| (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.
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