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2005 Texas Occupations Code CHAPTER 601. MEDICAL RADIOLOGIC TECHNOLOGISTS
OCCUPATIONS CODE SUBTITLE K. PROFESSIONS RELATED TO USE OF CERTAIN MEDICAL EQUIPMENT CHAPTER 601. MEDICAL RADIOLOGIC TECHNOLOGISTS SUBCHAPTER A. GENERAL PROVISIONS § 601.001. SHORT TITLE. This chapter may be cited as the Medical Radiologic Technologist Certification Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.002. DEFINITIONS. In this chapter: (1) "Authorized person" means a person who meets or exceeds the minimum educational standards of the board under Section 601.201. (2) "Board" means the Texas Board of Health. (3) "Department" means the Texas Department of Health. (4) "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 601.053; and (B) is physically present during the performance of the radiologic procedure to provide consultation or direct the action of the student. (5) "Education program" means clinical training or any other program offered by an organization approved by the 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. (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. (11) "Registered nurse" means a person licensed by the Board of Nurse Examiners to practice professional nursing. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.SUBCHAPTER B. POWERS AND DUTIES OF BOARD AND DEPARTMENT § 601.051. CERTIFICATION PROGRAM. The bureau of licensing and compliance of the department shall administer the certification program required by this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.052. RULES. The board may adopt rules necessary to implement this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.053. MINIMUM STANDARDS. The board by rule shall establish minimum standards for: (1) issuing, renewing, suspending, or revoking a certificate issued under this chapter; (2) approving curricula and education programs to train individuals, registered nurses, and physician assistants to perform radiologic procedures; (3) approving instructors to teach approved curricula or education programs to train individuals to perform radiologic procedures; and (4) rescinding an approval described by Subdivision (2) or (3). Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 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 department on a form and under rules adopted by the board. (b) The department shall approve a curriculum or training program that meets the minimum standards adopted under Section 601.053. The department may review the approval annually. (c) The board may set a fee for approval of a curriculum or training program not to exceed the estimated amount that the department projects to be required for the evaluation of the curriculum or training program. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.055. APPROVAL AND REVIEW OF INSTRUCTOR APPROVAL. (a) An applicant for approval of an instructor must apply to the department on a form and under rules adopted by the board. (b) The department shall approve an instructor who meets the minimum standards adopted under Section 601.053. The department may review the approval annually. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.056. DANGEROUS OR HAZARDOUS PROCEDURES. (a) The board with the assistance of 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 or a medical radiologic technologist certified under this chapter. (b) In adopting rules under Subsection (a), the board may consider whether the radiologic procedure will be performed by a registered nurse or a licensed physician assistant. (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. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.057. FEES. The board 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. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, § 14.321(a), eff. Sept. 1, 2001. § 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The 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 its rules to prohibit false, misleading, or deceptive practices, the 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, § 14.322(a), eff. Sept. 1, 2001.SUBCHAPTER C. CERTIFICATION REQUIREMENTS § 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. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.102. CLASSES OF CERTIFICATES. (a) The 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 board may issue to a person: (1) a general certificate to perform radiologic procedures; or (2) a limited certificate that authorizes the person to perform radiologic procedures only on specific parts of the human body. (c) The board may issue to a person a temporary general certificate or a temporary limited certificate that authorizes the person to perform radiologic procedures for a period not to exceed one year. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.103. APPLICATION; APPLICATION FEE. An applicant for a certificate under this chapter must: (1) apply to the department on a form and under rules adopted by the board; and (2) submit with the application a nonrefundable application fee in an amount determined by the board. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.104. EXAMINATION. The board may prepare and conduct an examination for applicants for a certificate. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 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 department shall notify the person of the results of the examination. (b) If the examination is graded or reviewed by a testing service, the department shall notify the person of the results of the examination not later than the 14th day after the date the department 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 department shall notify the person of the reason for the delay before the 90th day. (c) The department 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 department shall furnish the person with an analysis of the person's performance on the examination. Added by Acts 2001, 77th Leg., ch. 1420, § 14.323(a), eff. Sept. 1, 2001. § 601.105. ISSUANCE OF CERTIFICATE. (a) The department shall issue a certificate to an applicant who meets the minimum standards for certification established under Section 601.053. (b) A certificate is valid for a period established by the board. