Tex. OCC Code § 601.001. SHORT TITLE.
This chapter may be cited as the Medical Radiologic Technologist Certification Act.
MEDICAL RADIOLOGIC TECHNOLOGISTS
Tex. OCC Code ch. 601
in effectTex. OCC Code § 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 minimum educational standards of the advisory board under Section 601.201 .
(2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.197(1), eff. September 1, 2015.
(3) "Direct supervision" means supervision and control by a medical radiologic technologist or a practitioner who:
(A) assumes legal liability for a student employed to perform a radiologic procedure and enrolled in a program that meets the requirements adopted under Section 601.052 ; and
(B) is physically present during the performance of the radiologic procedure to provide consultation or direct the action of the student.
(4) "Education program" means clinical training or any other program offered by an organization approved by the advisory board that:
(A) has a specified objective;
(B) includes planned activities for participants; and
(C) uses an approved method for measuring the progress of participants.
(4-a) "Hospital" has the meaning assigned by Section 157.051 .
(4-b) "Medical board" means the Texas Medical Board.
(5) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.197(1), eff. September 1, 2015
(6) "Medical radiologic technologist" means a person certified under this chapter who, under the direction of a practitioner, intentionally administers radiation to another for a medical purpose. The term does not include a practitioner.
(7) "Practitioner" means a person who:
(A) is licensed in this state as a doctor of:
(i) medicine;
(ii) osteopathy;
(iii) podiatry;
(iv) dentistry; or
(v) chiropractic; and
(B) prescribes radiologic procedures for other persons.
(8) "Radiation" means ionizing radiation:
(A) in amounts beyond normal background levels; and
(B) from a source such as a medical or dental radiologic procedure.
(9) "Radiologic procedure" means a procedure or article, including a diagnostic X-ray or a nuclear medicine procedure, that:
(A) is intended for use in:
(i) the diagnosis of disease or other medical or dental conditions in humans; or
(ii) the cure, mitigation, treatment, or prevention of disease in humans; and
(B) achieves its intended purpose through the emission of radiation.
(10) "Radiologic technology" means the administration of radiation to a person for a medical purpose.
(10-a) "Radiologist" means a physician specializing in radiology certified by or board-eligible for the American Board of Radiology, the American Osteopathic Board of Radiology, the Royal College of Radiologists, or the Royal College of Physicians and Surgeons of Canada.
(10-b) "Radiologist assistant" means an advanced-level medical radiologic technologist who is certified as:
(A) a registered radiologist assistant by the American Registry of Radiologic Technologists; or
(B) a radiology practitioner assistant by the Certification Board for Radiology Practitioner Assistants.
(11) "Registered nurse" means a person licensed by the Texas Board of Nursing to practice professional nursing.
SUBCHAPTER A-1. TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY
Tex. OCC Code § 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 (S.B. 202 ), Sec. 2.004, eff. September 1, 2015.
Tex. OCC Code § 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 radiologic technologists who each have at least five years of experience as a medical radiologic technologist;
(2) two physicians licensed in this state who supervise medical radiologic technologists; and
(3) three members who represent the public.
(b) Appointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.004, eff. September 1, 2015.
Tex. OCC Code § 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 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 public member of the advisory board 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 or advisory 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 advisory board; or
(4) uses or receives a substantial amount of tangible goods, services, or money from the medical board or advisory board other than compensation or reimbursement authorized by law for advisory board membership, attendance, or expenses.
(c) A person may not be a member of the advisory board if:
(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
(d) A person may not be a member of the advisory board or act as the general counsel to the advisory board 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 medical board or advisory board.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.004, eff. September 1, 2015.
Tex. OCC Code § 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.
(b) A member may not serve more than:
(1) two consecutive full terms; or
(2) a total of three full terms.
(c) If a vacancy occurs during a member's term, the governor shall appoint a new member to fill the unexpired term.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.004, eff. September 1, 2015.
