22 TAC §§601.1 - 601.22
The amendments and new sections are adopted under the Texas
Medical Physics Practice Act, Texas Occupations Code, §602.151, which
requires the Texas Board of Licensure for Professional Medical Physicists
to adopt rules, with the approval of the Texas Board of Health, that are reasonably
necessary for the proper performance of its duties under the Act.
§601.1.Purpose and Scope.
(a)
Purpose.
(1)
These sections in this chapter are intended to implement
the provisions of the Texas Medical Physics Practice Act (Act), Texas Occupations
Code, Chapter 602 , concerning the regulation and licensure of medical physicists,
in that:
(A)
the citizens of this state are entitled to the protection
of their health, safety, and welfare from the harmful effects of excessive
radiation; and
(B)
the practice of medical physics is a threat to the public
if conducted by incompetent persons.
(2)
These sections in this chapter will insure that the public
is protected from the dangers described by paragraph (1)(A) and (B) of this
subsection by:
(A)
establishing minimum standards of education, training,
and competency for persons engaged in the practice of medical physics; and
(B)
ensuring that the privilege of practicing in the field
of medical physics is entrusted only to those persons licensed under the Act.
(b)
Scope. These sections cover definitions of words and terms
used in this chapter; establish general policies governing the operation of
the Texas Board of Licensure for Professional Medical Physicists (board);
establish a schedule of fees, criteria for exemptions, and application procedures
for licensure as a medical physicist; establish qualification requirements
for licensure by examination; establish eligibility requirements a person
must meet for obtaining a temporary license; establish requirements for license
issuance and license holder responsibilities, and license renewal; establish
the time periods and procedures the board shall follow in processing applications
for or renewal of a license; delineate the board's procedures in handling
a petition for adoption of a rule; establish a code of ethics; establish guidelines
and criteria on eligibility of persons with criminal backgrounds to obtain
a license; establish standards for handling violations, complaints and subsequent
actions; sets procedures a licensee must follow for surrender of a license;
and establish procedures for holding formal hearings; establish standards
for suspension of license for failure to pay child support; establish continuing
education requirements; establish medical physics specialties and scope of
practice; and establish standards for issuance of a provisional license.
§601.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act--The Texas Medical Physics Practice Act (Act), Texas
Occupations Code, Chapter 602, concerning the licensure and regulation of
professional medical physicists.
(2)
APA--The Administrative Procedure Act, Texas Government
Code, Chapter 2001.
(3)
Applicant--A person who applies to the Texas Board of Licensure
for Professional Medical Physicists (board) for a license.
(4)
Board--The Texas Board of Licensure for Professional Medical
Physicists.
(5)
Commissioner--The commissioner of health.
(6)
Department--The Texas Department of Health.
(7)
Diagnostic radiological physics--The branch of medical
physics that deals with the diagnostic application of roentgen rays, gamma
rays from sealed sources, ultrasonic radiation, or radiofrequency radiation
and the use of equipment associated with the production and use of that radiation.
(8)
License--A certificate issued by the board authorizing
the license holder to engage in the practice of medical physics including
the temporary license and provisional license unless the context clearly indicates
otherwise.
(9)
Licensed medical physicist--A person who holds a license
issued under the Act.
(10)
Medical health physics--The branch of medical physics
that deals with the safe use of roentgen rays, gamma rays, electron or other
charged particle beams, neutrons, radionuclides, and radiation from sealed
radionuclide sources for both diagnostic and therapeutic purposes in humans
and the use of equipment required to perform appropriate radiation tests and
measurements.
(11)
Medical nuclear physics--The branch of medical physics
that deals with the therapeutic and diagnostic application of radionuclides,
except those used in sealed sources for therapeutic purposes, and the use
of equipment associated with the production and use of radionuclides.
(12)
Medical physics--The branch of physics that is associated
with the practice of medicine; and includes, but is not limited to, the field
of radiological physics.
(13)
Physician--A person licensed to practice medicine by the
Texas State Board of Medical Examiners under Texas Occupations Code, Chapter
152, or if out-of-state a person who holds a valid license to practice medicine
in that state or territory.
(14)
Practice of medical radiological physics--The use of principles
and accepted protocols of physics to assure the correct quality, quantity,
and placement of radiation during the performance of a radiological procedure
prescribed by a practitioner that will protect the patient and others from
harmful excessive radiation. The term includes radiation beam calibration
and characterization, quality assurance, instrument specification, acceptance
testing, shielding design, protection analysis on radiation-emitting equipment
and radiopharmaceuticals, and consultation with a physician to assure accurate
radiation dosage to a specific patient.
(15)
Practitioner--A doctor of medicine, osteopathy, podiatry,
dentistry, or chiropractic who is licensed in this state and who prescribes
radiologic procedures for other persons.
(16)
Provisional license--An authorization to practice medical
physics for a period not to exceed 180 days for individuals currently licensed
or certified in another jurisdiction.
(17)
Quality assurance--An all encompassing term that includes
data recording, patient management, outcome analysis and equipment performance
monitoring.
(18)
Quality control--A subset under quality assurance and
concerns monitoring the performance of imaging, treatment and associated radiological
equipment.
(19)
Radiation--Ionizing and/or nonionizing radiation above
background levels used to perform a diagnostic or therapeutic medical or dental
radiological procedure
(20)
Radiological physics--The branch of medical physics that
includes diagnostic radiological physics, therapeutic radiological physics,
medical nuclear physics, and medical health physics.
(21)
Radiological procedure--A test, measurement, calculation,
or radiation exposure used in the diagnosis or treatment of disease or other
medical or dental conditions in humans that includes therapeutic radiation,
diagnostic radiation, nuclear magnetic resonance, or nuclear medicine procedures.
The activities and services which fall within the definitions in the Act of
the practice of medical radiological physics, diagnostic radiological physics,
therapeutic radiological physics, medical nuclear physics, or medical health
physics are not radiological procedures. The activities and services which
fall within the Texas Regulations for Control of Radiation, 25 TAC §289.227(k),
(q), (o)(3)(D), (p)(3) and §289.229(h)(2)(D)(i) - (iii) and (3)(C)(iv),
are not radiological procedures.
(22)
Supervision--To oversee the work of a medical physicist
holding a temporary license in the performance of those duties defined as
the practice of medical physics. For the purpose of fulfilling the work experience
and examination requirement the supervisor shall be responsible for the temporary
licensee's work during this period. An individual is considered to be supervised
if:
(A)
the supervisor is routinely and substantially present at
the facility during the performance of duties at that facility by the individual
being supervised; and
(B)
the supervisor assumes the responsibility, and is provided
with the authority, to observe and correct the actions of the individual being
supervised.
