| (9) Unless exempted under the terms of this subsection,
a certificate holder or NCT's failure to obtain and timely report
required hours of continuing education as required and provided for
in this subsection shall result in the nonrenewal of the authorization
to practice until such time as the certificate holder or NCT obtains
and reports the required continuing education hours; however, the
executive director of the Medical board may issue a temporary certificate
or NCT registration numbered so as to correspond to the nonrenewed
certificate or NCT registration. Such a temporary authorization to
practice shall be issued at the direction of the executive director
for a period of no longer than 90 days. A temporary authorization
to practice issued pursuant to this subsection may be issued to allow
the opportunity to correct any deficiency so as not to require termination
(10) Determination of contact hour credits. A contact
hour shall be defined as 50 minutes of attendance and participation.
One-half contact hour shall be defined as 30 minutes of attendance
and participation during a 30-minute period.
(d) Criminal History Requirement for Registration Renewal.
(1) An applicant must submit a complete and legible
set of fingerprints for purposes of performing a criminal history
(2) The board may not renew the certificate or NCT
registration of a person who does not comply with the requirement
of paragraph (1) of this subsection.
(3) A certificate holder or NCT is not required to
submit fingerprints under this section for the renewal of the certificate
or registration if the holder has previously submitted fingerprints
for the initial issuance or prior renewal of a certificate or NCT
(e) Report of Impairment on Registration Form.
(1) A certificate holder or NCT who reports an impairment
that affects his or her ability to actively practice shall be given
written notice of the following:
(A) based on the individual's impairment, he or she
(i) to be placed on retired status pursuant to §194.10
of this title (relating to Retired Certificate or NCT Registration);
(ii) to voluntarily surrender the certificate or NCT
registration pursuant to §194.33 of this title (relating to Voluntary
Relinquishment or Surrender of Certificate or Permit); or
(iii) to be referred to the Texas Physician Health
Program pursuant to Chapter 180 of this title (relating to Texas Physician
Health Program and Rehabilitation Orders); and
(B) that failure to respond to the written notice or
otherwise not comply with paragraph (1) of this subsection within
45 days shall result in a referral to the board's investigation division
for possible disciplinary action.
(2) The board shall provide written notice as described
in paragraph (1) of this subsection within 30 days of receipt of the
renewal application form indicating the impairment.
(f) The board shall deny an application for renewal
of an authorization to practice upon notice of the certificate or
NCT registration holder's default of child support payments, as provided
under Chapter 232 of the Texas Family Code.
(g) The board shall deny an application for renewal
of a certificate or NCT registration or take and/or impose other disciplinary
action against such an individual who falsifies an affidavit or otherwise
submits false information to obtain renewal of a certificate or NCT
registration, pursuant to the Act, §601.302.
(h) If the renewal fee and completed application form
are not received on or before the expiration date of the certificate
or NCT registration, the fees set forth in Chapter 175 of this title
(relating to Fees and Penalties) shall apply.
(i) Except as otherwise provided, the board shall not
waive fees or penalties.
(j) The board shall stagger biennial renewal of a certificate
or NCT registration proportionally on a periodic basis.
(k) Expired Biennial Renewal.
(A) If a certificate or NCT registration has been expired
for less than one year, the certificate or NCT registration may be
renewed by submitting to the board a completed renewal application,
and the renewal and penalty fees, as set forth under Chapter 175 (relating
to Fees and Penalties).
(B) If a certificate or NCT registration has been expired
for one year or longer, the certificate or NCT registration will be
automatically canceled, unless an investigation is pending, and the
certificate or NCT registration may not be renewed.
(C) A person whose certificate or NCT registration
has expired may not engage in activities that require a certificate
or NCT registration until the authorization has been renewed. Performing
activities requiring a certificate or NCT registration during the
period in which the authority has expired has the same effect as,
and is subject to all penalties of, practicing radiologic technology
in violation of the Act.
(D) If a certificate or NCT registration has been expired
for one year or longer, it is considered to have been canceled, unless
an investigation is pending. A new certificate or NCT registration
may be obtained by complying with the requirements and procedures
for obtaining an original certificate or NCT registration.
(2) Renewal for technologists on active military duty
with expired certificate or NCT registration. A holder of a certificate
or NCT registration that has been expired for longer than a year may
file a complete application for another certificate or NCT registration
of the same type as that which expired.
(A) The application shall be on official board forms
and be filed with required fees.
(B) An applicant shall be entitled to a certificate
of the same type as that which expired based upon the applicant's
previously accepted qualification and no further qualifications or
examination shall be required.
(C) The application must include a copy of the official
orders or other official military documentation showing that the holder
was on active duty during any portion of the period for which the
applicant was last certified or registered as an NCT with the board.
(D) An applicant for a different type of certificate
than that which expired must meet the requirements of this chapter
generally applicable to that type of certificate.
|Source Note: The provisions of this §194.7 adopted to be effective April 3, 2017, 42 TexReg 1763; amended to be effective September 16, 2018, 43 TexReg 5778; amended to be effective November 10, 2019, 44 TexReg 6883