, the applicant must
submit a new application and fee.
(d) The board by rule shall establish procedures and
requirements for an appeal to review the board's decision on a
license application.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.205. TEMPORARY LICENSE. The board may issue a
temporary license to an applicant who has satisfied the
educational requirements for a license but who has not yet
completed the experience and examination requirements of Section
602.207.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.206. EXAMINATION. (a) The board shall administer a
written examination for a license to qualified applicants at
least two times each year.
(b) Each applicant shall take the examination for the medical
physics specialty requested by the applicant in the license
application.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.207. ELIGIBILITY FOR EXAMINATION. (a) To be eligible
to take an examination for a license, an applicant must:
(1) have a master's or doctoral degree from an accredited
college or university that signifies the completion of courses
approved by the board in physics, medical physics, biophysics,
radiological physics, medical health physics, or equivalent
courses;
(2) have demonstrated, to the board's satisfaction, completion
of at least two years of full-time work experience in the five
years preceding the date of application in the medical physics
specialty for which application is made; and
(3) submit a completed application as required by Section
602.203.
(b) Work experience in more than one specialty must include six
additional months for each additional specialty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.208. EXAMINATION RESULTS; REEXAMINATION. (a) The
board shall notify each examinee of the results of the
examination not later than the 30th day after the date the
examination is administered. If an examination is graded or
reviewed by a national or state testing service, the board shall
notify each examinee of the results of the examination not later
than the 14th day after the date the board receives the results
from the testing service.
(b) If the board learns that the notice of the examination
results will be delayed for more than 90 days after the
examination date, the board shall notify each examinee of the
reason for the delay not later than the 90th day.
(c) If requested by a person who fails the examination, the
board shall provide to the person an analysis of the person's
performance on the examination.
(d) The board by rule shall establish procedures and
requirements for reexamination of an applicant who fails the
examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.209. LICENSE ISSUANCE. (a) The board may issue a
license to an eligible applicant who:
(1) passes the examination under Section 602.206; and
(2) meets all other license requirements.
(b) Not later than the 30th day after the date the board makes a
decision on an application submitted under Section 602.203, the
board shall notify the applicant of the decision.
(c) If the board approves the application, the board shall issue
a license to the applicant. If the board denies the application,
the board shall include in the notice of decision a description
of the areas of deficiency.
(d) Each license issued under this chapter must be uniform,
except that each license must indicate:
(1) the license holder's name;
(2) the serial number assigned to the license holder; and
(3) the medical physics specialty the license holder may
practice.
(e) A license certificate is the board's property and must be
surrendered on demand.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.210. LICENSE TERM AND RENEWAL. (a) A license is valid
for one year from the date granted and may be renewed annually.
(b) The board by rule may adopt a system under which licenses
expire on various dates during the year.
(c) A person may renew an unexpired license by paying the
required renewal fee to the board before the expiration date of
the license.
(d) If a person's license has been expired for 90 days or less,
the person may renew the license by paying to the board the
required renewal fee and a penalty fee in an amount equal to
one-half of the amount of the renewal fee.
(e) If a person's license has been expired for longer than 90
days but less than two years, the person may renew the license by
paying to the board the renewal fee that was due at expiration
and a penalty fee in an amount equal to the amount of the renewal
fee.
(f) If a person's license has been expired for two years or
longer, the person may not renew the license. To obtain a new
license, a person must comply with the application requirements
of this chapter and must submit to the board:
(1) a supplemental experience record as required by the board;
(2) a description of professional activities undertaken during
the expiration period;
(3) a list of current professional references; and
(4) a transcript for any degree or college credit earned since
the person's previous license application.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.211. LICENSE BY ENDORSEMENT OR RECIPROCITY. (a) On
receipt of an application and fee under Section 602.203, the
board may waive any prerequisite for obtaining a license to a
person who holds a license to practice medical or radiological
physics in another state, territory, or jurisdiction acceptable
to the board that has requirements for the licensing of medical
or radiological physicists that are substantially the same as the
requirements of this chapter.
(b) The board may waive any prerequisite for obtaining a license
to practice medical physics in this state for an applicant who
holds a license issued by another jurisdiction with which this
state has a reciprocity agreement. The board may make an
agreement, subject to the approval of the governor, with another
state to allow for licensing by reciprocity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.334(a), eff.