(23)
Temporary License--a certificate authorizing an individual
to practice medical physics under the supervision of a licensed medical physicist.
(24)
Therapeutic radiological physics--The branch of medical
physics that deals with the therapeutic application of roentgen rays, gamma
rays, electron and other charged particle beams, neutrons, or radiations from
radionuclide sources and the use of equipment associated with the production
and use of that radiation.
(25)
Upper division semester hour credits--Third-year level
or above (junior, senior or graduate) course work completed from an accredited
college or university.
§601.4.Fees.
This section sets out the fees for licensure as a medical physicist
as prescribed by the board.
(1)
The schedule of fees for licensure as a medical physicist
is as follows:
(A)
application processing and initial licensing fee:
(i)
first specialty on initial application--$125;
(ii)
additional specialties on initial application--$50 each;
(iii)
additional specialties on subsequent applications--$75
each; and
(iv)
upgrade of temporary license to annual license--$75;
(B)
renewal fee:
(i)
first specialty--$125; and
(ii)
additional specialties--$50 each;
(C)
one to 90-day penalty fee--one-half of the renewal fee
(plus the renewal fee that was due at the time of expiration);
(D)
91-day to two-year penalty fee--the renewal fee (plus the
renewal fee that was due at the time of expiration);
(E)
license replacement fee--$20;
(F)
examination fee--the fee for the specialty examination
as set by contract with the examining body; and
(G)
child support reinstatement fee--$50.
(2)
The schedule of fees for a temporary license as a medical
physicist is as follows:
(A)
application processing and initial temporary license fee:
(i)
first specialty on initial application--$125;
(ii)
additional specialties on initial application--$50 each;
and
(iii)
additional specialties on subsequent applications--$75
each;
(B)
temporary license renewal fee:
(i)
first specialty--$125; and
(ii)
additional specialties--$25 each;
(C)
one to 90-day penalty fee--one-half of the temporary license
renewal fee (plus the temporary license renewal fee that was due at the time
of expiration);
(D)
91-day to two-year penalty fee--the renewal fee (plus the
renewal fee that was due at the time of expiration); and
(E)
temporary license replacement fee--$20; and
(F)
child support reinstatement fee--$50.
(3)
The fee for a provisional license as a medical physicist
is as follows:
(A)
application processing and initial temporary license fee:
(i)
first specialty on initial application--$125;
(ii)
additional specialties on initial application--$50 each;
and
(iii)
additional specialties on subsequent applications--$75
each; and
(B)
provisional license replacement fee--$20.
(4)
All fees are nonrefundable and shall be submitted in the
form of a check or money order.
(5)
An applicant whose check for the application processing
and initial licensing fee or renewal fee is returned due to insufficient funds,
account closed, or payment stopped shall be allowed to reinstate the application
or renewal by remitting a money order or cashier's check for guaranteed funds
within 30 days of the date of receipt of the board's notice that the check
was returned. An application renewal will be considered incomplete until the
fee has been received and cleared through the appropriate financial institution.
If the license has already been issued, it shall be invalid.
(6)
A license holder whose check for the renewal fee is returned
due to insufficient funds, account closed, or payment stopped shall remit
a money order or cashier's check for guaranteed funds within 30 days of the
date of receipt of the board's notice that the check was returned. If the
fee is not remitted timely, the license shall not be renewed. If the license
renewal has already been issued, it shall be invalid.
(7)
The board shall notify the applicant's or licensee's employer
that the person has failed to comply with this section.
§601.5.Exemptions.
(a)
This section sets out who is exempt from the Texas Medical
Physics Practice Act (Act) and who must be licensed under the Act.
(b)
Except as specifically exempted by subsection (c) of this
section, the provisions of the Act and this chapter apply to any person who
engages in the practice of medical physics.
(c)
The Act and this chapter do not apply to:
(1)
practitioners in the performance of radiological procedures;
(2)
a person certified as a medical radiological technologist
practicing under the Medical Radiologic Technologist Certification Act, (Texas
Occupations Code, Chapter 601);
(3)
persons who perform radiological procedures under a practitioner's
instruction or supervision;
(4)
persons performing beam calibration and characterization,
quality assurance, instrument specification, acceptance testing, shielding
design, or protection analysis on radiation-emitting equipment or radiopharmaceuticals
for procedures not involved with the diagnosis or treatment of disease or
other medical or dental conditions in humans; or
(5)
a person employed by a federal or state regulatory agency
who is performing duties within the scope of his or her employment.
(d)
Activities that do not fall within the definition of medical
physics are not governed by the Act or this chapter.
§601.6.Application Procedures.
(a)
General.
(1)
Unless otherwise indicated, an applicant must submit all
required information and documentation of qualifications on forms prescribed
by the board.
(2)
The board shall not consider an application as officially
submitted until the applicant pays the application fee. The fee must accompany
the application form.
(3)
The executive secretary shall send a notice listing the
required additional materials to an applicant who does not complete the application
in a timely manner. An application not completed within 30 days after the
date of the notice may be invalidated.
(b)
Required application materials.
(1)
Application form. The application form shall include the
following:
(A)
specific information regarding personal data, social security
number, birth month and day, place of employment, other state licenses and
certifications held, misdemeanor and felony convictions, educational and training
background, and work experience;
(B)
a statement that the applicant has read the Act and this
chapter and agrees to abide by them;
(C)
the applicant's permission to the board to seek any information
or references it deems necessary to determine the applicant's qualifications;
(D)
a statement that the applicant, if issued a license, shall
return the license to the board upon the revocation or suspension of the license;
(E)
a statement that the applicant understands that fees submitted
are nonrefundable;
(F)
a statement that the applicant understands that materials
submitted become the property of the board and are nonreturnable (unless prior
arrangements have been made);
(G)
a statement that the information in the application is
truthful and that the applicant understands that providing false information
of any kind may result in the voiding of the application and failure to be
granted a license, or the revocation of any license issued;
(H)
a statement that if issued a license, the applicant shall
keep the board advised of his or her current mailing address; and
(I)
the signature of the applicant which has been dated and
notarized.
