| (a) Except as specifically exempted by subsections
(b) and (c) of this section, the provisions of the Act and this chapter
apply to any person representing that he or she performs radiologic
procedures.
(b) This chapter does not prohibit the performance
of a radiologic procedure by the following:
(1) a person who is a practitioner and performs the
procedure in the course and scope of the profession for which that
person holds the license; or
(2) a person who performs a radiologic procedure involving
a dental x-ray machine, including panarex or other equipment designed
and manufactured only for use in dental radiography and under the
instruction or direction of a dentist, if the person and the dentist
are in compliance with rules adopted under §601.251 and §601.252
of the Act, by the Texas State Board of Dental Examiners.
(c) This chapter does not prohibit the performance
of a radiologic procedure which has not been identified as dangerous
or hazardous under §194.17 of this chapter (relating to Dangerous
or Hazardous Procedures) by the following:
(1) a person who has successfully completed a training
program for non-certified technicians (NCT), in accordance with §194.13
of this chapter (relating to Mandatory Training Programs for Non-Certified
Technicians) and §194.15 of this chapter (relating to Bone Densitometry
Training) and who performs the procedure under the instruction or
direction of a practitioner if the person and the practitioner are
in compliance with rules adopted under the Act, §§601.251
- 601.254, by the Texas Board of Chiropractic Examiners, Texas Medical
Board, Texas Physician Assistants Board, Texas Board of Nursing or
Texas State Board of Podiatric Medical Examiners;
(2) a person who has successfully completed a training
program for NCTs, in accordance with §194.13 of this chapter
and who performs the procedure in a hospital that participates in
the federal Medicare program or is accredited by the Joint Commission;
(3) students of medicine, osteopathic medicine, podiatry
or chiropractic when under instruction or direction of a practitioner
and if the student and the practitioner are in compliance with paragraph
(1) of this subsection;
(4) a person who performs only in-vitro clinical or
laboratory testing procedures as described in the Texas Regulations
for the Control of Radiation;
(5) a student enrolled in a radiologic technology program
which meets the requirements of §194.12 of this chapter (relating
to Standards for the Approval of Certificate Program Curricula and
Instructors) or §194.13 of this chapter, who is performing radiologic
procedures in an academic or clinical setting as part of the program;
or
(6) a person who performs radiologic procedures for
a period of not more than ten days, while enrolled in and as a part
of continuing education activities which meet the minimum standards
set out in §194.7 of this chapter (relating to Biennial Renewal
of Certificate or Placement on the Board's General Registry for Non-Certified
Technicians Generally) and who is licensed or otherwise registered
as a medical radiologic technologist in or by another state, District
of Columbia, a territory of the United States, ARRT, NMTCB, the Board
of Registry of the American Society of Clinical Pathologists, the
Canadian Association of Medical Radiologic Technologists, the British
Society of Radiographers, the Australian Institute of Radiography,
or the Society of Radiographers of South Africa; or
(7) a person who performs the procedure in a hospital,
federally qualified health center (FQHC), or for a practitioner, if
a hardship exemption was granted to the hospital, FQHC or practitioner
by the department during the previous 12-month period under §194.16
of this chapter (relating to Hardship Exemptions).
|
