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 C. Certification Requirements › Section 601.1031. Criminal History Record Information Requirement for Registration

Sec. 601.1031.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR REGISTRATION.  (a)  The advisory board shall require that an applicant for a certificate submit a complete and legible set of fingerprints, on a form prescribed by the advisory board, to the advisory board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The advisory board may not issue a certificate to a person who does not comply with the requirement of Subsection (a).
(c)  The advisory board shall conduct a criminal history check of each applicant for a certificate using information:
(1)  provided by the individual under this section; and
(2)  made available to the advisory board by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The advisory board may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history check.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.016, 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 C. Certification Requirements › Section 601.104. Examination

Sec. 601.104.  EXAMINATION.  (a)  The advisory board may adopt rules providing for the preparation and administration of an examination for applicants for a certificate.
(b)  An applicant for a certificate must pass a jurisprudence examination approved by the advisory board.
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. 5.131, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.017, 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 C. Certification Requirements › Section 601.1041. Notification of Examination Results

Sec. 601.1041.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not later than the 30th day after the date a person takes an examination for a certificate under this chapter, the advisory board shall notify the person of the results of the examination.
(b)  If the examination is graded or reviewed by a testing service, the advisory board shall notify the person of the results of the examination not later than the 14th day after the date the advisory board receives the results from the testing service.  If notice of the examination results will be delayed for longer than 90 days after the examination date, the advisory board shall notify the person of the reason for the delay before the 90th day.
(c)  The advisory board may require a testing service to notify a person of the results of the person's examination.
(d)  If requested in writing by a person who fails an examination for a certificate administered under this chapter, the advisory board shall furnish the person with an analysis of the person's performance on the examination.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.323(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.018, 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 C. Certification Requirements › Section 601.105. Issuance of Certificate; Term

Sec. 601.105.  ISSUANCE OF CERTIFICATE; TERM.  (a)  The advisory board shall issue a certificate to an applicant who:
(1)  meets the minimum standards for certification established under Section 601.052;
(2)  passes the required examinations;
(3)  complies with the criminal history record information requirement of Section 601.1031;
(4)  submits an application on a form prescribed by the advisory board;
(5)  pays the required application fee;
(6)  certifies that the applicant is mentally and physically able to perform radiologic procedures; and
(7)  submits to the advisory board any other information the advisory board considers necessary to evaluate the applicant's qualifications.
(b)  A certificate is valid for two years from the date of issuance.
(c)  The advisory board may delegate authority to medical board employees to issue certificates under this chapter to applicants who clearly meet all certification requirements.  If the medical board employees determine that the applicant does not clearly meet all certification requirements, the application must be returned to the advisory board.  A certificate issued under this subsection does not require formal advisory board approval.
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. 5.132, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.133, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.019, 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 C. Certification Requirements › Section 601.106. Transfer of Certificate Prohibited

Sec. 601.106.  TRANSFER OF CERTIFICATE PROHIBITED.  A certificate issued under this chapter is not transferable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 C. Certification Requirements › Section 601.107. Certification by Endorsement

Sec. 601.107.  CERTIFICATION BY ENDORSEMENT.  In adopting minimum standards for certifying medical radiologic technologists, the advisory board may establish criteria for issuing a certificate to a person licensed or otherwise registered as a medical radiologic technologist by the American Registry of Radiologic Technologists, the American Registry of Clinical Radiography Technologists, or another state whose requirements for licensure or registration were on the date of licensing or registration substantially equal to the requirements of this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.134, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.020, 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 C. Certification Requirements › Section 601.108. Continuing Education and Other Guidelines

Sec. 601.108.  CONTINUING EDUCATION AND OTHER GUIDELINES.  (a)  The advisory board may establish guidelines.
(b)  The advisory board shall provide for the preparation, recognition, or administration of continuing education programs for medical radiologic technologists in which participation is required, to the extent required by the advisory board, to keep the person's certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.324(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.135, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.021, 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 C. Certification Requirements › Section 601.109. Provisional Certificate