(2)
Required documentation. Applicants for a license must submit:
(A)
evidence of relevant work experience, including a description
of the responsibilities and duties performed;
(B)
an official transcript from a college or university granting
the applicant's degree or certificate of completion of training course or
if a college or university does not issue an official transcript, the board
may accept another form of official documentation or sworn evidence of the
degree or successful completion of courses;
(C)
a statement of the medical physics specialty for which
the application is submitted;
(D)
three current professional references as follows:
(i)
two medical physicists. If the applicant is applying for
one specialty, both physicists must be practicing in that specialty area.
If the applicant is applying for two or more specialties, one physicist must
be practicing in one of those specialties and the other physicist must be
practicing in another one of the specialties for which the applicant is making
application;
(ii)
one licensed physician practicing and certified in at
least one of the specialties for which the applicant is making application;
however, if the applicant is applying for a license in the specialty area
of medical health physics, the physician may be practicing and certified in
diagnostic radiology, radiation oncology, or nuclear medicine;
(iii)
if applying for a temporary license, post-secondary academic
references may be substituted; and
(E)
a fee as prescribed by the board; and
(F)
the completion, of the current open book examination relating
to the practice of medical physics in this state. The applicant is responsible
for verifying that he or she has taken and submitted the most current version
of the open book examination.
(c)
Consideration of application. This subsection is intended
to address the applications procedures required by the Act, §602.204
and §602.209.
(1)
The board or the executive secretary may require an applicant
to appear before the board or executive secretary to present further information
in support of the application.
(2)
At any time before the board issues or renews a license,
the applicant may request in writing that the board withdraw its consideration
of the application, but the board shall retain the application and accompanying
fee. To reapply, the applicant must submit a new application and fee.
(3)
If an applicant meets all requirements of the Act and this
chapter and has completed the examination, the executive secretary shall approve
the application and issue a medical physicist license. The executive secretary,
with direction from the chair, shall prepare and circulate to the board members
a summary of each application approved under this paragraph with a recommendation
that the board ratify the approval at its next meeting.
(4)
If an applicant has not completed a specialty examination
accepted by the board under this chapter, the executive secretary, with direction
from the chair, shall forward a summary of the application and a recommendation
for action to the appropriate committee of the board for review and recommendation.
(A)
If the committee finds that the applicant meets all requirements
of the Act and this chapter, the committee shall approve the applicant to
take the required examination for a medical physicist license or to be issued
a temporary license if appropriate.
(i)
The executive secretary shall issue the medical physicist
license once the applicant successfully completes the required examination.
(ii)
The executive secretary, with direction from the chair,
shall prepare and circulate to the board members a summary of each application
approved under this subparagraph with a recommendation that the board ratify
the approval at its next meeting.
(B)
If the committee finds that the applicant does not meet
all requirements of the Act and this chapter, the committee shall instruct
the executive secretary to give the applicant written notice of the reason
of the proposed disapproval of the application and the areas of deficiency
and of the opportunity for a formal hearing. The notice shall be given by
the 30th day after the committee makes a decision. Within 30 days after receipt
of the written notice, the applicant shall give written notice to the executive
secretary if the applicant wants the hearing. If the applicant fails to respond
within 30 days after receipt of the notice, the applicant is deemed to have
waived the hearing and the board shall finally disapprove the application.
(d)
Disapproved applications.
(1)
The appropriate committee of the board may propose disapproval
and the board may disapprove the application if the person:
(A)
does not meet the qualifications for a license as set forth
in the Act or this chapter;
(B)
has failed to pass the open book portion of the examination
with a passing score of 80%;
(C)
has failed to pass an accepted specialty examination described
in §601.8(d) of this title;
(D)
has deliberately presented false information to the board
to verify the applicant's qualifications;
(E)
has obtained or renewed a license by means of fraud, misrepresentation,
or omission of material facts;
(F)
has made application for or held a license issued by the
licensing authority of another state, territory, or jurisdiction that was
denied, suspended, or revoked by that licensing authority;
(G)
has been convicted of a felony or misdemeanor that involved
moral turpitude or that directly relates to a person's duties and responsibilities
as a licensed medical physicist;
(H)
has otherwise violated this Act, a lawful order or rule
of the board, or the board's code of ethics; or
(I)
lacks the necessary skills, abilities and professional
ethics to engage in the practice of medical physics in the specialty area
requested.
(2)
An applicant whose application has been formally denied
under paragraph (1)(F) - (H) of this subsection shall be permitted to reapply
after a period of not less than one year from the date of the disapproval
and shall submit with the reapplication, proof satisfactory to the board of
compliance with all rules of the board and the provisions of the Act in effect
at the time of reapplication.
§601.8.Eligibility For Examination.
(a)
Eligibility. To take a specialty examination for a medical
physicist license for a professional medical physicist, a person must:
(1)
have an earned master's or doctoral degree:
(A)
from a program of study in medical physics that is accredited
by the American Association of Physicists in Medicine (AAPM) Commission on
Accreditation of Medical Physics Education Programs;
(B)
from an accredited college or university in physics, medical
physics, biophysics, radiological physics, medical health physics or nuclear
engineering; or
(C)
from an accredited college or university:
(i)
in physical science (including chemistry), applied mathematics
or engineering; and
(ii)
have twenty semester hours (30 quarter hours) of undergraduate
or graduate level physics courses, if offered:
(I)
by the faculty of a Department of Physics and would be
acceptable in meeting undergraduate or graduate degree requirements in physics
of the offering department; or
(II)
by the faculty of a program accredited in medical physics
by the AAPM Commission on Accreditation of Medical Physics Education Program;
or
(III)
by the faculty of another science department and acceptable
to the board. .
(2)
have demonstrated, to the board's satisfaction, the completion
of at least two years of full-time work experience;
(3)
have work experience in more than one specialty to include
six additional months of full-time equivalent work experience in each specialty;
and
(4)
submit a completed application as required by the Act, §602.203.
(b)
Work experience. Full-time work experience shall be at
least 32 hours per week in the specialty area. Part-time work experience may
be aggregated in order to meet the minimum of 32 work hours per week. All
work experience must have been completed in the five years preceding the date
of application (the date of receipt of the application for a medical physicist
license or for the upgrade of a temporary license to a medical physicist license)
in the medical physics specialty for which application is made.
(c)
Foreign academic credit. Degrees and course work received
at foreign universities shall be acceptable only if such course work could
be counted as transfer credit by accredited universities as reported by the
American Association of Collegiate Registrars and Admissions Officers. An
applicant having a foreign degree(s) must furnish at the applicant's own expense
an evaluation of the foreign degree(s) from a commercial evaluation service.