Tex. OCC Code § 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 will of the governor. The advisory board shall select from its membership an assistant presiding officer and other officers as the advisory board considers necessary to carry out the advisory board's duties.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.004, eff. September 1, 2015.
Tex. OCC Code § 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 qualifications required by Sections 601.022 and 601.023 ;
(2) does not maintain during service on the advisory board the qualifications required by Sections 601.022 and 601.023 ;
(3) is ineligible for membership under Section 601.023 ;
(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled advisory board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the advisory board.
(b) The validity of an action of the advisory board is not affected by the fact that it is taken when a ground for removal of an advisory board member exists.
(c) If the executive director of the medical board has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the advisory board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the advisory board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.004, eff. September 1, 2015.
Tex. OCC Code § 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 in the business of the advisory board.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.004, eff. September 1, 2015.
Tex. OCC Code § 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 Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.004, eff. September 1, 2015.
Tex. OCC Code § 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 for applicants and advisory board members.
(b) The advisory board may hold special meetings in accordance with rules adopted by the advisory board and approved by the medical board.
(c) A majority of the advisory board members constitutes a quorum for all purposes except for an advisory board activity related to examining the credentials of applicants, acting as a panel for disciplinary action under Section 601.306 , or conducting an informal meeting under Section 601.311 .
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.004, eff. September 1, 2015.
Tex. OCC Code § 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 as a member in attendance at a meeting of the advisory board until the person completes a training program that complies with this section.
(b) The training program must provide the person with information regarding:
(1) the law governing advisory board operations;
(2) the programs, functions, rules, and budget of the advisory board;
(3) the scope of and limitations on the rulemaking authority of the advisory board;
(4) the types of advisory board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the advisory board regulates, including any rule, interpretation, or enforcement action that:
(A) regulates the scope of practice of persons in a profession or business the advisory board regulates;
(B) restricts advertising by persons in a profession or business the advisory board regulates;
(C) affects the price of goods or services provided by persons in a profession or business the advisory board regulates; or
(D) restricts participation in a profession or business the advisory board regulates;
(5) the results of the most recent formal audit of the advisory board;
(6) the requirements of:
(A) laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B) other laws applicable to members of the advisory board in performing their duties; and
(7) any applicable ethics policies adopted by the advisory board or the Texas Ethics Commission.
(c) A person appointed to the advisory board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d) The executive director of the medical board shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each advisory board member. Each board member shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.004, eff. September 1, 2015.
SUBCHAPTER B. POWERS AND DUTIES OF ADVISORY BOARD AND MEDICAL BOARD
Tex. OCC Code § 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 by Chapter 2001 , Government Code, including rules to establish:
(A) the certification program required by Subchapter C, including minimum standards for issuing, renewing, suspending, canceling, or revoking a certificate;
(B) certification renewal dates;
(C) the registry required by Subchapter E;
(D) grounds for disciplinary actions;
(E) procedures for disciplinary proceedings;
(F) procedures for non-disciplinary remedial plans;
(G) minimum standards for approving and rescinding approval of curricula and education programs to train medical radiologic technologists to perform radiologic procedures;
(H) minimum standards for approving and rescinding approval of instructors to teach approved curricula or education programs to train medical radiologic technologists to perform radiologic procedures;
(I) procedures for requiring an applicant for or holder of a certificate to submit to:
(i) an examination of the applicant's or holder's physical or mental health; and
(ii) screening for alcohol or substance abuse or behavioral issues; and
(J) 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 certificate under this chapter or approval under Section 601.054 or 601.055;
(2) review and approve or reject each application for the issuance or renewal of a certificate;
(3) issue each certificate;
(4) deny, suspend, or revoke a certificate or otherwise discipline a certificate holder; and
(5) take any action necessary to carry out the functions and duties of the advisory board under this chapter.
Tex. OCC Code § 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 the advisory board.