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.106. TRANSFER OF CERTIFICATE PROHIBITED. A certificate issued under this chapter is not transferable. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.107. CERTIFICATION BY ENDORSEMENT. In adopting minimum standards for certifying medical radiologic technologists, the board may establish criteria for issuing a certificate to a person licensed or otherwise registered as a medical radiologic technologist by the American Registry of Radiologic Technologists, the American Registry of Clinical Radiography Technologists, or another state whose requirements for licensure or registration were on the date of licensing or registration substantially equal to the requirements of this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.108. CONTINUING EDUCATION AND OTHER GUIDELINES. (a) The board may establish guidelines. (b) The board shall prepare, recognize, or administer continuing education programs for medical radiologic technologists in which participation is required, to the extent required by the board, to keep the person's certificate. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, § 14.324(a), eff. Sept. 1, 2001. § 601.109. PROVISIONAL CERTIFICATE. (a) The 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 board relating to the practice of radiologic technology; and (3) is sponsored by a medical radiologic technologist certified by the board under this chapter with whom the provisional certificate holder will practice during the time the person holds a provisional certificate. (b) The board may waive the requirement of Subsection (a)(3) for an applicant if the board determines that compliance with that subsection would be a hardship to the applicant. (c) A provisional certificate is valid until the date the board approves or denies the provisional certificate holder's application for a certificate. The 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 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 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 board may extend the 180-day period if the results of an examination have not been received by the board before the end of that period. (e) The board 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, § 14.325(a), eff. Sept. 1, 2001. § 601.110. CERTIFICATE EXPIRATION. (a) Not later than the 30th day before the date a person's certificate is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department. (b) The 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 department 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, § 14.323(b), eff. Sept. 1, 2001. § 601.111. CERTIFICATE RENEWAL PROCEDURE. (a) A person who is otherwise eligible to renew a certificate may renew an unexpired certificate by paying the required renewal fee to the department before the expiration date of the certificate. 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 department 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 department 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, § 14.323(c), eff. Sept. 1, 2001. § 601.112. RENEWAL OF CERTIFICATE BY OUT-OF-STATE PRACTITIONER. (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 department a fee that is equal to two times the normally required renewal fee for the certificate. Added by Acts 2001, 77th Leg., ch. 1420, § 14.323(c), eff. Sept. 1, 2001.SUBCHAPTER D. EXEMPTIONS FROM CERTIFICATION AND REGISTRATION REQUIREMENTS § 601.151. PRACTITIONERS. A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure if the person is a practitioner and performs the procedure in the course and scope of the profession for which the person holds a license. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.152. PERSON SUPERVISED BY PRACTITIONER. A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure if: (1) the person performs the procedure under the instruction or direction of a practitioner; and (2) the person and the practitioner comply with rules adopted under Section 601.252. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.153. PERSON SUPERVISED BY DENTIST. A person is not required to hold a certificate issued under this chapter to perform a radiologic procedure if: (1) the procedure is performed under the supervision of a dentist; and (2) the person: (A) is registered with the State Board of Dental Examiners; and (B) complies with rules adopted by that board under Section 601.252. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 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 board under Section 601.201. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 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 the person: (1) is a student enrolled in a training program that meets the minimum standards adopted under Section 601.201; and (2) is performing a radiologic procedure in an academic or clinical setting as part of the training program. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 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 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 board; (2) enrolled in a continuing education program that meets the requirements adopted under Section 601.108; and (3) performing a radiologic procedure as part of the continuing education program for not more than 10 days. