reglab/housing_qa huggingface dataset:
TX Occ Code § 601.309 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter G. Certificate Denial and Disciplinary Action|Section 601.309. Protection of Patient Identity

Sec. 601.309.  PROTECTION OF PATIENT IDENTITY.  In a disciplinary investigation or proceeding conducted under this chapter, the advisory board shall protect the identity of each patient whose medical records are examined and used in a public proceeding unless the patient:(1)  testifies in the public proceeding; or(2)  submits a written release in regard to the patient's records or identity.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.036, eff. September 1, 2015.|
TX Occ Code § 601.310 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter G. Certificate Denial and Disciplinary Action|Section 601.310. Required Suspension of License of Incarcerated Certificate Holder

Sec. 601.310.  REQUIRED SUSPENSION OF LICENSE OF INCARCERATED CERTIFICATE HOLDER.  Regardless of the offense, the advisory board shall suspend the certificate or approval of a person serving a prison term in a state or federal penitentiary during the term of the incarceration.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.036, eff. September 1, 2015.|
TX Occ Code § 601.311 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter G. Certificate Denial and Disciplinary Action|Section 601.311. Informal Proceedings

Sec. 601.311.  INFORMAL PROCEEDINGS.  (a)  The advisory board by rule shall adopt procedures governing:(1)  informal disposition of a contested case under Section 2001.056, Government Code; and(2)  informal proceedings held in compliance with Section 2001.054, Government Code.(b)  Rules adopted under this section must require that:(1)  an informal meeting in compliance with Section 2001.054, Government Code, be scheduled and the advisory board give notice to the person who is the subject of a complaint of the time and place of the meeting not later than the 45th day before the date the meeting is held;(2)  the complainant and the person who is the subject of the complaint be provided an opportunity to be heard;(3)  at least one of the advisory board members participating in the informal meeting as a panelist be a member who represents the public;(4)  a member of the medical board's staff be at the meeting to present to the advisory board's representative the facts the staff reasonably believes it could prove by competent evidence or qualified witnesses at a hearing; and(5)  the advisory board's legal counsel or a representative of the attorney general be present to advise the advisory board or the medical board's staff.(c)  The person who is the subject of the complaint is entitled to:(1)  reply to the staff's presentation; and(2)  present the facts the person reasonably believes the person could prove by competent evidence or qualified witnesses at a hearing.(d)  After ample time is given for the presentations, the advisory board representative shall recommend that the investigation be closed or shall attempt to mediate the disputed matters and make a recommendation regarding the disposition of the case in the absence of a hearing under applicable law concerning contested cases.(e)  If the person who is the subject of the complaint has previously been the subject of disciplinary action by the advisory board, the advisory board shall schedule the informal meeting as soon as practicable.(f)  Section 601.275 applies to an investigation file and investigative information in the possession of or used by the advisory board in an informal proceeding under this section.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.036, eff. September 1, 2015.|
TX Occ Code § 601.312 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter G. Certificate Denial and Disciplinary Action|Section 601.312. Advisory Board Representation in Informal Proceedings

Sec. 601.312.  ADVISORY BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.  (a)  In an informal meeting under Section 601.311, at least two panelists shall be appointed to determine whether an informal disposition is appropriate.(b)  Notwithstanding Subsection (a) and Section 601.311(b)(3), an informal proceeding may be conducted by one panelist if the person who is the subject of the complaint waives the requirement that at least two panelists conduct the informal proceeding.  If the person waives that requirement, the panelist may be any member of the advisory board.(c)  Except as provided by Subsection (d), the panel requirements described by Subsections (a) and (b) apply to an informal proceeding conducted by the advisory board under Section 601.311, including a proceeding to:(1)  consider a disciplinary case to determine if a violation has occurred; or(2)  request modification or termination of an order.(d)  The panel requirements described by Subsections (a) and (b) do not apply to an informal proceeding conducted by the advisory board under Section 601.311 to show compliance with an order of the advisory board.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.036, eff. September 1, 2015.|
TX Occ Code § 601.314 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter G. Certificate Denial and Disciplinary Action|Section 601.314. Limit on Access to Investigation Files

Sec. 601.314.  LIMIT ON ACCESS TO INVESTIGATION FILES.  The advisory board shall prohibit or limit access to an investigation file relating to a person subject to an informal proceeding in the manner provided by Sections 164.007(c) and 601.275.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.036, eff. September 1, 2015.|
TX Occ Code § 601.315 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter G. Certificate Denial and Disciplinary Action|Section 601.315. Refund

