| (6) must have the application complete in every detail
at least 20 days prior to the board meeting in which they are considered
for certification. Applicants may qualify for a temporary certificate
prior to being considered by the board for certification, contingent
upon meeting the minimum requirements for a temporary certificate
under this section;
(7) who previously held a Texas health care provider
license, certificate, permit, or registration may be required to complete
additional forms as required.
(l) Alternative Procedures for Military Service Members,
Military Veterans, and Military Spouses.
(1) An applicant who is a military service member,
military veteran, or military spouse may be eligible for alternative
demonstrations of competency for certain requirements related to an
application for certification or placement on the board's Non-Certified
Technician Registry. Unless specifically allowed in this subsection,
an applicant must meet the requirements for certification as a medical
radiologic technologist, limited medical radiologic technologist,
or placement on the board's Non-Certified Technician Registry as specified
in this chapter.
(2) To be eligible, an applicant must be a military
service member, military veteran, or military spouse and meet one
of the following requirements:
(A) hold an active unrestricted certificate, license,
or registration as a medical radiologic technologist, limited medical
radiologic technologist, or non-certified technician in another state,
the District of Columbia, or a territory of the United States that
has requirements that are substantially equivalent to the requirements
for a Texas certificate or placement on the NCT Registry; or
(B) within the five years preceding the application
date held a certificate to practice radiologic technology in this
state.
(3) The executive director may waive any prerequisite
to obtaining a certificate or other authorization for an applicant
described in paragraph (1) of this subsection after reviewing the
applicant's credentials.
(4) Applications for certification or other authorization
from applicants qualifying under paragraphs (1) and (2) of this subsection
shall be expedited by the board's licensure division. Such applicants
shall be notified, in writing or by electronic means, as soon as practicable,
of the requirements and process for renewal of the certificate.
(5) Alternative Demonstrations of Competency Allowed.
Applicants qualifying under paragraphs (1) and (2) of this subsection:
(A) in demonstrating compliance with subsection (i)
of this section must only provide sufficient documentation to the
board that the applicant has, on a full-time basis, actively practiced,
been a student at an approved program, or has been on the active teaching
faculty of an approved program, within one of the last three years
preceding receipt of an application for certification;
(B) notwithstanding the one-year expiration in subsection
(k)(1) of this section, are allowed an additional six months to complete
the application prior to it becoming inactive; and
(C) notwithstanding the 20-day deadline in subsection
(k)(6) of this section, may be considered for certification up to
five days prior to the board meeting.
(m) Applicants with Military Experience.
(1) The board shall, with respect to an applicant who
is a military service member or military veteran as defined in §194.2
of this title, credit verified military service, training, or education
toward the requirements, other than an examination requirement, for
a certificate or other authorization issued by the board.
(2) This section does not apply to an applicant who:
(A) has had a license, certificate, or registration
to practice radiologic technology suspended or revoked by this state,
another state, a Canadian province, or another country;
(B) holds a license, certificate, or registration to
practice radiologic technology issued by another state, Canadian province,
or another country that is subject to a restriction, disciplinary
order, or probationary order; or
(C) has an unacceptable criminal history.
(n) Re-Application for Certification or other Authorization
Prohibited. A person who has been determined ineligible for a certificate
or placement on the NCT Registry by the Licensure Committee may not
reapply for a certificate or placement on the NCT Registry prior to
the expiration of one year from the date of the board's ratification
of the Licensure Committee's determination of ineligibility and denial.
(o) Request for Criminal History Evaluation Letter.
(1) In accordance with Texas Occupations Code, §53.102,
prior to applying for certification or other authorization, an individual
may request that board staff review the person's criminal history
to determine if the person is potentially ineligible for certification
or other authorization based solely on the person's criminal background.
(2) Requestors must submit their requests in writing
along with appropriate fees as provided in §175.1 of this title
(relating to Application and Administrative Fees).
(3) The board may require additional documentation
including fingerprint cards before issuing a criminal history evaluation
letter.
(4) The board shall provide criminal history evaluation
letters that include the basis for potential ineligibility, if grounds
for ineligibility exist to all requestors no later than the 90th day
after the board receives all required documentation to allow the board
to respond to a request.
(5) If a requestor does not provide all requested documentation
within one year of submitting the original request, the request will
be considered as withdrawn.
(6) All evaluations letters shall be based on existing
law at the time of the request. All requestors remain subject to the
requirements for licensure at the time of application and may be determined
ineligible under existing law at the time of application. If a requestor
fails to provide complete and accurate information to the board, the
board may invalidate the criminal history evaluation letter.
(7) An individual shall be permitted to apply for certification
or other authorization, regardless of the board's determination in
a criminal history evaluation letter.
|
| Source Note: The provisions of this §194.6 adopted to be effective April 3, 2017, 42 TexReg 1763; amended to be effective March 27, 2018, 43 TexReg 1867; amended to be effective April 17, 2019, 44 TexReg 1859; amended to be effective November 10, 2019, 44 TexReg 6883 |
