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TITLE 22EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 194MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER ACERTIFICATE HOLDERS, NON-CERTIFIED TECHNICIANS, AND OTHER AUTHORIZED INDIVIDUALS OR ENTITIES
RULE §194.6Procedural Rules and Minimum Eligibility Requirements for Applicants for a Certificate or Placement on the Board's Non-Certified Technician General Registry

    (B) notwithstanding the one year expiration in subsection (k)(1) of this section, are allowed an additional six months to complete the application prior to it becoming inactive; and

    (C) notwithstanding the 20 day deadline in subsection (k)(6) of this section, may be considered for certification up to five days prior to the board meeting.

(m) Applicants with Military Experience.

  (1) The board shall, with respect to an applicant who is a military service member or military veteran as defined in §194.2 of this chapter, credit verified military service, training, or education toward the requirements, other than an examination requirement, for a certificate or other authorization issued by the board.

  (2) This section does not apply to an applicant who:

    (A) has had a license, certificate, or registration to practice radiologic technology suspended or revoked by this state, another state, a Canadian province, or another country;

    (B) holds a license, certificate, or registration to practice radiologic technology issued by another state, Canadian province, or another country that is subject to a restriction, disciplinary order, or probationary order; or

    (C) has an unacceptable criminal history.

(n) Re-Application for Certification or other Authorization Prohibited. A person who has been determined ineligible for a certificate by the Licensure Committee may not reapply for a certificate prior to the expiration of one year from the date of the board's ratification of the Licensure Committee's determination of ineligibility and denial of certification.

(o) Request for Criminal History Evaluation Letter.

  (1) In accordance with Texas Occupations Code, §53.102, prior to applying for certification or other authorization, an individual may request that board staff review the person's criminal history to determine if the person is potentially ineligible for certification or other authorization based solely on the person's criminal background.

  (2) Requestors must submit their requests in writing along with appropriate fees as provided in §175.1 of this title (relating to Application and Administrative Fees).

  (3) The board may require additional documentation including fingerprint cards before issuing a criminal history evaluation letter.

  (4) The board shall provide criminal history evaluation letters that include the basis for potential ineligibility, if grounds for ineligibility exist to all requestors no later than the 90th day after the board receives all required documentation to allow the board to respond to a request.

  (5) If a requestor does not provide all requested documentation within one year of submitting the original request, the request will be considered as withdrawn.

  (6) All evaluations letters shall be based on existing law at the time of the request. All requestors remain subject to the requirements for licensure at the time of application and may be determined ineligible under existing law at the time of application. If a requestor fails to provide complete and accurate information to the board, the board may invalidate the criminal history evaluation letter.

  (7) An individual shall be permitted to apply for licensure, regardless of the board's determination in a criminal history evaluation letter.


Source Note: The provisions of this §194.6 adopted to be effective April 3, 2017, 42 TexReg 1763; amended to be effective March 27, 2018, 43 TexReg 1867

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