| (9) Unless exempted under the terms of this subsection,
a certificate holder or NCT's failure to obtain and timely report
required hours of continuing education as required and provided for
in this subsection shall result in the nonrenewal of the certificate
until such time as the certificate holder obtains and reports the
required continuing education hours; however, the executive director
of the Medical board may issue to such a certificate holder a temporary
certificate numbered so as to correspond to the nonrenewed certificate.
Such a temporary certificate shall be issued at the direction of the
executive director for a period of no longer than 90 days. A temporary
certificate issued pursuant to this subsection may be issued to allow
the certificate holder who has not obtained or timely reported the
required number of hours an opportunity to correct any deficiency
so as not to require termination of practice.
(10) Determination of contact hour credits. A contact
hour shall be defined as 50 minutes of attendance and participation.
One-half contact hour shall be defined as 30 minutes of attendance
and participation during a 30-minute period.
(d) Criminal History Requirement for Registration Renewal.
(1) An applicant must submit a complete and legible
set of fingerprints for purposes of performing a criminal history
check of the applicant.
(2) The board may not renew the certificate or NCT
general registration permit of a person who does not comply with the
requirement of paragraph (1) of this subsection.
(3) A holder of a certificate or NCT general registration
permit is not required to submit fingerprints under this section for
the renewal of the certificate or permit if the holder has previously
submitted fingerprints for the initial issuance of the certificate
NCT general registration permit or as part of a prior renewal of a
certificate or NCT general registration permit.
(e) Report of Impairment on Registration Form.
(1) A holder of a certificate or NCT general registration
permit who reports an impairment that affects his or her ability to
actively practice as a MRT, LMRT, or NCT shall be given written notice
of the following:
(A) based on the individual's impairment, he or she
may request:
(i) to be placed on retired status pursuant to §194.10
of this chapter (relating to Retired Certificate or NCT General Registration
Permit);
(ii) to voluntarily surrender the certificate or NCT
registration permit pursuant to §194.33 of this chapter (relating
to Voluntary Relinquishment or Surrender of Certificate or Permit);
or
(iii) to be referred to the Texas Physician Health
Program pursuant to Chapter 180 of this title (relating to Texas Physician
Health Program and Rehabilitation Orders); and
(B) that failure to respond to the written notice or
otherwise not comply with paragraph (1) of this subsection within
45 days shall result in a referral to the board's investigation division
for possible disciplinary action.
(2) The board shall provide written notice as described
in paragraph (1) of subsection within 30 days of receipt of the certificate
holder's registration form indicating the certificate holder's impairment.
(f) The board shall deny an application for renewal
of a certificate upon notice of the certificate or NCT general registration
permit holder's default of child support payments, as provided under
Chapter 232 of the Texas Family Code, or default of a Texas Guaranteed
Student Loan Corporation guaranteed student loan, as provided in the
Texas Education Code, §57.491.
(g) The board shall deny an application for renewal
of a certificate or NCT general registration permit or take and/or
impose other disciplinary action against such an individual who falsifies
an affidavit or otherwise submits false information to obtain renewal
of a certificate, pursuant to the Act, §601.302.
(h) If the renewal fee and completed application form
are not received on or before the expiration date of the certificate,
the fees set forth in Chapter 175 of this title (relating to Fees
and Penalties) shall apply.
(i) Except as otherwise provided, the board shall not
waive fees or penalties.
(j) The board shall stagger biennial registration of
certificate or NCT general registration permit holders proportionally
on a periodic basis.
(k) A certificate or NCT general registration permit
holder who engages in activities requiring a certificate or other
authorization while in Texas, without an biennial registration permit
for the current renewal period as provided for in the board rules
has the same force and effect as and is subject to all penalties of
practicing without a certificate or other required authorization.
(l) Expired Biennial Registration.
(1) Generally.
(A) If a certificate or NCT general registration permit
holder's registration has been expired for less than one year, the
certificate or permit holder may obtain a new registration by submitting
to the board a completed registration application, and the registration
and penalty fees, as set forth under Chapter 175 (relating to Fees
and Penalties).
(B) If a certificate holder or NCT general registration
permit holder's registration has been expired for one year or longer,
the certificate or permit holder's certificate or permit will be automatically
canceled, unless an investigation is pending, and the certificate
or permit holder may not obtain a new registration.
(C) A person whose certificate or NCT general registration
permit has expired may not engage in activities that require a certificate
or permit until the certificate or permit has been renewed. Performing
activities requiring a certificate or permit during the period in
which registration has expired without obtaining a new registration
for the current registration period has the same effect as, and is
subject to all penalties of, practicing radiologic technology in violation
of the Act.
(D) If a certificate or NCT general registration permit
has been expired for one year or longer, it is considered to have
been canceled, unless an investigation is pending. A new certificate
or NCT general registration permit may be obtained by complying with
the requirements and procedures for obtaining an original certificate
or permit.
(2) Renewal for technologists on active military duty
with expired certificate or NCT general registration permit. A holder
of a certificate or NCT general registration permit that has been
expired for longer than a year may file a complete application for
another certificate or permit of the same type as that which expired.
(A) The application shall be on official board forms
and be filed with the application and initial certification or NCT
general registration permit fee.
(B) An applicant shall be entitled to a certificate
or NCT general registration permit of the same type as that which
expired based upon the applicant's previously accepted qualification
and no further qualifications or examination shall be required.
(C) The application must include a copy of the official
orders or other official military documentation showing that the holder
was on active duty during any portion of the period for which the
applicant was last certified or registered as an NCT with the board.
(D) An applicant for a different type of certificate
than that which expired must meet the requirements of this chapter
generally applicable to that type of certificate.
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