reglab/statecodes huggingface dataset:
2023 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 601.306. Emergency Suspension

Sec. 601.306.  EMERGENCY SUSPENSION.  (a)  The presiding officer of the advisory board shall appoint a three-member disciplinary panel consisting of advisory board members to determine whether a certificate should be temporarily suspended.
(a-1)  The disciplinary panel shall temporarily suspend the certificate of a certificate holder if the panel determines from the evidence or information presented to it that continued practice by the certificate holder would constitute a continuing 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 advisory board simultaneously with the temporary suspension; and
(2)  a hearing is held as soon as practicable under this chapter and Chapter 2001, Government Code.
(c)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening of the panel at one location is inconvenient for any member of the panel.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 13, eff. Sept. 1, 2003.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.036, eff. September 1, 2015.
2023 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 601.307. Delegation of Certain Complaint Dispositions

Sec. 601.307.  DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.  (a)  The advisory board may delegate to a committee of medical board employees the authority to dismiss or enter into an agreed settlement of a complaint that does not relate directly to patient care or that involves only administrative violations.  The disposition determined by the committee must be approved by the advisory board at a public meeting.
(b)  A complaint delegated under this section shall be referred for an informal proceeding under Section 601.311 if:
(1)  the committee of employees determines that the complaint should not be dismissed or settled;
(2)  the committee is unable to reach an agreed settlement; or
(3)  the affected person requests that the complaint be referred for an informal proceeding.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.036, eff. September 1, 2015.
2023 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 601.308. Subpoena

Sec. 601.308.  SUBPOENA.  (a)  The executive director of the medical board, the director's designee, or the secretary-treasurer of the medical board may issue a subpoena or subpoena duces tecum for the advisory board:
(1)  to conduct an investigation or a contested proceeding related to:
(A)  alleged misconduct by a certificate holder or a person approved under Section 601.054 or 601.055;
(B)  an alleged violation of this chapter or other law related to radiologic technology; or
(C)  the provision of health care under this chapter; or
(2)  for purposes of determining whether to issue, suspend, restrict, or revoke a certificate or approval under this chapter.
(b)  Failure to timely comply with a subpoena issued under this section is a ground for:
(1)  disciplinary action by the advisory board or another licensing or regulatory agency with jurisdiction over the person subject to the subpoena; and
(2)  denial of an application for certification or approval.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.036, eff. September 1, 2015.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter B. Medical Physicist Licensure Advisory Committee › Section 602.051. Advisory Committee

Sec. 602.051.  ADVISORY COMMITTEE.  (a)  The advisory committee is an informal advisory committee to the medical board and is not subject to Chapter 2110, Government Code.
(b)  The advisory committee has no independent rulemaking authority.
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. 2.050, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter B. Medical Physicist Licensure Advisory Committee › Section 602.052. Appointment of Advisory Committee

Sec. 602.052.  APPOINTMENT OF ADVISORY COMMITTEE.  (a)  The advisory committee consists of seven members appointed by the president of the medical board as follows:
(1)  four medical physicists licensed in this state who each have at least five years of experience as a medical physicist;
(2)  two physicians licensed in this state who each have at least five years of clinical experience related to medical physics; and
(3)  one member who represents the public.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(7), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(7), eff. September 1, 2015.
(d)  Appointments to the advisory committee 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.051, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.052, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.197(7), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter B. Medical Physicist Licensure Advisory Committee › Section 602.053. Public Member Eligibility

Sec. 602.053.  PUBLIC MEMBER ELIGIBILITY.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(8), eff. September 1, 2015.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(8), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(8), eff. September 1, 2015.
(d)  An advisory committee member representing the public must be a resident of this state for a period of not less than four years preceding appointment.  A person may not be a member of the advisory committee representing the public if the person or the person's spouse:
(1)  is registered, certified, or licensed by a regulatory agency in a health care profession;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the medical 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 medical board; or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the medical board other than compensation or reimbursement authorized by law for medical 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.053, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.054, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.197(8), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter B. Medical Physicist Licensure Advisory Committee › Section 602.054. Membership Restrictions

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 advisory committee if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of medicine; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of medicine.
(c)  A person may not serve as a member of the advisory committee if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the advisory committee or medical 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.055, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter B. Medical Physicist Licensure Advisory Committee › Section 602.055. Terms; Vacancy

Sec. 602.055.  TERMS; VACANCY.  (a)  Members of the advisory committee serve two-year terms.  The terms of the members expire on February 1 of each odd-numbered year.
(b)  A person is not eligible to serve more than two consecutive full terms.
(c)  If a vacancy occurs during a member's term, the president of the medical board shall appoint a person to serve for the unexpired term.
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. 2.056, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter B. Medical Physicist Licensure Advisory Committee › Section 602.056. Grounds for Removal

