| (a) A retired holder of a certificate or NCT General
Registration permit by the board whose only practice is the provision
of voluntary charity care shall be exempt from the registration fee.
(b) As used in this section:
(1) "voluntary charity care" means medical care provided
for no compensation to:
(A) indigent populations;
(B) in medically underserved areas; or
(C) for a disaster relief organization.
(2) "compensation" means direct or indirect payment
of anything of monetary value, except payment or reimbursement of
reasonable, necessary, and actual travel and related expenses.
(c) To qualify for and obtain such an exemption, a
certificate or permit holder must truthfully certify under oath, on
a form approved by the board that the following information is correct:
(1) the certificate or permit holder's practice of
medical radiologic technology does not include the provision of services
for either direct or indirect compensation which has monetary value
of any kind;
(2) the certificate or permit holder's practice of
medical radiologic technology is limited to voluntary charity care
for which he or she receives no direct or indirect compensation of
any kind for services rendered; and
(3) the certificate or permit holder's practice of
medical radiologic technology does not include the provision of services
to members of the certificate holder's family.
(d) A retired certificate or permit holder who qualifies
for and obtains an exemption from the registration fee authorized
under this section shall obtain and report continuing education as
required under the Act and §194.7 of this chapter (relating to
Biennial Renewal of Certificate or Placement on the Board's General
Registry for Non-Certified Technicians Generally).
(e) A retired certificate or permit holder who has
obtained an exemption from the registration fee as provided for under
this section, may be subject to disciplinary action under the Act, §601.302,
based on unprofessional or dishonorable conduct likely to deceive,
defraud, or injure the public if the certificate or permit holder
engages in activities requiring a certificate or other required authorization.
(f) A retired or permit certificate 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.
(g) A certificate or permit 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 permit holder;
(3) complying with the requirements for certificate
or permit renewal under the Act;
(4) providing current verifications from each state
in which the certificate or permit holds a license, certificate, permit,
or registration, as applicable;
(5) providing current verifications of certification
by ARRT or NMTCB, as applicable;
(6) submitting professional evaluations from each employment
held after the license was placed on retired status; and
(7) complying with subsection (h) of this section.
(h) Licensure Committee or Executive Director Recommendations.
(1) The request of a certificate or permit holder seeking
a return to active status whose certificate or permit 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 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 permit 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 Medical 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.
(i) In evaluating a request to return to active status,
the Licensure Committee or the full board may require a personal appearance
by the certificate 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 in writing by the
executive director, the secretary, the Licensure Committee, or other
designee(s) determined by majority vote of the board.
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