22 TAC §§601.1-601.19, 601.21, 601.22
The amendments and new sections are proposed under 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 to properly perform its duties under
the Act.
The amendments and new sections affect the Occupations Code, Title 3. Health
Professions, Subtitle K, Chapter 602; Texas Civil Statutes, Article 4512n;
and Government Code, §2001.039.
§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 and portions of
Texas Civil Statutes,
Article 4512n, concerning the regulation and licensure of medical physicists,
in that:
(A)-(B)
(No change.)
(2)
(No change.)
(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 [
without examination and 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 [
a
] 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 and portions of
Texas Civil Statutes,
Article 4512n, concerning the licensure and regulation of professional medical
physicists.
(2)
APA - The Administrative Procedure Act,
Texas Government Code, Chapter 2001.
(3)
[
(2)
] Applicant - A person who applies
to the Texas Board of Licensure for Professional Medical Physicists (board)
for a license [
or temporary license
].
[(3)
APTRA - The Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a].
(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)
Examination - The licensure test which
consists of an open book examination for all specialties on Texas radiation
control rules and one of the specialty examinations described in §601.8(d)
of this title (relating to Licensure by Examination).]
[(9)
Hearing examiner - An attorney duly designated
and appointed by the chair of the board who conducts hearings under this chapter
on behalf of the board.]
(8)
[
(10)
] License - A certificate issued
by the board authorizing the license holder to engage in the practice of medical
physics [
and
]
including
[
includes
] the temporary
license and
provisional license
[
the annual license
]
unless the context clearly indicates otherwise.
(9)
[
(11)
] Licensed medical physicist
- A person who holds a license issued under the Act.
(10)
[
(12)
] 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)
[
(13)
] 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)
[
(14)
] 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)
[
(15)
] Physician - A person licensed
to practice medicine by the Texas State Board of Medical Examiners under
Texas Occupations Code, Chapter 152
[
Texas Civil Statutes, Article
4495b
], or if out-of-state a person who holds a valid license to practice
medicine in that state or territory.
(14)
[
(16)
] 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)
[
(17)
] Practitioner - A doctor
of medicne, 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 juridiction.
(17)
[
(18)
] Quality assurance - An all
encompassing term that includes data recording, patient management, outcome
analysis and equipment performance monitoring.
(18)
[
(19)
] Quality control - A subset
under quality assurance and concerns monitoring the performance of imaging,
treatment and associated radiological equipment.
(19)
[
(20)
] Radiation - Ionizing and/or
nonionizing radiation above background levels used to perform a diagnostic
or therapeutic medical or dental radiological procedure.
(20)
[
(21)
] Radiological physics - The
branch of medical physics that includes diagnostic radiological physics, therapeutic
radiological physics, medical nuclear physics, and medical health physics.
(21)
[
(22)
] 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 (h)(3)(C)(iv)
[
§289.227(h); (q); (r)(3)(D); (v)(3); (x)(4)(A),
(B), and (C); and (y)(3), are not radiological procedures].
(22)
[
(23)
] 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 [
it is
expected that
] the supervisor
shall
[
will
]
be responsible
[
accept responsibility
] for the
temporary
licensee's
work [
performed
] 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.
§601.3.The Board's Operation.
(a)
Content
[
Purpose
]. This section sets
out the organization, administration, and other general policies governing
the operation of the
board
[
Texas Board of Licensure for Professional
Medical Physicists (board
]).
(b)
Officers.
(1)
Presiding officer.
(A)
The governor shall designate a member
of the board as the presiding officer.
(B)
[
(A)
] The presiding officer shall
be referred to as the chair.
(C)
[
(B)
] The chair shall
preside
[
officiate
] at all board meetings at which he or she is
in attendance and perform all duties prescribed by this chapter or the
Act
[
Texas Medical Physics Practice Act (Act)
].
(2)
Assistant presiding officer.
(A)-(B)
(No change.)
(C)
In case the chair is unable to fulfill his or her term,
the vice-chair will serve until
the governor designates a member of the
board as
a successor [
is elected
].
(c)
Elections.
(1)
At the first regularly scheduled meeting of each calendar
year, the board shall elect by a majority vote of those members present and
voting, [
a chair and
] a vice-chair.