Sept. 1, 2001.
Sec. 602.212. LICENSE HOLDER DUTIES. A license holder shall:
(1) publicly display the license holder's license in an
appropriate manner; and
(2) report immediately to the board any change in the license
holder's address.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.213. PROVISIONAL LICENSE. (a) The board may issue a
provisional license to an applicant currently licensed or
certified in another jurisdiction who seeks a license in this
state and who:
(1) has been licensed or certified in good standing as a
practitioner of medical or radiologic physics 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 medical or radiologic physics;
and
(3) is sponsored by a person licensed by the board under this
chapter with whom the provisional license holder will practice
during the time the person holds a provisional license.
(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 license is valid until the date the board
approves or denies the provisional license holder's application
for a license. The board shall issue a license under this chapter
to the provisional license holder if:
(1) the provisional license holder is eligible to be certified
under Section 602.211; or
(2) the provisional license holder passes the part of the
examination under Section 602.206 that relates to the applicant's
knowledge and understanding of the laws and rules relating to the
practice of medical physics in this state and:
(A) the board verifies that the provisional license holder meets
the academic and experience requirements for a license under this
chapter; and
(B) the provisional license holder satisfies any other licensing
requirements under this chapter.
(d) The board must approve or deny a provisional license
holder's application for a license not later than the 180th day
after the date the provisional license 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 provisional licenses in an
amount reasonable and necessary to cover the cost of issuing the
license.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.335(a), eff.
Sept. 1, 2001.
SUBCHAPTER F. LICENSE DENIAL AND DISCIPLINARY ACTION
Sec. 602.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY ACTION.
The board shall refuse to issue or renew a license, suspend or
revoke a license, or reprimand a license holder for:
(1) obtaining or renewing a license by means of fraud,
misrepresentation, or concealment of a material fact;
(2) having previously applied for or held a license issued by
the licensing authority of another state, territory, or
jurisdiction that was denied, suspended, or revoked by that
licensing authority;
(3) engaging in unprofessional conduct that endangered or is
likely to endanger the health, safety, or welfare of the public
as defined by board rule;
(4) violating this chapter, a lawful order or rule of the board,
or the board's code of ethics; or
(5) being convicted of:
(A) a felony; or
(B) a misdemeanor involving moral turpitude or that directly
relates to the person's duties as a licensed medical physicist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.336(a), eff.
Sept. 1, 2001.
Sec. 602.252. ADMINISTRATIVE PROCEDURE. Chapters 2001 and 2002,
Government Code, and board rules for a contested hearing apply to
a proceeding by the board under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.253. PROBATION. The board may place on probation a
person whose license is suspended. If a license suspension is
probated, the board may require the person to:
(1) report regularly to the department on matters that are the
basis of the probation;
(2) limit practice to the areas prescribed by the board; or
(3) continue or review professional education until the person
attains a degree of skill satisfactory to the board in those
areas that are the basis of the probation.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.336(b), eff.
Sept. 1, 2001.
Sec. 602.254. EMERGENCY SUSPENSION. (a) The board or a
three-member committee of board members designated by the board
shall temporarily suspend the license of a license holder if the
board or committee determines from the evidence or information
presented to it that continued practice by the license holder
would constitute a continuing and imminent threat to the public
welfare.
(b) A license 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. 14, eff. Sept. 1,
2003.
SUBCHAPTER G. ENFORCEMENT
Sec. 602.301. INJUNCTION. The board shall prosecute or file
suit to enjoin a violation of this chapter or a rule adopted
under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 602.3015. CIVIL PENALTY. (a) A person who violates this
chapter or a rule or order adopted by the board under this
chapter is liable for a civil penalty not to exceed $5,000 a day.
(b) At the request of the board, the attorney general shall
bring an action to recover a civil penalty authorized under this
section.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 15, eff. Sept. 1,
2003.
Sec. 602.302. OFFENSE. (a) A person commits an offense if the
person:
(1) practices medical physics without holding a license under
this chapter;
(2) practices a specialty of medical physics without holding a
license for the specialty;
(3) practices medical physics in violation of this chapter; or
(4) uses in any manner letters, terminology, symbols, or signs
to indicate or imply that the person is qualified or licensed to
practice medical physics in a manner for which the person is not
licensed under this chapter.