(b) The advisory board shall approve a curriculum or training program that meets the minimum standards adopted under Section 601.052 . The advisory board may review the approval annually.
(c) The advisory board may set a fee for approval of a curriculum or training program not to exceed the estimated amount that the advisory board projects to be required for the evaluation of the curriculum or training program.
Tex. OCC Code § 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.
(b) The advisory board shall approve an instructor who meets the minimum standards adopted under Section 601.052 . The advisory board may review the approval annually.
Tex. OCC Code § 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 by rule radiologic procedures, other than radiologic procedures described by Subsection (c), that are dangerous or hazardous and that may be performed only by a practitioner, medical radiologic technologist certified under this chapter, registered nurse, or licensed physician assistant.
(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(4), eff. September 1, 2015.
(c) Subsection (a) does not apply to a radiologic procedure involving a dental X-ray machine, including a panarex or other equipment designed and manufactured only for use in dental radiography.
Tex. OCC Code § 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 in amounts that are reasonable to cover the costs of administering this chapter without the use of additional general revenue.
Tex. OCC Code § 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 practices.
(b) In adopting rules to prohibit false, misleading, or deceptive practices, the advisory board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a medical radiologic technologist's personal appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the medical radiologic technologist; or
(4) restricts the medical radiologic technologist's advertisement under a trade name.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.322(a), eff. Sept. 1, 2001.
Tex. OCC Code § 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 advice and approval of the medical board, the advisory board shall develop and implement policies that clearly separate the policy-making responsibilities of the advisory board and the management responsibilities of the executive director and staff of the medical board.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.014, eff. September 1, 2015.
Tex. OCC Code § 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 opportunity to appear before the advisory board and to speak on any issue under the jurisdiction of the advisory board.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.014, eff. September 1, 2015.
SUBCHAPTER C. CERTIFICATION REQUIREMENTS
Tex. OCC Code § 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.
Tex. OCC Code § 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 licensed in this state.
(b) The advisory board may issue to a person:
(1) a general certificate to perform radiologic procedures;
(2) a limited certificate that authorizes the person to perform radiologic procedures only on specific parts of the human body; or
(3) a radiologist assistant certificate to a person who meets the requirements established under Section 601.1021 .
(c) The advisory board may issue to a person a temporary general certificate, a temporary limited certificate, or a temporary radiologist assistant certificate that authorizes the person to perform radiologic procedures for a period not to exceed one year.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 601.106. TRANSFER OF CERTIFICATE PROHIBITED.
A certificate issued under this chapter is not transferable.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
SUBCHAPTER D. EXEMPTIONS FROM CERTIFICATION AND REGISTRATION REQUIREMENTS
Tex. OCC Code § 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.
Tex. OCC Code § 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 .
Tex. OCC Code § 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 .
Tex. OCC Code § 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 .
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
SUBCHAPTER E. MANDATORY TRAINING FOR CERTAIN AUTHORIZED PERSONS
Tex. OCC Code § 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.
Tex. OCC Code § 601.202. REGISTRY.
The advisory board by rule shall establish a registry of persons required to comply with this subchapter.
Tex. OCC Code § 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.
SUBCHAPTER F. OTHER LICENSING AGENCIES; RULEMAKING AND REGISTRATION REQUIREMENTS
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
SUBCHAPTER F-1. COMPLAINTS AND INVESTIGATIVE INFORMATION
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
SUBCHAPTER G. CERTIFICATE DENIAL AND DISCIPLINARY ACTION
Tex. OCC Code § 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.036, eff. September 1, 2015.
Tex. OCC Code § 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.036, eff. September 1, 2015.
Tex. OCC Code § 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.036, eff. September 1, 2015.
Tex. OCC Code § 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.036, eff. September 1, 2015.
Tex. OCC Code § 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.036, eff. September 1, 2015.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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 complaint or allegation. The member may request the assistance of a medical board employee at any time.