Sec. 601.109.  PROVISIONAL CERTIFICATE.  (a)  The advisory board may issue a provisional certificate to an applicant currently licensed or certified in another jurisdiction who seeks certification in this state and who:
(1)  has been licensed or certified in good standing as a medical radiologic technologist for at least two years in another jurisdiction, including a foreign country, that has licensing or certification requirements substantially equivalent to the requirements of this chapter;
(2)  has passed a national or other examination recognized by the advisory board relating to the practice of radiologic technology; and
(3)  is sponsored by a medical radiologic technologist certified by the advisory board under this chapter with whom the provisional certificate holder will practice during the time the person holds a provisional certificate.
(b)  The advisory board may waive the requirement of Subsection (a)(3) for an applicant if the advisory board determines that compliance with that subsection would be a hardship to the applicant.
(c)  A provisional certificate is valid until the date the advisory board approves or denies the provisional certificate holder's application for a certificate.  The advisory board shall issue a certificate under this chapter to the provisional certificate holder if:
(1)  the provisional certificate holder is eligible to be certified under Section 601.107; or
(2)  the provisional certificate holder passes the part of the examination under Section 601.104 that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of radiologic technology in this state and:
(A)  the advisory board verifies that the provisional certificate holder meets the academic and experience requirements for a certificate under this chapter; and
(B)  the provisional certificate holder satisfies any other licensing requirements under this chapter.
(d)  The advisory board must approve or deny a provisional certificate holder's application for a certificate not later than the 180th day after the date the provisional certificate is issued.  The advisory board may extend the 180-day period if the results of an examination have not been received by the advisory board before the end of that period.
(e)  The advisory board by rule may establish a fee for a provisional certificate in an amount reasonable and necessary to cover the cost of issuing the certificate.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.325(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.136, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.022, 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 C. Certification Requirements › Section 601.110. Certificate Expiration

Sec. 601.110.  CERTIFICATE EXPIRATION.  (a)  Not later than the 30th day before the date a person's certificate is scheduled to expire, the advisory board shall send written notice of the impending expiration to the person at the person's last known address according to the records of the advisory board.
(b)  The advisory board by rule may adopt a system under which certificates expire on various dates during the year.  For the year in which the certificate expiration date is changed, the advisory board shall prorate certificate fees on a monthly basis so that each certificate holder pays only that portion of the certificate fee that is allocable to the number of months during which the certificate is valid.  On renewal of the certificate on the new expiration date, the total certificate renewal fee is payable.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.323(b), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.137, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.023, 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 C. Certification Requirements › Section 601.111. Certificate Renewal

Sec. 601.111.  CERTIFICATE RENEWAL.  (a)  On notification from the advisory board, a person who is otherwise eligible to renew a certificate may renew an unexpired certificate by:
(1)  paying the required renewal fee to the advisory board before the expiration date of the certificate;
(2)  submitting the appropriate form; and
(3)  meeting any other requirement established by advisory board rule.
(a-1)  A person whose certificate has expired may not engage in activities that require a certificate until the certificate has been renewed.
(b)  A person whose certificate has been expired for 90 days or less may renew the certificate by paying to the advisory board a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(c)  A person whose certificate has been expired for more than 90 days but less than one year may renew the certificate by paying to the advisory board a renewal fee that is equal to two times the normally required renewal fee.
(d)  A person whose certificate has been expired for one year or more may not renew the certificate.  The person may obtain a new certificate by complying with the requirements and procedures, including the examination requirements, for an original certificate.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.323(c), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.024, 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 C. Certification Requirements › Section 601.1111. Criminal History Record Information Requirement for Renewal

Sec. 601.1111.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.  (a)  An applicant for renewal of a certificate shall submit a complete and legible set of fingerprints for purposes of performing a criminal history check of the applicant as provided by Section 601.1031.
(b)  The advisory board may not renew the certificate of a person who does not comply with the requirement of Subsection (a).
(c)  A certificate holder is not required to submit fingerprints under this section for the renewal of the certificate if the holder has previously submitted fingerprints under:
(1)  Section 601.1031 for the initial issuance of the certificate of registration; or
(2)  this section as part of a prior renewal of a certificate of registration.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.025, 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 C. Certification Requirements › Section 601.112. Renewal of Certificate by Out-of-State Person

Sec. 601.112.  RENEWAL OF CERTIFICATE BY OUT-OF-STATE PERSON.  (a)  A person who held a certificate in this state, moved to another state, and currently holds a certificate or license and has been in practice in the other state for the two years preceding the date of application may obtain a new certificate without reexamination.
(b)  The person must pay to the advisory board a fee that is equal to two times the normally required renewal fee for the certificate.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.323(c), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.026, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.027, 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 C. Certification Requirements › Section 601.113. Refusal for Violation of Board Order

