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RULE §194.22Grounds for Denial of Certificate, Registration, or Other Approval, and for Disciplinary Action

(a) The board may refuse to issue a certificate or other approval to any person and may, following notice and a hearing, take disciplinary or remedial action against any individual who commits a violation under §601.052 and §601.302 of the Act.

(b) Chapter 190 of this title (relating to Disciplinary Guidelines) shall apply to individuals regulated under this chapter to be used as guidelines for the following areas as they relate to the denial of certification, registration, or other authorization related to the provisions of this chapter or disciplinary action of a such individuals:

  (1) unprofessional conduct;

  (2) disciplinary action by state boards; and

  (3) aggravating and mitigating factors.

(c) If the provisions of Chapter 190 of this title conflict with the Act or rules under this chapter, the Act and provisions of this chapter shall control.

(d) In addition to the actions outlined under Chapter 190 of this title, engaging in unprofessional conduct includes the following, but is not limited to:

  (1) making any misleading, deceptive, or false representations in connection with service rendered;

  (2) commits an act that is prohibited by state, federal, or local law connected to the practice of radiologic technology;

  (3) performing a radiologic procedure on a patient or client which has not been authorized by a practitioner;

  (4) aiding or abetting a person in violating the Act or rules adopted under the Act;

  (5) any practice or omission that fails to conform to accepted principles and standards of the medical radiologic technology profession;

  (6) performing or attempting to perform radiologic procedures or medical procedures which relate to or are necessary for the performance of a radiologic procedure in which the person is not trained by experience or education or in which the procedure is performed without appropriate supervision;

  (7) performing a radiologic procedure which is not within the scope of a certificate or other authorization to perform radiologic procedures, as set out in §194.21 of this chapter (relating to Scope of Practice);

  (8) failing to adequately supervise a person in the performance of radiologic procedures;

  (9) engaging in, providing, or making false or misleading information or representations, including but not limited to:

    (A) impersonating or acting as a proxy for an examination candidate for any examination required for certification under §194.6 of this chapter (relating to Procedural Rules and Minimum Eligibility Requirements for Applicants for a Certificate or Placement on the Board's Non-Certified Technician General Registry), or continuing education required under §194.7 of this chapter (relating to Biennial Renewal of Certificate or Placement on the Board's General Registry for Non-Certified Technicians Generally);

    (B) concerning services rendered or status of certification or registration, including those that are conferred by certification bodies, or by another country, state, territory, or the District of Columbia;

    (C) offering to provide education or training relating to radiologic technology;

  (10) obtaining, attempting to obtain, or assisting another to obtain certification or placement on the registry by bribery or fraud, or allowing another individual to use the certificate or permit holder's name, certificate, or other professional credentials;

  (11) failing to cooperate with the board or interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts to the board or its authorized representative or by use of threats or harassment against any person;

  (12) defaulting on child support payments, as provided under Chapter 232 of the Texas Family Code, Texas Guaranteed Student Loan Corporation guaranteed student loan, as provided in the Texas Education Code, §57.491, or a non TGSLC-guaranteed student loan, as provided in the Texas Occupations Code, §56.003;

  (13) knowingly concealing information relating to enforcement of the Act or this chapter; or

  (14) engaging in sexual contact or sexually inappropriate behavior or comments directed toward or with a patient, or behaving in an abusive or assaultive, disruptive manner towards a patient or the patient's family or representatives or medical personnel that interferes with patient care or could be reasonably expected to adversely impact the quality of care rendered to a patient.

(e) An education program engages in unprofessional conduct if the program, including its employees or agents, violates any of the provisions of subsection (a) - (d) of this section or if the program:

  (1) makes any misleading, deceptive, or false representations in connection with an application for approval of an education program, or allows an agent of the program to do so to related to any application for approval connected to the program;

  (2) violates state or federal law related to operation of the program;

  (3) aids or abets a person in violating the Act or rules adopted under the Act; or

  (4) abandons an approved education program with currently enrolled students.

(f) The board may take disciplinary action against a student for intentionally practicing radiologic technology without direct supervision. For the purposes of this subsection, "intentionally" is defined as knowing or having reason to know that the physical presence and direct and continuous observation of a supervising MRT or practitioner is required during the performance of the radiologic procedure.

(g) In determining the appropriate action to be imposed in each case, the board shall take into consideration the following factors:

  (1) the severity of the offense;

  (2) the danger to the public;

  (3) the number of repetitions of offenses;

  (4) the length of time since the date of the violation;

  (5) the number and type of previous disciplinary cases filed against the person or program;

  (6) the length of time the person has performed radiologic procedures;

  (7) the length of time the education program has been approved;

  (8) the actual damage, physical or otherwise, to the patient or student, if applicable;

  (9) the deterrent effect of the penalty imposed;

  (10) the effect of the penalty upon the livelihood of the person or program;

  (11) any efforts for rehabilitation; and

  (12) any other mitigating or aggravating circumstances.

Source Note: The provisions of this §194.22 adopted to be effective April 3, 2017, 42 TexReg 1763

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