The degree evaluation must be sent directly to the board by the evaluation
service. An applicant must submit with the application complete certified
copies or documented proof of the degree(s) awarded (masters or doctorate)
and the date it was awarded. Documents written in languages other than English
shall be accompanied by a certified English translation.
(d)
Approved specialty examination.
(1)
An applicant under this section must successfully complete
one of the following examinations in each specialty for which application
is submitted:
(A)
the examination in the specialty developed and administered
by the board; or
(B)
for the therapeutic radiological physics specialty, the
examination offered by:
(i)
the American Board of Radiology or its successor organization
in therapeutic radiological physics or radiological physics;
(ii)
the American Board of Medical Physics or its successor
organization in radiation oncology physics; or
(iii)
the Canadian College of Physicists in Medicine or its
successor organization in general medical physics;
(C)
for the medical nuclear physics specialty, the examination
offered by:
(i)
the American Board of Radiology or its successor organization
in nuclear medicine physics or radiological physics;
(ii)
the American Board of Medical Physics or its successor
organization in nuclear medicine physics;
(iii)
the American Board of Science in Nuclear Medicine or
its successor organization in physics and instrumentation; or
(iv)
the Canadian College of Physicists in Medicine or its
successor organization in general medical physics;
(D)
for the diagnostic radiological physics specialty, the
examination offered by:
(i)
the American Board of Radiology or its successor organization
in diagnostic radiological physics or radiological physics;
(ii)
the American Board of Medical Physics or its successor
organization in diagnostic imaging physics; or
(iii)
the Canadian College of Physicists in Medicine or its
successor organization in general medical physics; or
(E)
for the medical health physics specialty, the examination
offered by:
(i)
the American Board of Radiology or its successor organization
in radiological physics;
(ii)
the American Board of Health Physics or its successor
organization in health physics or comprehensive health physics;
(iii)
the American Board of Medical Physics or its successor
organization in medical health physics;
(iv)
the American Board of Science in Nuclear Medicine or its
successor organization in radiation protection; or
(v)
the Canadian College of Physicists in Medicine or its successor
organization in general medical physics.
(2)
An applicant who has successfully completed one of the
examinations set out in paragraph (1)(B) - (E) of this subsection shall not
be reexamined in that specialty area.
(e)
Failure of examination. If the applicant fails a board
administered examination, relating to subsection (d)(1)(A) of this section,
the applicant will be required to submit a new application for re-examination.
(f)
Failure of more than one board administered examination.
An applicant who fails three board examinations in a specialty area may not
reapply for an additional examination in the specialty area until the applicant
has demonstrated, to the board's satisfaction, the completion of at least
one additional year of full-time work experience after the third failed examination.
(1)
The work experience must be under the supervision of a
licensed medical physicist holding a license in the specialty area.
(2)
The applicant must hold a temporary license in the specialty
area during the work experience if the experience is gained in this state.
(A)
The applicant may be issued up to two additional temporary
licenses only in order to gain the work experience required by this paragraph
and to retake the examination once.
(B)
The applicant must take and pass the next examination offered
after completion of the additional work experience.
(C)
Any temporary license issued under this subsection shall
expire upon notification to the board that the applicant failed to apply for
or failed to appear for the examination, upon notification to the applicant
of his or her failure of the examination, or upon the issuance of his or her
medical physicist license if the examination was passed, whichever occurs
first.
(D)
An applicant who completes the work experience within the
first year the additional temporary license is issued under this subsection
and for whom an examination is given and results released during that year
is not entitled to any further temporary licenses in that specialty area.
(3)
In order to obtain a medical physicist license the applicant
must reapply for licensure under subsection (a) of this section and must take
and pass an examination as set out in subsection (d) of this section.
(g)
Upgrade. Following successful completion of a medical physics
specialty examination as set out in subsection (d) of this section and the
relevant work experience, a temporary licensee may upgrade the temporary license
to a medical physicist license.
(1)
A medical physicist license shall not be issued until the
applicant has passed the examination. The application procedures set out in §601.6
of this title (relating to Application Procedures) shall apply except that
the applicant need not file a transcript unless additional relevant course
work has been completed.
(2)
The temporary licensee must also submit three current professional
references as follows:
(A)
two medical physicists. If the applicant is applying for
one specialty, both physicists must be practicing in that specialty area.
If the applicant is applying for two or more specialties, one physicist must
be practicing in one of those specialties and the other physicist must be
practicing in another one of the specialties for which the applicant is making
application; and
(B)
one licensed physician practicing and certified in at least
one of the specialties for which the applicant is making application; however,
if the applicant is applying for a license in the specialty area of medical
health physics, the physician may be practicing and certified in diagnostic
radiology, radiation oncology, or nuclear medicine.
(h)
Expired temporary license. A person whose temporary license
has expired may not upgrade the temporary license to a medical physicist license.
Application must be made under the provisions set out in §601.6 of this
title.
§601.11.License and Temporary License Renewal.
(a)
General.
(1)
A license is valid for one year from the date it is granted
and must be renewed in each specialty area annually.
(A)
The initial medical physicist license shall be valid through
the licensee's next birth month; however, when the birth month occurs within
four months, the license shall be issued for that period plus the next full
year in order to establish a staggered renewal system.
(B)
The renewal date of a medical physicist license shall be
the last day of the licensee's birth month.
(C)
The renewal date of a temporary license shall be one year
from the date of issuance.
(2)
Each licensee is responsible for renewing a license in
each specialty and paying the renewal fee before the expiration date and shall
not be excused from paying penalty fees.
(3)
The board may deny the renewal of a license if the licensee
is in violation of or has violated the Act or this chapter.
(4)
The board shall deny renewal if required by the Education
Code, §57.491 relating to defaults on guaranteed student loans.
(5)
The board shall deny the license renewal of a licensee
whose license is proposed for revocation, suspension, reprimand or probation
in a formal hearing. A formal hearing commences when the notice described
in §601.16 of this title (relating to Violations, Complaints, and Subsequent
Actions) is mailed by the board.
(A)
Licenses which are not revoked or suspended as a result
of formal proceedings shall be renewed provided that all other requirements
are met.
(B)
In the case of delay in the license renewal process because
of formal license suspension or revocation proceedings, penalty fees shall
not apply if timely and sufficient application for renewal was made.
(b)
License renewal.