Sec. 601.113.  REFUSAL FOR VIOLATION OF BOARD ORDER.  The advisory board may refuse to renew a certificate issued under this chapter if the certificate holder is in violation of an advisory board order.
Added by Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 8, eff. September 1, 2017.
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 D. Exemptions From Certification and Registration Requirements › Section 601.151. Practitioners

Sec. 601.151.  PRACTITIONERS.  A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure if the person is a practitioner and performs the procedure in the course and scope of the profession for which the person holds a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 D. Exemptions From Certification and Registration Requirements › Section 601.152. Person Supervised by Practitioner

Sec. 601.152.  PERSON SUPERVISED BY PRACTITIONER.  A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure if:
(1)  the person performs the procedure under the instruction or direction of a practitioner;  and
(2)  the person and the practitioner comply with rules adopted under Section 601.252.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 D. Exemptions From Certification and Registration Requirements › Section 601.153. Person Supervised by Dentist

Sec. 601.153.  PERSON SUPERVISED BY DENTIST.  A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure if:
(1)  the procedure is performed under the supervision of a dentist;  and
(2)  the person:
(A)  is registered with the State Board of Dental Examiners;  and
(B)  complies with rules adopted by that board under Section 601.252.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 D. Exemptions From Certification and Registration Requirements › Section 601.154. Hospital Procedures

Sec. 601.154.  HOSPITAL PROCEDURES.  A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure in a hospital if:
(1)  the hospital participates in the federal Medicare program or is accredited by the Joint Commission on Accreditation of Hospitals; and
(2)  the person has completed a training program approved by the advisory board under Section 601.201.
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. 5.138, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.028, 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 D. Exemptions From Certification and Registration Requirements › Section 601.155. Students

Sec. 601.155.  STUDENTS.  A person is not required to hold a certificate issued under this chapter if the person:
(1)  is a student enrolled in a training program that meets the minimum standards adopted under Section 601.201; and
(2)  is performing a radiologic procedure in an academic or clinical setting as part of the training program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 9, eff. September 1, 2017.
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 D. Exemptions From Certification and Registration Requirements › Section 601.156. Procedure Performed as Part of Continuing Education Program

Sec. 601.156.  PROCEDURE PERFORMED AS PART OF CONTINUING EDUCATION PROGRAM.  A person is not required to hold a certificate issued under this chapter if the person is:
(1)  licensed or otherwise registered as a medical radiologic technologist by another state, the American Registry of Radiologic Technologists, the American Registry of Clinical Radiography Technologists, or a professional organization or association recognized by the advisory board;
(2)  enrolled in a continuing education program that meets the requirements adopted under Section 601.108; and
(3)  performing a radiologic procedure as part of the continuing education program for not more than 10 days.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.139, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.029, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 10, eff. September 1, 2017.
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 D. Exemptions From Certification and Registration Requirements › Section 601.157. Person Supervised by Podiatrist

Sec. 601.157.  PERSON SUPERVISED BY PODIATRIST.  A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure if:
(1)  the procedure is performed under the supervision of a podiatrist; and
(2)  the person:
(A)  is registered with the Texas Department of Licensing and Regulation to assist a podiatrist; and
(B)  complies with rules adopted under Section 601.252(e).
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 8.006, eff. September 1, 2019.
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 E. Mandatory Training for Certain Authorized Persons › Section 601.201. Mandatory Training

Sec. 601.201.  MANDATORY TRAINING.  (a)  The minimum standards of the advisory board for approval of a curriculum or an education program under Section 601.052 must include mandatory training guidelines for a person, other than a practitioner, medical radiologic technologist, registered nurse, or licensed physician assistant, who intentionally uses radiologic technology, including a person who does not hold a certificate issued under this chapter and who is performing a radiologic procedure at a hospital or under the direction of a practitioner, other than a dentist.
(b)  The training program approved by the advisory board must contain an appropriate number of hours of education that must be completed before the person may perform a radiologic procedure.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.140, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.030, 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 E. Mandatory Training for Certain Authorized Persons › Section 601.202. Registry

Sec. 601.202.  REGISTRY.  The advisory board by rule shall establish a registry of persons required to comply with this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.141, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.030, 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 E. Mandatory Training for Certain Authorized Persons › Section 601.203. Hardship Exemption

