| (a) The registration fee shall not apply to retired
certificate or NCT.
(b) To become exempt from the registration fee due
to retirement, the individual:
(1) must not be under an investigation or order with
the board or otherwise be restricted; and
(2) must request in writing on a form prescribed by
the board for his or her certificate or NCT registration to be placed
on official retired status.
(3) The following restrictions shall apply to a certificate
or NCT registration placed under an official retired status:
(A) the certificate or NCT registration holder must
not engage in clinical activities requiring a certificate or NCT registration
in Texas or any state; and
(B) the certificate or permit holder's certificate
or permit may not be endorsed to any other state.
(c) A retired certificate or NCT registration holder
may return to active status by:
(1) applying to the board;
(2) paying an application fee equal to an application
fee for a certificate or NCT registration holder;
(3) complying with the requirements for certificate
or NCT registration renewal under the Act;
(4) providing current verifications from each state
in which the certificate or NCT registration holder holds a license,
certificate, permit, or registration, as applicable;
(5) providing current verifications of certification
by ARRT, CBRPA, or NMTCB, as applicable; and
(6) complying with subsection (d) of this section.
(d) Licensure Committee or Executive Director Recommendations.
(1) The request of a certificate or NCT registration
holder seeking a return to active status whose certificate or NCT
registration has been placed on official retired status for two years
or longer shall be submitted to the Licensure Committee of the board
for consideration and a recommendation to the full board for approval
or denial of the request. After consideration of the request and the
recommendation of the Licensure Committee, the Licensure Committee
shall make a recommendation to the full board for approval or denial.
After consideration of the request and the recommendation of the Licensure
Committee, the board shall grant or deny the request. After consideration
of the request and the recommendation of the Licensure Committee,
the board shall grant or deny the request subject to such conditions
which the board determines are necessary to adequately protect the
public including, but not limited to the following terms:
(A) 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 SACS, or by JRCERT, JRCNMT, JTCCVT, CCE, ABHES,
or ASRT;
(B) current certification by ARRT, CBRPA, or NMTCB,
as applicable;
(C) limitation and/or exclusion of the practice of
the applicant to specified activities of the practice;
(D) remedial education; and
(E) 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.
(2) The request of a certificate or NCT registration
holder seeking a return to active status whose certificate has been
placed on official retired status for less than two years may be approved
by the executive director of the board or submitted by the executive
director to the Licensure Committee of the board, for consideration
and a recommendation to the full board for approval or denial of the
request. In those instances in which the executive director submits
the request to the Licensure Committee of the board, the Licensure
Committee shall make a recommendation to the full board for approval
or denial. After consideration of the request and the recommendation
of the Licensure Committee, the board shall grant or deny the request
subject to such conditions which the board determines are necessary
to adequately protect the public including, but not limited to those
options provided in paragraph (1)(A) - (E) of this subsection.
(e) In evaluating a request to return to active status,
the Licensure Committee or the full board may require a personal appearance
by the certificate or NCT registration holder at the offices of the
board, and may also require a physical or mental examination by one
or more physicians or other health care providers approved in advance
and in writing by the executive director or the Licensure Committee,
or other designee(s) determined by majority vote of the board.
(f) A retired certificate or NCT registration holder
who has obtained an exemption from the renewal fee as provided for
under this section, may be subject to disciplinary action under the
Act, §601.302, based on unprofessional conduct if the certificate
or NCT registration holder engages in activities requiring a certificate
or NCT registration.
(g) A retired certificate or NCT registration holder
who attempts to obtain an exemption from the registration fee under
this section by submitting false or misleading statements to the board
shall be subject to disciplinary action pursuant to the Act, §601.302,
in addition to any civil or criminal actions provided for by state
or federal law.
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| Source Note: The provisions of this §194.10 adopted to be effective April 3, 2017, 42 TexReg 1763; amended to be effective April 17, 2019, 44 TexReg 1859; amended to be effective November 10, 2019, 44 TexReg 6883 |