(b) Medical board employees shall present a summary of the allegations against the person who is the subject of the complaint and of the facts pertaining to the allegation that the employees reasonably believe may be proven by competent evidence at a formal hearing.
(c) An attorney for the advisory board or medical board shall act as counsel to the panel and, notwithstanding Subsection (e), shall be present during the informal meeting and the panel's deliberations to advise the panel on legal issues that arise during the proceeding. The attorney may ask questions of a participant in the informal meeting to clarify any statement made by the participant. The attorney shall provide to the panel a historical perspective on comparable cases that have appeared before the advisory board or medical board, keep the proceedings focused on the case being discussed, and ensure that the medical board's employees and the person who is the subject of the complaint have an opportunity to present information related to the case. During the panel's deliberations, the attorney may be present only to advise the panel on legal issues and to provide information on comparable cases that have appeared before the advisory board or medical board.
(d) The panel and medical board employees shall provide an opportunity for the person who is the subject of the complaint and the person's authorized representative to reply to the medical board employees' presentation and to present oral and written statements and facts that the person and representative reasonably believe could be proven by competent evidence at a formal hearing.
(e) An employee of the medical board who participated in the presentation of the allegation or information gathered in the investigation of the complaint, the person who is the subject of the complaint, the person's authorized representative, the complainant, the witnesses, and members of the public may not be present during the deliberations of the panel. Only the members of the panel and the attorney serving as counsel to the panel may be present during the deliberations.
(f) The panel shall recommend the dismissal of the complaint or allegations or, if the panel determines that the person has violated a statute or advisory board rule, the panel may recommend advisory board action and terms for an informal settlement of the case.
(g) The panel's recommendations under Subsection (f) must be made in a written order and presented to the affected person and the person's authorized representative. The person may accept the proposed settlement within the time established by the panel at the informal meeting. If the person rejects the proposed settlement or does not act within the required time, the advisory board may proceed with the filing of a formal complaint with the State Office of Administrative Hearings.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.036, eff. September 1, 2015.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
SUBCHAPTER H. ADMINISTRATIVE PENALTY
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 601.362. ADMINISTRATIVE PROCEDURE.
A proceeding under this subchapter is subject to Chapter 2001 , Government Code.
SUBCHAPTER I. ENFORCEMENT AND OTHER PENALTY PROVISIONS
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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 in matters under the advisory board's jurisdiction. The guidelines must provide an opportunity for those individuals and groups to provide input before the advisory board submits the rule to the medical board for approval.
(b) A rule adopted under this chapter may not be challenged on the grounds that the advisory board did not comply with this section. If the advisory board was unable to solicit a significant amount of input from the public or affected persons early in the rulemaking process, the advisory board shall state in writing the reasons why it was unable to do so.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.007, eff. September 1, 2015.
Tex. OCC Code § 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 medical board and supervise an individual who performs radiologic procedures.
(b) The medical board, by a majority vote, shall approve or reject each rule adopted by the advisory board. If approved, the rule may take effect. If the rule is rejected, the medical board shall return the rule to the advisory board for revision.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.007, eff. September 1, 2015.
Tex. OCC Code § 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 a certificate.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.012, eff. September 1, 2015.
Tex. OCC Code § 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 stricter than the requirements of Chapter 53 .
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.012, eff. September 1, 2015.
Tex. OCC Code § 601.1021. RADIOLOGIST ASSISTANT CERTIFICATE.
(a) The advisory board by rule shall establish the education and training required for a person to obtain a radiologist assistant certificate.
(b) A radiologist assistant certificate holder:
(1) may perform radiologic procedures only under the supervision of a radiologist; and
(2) may not interpret images, make diagnoses, or prescribe any medication or therapy.
Added by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504 ), Sec. 27, eff. September 1, 2019.
Tex. OCC Code § 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.
Tex. OCC Code § 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.
Tex. OCC Code § 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.