Sec. 601.203.  HARDSHIP EXEMPTION.  (a)  On application to the advisory board by a hospital, a federally qualified health center as defined by 42 U.S.C. Section 1396d, or a practitioner, the advisory board shall exempt the applicant from the requirements of Section 601.201 in employing a person certified under this chapter or trained as required by Section 601.201 if the applicant shows a hardship in employing a person certified under this chapter or trained as required by Section 601.201.
(b)  The following conditions are considered to be a hardship for the purposes of Subsection (a):
(1)  that the applicant:
(A)  reports an inability to attract and retain medical radiologic technologists; and
(B)  is located in a county with a population of less than 50,000;
(2)  that the applicant is located at a great distance from a school of medical radiologic technology;
(3)  that there is a list of qualified persons who have applied to a school of medical radiologic technology whose admissions are pending because of a lack of faculty or space;
(4)  that the school of medical radiologic technology produces an insufficient number of graduates in medical radiologic technology to meet the needs of the applicant; or
(5)  any other criteria determined by advisory board rule.
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. 2.030, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 11, eff. September 1, 2017.
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 F. Other Licensing Agencies; Rulemaking and Registration Requirements › Section 601.251. Applicability

Sec. 601.251.  APPLICABILITY.  This subchapter applies to the:
(1)  Texas Board of Nursing;
(2)  Texas Board of Chiropractic Examiners;
(3)  State Board of Dental Examiners;
(4)  Texas Medical Board;
(5)  Texas Department of Licensing and Regulation, with respect to the department's authority to regulate podiatrists; and
(6)  Texas Physician Assistant Board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 48, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.031, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 19.020, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 8.007, eff. September 1, 2019.
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 F. Other Licensing Agencies; Rulemaking and Registration Requirements › Section 601.252. Requirement to Adopt Rules

Sec. 601.252.  REQUIREMENT TO ADOPT RULES.  (a)  Each agency subject to this subchapter, other than the Texas Board of Nursing and the Texas Physician Assistant Board, shall adopt rules to regulate the manner in which a person who holds a license issued by the agency may order, instruct, or direct another authorized person in the performance of a radiologic procedure.
(b)  Rules adopted under Subsection (a) must allow a practitioner the right to delegate certain designated radiologic procedures to a person not certified under this chapter if the delegation is allowed by the regulatory board that licenses the practitioner.
(c)  Rules adopted under this section by the State Board of Dental Examiners must:
(1)  require an authorized person who performs radiologic procedures under the delegation of a dentist, other than a registered nurse, to register with the dental board;
(2)  establish reasonable and necessary fees to cover the administrative costs incurred by the dental board in administering a registration program created under this subsection;
(3)  establish grounds for the suspension, revocation, or nonrenewal of a registration issued under this subsection; and
(4)  establish standards, in addition to those required by this chapter, for training and supervising the operators of the equipment.
(d)  In adopting rules under Subsection (c), the State Board of Dental Examiners may take into account whether the radiologic procedure will be performed by a registered nurse.
(e)  Rules adopted under this section by the Texas Commission of Licensing and Regulation must:
(1)  require an authorized person who performs radiologic procedures under the delegation of a podiatrist, other than a registered nurse, to register with the Texas Department of Licensing and Regulation;
(2)  establish reasonable and necessary fees to cover the administrative costs incurred by the Texas Department of Licensing and Regulation in administering a registration program created under this subsection;
(3)  establish grounds for the suspension, revocation, or nonrenewal of a registration issued under this subsection; and
(4)  establish standards for training and supervising the operators of podiatric equipment, including standards for curricula and instructors.
(f)  In adopting rules under Subsection (e), the Texas Commission of Licensing and Regulation may take into account whether the radiologic procedure will be performed by a registered nurse.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 49, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.032, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 12, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 8.008, eff. September 1, 2019.
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 F. Other Licensing Agencies; Rulemaking and Registration Requirements › Section 601.253. Texas Board of Nursing

Sec. 601.253.  TEXAS BOARD OF NURSING.  (a)  The Texas Board of Nursing shall adopt rules governing registered nurses performing radiologic procedures under Section 601.151 or 601.154, including rules:
(1)  establishing mandatory training guidelines; and
(2)  requiring registered nurses performing radiologic procedures under Section 601.151 to register with the Texas Board of Nursing and to identify the practitioner ordering the procedures.
(b)  The Texas Board of Nursing shall notify the agency licensing the practitioner that the nurse has registered under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 50, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.033, 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 F. Other Licensing Agencies; Rulemaking and Registration Requirements › Section 601.254. Texas Physician Assistant Board