Sec. 602.056.  GROUNDS FOR REMOVAL.
(a)  It is a ground for removal from the advisory committee that a member:
(1)  does not have at the time of appointment the qualifications required by Section 602.052 for appointment to the advisory committee;
(2)  does not maintain during service on the advisory committee the qualifications required by Section 602.052 for appointment to the advisory committee;
(3)  is ineligible for membership under Section 602.053(d) or Section 602.054; or
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term.
(b)  The validity of an action of the advisory committee is not affected by the fact that it is taken while a ground for removal of a member of the advisory committee exists.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(9), eff. September 1, 2015.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.151, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.057, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.197(9), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter B. Medical Physicist Licensure Advisory Committee › Section 602.057. Compensation

Sec. 602.057.  COMPENSATION.  A member of the advisory committee 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 advisory committee.
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. 2.058, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter B. Medical Physicist Licensure Advisory Committee › Section 602.058. Advisory Committee Officers; Meetings

Sec. 602.058.  ADVISORY COMMITTEE OFFICERS; MEETINGS.  (a)  The president of the medical board shall biennially designate a member of the advisory committee as the presiding officer of the advisory committee to serve in that capacity at the will of the president.  The advisory committee may elect from its members additional officers as necessary.
(b)  The advisory committee shall meet as requested by the medical board.  A meeting may be held by telephone conference call.
(c)  Except as otherwise provided by this chapter, the advisory committee is subject to Chapters 551, 552, and 2001, Government Code.
(d)  A majority of the advisory committee members constitutes a quorum for all purposes except when advisory committee members are participating in a proceeding of the medical board as described by Section 602.151(b).
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.059, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter D. Medical Board Powers and Duties › Section 602.151. General Powers and Duties

Sec. 602.151.  GENERAL POWERS AND DUTIES.  (a)  The medical board shall:
(1)  adopt rules reasonably necessary to properly perform its duties under this chapter, including:
(A)  procedural rules governing investigations, informal hearings, the issuance of cease and desist orders, and disciplinary sanctions; and
(B)  rules governing character and conduct for applicants or license holders and fitness to practice medical physics in this state;
(2)  establish qualifications for a medical physicist to practice in this state and the fitness of each applicant for a license or license renewal;
(3)  establish minimum education and training requirements necessary for a license under this chapter;
(4)  establish requirements for examinations for licensure;
(5)  prescribe the application form for a license under this chapter;
(6)  issue, deny, renew, revoke, cancel, restrict, suspend, or accept the surrender of a license;
(7)  charge fees that are reasonable and necessary to cover the costs of administering this chapter;
(8)  conduct informal hearings concerning violations of this chapter or rules adopted under this chapter;
(9)  issue disciplinary sanctions, including agreed orders and non-disciplinary remedial plans; and
(10)  establish procedures for making a confidential referral to the Texas Physician Health Program established under Chapter 167, and for requiring participation in the program as a prerequisite for issuing or maintaining a license under this chapter.
(b)  The medical board may include any member of the advisory committee in a proceeding of the medical board related to a power or duty described by Subsection (a) if the medical board considers the expertise of the advisory committee member to be beneficial in the proceeding.
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. 5.155, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.061, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter D. Medical Board Powers and Duties › Section 602.152. Consumer Interest Information; Complaints

Sec. 602.152.  CONSUMER INTEREST INFORMATION; COMPLAINTS.  (a)  The medical board shall prepare information of consumer interest describing the regulatory functions of the medical board and the procedures by which complaints are filed with and resolved by the medical board.
(b)  The medical board shall maintain a file on each written complaint filed with the medical board.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the medical 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 medical board closed the file without taking action other than to investigate the complaint.
(c)  The medical board shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the medical board's policies and procedures relating to complaint investigation and resolution.
(d)  The medical 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.062, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter D. Medical Board Powers and Duties › Section 602.1521. Public Participation

Sec. 602.1521.  PUBLIC PARTICIPATION.  The medical board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the medical board and to speak on any issue relating to medical physicists.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.330(b), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.063, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter D. Medical Board Powers and Duties › Section 602.153. Continuing Education

Sec. 602.153.  CONTINUING EDUCATION.  The medical board shall recognize, prepare, or administer continuing education programs for persons licensed under this chapter.  A license holder must participate in the programs to the extent required by the medical 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.066, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter D. Medical Board Powers and Duties › Section 602.154. Rules Relating to Advertising or Competitive Bidding

Sec. 602.154.  RULES RELATING TO ADVERTISING OR COMPETITIVE BIDDING.  (a)  The medical 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 medical 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.067, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter D. Medical Board Powers and Duties › Section 602.156. Rules on Consequences of Criminal Conviction

Sec. 602.156.  RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.  The medical board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this chapter are stricter than the requirements of Chapter 53.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.068, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter E. License Requirements › Section 602.201. License Required; Specialty License

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter E. License Requirements › Section 602.202. Exemptions From License Requirement

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 602 - Medical Physicists › Subchapter E. License Requirements › Section 602.203. License Application

Sec. 602.203.  LICENSE APPLICATION.  (a)  A person may apply for a license by filing an application with the medical board.
(b)  An application must be on a form prescribed by the medical 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 medical board rule.
(c)  The applicant must submit with the application the fee prescribed by the medical board.
(d)  The medical board may require an applicant to appear before the medical board to present additional information in support of the application.
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. 2.069, eff. September 1, 2015.