CHAPTER 602. MEDICAL PHYSICISTS

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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;

(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;

(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;

(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

(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.

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.

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.

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.

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.

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;

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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