Sec. 601.254.  TEXAS PHYSICIAN ASSISTANT BOARD.  (a)  The Texas Physician Assistant Board shall adopt rules governing licensed physician assistants performing radiologic procedures under Section 601.151 or 601.154, including rules:
(1)  establishing mandatory training guidelines; and
(2)  requiring licensed physician assistants performing radiologic procedures under Section 601.151 to register with the Texas Physician Assistant Board and to identify the practitioner ordering the procedures.
(b)  The Texas Physician Assistant Board shall notify the agency licensing the practitioner that the physician assistant has registered under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.034, 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 F. -1. Complaints and Investigative Information › Section 601.271. Complaint Information and Status

Sec. 601.271.  COMPLAINT INFORMATION AND STATUS.  (a)  The advisory board shall maintain a system to promptly and efficiently act on complaints filed with the advisory board.  The advisory board shall maintain:
(1)  information about the parties to the complaint and the subject matter of the complaint;
(2)  a summary of the results of the review or investigation of the complaint; and
(3)  information about the disposition of the complaint.
(b)  The advisory board shall make information available describing its procedures for complaint investigation and resolution.
(c)  If a written complaint is filed with the advisory board relating to a certificate holder or a person approved under Section 601.054 or 601.055, the advisory board, as often as quarterly and until final determination of the action to be taken on the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an active investigation.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.035, 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 F. -1. Complaints and Investigative Information › Section 601.272. Conduct of Investigation

Sec. 601.272.  CONDUCT OF INVESTIGATION.  The advisory board shall complete a preliminary investigation of a complaint filed with the advisory board not later than the 45th day after the date of receiving the complaint.  The advisory board shall first determine whether the person constitutes a continuing threat to the public welfare.  On completion of the preliminary investigation, the advisory board shall determine whether to officially proceed on the complaint.  If the advisory board fails to complete the preliminary investigation in the time required by this section, the advisory board's official investigation of the complaint is considered to commence on that date.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.035, 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 F. -1. Complaints and Investigative Information › Section 601.273. Access to Complaint Information

Sec. 601.273.  ACCESS TO COMPLAINT INFORMATION.  (a)  Except as provided by Subsection (b), the advisory board shall provide a person who is the subject of a formal complaint filed under this chapter with access to all information in its possession that the advisory board intends to offer into evidence in presenting its case in chief at the contested hearing on the complaint, subject to any other privilege or restriction established by rule, statute, or legal precedent.  The advisory board shall provide the information not later than the 30th day after receipt of a written request from the person or the person's counsel, unless good cause is shown for delay.
(b)  The advisory board is not required to provide:
(1)  advisory board investigative reports;
(2)  investigative memoranda;
(3)  the identity of a nontestifying complainant;
(4)  attorney-client communications;
(5)  attorney work product; or
(6)  other material covered by a privilege recognized by the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(c)  Providing information under this section does not constitute a waiver of privilege or confidentiality under this chapter or other law.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.035, 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 F. -1. Complaints and Investigative Information › Section 601.274. Health Care Entity Request for Information

Sec. 601.274.  HEALTH CARE ENTITY REQUEST FOR INFORMATION.  On the written request of a health care entity, the advisory board shall provide to the entity:
(1)  information about a complaint filed against a person that was resolved after investigation by:
(A)  a disciplinary order of the advisory board; or
(B)  an agreed settlement; and
(2)  the basis of and current status of any complaint that has been referred by the executive director of the medical board for enforcement action.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.035, 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 F. -1. Complaints and Investigative Information › Section 601.275. Confidentiality of Investigative Information

Sec. 601.275.  CONFIDENTIALITY OF INVESTIGATIVE INFORMATION.  A complaint, adverse report, investigation file, other report, or other investigative information in the possession of or received or gathered by the advisory board, the medical board, or an employee or agent of the medical board relating to a certificate holder, a person approved under Section 601.054 or 601.055, an application for certification or approval, or a criminal investigation or proceeding is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the advisory board, the medical board, or an employee or agent of the advisory board or medical board involved in discipline under this chapter.  For purposes of this section, "investigative information" includes information related to the identity of a person performing or supervising compliance monitoring for the advisory board or medical board and a report prepared by the person related to compliance monitoring.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.035, 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 F. -1. Complaints and Investigative Information › Section 601.276. Permitted Disclosure of Investigative Information