(2)
A vacancy which occurs in the
office of
[
offices of chair or
] vice-chair may be filled by a majority vote of
those members present and voting at the next board meeting.
(d)
Committees.
(1)-(7)
(No change.)
(8)
Committee meetings shall be announced and conducted in
accordance with the Open Meetings Act,
Texas Government Code, Chapter
551
[
Texas Civil Statutes, Article 6252-17
]. Committee meeting
agendas shall be prepared by the executive secretary with the concurrence
of the committee chair.
(9)
(No change.)
(e)
Meetings.
(1)
(No change.)
(2)
Meetings shall be announced and conducted under the provisions
of the Open Meetings Act,
Texas Government Code, Chapter 551
[
Texas Civil Statutes, Article 6252-17
].
(f)-(g)
(No change.)
(h)
Agendas.
(1)
(No change.)
(2)
The official agenda of each meeting shall be filed with
the secretary of state in accordance with the Open Meetings Act,
Texas
Government Code, Chapter 551
[
Texas Civil Statutes, Article 6252-17
].
(i)-(l)
(No change.)
§601.4.Fees.
[
The purpose of
]
This
[
this
] section
[
is to
]
sets
[
set
] out the fees for licensure
as a medical physicist prescribed by the
board
[
Texas Board
of Licensure for Professional Medical Physicists (board)
].
(1)-(2)
(No change.)
(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)
[
(3)
] All fees are nonrefundable
and shall be submitted in the form of a check or money order.
(5)
[
(4)
] 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
[
or temporary license
] has already been issued, it shall be invalid.
(6)
[
(5)
] 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)
[
(6)
] 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)
[
The purpose of
]
This
[
this
] section [
is to
]
sets
[
set
] out who
is exempt from the Texas Medical Physics Practice Act (Act) and who must be
licensed under the Act.
(b)
(No change.)
(c)
The Act and this chapter do not apply to:
(1)
(No change.)
(2)
a person certified as a medical radiological technologist
practicing under the Medical Radiologic Technologist Certification Act
, (Texas Occupations Code, Chapter 601 and portions of
Texas Civil Statutes,
Article 4512m);
(3)-(5)
(No change.)
(d)
(No change.)
§601.6.Application Procedures.
[(a)
Purpose. The purpose of this section
is to set out the application procedures for licensure of professional medical
physicist.]
(a)
[
(b)
] General.
(1)
Unless otherwise indicated, an applicant must submit all
required information and documentation of qualifications on forms prescribed
by the
board
[
Texas Board of Licensure for Professional Medical
Physicists (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)
[
(c)
] 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; [
and
]
(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 [
successfully
]
completion
[
completed
],
of the
current open book examination
relating
to the practice of medical physics in this state
[
portion of the
board's examination
]. The applicant is responsible for verifying that
he or she has taken and submitted the most current version of the open book
examination.
(c)
[
(d)
] Consideration of application.
This subsection is intended to address the applications procedures required
by the
Act
[
Texas Medical Physics Practice Act (Act)
],
§§602.204 and 602.209
[
§14(c)-(f) and §17(a)
and (b)
].
(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, [
if required
], the executive
secretary shall approve the application and issue
a medical physicist
[
the annual
] 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
[
an
annual
] license or to be issued a temporary license if appropriate.
(i)
The executive secretary shall issue the
medical physicist
[
annual
] 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)
[
(e)
] Disapproved applications.
(1)
The appropriate committee of the board
may
[
shall
] propose disapproval and the board
may
[
shall
] disapprove the application if the person:
(A)
does not meet the qualifications for a license as set forth
in the Act and 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 [
(relating to Licensure By Examination)
];
(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 of a 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.
Licensing by Endorsement or
Reciprocity.
(a)
Reciprocity.
The board may
waive any prerequisite for obtaining a medical physicist
[
issue
an annual
] license to a person who holds a license to practice medical
or radiological physics in another state, territory, or jurisdiction that
has requirements for the licensing of medical or radiological physicists that
are substantially the same as the requirements of the
Act
[
Texas Medical Physics Practice Act (Act).
(b)
Endorsement. The board may waive any prerequisite
for obtaining a license to practice medical physics to a person who holds
a license issued by another state, territory or jurisdiction with which this
state has a reciprocity agreement. The board may make an arrangement subject
to the approval of the governor, with another state to allow for licensing
by reciprocity.