Sec. 601.315.  REFUND.  (a)  Subject to Subsection (b), the advisory board may order a certificate holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under Subchapter H.(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the certificate holder for a service regulated by this chapter.  The advisory board may not require payment of other damages or estimate harm in a refund order.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.036, eff. September 1, 2015.|
TX Occ Code § 601.316 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter G. Certificate Denial and Disciplinary Action|Section 601.316. Expert Immunity

Sec. 601.316.  EXPERT IMMUNITY.  An expert who assists the advisory board is immune from suit and judgment and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding, or other action taken in the course of assisting the advisory board in a disciplinary proceeding.  The attorney general shall represent the expert in any suit resulting from a service provided by the person in good faith to the advisory board.|Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.036, eff. September 1, 2015.|
TX Occ Code § 601.351 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.351. Imposition of Penalty

Sec. 601.351.  IMPOSITION OF PENALTY.  The advisory board 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.037, eff. September 1, 2015.|
TX Occ Code § 601.352 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.352. Amount of Penalty

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.|
TX Occ Code § 601.353 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.353. Notice of Violation and Penalty

Sec. 601.353.  NOTICE OF VIOLATION AND PENALTY.  (a)  If, after investigating a possible violation and the facts surrounding that possible violation, the advisory board determines that a violation occurred, the advisory board 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.038, eff. September 1, 2015.|
TX Occ Code § 601.354 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.354. Penalty to Be Paid or Hearing Requested

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 determination, including the proposed administrative penalty; or(2)  make a written request for a hearing on that determination.(b)  If the person accepts the determination, the advisory board by order shall approve the determination and impose the proposed penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.144, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.039, eff. September 1, 2015.|
TX Occ Code § 601.355 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.355. Hearing

Sec. 601.355.  HEARING.  (a)  If the person timely requests a hearing, the advisory board 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 advisory board 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.145, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.040, eff. September 1, 2015.|
TX Occ Code § 601.356 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.356. Decision by Advisory Board

Sec. 601.356.  DECISION BY ADVISORY BOARD.  (a)  Based on the findings of fact and conclusions of law and the recommendations of the hearings examiner, the advisory board 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 advisory board 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.147, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.041, eff. September 1, 2015.|
TX Occ Code § 601.357 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.357. Options Following Decision: Pay or Appeal

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 advisory board by certified mail.(c)  If the advisory board receives a copy of an affidavit as provided by Subsection (b)(2), the advisory board  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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.042, eff. September 1, 2015.|
TX Occ Code § 601.358 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.358. Collection of Penalty

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 advisory board may refer the matter to the attorney general for collection.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.043, eff. September 1, 2015.|
TX Occ Code § 601.359 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.359. Determination by Court

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.|
TX Occ Code § 601.360 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.360. Remittance of Penalty and Interest

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 advisory board 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 advisory board 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.044, eff. September 1, 2015.|
TX Occ Code § 601.361 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.361. Expenses and Costs

Sec. 601.361.  EXPENSES AND COSTS.  (a)  In this section, "reasonable expenses and costs" includes expenses incurred by the advisory board 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 advisory board 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 advisory board requiring the payment of expenses and costs is final.  The advisory board may refer the matter to the attorney general for collection of the expenses and costs.(c)  If the attorney general brings an action against a person to enforce an administrative penalty assessed under this chapter and the person is found liable for an administrative penalty, the attorney general may recover, on behalf of the attorney general and the advisory board, reasonable expenses and costs.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.148, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.045, eff. September 1, 2015.|
TX Occ Code § 601.362 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter H. Administrative Penalty|Section 601.362. Administrative Procedure

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.|
TX Occ Code § 601.401 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter I. Enforcement and Other Penalty Provisions|Section 601.401. Injunction; Civil Penalty

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 advisory board may bring an action to enjoin the continued or threatened violation.(b)  A person who violates this chapter or a rule adopted under this chapter is subject to a civil penalty in an amount not to exceed $1,000 for each day of violation.(c)  At the request of the advisory board, the attorney general shall bring an action in the name of the state for the injunctive relief, to recover the civil penalty, or both.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.149, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.046, eff. September 1, 2015.|
TX Occ Code § 601.402 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 601 - Medical Radiologic Technologists|Subchapter I. Enforcement and Other Penalty Provisions|Section 601.402. Criminal Offenses

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 advisory board;(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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.047, eff. September 1, 2015.|
TX Occ Code § 602.001 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle K - Professions Related to Use of Certain Medical Equipment|Chapter 602 - Medical Physicists|Subchapter A. General Provisions|Section 602.001. Short Title

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.|