Sec. 601.276.  PERMITTED DISCLOSURE OF INVESTIGATIVE INFORMATION.  (a)  Investigative information in the possession of the advisory board, the medical board, or an employee or agent of the medical board that relates to the discipline of a certificate holder or a person approved under Section 601.054 or 601.055, may be disclosed to:
(1)  a licensing authority in another state or country in which the certificate holder or person is licensed, certified, or permitted or has applied for a license, certification, or permit; or
(2)  a medical peer review committee reviewing:
(A)  an application for privileges; or
(B)  the qualifications of the certificate holder or person with respect to retaining privileges.
(b)  If investigative information in the possession of the advisory board, the medical board, or an employee or agent of the medical board indicates that a crime may have been committed, the advisory board or medical board, as appropriate, shall report the information to the proper law enforcement agency.  The advisory board and medical board shall cooperate with and assist each law enforcement agency conducting a criminal investigation of a certificate holder or a person approved under Section 601.054 or 601.055 by providing information relevant to the investigation.  Confidential information disclosed to a law enforcement agency under this subsection remains confidential and may not be disclosed by the law enforcement agency except as necessary to further the investigation.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.035, 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 601.301. Certificate Denial and Disciplinary Action

Sec. 601.301.  CERTIFICATE DENIAL AND DISCIPLINARY ACTION.  The advisory board may, for a violation of this chapter or a rule adopted under this chapter:
(1)  suspend, restrict, revoke, or refuse to renew a certificate;
(2)  rescind approval of a curriculum, training program, or instructor;
(3)  deny an application for certification or approval;
(4)  issue a reprimand; or
(5)  place the offender's certificate on probation and require compliance with a requirement of the advisory board, including requiring the offender to:
(A)  submit to medical or psychological treatment;
(B)  meet additional education requirements;
(C)  pass an examination; or
(D)  work under the supervision of a medical radiologic technologist or other practitioner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 601.302. Grounds for Certificate Denial or Disciplinary Action

Sec. 601.302.  GROUNDS FOR CERTIFICATE DENIAL OR DISCIPLINARY ACTION.  The advisory board may take action under Section 601.301 against a person subject to this chapter for:
(1)  obtaining or attempting to obtain a certificate issued under this chapter by bribery or fraud;
(2)  making or filing a false report or record made in the person's capacity as a medical radiologic technologist;
(3)  intentionally or negligently failing to file a report or record required by law;
(4)  intentionally obstructing or inducing another to intentionally obstruct the filing of a report or record required by law;
(5)  engaging in unprofessional conduct, including the violation of the standards of practice of radiologic technology established by the advisory board;
(6)  developing an incapacity that prevents the practice of radiologic technology with reasonable skill, competence, and safety to the public as the result of:
(A)  an illness;
(B)  drug or alcohol dependency; or
(C)  another physical or mental condition or illness;
(7)  failing to report to the advisory board the violation of this chapter by another person;
(8)  employing, for the purpose of applying ionizing radiation to a person, a person who is not certified under or in compliance with this chapter;
(9)  violating this chapter, a rule adopted under this chapter, an order of the advisory board previously entered in a disciplinary proceeding, or an order to comply with a subpoena issued by the advisory board;
(10)  having a certificate revoked, suspended, or otherwise subjected to adverse action or being denied a certificate by another certification authority in another state, territory, or country; or
(11)  being convicted of or pleading nolo contendere to a crime directly related to the practice of radiologic technology.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.142, eff. April 2, 2015.
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 601.303. Student Practicing Without Direct Supervision

Sec. 601.303.  STUDENT PRACTICING WITHOUT DIRECT SUPERVISION.  The advisory board may take disciplinary action against a student for intentionally practicing radiologic technology without direct supervision.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 601.304. Administrative Procedure for Contested Case Hearing

Sec. 601.304.  ADMINISTRATIVE PROCEDURE FOR CONTESTED CASE HEARING.  For a contested case hearing in which a formal complaint has been filed under this chapter, the procedure by which the advisory board takes a disciplinary action and the procedure by which a disciplinary action is appealed are governed by:
(1)  advisory board rules for a contested case hearing; and
(2)  Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 601.305. Surrender of Certificate

Sec. 601.305.  SURRENDER OF CERTIFICATE.  (a)  The advisory board may accept the voluntary surrender of a certificate. A person who has surrendered a certificate may not engage in activities that require a certificate, and the advisory board may not return the certificate to the person, until the person demonstrates to the satisfaction of the advisory board that the person is able to resume the practice of radiologic technology.
(b)  The advisory board shall by rule establish guidelines for determining when a person is competent to resume the practice of radiologic technology.
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. 5.143, eff. April 2, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.036, eff. September 1, 2015.