(a) The Board may suspend or revoke a license, disqualify
a person from receiving a license, or deny to a person the opportunity
to take a licensing examination on the grounds that the person has
been convicted, suspended or revoked a license, disqualify a person
from receiving a license, or deny to a person the opportunity to take
a licensing examination on the grounds that the person has been convicted
of:
(1) an offense that directly relates to the duties
and responsibilities of the licensed occupation;
(2) an offense that does not directly relate to the
duties and responsibilities of the licensed occupation and that was
committed less than five years before the date the person applies
for the license;
(3) an offense listed in Section 3g, Article 42.12,
Code of Criminal Procedure; or
(4) a sexually violent offense, as defined by Article
62.001, Code of Criminal Procedure;
(5) This subsection does not apply to a person who
has been convicted only of an offense punishable as a Class C misdemeanor.
(b) Criminal convictions which directly relate to the
profession of medical physics shall be considered as follows.
(1) The board may suspend or revoke any existing license,
disqualify a person from receiving any license, reprimand a licensee,
or place a licensee on probation because of a person's conviction
of a felony or misdemeanor if the crime:
(A) directly relates to the duties and responsibilities
of a licensed medical physicist; or
(B) involves moral turpitude as defined in §190.8(6)(B)(v)
of this title (relating to Violation Guidelines).
(2) In considering whether a criminal conviction directly
relates to the profession of medical physics the board shall consider:
(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the purposes of
licensure as a medical physicist;
(C) the extent to which any license might offer an
opportunity to engage in further criminal activity of the same type
as that in which the person previously had been involved; and
(D) the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibility
of a medical physicist. In making this determination, the board shall
apply the criteria outlined in Texas Occupations Code, Chapter 53.
(c) The following felonies and misdemeanors directly
relate to a license of a medical physicist because these criminal
offenses indicate an inability or a tendency to be unable to properly
engage in the practice of medical physics:
(1) a conviction under the Texas Medical Physics Practice
Act (Act), §602.302;
(2) a conviction involving moral turpitude as defined
by statute or common law;
(3) a conviction relating to deceptive business practices;
(4) a conviction relating to practicing another health
care related profession without a license, certificate, or other approval
required by state or federal law;
(5) a conviction relating to controlled substances,
dangerous drugs, other illegal substances, or alcohol;
(6) a conviction under the Atomic Energy Act of 1954;
(7) a conviction under the Texas Radiation Control
Act, Health and Safety Code, Chapter 401;
(8) a conviction for assault;
(9) an offense under various titles of the Texas Penal
Code:
(A) offenses against the person (Title 5);
(B) offenses against property (Title 7);
(C) offenses against public order and decency (Title
9);
(D) offenses against public health, safety, and morals
(Title 10);
(E) offenses of attempting or conspiring to commit
any of the offenses in this subsection (Title 4);
(F) insurance claim fraud under the Penal Code, §32.55;
and
(10) other misdemeanors and felonies which indicate
an inability or a tendency for the person to be unable to properly
engage in the practice of medical physics. Other misdemeanors or felonies
shall be considered in order to promote the intent of the Act, this
chapter, and Texas Occupations Code, Chapter 53.
(d) The board shall be revoke a license holder's license
upon the license holder's imprisonment following a felony conviction,
felony community supervision revocation, revocation of parole, or
revocation of mandatory supervision.
|