CHAPTER 601. MEDICAL RADIOLOGIC TECHNOLOGISTS

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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

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.

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.

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.

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.

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.

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.

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.

(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;

(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

(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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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