(1)
At least 45 days prior to the expiration date of a license,
the board will send notice to the licensee of the expiration date of the license,
the amount of the renewal fee due, and a license renewal form which the licensee
must complete and return to the board with the required fee.
(2)
The license renewal form shall require the licensee to
provide current addresses, telephone numbers, and information relating to
the type of practice.
(3)
The completed license renewal form and the renewal fee
must be postmarked or delivered on or before the expiration date of the license.
(4)
The board is not responsible for lost, misdirected, or
undelivered renewal application forms, fees, or renewal licenses.
(5)
The board shall issue a renewal license to a licensee who
has met all requirements for renewal. The licensee must display the current
renewal license.
(6)
The board shall issue a renewal license to a licensee who
complies with paragraph (3) of this subsection but who fails to complete the
continuing education requirements (if required) for relicensure as set out
in §601.20 of this title. The renewal license shall expire 180 days after
the last day of the licensee's birth month. If the deficiency is corrected
and proof of completion of the continuing education requirements is sent to
the board within the 180 day period, the board shall issue a renewal license
which expires on the last day of the licensee's next birth month. An licensee
who does not correct the deficiency within 180 days shall not be allowed to
extend or renew the license.
(7)
The license of a person who made a timely and sufficient
application for renewal of his or her license does not expire until the application
for renewal is finally determined by the board, or in case the application
is denied, until the last day for seeking review of the board's order or a
later date fixed by order of a reviewing court.
(c)
Late renewal.
(1)
If a person's license has been expired for not more than
90 days, the person may renew the license by submitting the license renewal
form with the one to 90-day penalty fee and a completed continuing education
report form (if required). A license issued under this subsection shall expire
on the licensee's next birth month. The person is not eligible for a 180 day
license as described in subsection (b)(6) of this section.
(2)
If a person's license has been expired for more than 90
days but less than two years, the person may renew the license by submitting
the license renewal form with the 91-day to two year penalty fee. The person
must comply with the continuing education requirements (if required) for renewal
as set out in §601.20 of this title before the late renewal is effective.
The license will expire on the licensee's next birth month.
(3)
If a license has been expired two years or more, the license
may not be renewed. In order to regain licensure, a person shall comply with
the current application requirements of the Act and this chapter and shall
submit to the board:
(A)
a supplemental work experience record as specified by the
board;
(B)
a description of professional activities undertaken during
the period of non-licensure;
(C)
a list of current professional references from other medical
physicists and physicians; and
(D)
a transcript for any degree or college credit earned since
the previous license application.
(d)
Active military duty. If a licensee fails to renew his
or her license because the licensee is called to or is on active duty with
the armed forces of the United States serving outside of the State of Texas,
the licensee or the licensee's authorized representative may request that
the license be renewed. A request for renewal may be made before or after
the expiration date.
(1)
If the request is made by the licensee's authorized representative,
the request must include a copy of the appropriate power of attorney or written
evidence of a spousal relationship.
(2)
The written request shall include a copy of the official
transfer orders of the licensee or other official military documentation showing
that the licensee is called to or on active duty serving outside of the State
of Texas.
(3)
The written request shall include a current address and
telephone number for the licensee or the licensee's authorized representative.
(4)
The payment of any renewal penalty fee is waived for a
licensee under this subsection.
(5)
Except in extraordinary circumstances, a licensee on active
duty serving outside the State of Texas shall notify the board that the licensee
is on active duty. The board shall note in the licensee's file that the licensee
may be eligible for renewal under this subsection.
§601.12.Application and Renewal Processing Times.
(a)
Application processing.
(1)
The following periods of time shall apply from the date
of receipt of an application for a license or renewal of a license until the
date of issuance of a written notice that the application is complete and
accepted for filing or that the application is deficient and additional specific
information is required. A written notice stating that the application has
been approved may be sent in lieu of the notice of acceptance of a complete
application. The time periods are as follows:
(A)
issuance of license or renewal for a license--30 days;
or
(B)
letter of application or renewal deficiency--30 days.
(2)
The following periods of time shall apply from the date
of receipt of the last item necessary to complete the application for a license
or renewal of a license until the date of issuance of written notice approving
or denying the application for a license or renewal of a license. The time
periods for denial include notification of the proposed decision and of the
opportunity, if required, to show compliance with the law, and of the opportunity
for a formal hearing. The time periods are as follows:
(A)
issuance of a license or renewal of a license--30 days;
or
(B)
letter of denial of a license or renewal of a license--30
days.
(b)
Reimbursement of fees.
(1)
In the event an application for a license or renewal is
not processed within the time periods stated in subsection (a) of this section,
the applicant or licensee has the right to request reimbursement of all fees
paid in that particular application process. Application for reimbursement
shall be made to the executive secretary. If the executive secretary does
not agree that the time period has been violated or finds that good cause
existed for exceeding the time period, the request will be denied.
(2)
Good cause for exceeding the time period is considered
to exist if the number of applications for license and license renewal exceeds
by 15% or more the number of applications or renewals processed in the same
calendar quarter of the preceding year, another public or private entity relied
upon by the board in the application or renewal process caused the delay,
or any other condition exists giving the board good cause for exceeding the
time period.
(c)
Appeal. If a request for reimbursement under subsection
(b) of this section is denied by the executive secretary, the applicant or
licensee may appeal to the board for a timely resolution of any dispute arising
from a violation of the time periods. The applicant or licensee shall give
written notice to the board at the address of the board that he or she requests
full reimbursement of all fees paid because his or her application or renewal
was not processed within the applicable time period. The executive secretary
shall submit a written report of the facts related to the processing of the
application or renewal and of any good cause for exceeding the applicable
time period. The board shall provide written notice of the decision to the
applicant or licensee and the executive secretary. An appeal shall be decided
in favor of the applicant or licensee if the applicable time period was exceeded
and good cause was not established. If the appeal is decided in favor of the
applicant or licensee, full reimbursement of all fees paid in that particular
application or renewal process shall be made.
(d)
Contested cases. The time periods for contested cases related
to the denial of licensure or license renewals are not included with the time
periods stated in subsection (a) of this section. The time period for conducting
a contested case hearing runs from the date the board receives a written request
for a hearing and ends when the decision of the board is final and appealable.
A hearing may be completed within one to six months, but may extend for a
longer period of time depending on the particular circumstances of the hearing.
§601.15.Criminal Backgrounds.
(a)
This section establishes guidelines and criteria on the
eligibility of persons with criminal backgrounds to obtain licensure as a
medical physicist.
