SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 601.001 - Short Title
This chapter may be cited as the Medical Radiologic Technologist Certification Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER A-1 TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY
- Texas Section 601.002 - Definitions
In this chapter: (1) "Advisory board" means the Texas Board of Medical Radiologic Technology. (1-a) "Authorized person" means a person who meets or exceeds the...
- Texas Section 601.021 - Texas Board Of Medical Radiologic Technology
The Texas Board of Medical Radiologic Technology is an advisory board to the Texas Medical Board. Added by Acts 2015, 84th Leg., R.S., Ch. 838...
- Texas Section 601.022 - Appointment Of Advisory Board
(a) The advisory board consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) four medical...
- Texas Section 601.023 - Membership Eligibility And Restrictions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
- Texas Section 601.024 - Terms; Vacancies
(a) Members of the advisory board are appointed for staggered six-year terms. The terms of three members expire on February 1 of each odd-numbered year....
- Texas Section 601.025 - Officers
The governor shall designate a member of the advisory board as the presiding officer of the advisory board to serve in that capacity at the...
- Texas Section 601.026 - Grounds For Removal
(a) It is a ground for removal from the advisory board that a member: (1) does not have at the time of taking office the...
- Texas Section 601.027 - Per Diem
A member of the advisory board is entitled to receive a per diem as set by legislative appropriation for each day that the member engages...
- Texas Section 601.028 - Application Of Open Meetings, Open Records, And Administrative Procedure Laws
Except as otherwise provided by this chapter, the advisory board is subject to Chapters 551, 552, and 2001, Government Code. Added by Acts 2015, 84th...
- Texas Section 601.029 - Meetings; Quorum Requirements
(a) The advisory board shall conduct regular meetings at least three times a year at the times and places the advisory board considers most convenient...
SUBCHAPTER B POWERS AND DUTIES OF ADVISORY BOARD AND MEDICAL BOARD
- Texas Section 601.030 - Training
(a) A person who is appointed to and qualifies for office as a member of the advisory board may not vote, deliberate, or be counted...
- Texas Section 601.052 - General Powers And Duties Of Advisory Board
The advisory board shall: (1) adopt rules that are reasonable and necessary for the performance of the advisory board's duties under this chapter, as provided...
- Texas Section 601.0521 - Guidelines For Early Involvement In Rulemaking Process
(a) The advisory board shall adopt guidelines to establish procedures for receiving input during the rulemaking process from individuals and groups that have an interest...
- Texas Section 601.0522 - Powers And Duties Of Medical Board Relating To Radiologic Procedures
(a) The medical board shall adopt rules consistent with this chapter to regulate individuals who: (1) perform radiologic procedures; and (2) are licensed by the...
- Texas Section 601.054 - Approval And Review Of Curricula And Training Programs
(a) An applicant for approval of a curriculum or training program must apply to the advisory board on a form and under rules adopted by...
- Texas Section 601.055 - Approval And Review Of Instructor Approval
(a) An applicant for approval of an instructor must apply to the advisory board on a form and under rules adopted by the advisory board....
- Texas Section 601.056 - Dangerous Or Hazardous Procedures
(a) The medical board, with the assistance of the Texas Board of Nursing, the Texas Physician Assistant Board, and other appropriate state agencies, shall identify...
- Texas Section 601.057 - Fees
The advisory board by rule may set fees for examination, certificate issuance, registration of a person under Section 601.202, and application processing under Section 601.203...
- Texas Section 601.0571 - Fee Refund On Cancellation
The advisory board may adopt rules relating to the refund of a fee for the issuance or renewal of a certificate after the cancellation of...
- Texas Section 601.0572 - Rules On Consequences Of Criminal Conviction
The advisory board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this chapter are...
- Texas Section 601.058 - Rules Restricting Advertising Or Competitive Bidding
(a) The advisory board may not adopt rules restricting advertising or competitive bidding by a medical radiologic technologist except to prohibit false, misleading, or deceptive...
- Texas Section 601.059 - Assistance By Medical Board; Division Of Responsibilities
(a) The medical board shall provide administrative and clerical employees as necessary to enable the advisory board to administer this chapter. (b) Subject to the...
SUBCHAPTER C CERTIFICATION REQUIREMENTS
- Texas Section 601.060 - Public Participation
Subject to the advice and approval of the medical board, the advisory board shall develop and implement policies that provide the public with a reasonable...
- Texas Section 601.101 - Certification Required
A person may not perform a radiologic procedure unless the person holds a certificate issued under this chapter, except as otherwise provided by Subchapter D....
- Texas Section 601.102 - Classes Of Certificates
(a) The advisory board shall establish classes of certificates to include all radiologic procedures used in the course and scope of the practice of practitioners...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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.
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER D EXEMPTIONS FROM CERTIFICATION AND REGISTRATION REQUIREMENTS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 601.155 - Students
A person is not required to hold a certificate issued under this chapter or to comply with the registration requirements adopted under Section 601.252 if...
SUBCHAPTER E MANDATORY TRAINING FOR CERTAIN AUTHORIZED PERSONS
- Texas Section 601.156 - Procedure Performed As Part Of Continuing Education Program
A person is not required to hold a certificate issued under this chapter or to comply with the registration requirements adopted under Section 601.252 if...
- Texas Section 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...
- Texas Section 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,...
SUBCHAPTER F OTHER LICENSING AGENCIES; RULEMAKING AND REGISTRATION REQUIREMENTS
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F-1 COMPLAINTS AND INVESTIGATIVE INFORMATION
- Texas Section 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...
- Texas Section 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:...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER G CERTIFICATE DENIAL AND DISCIPLINARY ACTION
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 601.313 - Roles And Responsibilities Of Participants In Informal Proceedings
(a) An advisory board member who serves as a panelist at an informal meeting under Section 601.311 shall make recommendations for the disposition of a...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER H ADMINISTRATIVE PENALTY
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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...
SUBCHAPTER I ENFORCEMENT AND OTHER PENALTY PROVISIONS
- Texas Section 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.
- Texas Section 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,...
- Texas Section 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...