| (6) Arrest Records. If an applicant has ever been arrested,
a copy of the arrest and arrest disposition must be requested by the
applicant to arresting authority, and that authority must submit copies
directly to the board.
(7) Malpractice. If an applicant has ever been named
in a malpractice claim filed with any liability carrier or if an applicant
has ever been named in a malpractice suit, the applicant must:
(A) have each liability carrier complete a form furnished
by this board regarding each claim filed against the applicant's insurance,
as applicable;
(B) for each claim that becomes a malpractice suit,
have the attorney representing the applicant in each suit submit a
letter directly to the board explaining the allegation, dates of the
allegation, and current status of the suit. If the suit has been closed,
the attorney must state the disposition of the suit, and if any money
was paid, the amount of the settlement. The letter shall be accompanied
by supporting documentation including court records if applicable.
If such letter is not available, the applicant will be required to
furnish a notarized affidavit explaining why this letter cannot be
provided; and
(C) compose and provide a statement explaining the
circumstances pertaining to patient care in defense of the allegations.
(8) Additional Documentation. An applicant must submit
additional documentation as is deemed necessary to facilitate the
investigation of any application for certification.
(g) Review and Recommendations by the Executive Director.
(1) The executive director or designee shall review
applications for certification or other authorization and may determine
whether an applicant is eligible for certification or other authorization,
or refer an application to a committee of the board for review.
(2) If the executive director or designee determines
that the applicant clearly meets all requirements, the executive director
or designee, may issue a certificate or other authorization to the
applicant, to be effective on the date issued without formal board
approval, as authorized by §601.052 of the Act.
(3) If the executive director determines that the applicant
does not clearly meet all certification or other authorization requirements
as prescribed by the Act and this chapter, a certificate or other
authorization may be issued only upon action by the board following
a recommendation by the Licensure Committee, in accordance with §§601.052
of the Act and §187.13 of this title (relating to Informal Board
Proceedings Relating to Licensure Eligibility). Not later than the
20th day after the date the applicant receives notice of the executive
director's determination the applicant shall:
(A) request a review of the executive director's recommendation
by a committee of the board conducted in accordance with §187.13
of this title; or
(B) withdraw his or her application.
(C) If an applicant fails to take timely action, as
provided under this subsection, such inaction shall be deemed a withdrawal
of his or her application.
(4) To promote the expeditious resolution of any matter
concerning an application for certification or other authorization,
the executive director, with the approval of the board, may recommend
that an applicant be eligible for a certificate or other authorization
under certain terms and conditions and present a proposed agreed order
or remedial plan to the applicant. Not later than the 20th day after
the date the applicant receives notice of the executive director's
recommendation for an agreed order or remedial plan, the applicant
shall do one of the following:
(A) sign the order or remedial plan and the order/remedial
plan shall be presented to the board for consideration and acceptance
without initiating a Disciplinary Licensure Investigation (as defined
in §187.13 of this title) or appearing before a committee of
the board concerning issues relating to licensure eligibility; or
(B) request a review of the executive director's recommendation
by a committee of the board conducted in accordance with §187.13
of this title; or
(C) withdraw his or her application.
(D) If an applicant fails to take timely action, as
provided under this subsection, such inaction shall be deemed a withdrawal
of his or her application.
(h) Committee Referrals. An applicant who has either
requested to appear before the licensure committee of the board or
has elected to be referred to the licensure committee of the board
due to a determination of ineligibility by the executive director
in accordance with section, in lieu of withdrawing the application
for certification, may be subject to a Disciplinary Licensure Investigation
as defined in §187.13 of this title. Review of the executive
director's determination by a committee of the board shall be conducted
in accordance with §187.13 of this title. All reports received
or gathered by the board on each applicant are confidential and are
not subject to disclosure under the Public Information Act. The board
may disclose such reports to appropriate licensing authorities in
other states.
(i) All applicants must provide sufficient documentation
to the board that the applicant has, on a full-time basis, actively
practiced, been a student at an acceptable approved program under §194.12
or §194.13 of this title or been on the active teaching faculty
of an acceptable approved program under §194.12 or §194.13
of this title, within one of the last two years preceding receipt
of an application for certification or registration. The term "full-time
basis," for purposes of this section, shall mean at least 20 hours
per week for 40 weeks duration during a given year.
(j) Applicants who are unable to demonstrate active
practice on a full time basis may, in the discretion of the board,
be eligible for an unrestricted or restricted certificate or placement
on the non-certified technician registry, subject to one or more of
the following conditions or restrictions as set forth in paragraphs
(1) - (5) of this subsection:
(1) 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 the Southern Association of Colleges and Schools
(SACS), or by agencies or organizations such as JRCERT, JRCNMT, Joint
Review Committee on Education in Cardiovascular Technology (JTCCVT),
the Council on Chiropractic Education (CCE), ABHES, or the American
Society of Radiologic Technologists (ASRT);
(2) current certification by ARRT, CBRPA, or NMTCB;
(3) limitation and/or exclusion of the practice of
the applicant to specified activities of the practice;
(4) remedial education; and
(5) 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.
(k) Applicants for certification, NCT registration,
or other authorization:
(1) whose applications have been filed with the board
in excess of one year will be considered expired. Any fee previously
submitted with that application shall be forfeited unless otherwise
provided by §175.5 of this title (relating to Payment of Fees
or Penalties). Any further request for certification or registration
will require submission of a new application and inclusion of the
current fee. An extension to an application may be granted under certain
circumstances, including:
(A) Delay by board staff in processing an application;
(B) Application requires Licensure Committee review
after completion of all other processing and will expire prior to
the next scheduled meeting;
(C) Licensure Committee requires an applicant to meet
specific additional requirements for certification or registration
and the application will expire prior to deadline established by the
Committee;
(D) Applicant requires a reasonable, limited additional
period of time to obtain documentation after completing all other
requirements and demonstrating diligence in attempting to provide
the required documentation;
(E) Applicant is delayed due to unanticipated military
assignments, medical reasons, or catastrophic events;
(2) who in any way falsify the application may be required
to appear before the board;
(3) on whom adverse information is received by the
board may be required to appear before the board;
(4) shall be required to comply with the board's rules
and regulations which are in effect at the time the completed application
form and fee are filed with the board;
(5) may be required to sit for additional oral or written
examinations that, in the opinion of the board, are necessary to determine
competency of the applicant;
Cont'd... |