(b)
Criminal convictions which directly relate to the profession
of medical physics shall be considered as follows.
(1)
The board may suspend or revoke any existing license, disqualify
a person from receiving any license, deny to a person the opportunity to be
examined for a license, reprimand a licensee, or place a licensee on probation
because of a person's conviction of a felony or misdemeanor if the crime:
(A)
directly relates to the duties and responsibilities of
a licensed medical physicist; or
(B)
involves moral turpitude.
(2)
In considering whether a criminal conviction directly relates
to the profession of medical physics the board shall consider:
(A)
the nature and seriousness of the crime;
(B)
the relationship of the crime to the purposes of licensure
as a medical physicist;
(C)
the extent to which any license might offer an opportunity
to engage in further criminal activity of the same type as that in which the
person previously had been involved; and
(D)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibility
of a medical physicist. In making this determination, the board shall apply
the criteria outlined in Texas Occupations Code, Chapter 53.
(c)
The following felonies and misdemeanors directly relate
to a license of a medical physicist because these criminal offenses indicate
an inability or a tendency to be unable to properly engage in the practice
of medical physics:
(1)
a conviction under the Texas Medical Physics Practice Act
(Act), §602.302;
(2)
a conviction involving moral turpitude as defined by statute
or common law;
(3)
a conviction relating to deceptive business practices;
(4)
a conviction relating to practicing another health care
related profession without a license, certificate, or other approval required
by state or federal law;
(5)
a conviction relating to controlled substances, dangerous
drugs, other illegal substances, or alcohol;
(6)
a conviction under the Atomic Energy Act of 1954;
(7)
a conviction under the Texas Radiation Control Act, Health
and Safety Code, Chapter 40l;
(8)
a conviction for assault;
(9)
an offense under various titles of the Texas Penal Code:
(A)
offenses against the person (Title 5);
(B)
offenses against property (Title 7);
(C)
offenses against public order and decency (Title 9);
(D)
offenses against public health, safety, and morals (Title
10);
(E)
offenses of attempting or conspiring to commit any of the
offenses in this subsection (Title 4);
(F)
insurance claim fraud under the Penal Code, §32.55;
and
(10)
other misdemeanors and felonies which indicate an inability
or a tendency for the person to be unable to properly engage in the practice
of medical physics. Other misdemeanors or felonies shall be considered in
order to promote the intent of the Act, this chapter, and Texas Occupations
Code, Chapter 53.
(d)
The executive secretary shall give written notice to the
person that the board intends to deny, suspend, or revoke the license or reprimand
or place on probation the licensee after hearing in accordance with the provisions
of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
(e)
If the board takes action under this section, the executive
secretary shall give the person written notice:
(1)
of the reasons for the decision;
(2)
that the person, after exhausting administrative appeals,
may file an action in a district court of Travis County for review of the
evidence presented to the board and its decision;
(3)
that the person must begin the judicial review by filing
a petition with the court within 30 days after the board's action is final
and appealable; and
(4)
of the earliest date that the person may appeal.
§601.18.Formal Hearings.
(a)
General. Formal hearings will be governed by the contested
case provisions of the Administrative Procedure Act (APA), Texas Government
Code, Chapter 2001, and will be conducted by the State Office of Administrative
Hearings.
(b)
Notice requirements.
(1)
Notice of the hearing shall be given according to the notice
requirements of APA.
(2)
If a party fails to appear or be represented at a hearing
after receiving notice, the Administrative Law Judge may proceed with the
hearing or take whatever action is fair and appropriate under the circumstances.
(3)
All parties shall timely notify the Administrative Law
Judge of any changes in their mailing addresses.
(c)
Parties to the hearing.
(1)
The parties to the hearing shall be the applicant or licensee
and the complaints subcommittee chair and/or executive secretary, as appropriate.
(2)
A party may appear personally or be represented by counsel
or both.
(d)
Prehearing conferences.
(1)
In a contested case, the Administrative Law Judge, on his
own motion or the motion of a party, may direct the parties to appear at a
specified time and place for a conference prior to the hearing for the purpose
of:
(A)
the formulation and simplification of issues;
(B)
the necessity or desirability of amending the pleading;
(C)
the possibility of making admissions or stipulations;
(D)
the procedure at the hearing.
(E)
specifying the number of witnesses;
(F)
the mutual exchange of prepared testimony and exhibits;
(G)
the designation of parties; and
(H)
other matters which may be expedite the hearing.
(2)
The Administrative Law Judge shall have the minutes of
the conference recorded in an appropriate manner and shall issue whatever
orders are necessary covering said matters or issues.
(3)
Any action taken at the prehearing conference may be reduced
to writing, signed by the parties, are made a part of the record.
(e)
Assessing the cost of a court reporter and the record of
the hearing.
(1)
In the event a court reporter is utilized in the making
of the record of the proceedings, the board shall bear the cost of the per
diem or other appearance fee for such reporter.
(2)
The board may prepare, or order the preparation of, a transcript
(statement of facts) of the hearing upon the written request of any party.
The board may pay the cost of the transcript or assess the cost to one or
more parties.
(3)
In the event a final decision of the board is appealed
to the district court wherein the board is required to transmit to the reviewing
court a copy of the record of the hearing proceeding, or any part thereof,
the board may be require the appealing party to pay all or part of the cost
of preparations of the original or a certified copy of the record of the board
proceedings that is required to be transmitted to the reviewing court.
(f)
Disposition of case. Unless precluded by law, informal
disposition may be made of any contested case by agreed settlement order or
default order.
(g)
Agreements in writing. No stipulation or agreement between
the parties with regard to any matter involved in any proceeding shall be
enforced unless it shall have been reduced to writing and signed by the parties
or their authorized representatives, dictated into the record during the course
of a hearing, or incorporated in an order bearing their written approval.
This rule does not limit a party's ability to waive, modify, or stipulate
away any right or privilege afforded by these sections.
(h)
Final orders or decisions.
(1)
The final order or decision will be rendered by the board.
The board is not required to adopt the recommendation of the Administrative
Law Judge and may take action as it deems appropriate and lawful.
(2)
All final orders or decisions shall be in writing and shall
set forth the findings of fact and conclusions required by law.
(3)
All final orders shall be signed by the executive secretary
and the chairman of the board; however, interim orders maybe issued by the
Administrative Law Judge.
(4)
A copy of all final orders and decisions shall be timely
provided to all parties as required by law.