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.SUBCHAPTER E. MANDATORY TRAINING FOR CERTAIN AUTHORIZED PERSONS § 601.201. MANDATORY TRAINING. (a) The minimum standards of the board for approval of a curriculum or an education program under Section 601.053 must include mandatory training guidelines for a person, other than a practitioner or a medical radiologic technologist, 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 board must contain an appropriate number of hours of education that must be completed before the person may perform a radiologic procedure. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.202. REGISTRY. The board by rule shall establish a registry of persons required to comply with this subchapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.203. HARDSHIP EXEMPTION. (a) On application to the department by a hospital, a federally qualified health center as defined by 42 U.S.C. Section 1396d, or a practitioner, the department 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 reports an inability to attract and retain medical radiologic technologists; (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 department rule. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.SUBCHAPTER F. OTHER LICENSING AGENCIES; RULEMAKING AND REGISTRATION REQUIREMENTS § 601.251. APPLICABILITY. This subchapter applies to the: (1) Board of Nurse Examiners; (2) Texas Board of Chiropractic Examiners; (3) State Board of Dental Examiners; (4) Texas State Board of Medical Examiners; and (5) Texas State Board of Podiatric Medical Examiners. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.252. REQUIREMENT TO ADOPT RULES. (a) Each agency subject to this subchapter, other than the Board of Nurse Examiners, 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 must: (1) require an authorized person, other than a registered nurse, to register with the agency that licenses the practitioner under whom the person performs radiologic procedures; (2) establish reasonable and necessary fees to cover the administrative costs incurred by the agency 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), an agency may take into account whether the radiologic procedure will be performed by a registered nurse. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.253. BOARD OF NURSE EXAMINERS. (a) The Board of Nurse Examiners may adopt rules governing registered nurses performing radiologic procedures under Section 601.151 or 601.154 and shall require registered nurses performing radiologic procedures under Section 601.151 to register with the Board of Nurse Examiners and to identify the practitioner ordering the procedures. (b) The Board of Nurse Examiners shall notify the agency licensing the practitioner that the nurse has registered under this section. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.SUBCHAPTER G. CERTIFICATE DENIAL AND DISCIPLINARY ACTION § 601.301. CERTIFICATE DENIAL AND DISCIPLINARY ACTION. The department may, for a violation of this chapter or a rule adopted under this chapter: (1) suspend, 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 department, including requiring the offender to: (A) submit to medical or psychological treatment; (B) meet additional education requirements; (C) pass an examination; or (D) work under the supervision of a medical radiologic technologist or other practitioner. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.302. GROUNDS FOR CERTIFICATE DENIAL OR DISCIPLINARY ACTION. The department 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 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 department 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 department previously entered in a disciplinary proceeding, or an order to comply with a subpoena issued by the department; (10) having a certificate revoked, suspended, or otherwise subjected to adverse action or being denied a certificate by another certification authority in another state, territory, or country; or (11) being convicted of or pleading nolo contendere to a crime directly related to the practice of radiologic technology. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.303. STUDENT PRACTICING WITHOUT DIRECT SUPERVISION. The department may take disciplinary action against a student for intentionally practicing radiologic technology without direct supervision. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.304. ADMINISTRATIVE PROCEDURE. The procedure by which the department takes a disciplinary action and the procedure by which a disciplinary action is appealed are governed by: (1) department rules for a contested case hearing; and (2) Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.305. REINSTATEMENT. (a) A person subject to disciplinary action under Section 601.302(6) shall, at reasonable intervals, be given an opportunity to demonstrate that the person is able to resume the practice of radiologic technology. (b) The board may not reinstate a certificate to a holder or issue a certificate to an applicant previously denied a certificate unless the board is satisfied that the holder or applicant has complied with requirements set by the board and is capable of engaging in the practice of radiologic technology. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.306. EMERGENCY SUSPENSION. (a) The department shall temporarily suspend the certificate of a certificate holder if the department determines from the evidence or information presented to it that continued practice by the certificate holder would constitute a continuing and imminent 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 State Office of Administrative Hearings simultaneously with the temporary suspension; and (2) a hearing is held as soon as practicable under this chapter and Chapter 2001, Government Code. (c) The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 14th day after the date of the temporary suspension to determine if there is probable cause to believe that a continuing and imminent threat to the public welfare still exists. A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension. Added by Acts 2003, 78th Leg., ch. 326, § 13, eff. Sept. 1, 2003.SUBCHAPTER H. ADMINISTRATIVE PENALTY § 601.351. IMPOSITION OF PENALTY. The department may impose an administrative penalty against a person who violates this chapter or a rule adopted under this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.352. AMOUNT OF PENALTY. (a) The amount of the administrative penalty may not exceed $1,000 for each violation. Each day of a continuing violation is a separate violation. (b) The amount of the penalty shall be based on: (1) the seriousness of the violation; (2) the history of previous violations; (3) the amount necessary to deter a future violation; (4) efforts made to correct the violation; and (5) any other matter that justice may require. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.353. NOTICE OF VIOLATION AND PENALTY. (a) If, after investigating a possible violation and the facts surrounding that possible violation, the department determines that a violation occurred, the department shall give written notice of the violation to the person alleged to have committed the violation. (b) The notice must: (1) include a brief summary of the alleged violation; (2) state the amount of the proposed administrative penalty; and (3) inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 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 department's determination, including the proposed administrative penalty; or (2) make a written request for a hearing on that determination. (b) If the person accepts the department's determination, the commissioner of public health or that commissioner's designee by order shall approve the determination and impose the proposed penalty. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.355. HEARING. (a) If the person timely requests a hearing, the department 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 commissioner of public health or that commissioner's designee a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.356. DECISION BY COMMISSIONER. (a) Based on the findings of fact and conclusions of law and the recommendations of the hearings examiner, the commissioner of public health or the commissioner's designee 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 department shall give notice of the order to the person. The notice must include: (1) separate statements of the findings of fact and conclusions of law; (2) the amount of any penalty imposed; and (3) a statement of the right of the person to judicial review of the order. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 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 department by certified mail. (c) If the department receives a copy of an affidavit as provided by Subsection (b)(2), the department may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received. (d) The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.358. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the department may refer the matter to the attorney general for collection. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.359. DETERMINATION BY COURT. (a) If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced amount. (b) If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 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 department 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 department to: (A) execute a complete release of the escrow account or bond, as appropriate, if the penalty is not imposed; or (B) release the escrow account or bond, as appropriate, after the reduced penalty has been paid from the account or by the person. (b) The interest paid under Subsection (a)(1) is accrued at the rate charged on loans to depository institutions by the New York Federal Reserve Bank. The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.361. EXPENSES AND COSTS. (a) In this section, "reasonable expenses and costs" includes expenses incurred by the department 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 department 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 commissioner of public health or that commissioner's designee requiring the payment of expenses and costs is final. The department 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 department, reasonable expenses and costs. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 601.362. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.SUBCHAPTER I. ENFORCEMENT AND OTHER PENALTY PROVISIONS § 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 board or the department 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 board or the department, the attorney general shall bring an action in the name of the state for the injunctive relief, to recover the civil penalty, or both. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 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 department; (2) practices radiologic technology without holding a certificate under this chapter; (3) uses or attempts to use a suspended or revoked certificate; (4) knowingly allows a student enrolled in an education program to perform a radiologic procedure without direct supervision; (5) obtains or attempts to obtain a certificate through bribery or fraudulent misrepresentation; (6) uses the title or name "certified medical radiologic technologist" or any other name or title that implies the person is certified to practice radiologic technology, unless the person is certified under this chapter; (7) knowingly conceals information relating to enforcement of this chapter or a rule adopted under this chapter; or (8) employs a person not certified by or in compliance with this chapter for the purpose of applying ionizing radiation to a person. (b) An offense under this section is a Class B misdemeanor. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
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