| (C) If an applicant fails to take timely action, as
provided under this subsection, such inaction shall be deemed a withdrawal
of his or her application.
(4) To promote the expeditious resolution of any matter
concerning an application for certification or other authorization,
the executive director, with the approval of the board, may recommend
that an applicant be eligible for a certificate or other authorization
under certain terms and conditions and present a proposed agreed order
or remedial plan to the applicant. Not later than the 20th day after
the date the applicant receives notice of the executive director's
recommendation for an agreed order or remedial plan, the applicant
shall do one of the following:
(A) sign the order or remedial plan and the order/remedial
plan shall be presented to the board for consideration and acceptance
without initiating a Disciplinary Licensure Investigation (as defined
in §187.13 of this title) or appearing before a committee of
the board concerning issues relating to licensure eligibility; or
(B) request a review of the executive director's recommendation
by a committee of the board conducted in accordance with §187.13
of this title; or
(C) withdraw his or her application.
(D) If an applicant fails to take timely action, as
provided under this subsection, such inaction shall be deemed a withdrawal
of his or her application.
(h) Committee Referrals. An applicant who has either
requested to appear before the licensure committee of the board or
has elected to be referred to the licensure committee of the board
due to a determination of ineligibility by the executive director
in accordance with section, in lieu of withdrawing the application
for certification, may be subject to a Disciplinary Licensure Investigation
as defined in §187.13 of this title. Review of the executive
director's determination by a committee of the board shall be conducted
in accordance with §187.13 of this title. All reports received
or gathered by the board on each applicant are confidential and are
not subject to disclosure under the Public Information Act. The board
may disclose such reports to appropriate licensing authorities in
other states.
(i) All applicants must provide sufficient documentation
to the board that the applicant has, on a full-time basis, actively
practiced, been a student at an acceptable approved program under §194.12
or §194.13 of this chapter or been on the active teaching faculty
of an acceptable approved program under §194.12 or §194.13
of this chapter, within one of the last two years preceding receipt
of an application for certification or registration. The term "full-time
basis," for purposes of this section, shall mean at least 20 hours
per week for 40 weeks duration during a given year.
(j) Applicants who are unable to demonstrate active
practice on a full time basis may, in the discretion of the board,
be eligible for an unrestricted or restricted certificate or placement
on the non-certified technician registry, subject to one or more of
the following conditions or restrictions as set forth in paragraphs
(1) - (5) of this subsection:
(1) completion of specified continuing education hours
directly or indirectly related to the disciplines of radiologic technology
and offered by an institution accredited by a regional accrediting
organization such as the Southern Association of Colleges and Schools
(SACS), or by agencies or organizations such as JRCERT, JRCNMT, Joint
Review Committee on Education in Cardiovascular Technology (JTCCVT),
the Council on Chiropractic Education (CCE), ABHES, or the American
Society of Radiologic Technologists (ASRT);
(2) current certification by ARRT or NMTCB;
(3) limitation and/or exclusion of the practice of
the applicant to specified activities of the practice;
(4) remedial education; and
(5) such other remedial or restrictive conditions or
requirements which, in the discretion of the board are necessary to
ensure protection of the public and minimal competency of the applicant
to safely practice.
(k) Applicants for certification, registration, or
other authorization:
(1) whose applications have been filed with the board
in excess of one year will be considered expired. Any fee previously
submitted with that application shall be forfeited unless otherwise
provided by §175.5 of this title (relating to Payment of Fees
or Penalties). Any further request for certification will require
submission of a new application and inclusion of the current certification
fee. An extension to an application may be granted under certain circumstances,
including:
(A) Delay by board staff in processing an application;
(B) Application requires Licensure Committee review
after completion of all other processing and will expire prior to
the next scheduled meeting;
(C) Licensure Committee requires an applicant to meet
specific additional requirements for certification and the application
will expire prior to deadline established by the Committee;
(D) Applicant requires a reasonable, limited additional
period of time to obtain documentation after completing all other
requirements and demonstrating diligence in attempting to provide
the required documentation;
(E) Applicant is delayed due to unanticipated military
assignments, medical reasons, or catastrophic events;
(2) who in any way falsify the application may be required
to appear before the board;
(3) on whom adverse information is received by the
board may be required to appear before the board;
(4) shall be required to comply with the board's rules
and regulations which are in effect at the time the completed application
form and fee are filed with the board;
(5) may be required to sit for additional oral or written
examinations that, in the opinion of the board, are necessary to determine
competency of the applicant;
(6) must have the application complete in every detail
at least 20 days prior to the board meeting in which they are considered
for certification. Applicants may qualify for a temporary certificate
prior to being considered by the board for certification, contingent
upon meeting the minimum requirements for a temporary certificate
under this section;
(7) who previously held a Texas health care provider
license, certificate, permit, or registration may be required to complete
additional forms as required.
(l) Alternative Procedures for Military Service Members,
Military Veterans, and Military Spouses.
(1) An applicant who is a military service member,
military veteran, or military spouse may be eligible for alternative
demonstrations of competency for certain requirements related to an
application for certification or placement on the board's Non-Certified
Technician General Registry. Unless specifically allowed in this subsection,
an applicant must meet the requirements for certification as a medical
radiologic technologist, limited medical radiologic technologist,
or placement on the board's Non-Certified Technician General Registry
as specified in this chapter.
(2) To be eligible, an applicant must be a military
service member, military veteran, or military spouse and meet one
of the following requirements:
(A) hold an active unrestricted certificate, license,
or registration as a medical radiologic technologist, limited medical
radiologic technologist, or non-certified technician in another state,
the District of Columbia, or a territory of the United States that
has requirements that are substantially equivalent to the requirements
for a Texas certificate; or
(B) within the five years preceding the application
date held a certificate to practice radiologic technology in this
state.
(3) The executive director may waive any prerequisite
to obtaining a certificate or other authorization for an applicant
described in paragraph (1) of this subsection after reviewing the
applicant's credentials.
(4) Applications for certification or other authorization
from applicants qualifying under paragraphs (1) and (2) of this subsection
shall be expedited by the board's licensure division. Such applicants
shall be notified, in writing or by electronic means, as soon as practicable,
of the requirements and process for renewal of the certificate.
(5) Alternative Demonstrations of Competency Allowed.
Applicants qualifying under paragraphs (1) and (2) of this subsection:
(A) in demonstrating compliance with subsection(i)
of this section must only provide sufficient documentation to the
board that the applicant has, on a full-time basis, actively practiced,
been a student at an approved program, or has been on the active teaching
faculty of an approved program, within one of the last three years
preceding receipt of an application for certification;
Cont'd... |