(i)
Motion for rehearing. A motion for rehearing shall be governed
by APA, Texas Government Code, §2001.146, and shall be addressed to the
board and filed with the executive secretary.
(j)
Appeals. All appeals from final board orders or decisions
shall be governed by APA, Texas Government Code, Subchapter G, and communications
regarding any appeal shall be made to the executive secretary.
§601.19.Suspension of License for Failure to Pay Child Support.
(a)
On receipt of a final court or attorney general's order
suspending a license due to failure to pay child support, the executive secretary
shall immediately determine if the board has issued a license to the obligor
named on the order, and, if a license has been issued:
(1)
record the suspension of the license in the board's records;
(2)
report the suspension as appropriate; and
(3)
demand surrender of the suspended license.
(b)
The board shall implement the terms of a final court or
attorney general's order suspending a license without additional review or
hearing. The board will provide notice as appropriate to the licensee or to
others concerned with the license.
(c)
The board may not modify, remand, reverse, vacate, or stay
a court or attorney general's order suspending a license issued under the
Family Code, Chapter 232, and may not review, vacate, or reconsider the terms
of an order.
(d)
A licensee who is the subject of a final court or attorney
general's order suspending his or her license is not entitled to a refund
for any fee paid to the board.
(e)
If a suspension overlaps a license renewal period, an individual
with a license suspended under this section shall comply with the normal renewal
procedures in the Act and this chapter; however, the license will not be renewed
until subsections (g) and (h) of this section are met.
(f)
An individual who continues to use the title "licensed
medical physicist" or practice medical physics after the issuance of a court
or attorney general's order suspending the license is liable for the same
civil and criminal penalties provided for engaging in the prohibited activity
without a license or while a license is suspended as any other license holder
of the board.
(g)
On receipt of a court or attorney general's order vacating
or staying an order suspending a license, the executive secretary shall promptly
issue the affected license to the individual if the individual is otherwise
qualified for the license.
(h)
The individual must pay a reinstatement fee as set out
at §601.4 of this title prior to issuance of the license under subsection
(g) of this section.
§601.21.Medical Physics Specialties and Scope of Practice.
(a)
Content. Recognizing that assessing the degree of radiation
safety is a complex task of balancing radiation risk with optimizing the benefit
of the procedure to the patient, rules are provided which identify certain
specific activities or tests as the practice of medical physics. The purpose
of the Act and the rules is to ensure the radiation safety of the citizens
of Texas by restricting the practice of medical physics to qualified medical
physicists. The Act and these rules are fully consistent with, and implement,
the recommendations of the National Council of Radiation Protection and Measurement
(NCRP) as they pertain to the conduct of certain activities related to medical
radiation safety and the efficacy of the use of radiation in medicine as well
as the recommendations of the NCRP for the qualifications of individuals who
conduct or supervise those activities. They are also consistent with published
standards of practice of relevant professional and scientific organizations.
(b)
Role of the service engineers. Service engineers, when
installing or maintaining medical equipment, conduct tests or activities which
are similar or identical to tests or activities identified in these rules.
Such activity does not constitute the practice of medical physics provided
that:
(1)
the service engineer or his employer does not represent
that the outcome of the test or activity or the intent of performing the test
or activity ensures the radiation safety of the use of the medical equipment
for either the user, the patient, or a member of the public; or
(2)
the service engineer or his employer does not conclude
that the medical equipment is radiologically safe, effective or suitable for
use on humans based on the tests or activities performed by the service engineer;
or
(3)
the service engineer or his employer does not certify that
the medical equipment is radiologically safe and consequently compliant with
any state or federal regulation for the control of radiation; and
(4)
the test or activity performed by the service engineer
is required to install or repair the medical equipment.
(c)
Scope of practice.
(1)
The diagnostic radiological physics specialty services
include the following:
(A)
providing evidence that imaging equipment continues to
meet applicable rules and regulations of radiation safety and performance
standards required by accrediting and regulatory agencies;
(B)
acceptance testing or monitoring diagnostic imaging equipment;
(C)
evaluating policies and procedures pertaining to radiation
and its safe and appropriate application in imaging procedures;
(D)
providing consultation in development and management of
the quality control program;
(E)
measurement and characterization of radiation from diagnostic
equipment;
(F)
specification of instrumentation to be used in the practice
of diagnostic radiological physics;
(G)
providing consultation on patient or personnel radiation
dose (effective dose equivalent, fetal dose calculations, specific organ dose
determination, etc.) and the associated risk; and
(H)
protective shielding design and evaluation of a diagnostic
imaging facility.
(I)
conducting performance evaluations of medical radiologic
and fluoroscopic imaging systems which include the following physical tests
and assessments:
(i)
kilovolts peak (kVp) and timer accuracy;
(ii)
exposure reproducibility and linearity;
(iii)
exposure geometry, e.g. source to image distance (SID)
and collimation;
(iv)
entrance skin exposure and exposure rate;
(v)
beam quality; and
(vi)
image quality.
(2)
The therapeutic radiological physics specialty services
include the following:
(A)
development of specifications for radiotherapy treatment
and simulation equipment;
(B)
development of procedures for testing and evaluating performance
levels of radiotherapy treatment and simulation equipment;
(C)
acceptance testing of radiotherapy treatment and simulation
equipment;
(D)
calibration and characterization of radiation beams from
therapeutic equipment including radiation quantity, quality, and distribution
characteristics, and assessment of the mechanical and geometric optics for
proper placement of the beam;
(E)
providing documentation that radiotherapy treatment and
simulation equipment meet accreditation and regulatory compliance requirements;
(F)
calibration and/or verification of the physical and radiological
characteristics of brachytherapy sources;
(G)
specification of the physics instrumentation used in the
measurement and performance testing of therapeutic equipment;
(H)
acceptance testing, management, and supervision of computer
systems used for treatment planning and calculation of treatment times or
monitor units. This includes measurement and input of dosimetry data base
and verification of output for external beam radiotherapy and brachytherapy;
(I)
implementation and management of dosimetric and beam delivery
aspects of external beam source brachytherapy irradiation. External beam delivery
aspects include treatment aids, beam modifiers, and geometrical arrangements.