(b) An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 326, Sec. 16, eff. Sept. 1,
2003.
SUBCHAPTER H. ADMINISTRATIVE PENALTY
Sec. 602.351. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
board may impose an administrative penalty on a person licensed
under this chapter who violates this chapter or a rule or order
adopted under this chapter. A penalty collected under this
subchapter shall be deposited in the state treasury in the
general revenue fund.
(b) A proceeding to impose the penalty is considered to be a
contested case under Chapter 2001, Government Code.
(c) The amount of the penalty may not exceed $500 for each
violation, and each day a violation continues or occurs is a
separate violation for purposes of imposing a penalty. The total
amount of the penalty assessed for a violation continuing or
occurring on separate days under this subsection may not exceed
$2,500.
(d) The amount shall be based on:
(1) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of the violation;
(2) the threat to health or safety caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) whether the violator demonstrated good faith, including,
when applicable, whether the violator made good faith efforts to
correct the violation; and
(6) any other matter that justice may require.
(e) If the executive secretary determines that a violation
occurred, the executive secretary shall give written notice of
the report by certified mail to the person.
(f) The notice under Subsection (e) must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended 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.
(g) Within 20 days after the date the person receives the notice
under Subsection (e), the person in writing may:
(1) accept the determination and recommended penalty of the
executive secretary; or
(2) make a request for a hearing on the occurrence of the
violation, the amount of the penalty, or both.
(h) If the person accepts the determination and recommended
penalty or if the person fails to respond to the notice, the
board by order shall approve the determination and impose the
recommended penalty.
(i) If the person requests a hearing, the board shall refer the
matter to the State Office of Administrative Hearings, which
shall promptly set a hearing date and give written notice of the
time and place of the hearing to the person. An administrative
law judge of the State Office of Administrative Hearings shall
conduct the hearing.
(j) The administrative law judge shall make findings of fact and
conclusions of law and promptly issue to the board a proposal for
a decision about the occurrence of the violation and the amount
of a proposed penalty.
(k) Based on the findings of fact, conclusions of law, and
proposal for a decision, the board by order may determine that:
(1) a violation occurred and impose a penalty; or
(2) a violation did not occur.
(l) The notice of the board's order under Subsection (k) that is
sent to the person in accordance with Chapter 2001, Government
Code, must include a statement of the right of the person to
judicial review of the order.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.337(a), eff.
Sept. 1, 2001.
Sec. 602.352. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
JUDICIAL REVIEW. (a) Within 30 days after the date an order of
the board under Section 602.351(k) that imposes an administrative
penalty becomes final, the person shall:
(1) pay the penalty; or
(2) file a petition for judicial review of the board's order
contesting the occurrence of the violation, the amount of the
penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow
account; or
(B) giving the court a supersedeas bond approved by the court
that is:
(i) for the amount of the penalty; and
(ii) effective until all judicial review of the board's 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) sending a copy of the affidavit to the board by certified
mail.
(c) If the board receives a copy of an affidavit under
Subsection (b)(2), the board may file with the court, within five
days after the date the copy is received, a contest to the
affidavit. 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 or to
give a supersedeas bond.
(d) If the person does not pay the penalty and the enforcement
of the penalty is not stayed, the penalty may be collected. The
attorney general may sue to collect the penalty.
(e) If the court sustains the determination that a violation
occurred, the court may uphold or reduce the amount of the
penalty and order the person to pay the full or reduced amount of
the penalty.
(f) If the court does not sustain the determination that a
violation occurred, the court shall order that a penalty is not
owed.
(g) If the person paid the penalty and if the amount of the
penalty is reduced or the penalty is not upheld by the court, the
court shall order, when the court's judgment becomes final, that
the appropriate amount plus accrued interest be remitted to the
person within 30 days after the date that the judgment of the
court becomes final. The interest accrues 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.
(h) If the person gave a supersedeas bond and the penalty is not
upheld by the court, the court shall order, when the court's
judgment becomes final, the release of the bond. If the person
gave a supersedeas bond and the amount of the penalty is reduced,
the court shall order the release of the bond after the person
pays the reduced amount.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.337(a), eff.
Sept. 1, 2001.