Special procedures are included for both external beam (e.g. radiosurgery,
total body irradiation, total skin irradiation, intraoperative therapy) and
brachytherapy (e.g. high dose rate, pulsed dose rate);
(J)
provision of consultation to the physician in assuring
accurate delivery of prescribed radiation dosage to a specific human patient,
and the associated risk;
(K)
development and management of quality control program for
a radiation treatment facility which includes applicable facility accreditation
requirements, and the review of policies and procedures pertaining to therapeutic
radiation and its safe and appropriate use;
(L)
development and/or evaluation of a radiation safety program
in a therapeutic radiation facility including written procedures for the protection
of patients, workers, and the public; and
(M)
protective shielding design and radiation safety surveys
in a radiotherapy facility.
(3)
The medical nuclear physics specialty services include
the following:
(A)
development of procedures for continuing evaluations of
performance levels of radionuclide imaging devices and ancillary equipment;
(B)
providing evidence that radionuclide imaging equipment
continues to meet applicable rules and regulations of performance and radiation
safety required by accrediting and regulatory agencies;
(C)
acceptance testing of radionuclide imaging equipment;
(D)
development and/or evaluation of a radiation safety program
in a nuclear medicine facility;
(E)
determination of radiation shielding necessary to protect
workers, patients, and the public in a nuclear medicine facility;
(F)
development of specifications for radionuclide imaging
instrumentation or equipment;
(G)
development and monitoring of a quality control program
for radionuclide imaging equipment, computers and other patient related radiation
detectors such as uptake probes, well counters and dose calibrators;
(H)
providing consultation on patient or personnel radiation
dose (effective dose equivalent, fetal dose calculations, specific organ dose
determination, etc.) and the associated risk;
(I)
evaluating policies and procedures pertaining to the safe
and appropriate application of radionuclides;
(J)
specification of instrumentation used in the practice of
medical nuclear physics; and
(K)
verification of calculated radiation absorbed doses from
unsealed radioactive sources.
(4)
The medical health physics specialty services include,
but are not limited to, the following:
(A)
planning and design of radiation shielding needed to protect
workers, patients, and the general public from radiation produced incident
to the diagnosis or treatment of humans. This includes calculation of required
shielding thickness, selection of shielding material and specification of
source-shield geometry;
(B)
assessment and evaluation of installed shielding, installed
shielding apparatus or portable shielding designed to protect workers, patients,
and the general public from radiation produced incident to the diagnosis or
treatment of humans. Such evaluation specifically includes determination of
whether the shielding is adequate to ensure compliance with state or federal
regulatory requirements for limiting the effective dose equivalent and organ
dose equivalent of medical radiation workers and members of the public. This
includes the selection of appropriate radiation measurement instrumentation
to conduct such evaluation as well as the methodology to be employed;
(C)
providing consultation, by which determination of the presence
and extent of any radiological hazard, in any controlled, restricted, uncontrolled
or unrestricted area, resulting from the use of ionizing radiation or radioactivity
in the treatment or diagnosis of disease in humans, is made. This includes
the design, conduct, and evaluation of results of radiation surveys of health
care facilities and the immediate environs intended to determine whether occupancy
by medical radiation workers, patients, and members of the public is compliant
with state and federal regulations for the control of ionizing radiations.
A survey includes the directing of physical measurements of radiation levels
and radioactivity, the interpretation of those measurements, and the provision
of any conclusions or recommendations intended to limit or prevent exposure
of workers, members of the public, and patients;
(D)
performing dose and associated risk assessment in which
an effective dose equivalent, committed effective dose equivalent, organ dose
equivalent, or committed organ dose equivalent is determined by measurement
or calculation or both, to any worker, member of the public, fetus or patient
who received exposure to ionizing radiation or radioactivity from radiation
sources used to treat or diagnose disease in humans. This does not include
either the prospective or retrospective determination of absorbed doses to
patients undergoing radiation therapy; and
(E)
consultation which consists of the evaluation or assessment
of the radiation safety aspects of policies or procedures which pertain to
the safe and appropriate use of radiation or radioactivity, administered to
human research volunteers or used to treat or diagnose conditions in humans,
when such evaluation or assessment provides conclusions or recommendations
regarding dose equivalent assessment, the overall radiation safety afforded
to individuals resulting from activities conducted in compliance with the
evaluated policies or procedures, or the compliance of any or all provisions
of the policies or procedures with either state or federal regulatory requirements
for the control of radiation.
§601.22.Provisional Licenses.
(a)
A provisional license may be issued to a person who is
currently licensed or certified in another jurisdiction and who:
(1)
has been licensed or certified in good standing as a practitioner
of medical or radiological physics for at least two years in another jurisdiction,
including a foreign county, that has licensing or certification requirements
substantially equivalent to the requirements of the Act;
(2)
has passed a national or other examination recognized by
the board relating to the practice of medical or radiological physics; and
(3)
is sponsored by a person licensed as a medical physicist
in Texas with whom the provisional license holder will practice under this
section.
(b)
Upon formal written request, the board may waive the requirement
set out in subsection (a)(3) of this section if it is determined that compliance
with subsection (a)(3) of this section would cause undue hardship to the applicant.
(c)
The board shall issue a provisional license if:
(1)
the provisional license holder is eligible to be certified
under §601.7 of this title (relating to Licensing by Endorsement or Reciprocity);
or
(2)
the provisional license holder passes the part of the examination
under §601.8 of this title (relating to Eligibility For Examination)
that relates to the applicant's knowledge and understanding of the laws and
rules relating to the practice of medical physics in this state and;
(A)
the board verified that the provisional license holder
meets the academic and experience requirement for a license under §601.8
of this title; and
(B)
the provisional license holder satisfies any other licensing
requirements under the Act.
(d)
The board must complete the processing of a provisional
license holder's application for license within 180 days after the provisional
license was issued. The board may extend the 180-day deadline to allow for
the receipt of pending examination results.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 16, 2001.
TRD-200104098
Louis B. Levy, Ph.D.
Presiding Officer
Texas Board of Licensure for Professional Medical Physicists
Effective date: August 5, 2001
Proposal publication date: February 2, 2001
For further information, please call: (512) 458-7236
22 TAC §601.18
The repeal is adopted under the Texas Medical Physics Practice
Act, Texas Occupations Code, §602.151, which requires the Texas Board
of Licensure for Professional Medical Physicists to adopt rules, with the
approval of the Texas Board of Health, that are reasonably necessary for the
proper performance of its duties under the Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 16, 2001.
TRD-200104099
Louis B. Levy, Ph.D.
Presiding Officer
Texas Board of Licensure for Professional Medical Physicists
Effective date: August 5, 2001
Proposal publication date: February 2, 2001
For further information, please call: (512) 458-7236