Eligibility For
[
Licensure
By
] Examination.
(a)
Eligibility. To [
be eligible to
] take a specialty
examination for
a medical physicist
[
an annual
] license
for a professional medical physicist, a person must:
(1)
(No change.) .
(2)
have demonstrated, to the
board's
[
Texas
Board of Licensure for Professional Medical Physicists (board)
] satisfaction,
the completion of at least two years of full-time work experience;
(3)
(No change.)
(4)
submit a completed application as required by the
Act
[
Texas Medical Physics Practice Act (Act)
],
§602.203
[
§14
].
(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
[
an annual
] license or for the upgrade of a temporary
license to
a medical physicist
[
an annual
] license)
in the medical physics specialty for which application is made.
(c)-(d)
(No change.)
(e)
Failure of [
board
] examination. If the applicant
fails
a
[
the
] board
administered
examination
, relating to subsection (d)(1)(A) of this section,
[
in a specialty
area, the approval to take the board examination will be voided if the applicant
does not take either or both of the next two board examinations and cannot
document medical or physical reasons acceptable to the board for failure to
take either of the next two board examinations.
]
the
[
The
] applicant will be required to submit a new application for [
licensure before the applicant may take another
]
re-examination
[
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 [
an annual
] 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)-(B)
(No change.)
(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
[
annual
] license if the examination was
passed, whichever occurs first.
(D)
(No change.)
(3)
In order to obtain
a medical physicist
[
an annual
] 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
[
an annual
] license.
(1)
A medical physicist
[
An annual
] 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)
(No change.)
(h)
Expired temporary license. A person whose temporary license
has expired may not upgrade the temporary license to
a medical physicist
[
the annual
] license. Application must be made under the
provisions set out in §601.6 of this title [
(relating to Application
Procedures)
].
§601.9.Temporary License.
(a)
To be eligible for a temporary license, a person must meet
the educational requirements set out in §601.8 of this title (relating
to
Eligibility For
[
Licensure by
] Examination).
(b)-(e)
(No change.)
(f)
The work experience must be under the supervision of a
licensed
medical physicist holding
a
[
an annual
]
license in the specialty area.
(g)
To upgrade a temporary license to
a medical physicist
[
an annual
] license in the same specialty, a licensee must
file evidence of relevant work experience meeting the requirements of §601.8
of this title [
(relating to Licensure by Examination)
] and the
upgrade fee.
(h)
(No change.)
§601.10.License Issuance and License Holder Requirements.
(a)
The
board
[
Texas Board of Licensure for
Professional Medical Physicists (board)
] may issue a license to an eligible
applicant if the applicant [
passes the examination, if required, and
] meets all other license requirements under the
Act
[
Texas Medical Physics Practice Act (Act)
] and this chapter.
(b)-(d)
(No change.)
§601.11.License and Temporary License Renewal.
[(a)
Purpose. The purpose of this section
is to set out the procedures for renewal of licensure for professional medical
physicists.]
(a)
[
(b)
] 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
[
An
] initial
medical physicist
[
annual
] 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
[
an annual
] 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 [
Texas Board of Licensure for Professional Medical
Physicists
]
board
[
(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)
[
(c)
] 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)
[
(4)
] 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 licensees 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 licensees 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)
[
(5)
] 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)
[
(d)
] 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
[
90-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
[
be relicensed
],
a
[
the
] person shall comply with the
current
application requirements of the Act and this chapter [
in effect at the time of the application
] and shall submit to the board:
(A)
a supplemental experience record as specified by the board;
(B)
a description of professional activities undertaken during
the [
expiration
] 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)
[
(e)
] 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)
Purpose. The purpose of this section
is to set out the time periods and procedures the Texas Board of Licensure
for Professional Medical Physicists (board) shall follow in processing applications
for or renewal of a license.]
(a)
[
(b)
] Application processing. [
The following time periods shall apply in processing applications for or renewal
of a license.
]
(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)
[
(c)
] Reimbursement of fees. [
The following procedures will govern fee reimbursements when time periods
are exceeded.
]
(1)
In the event an application for a license or renewal is
not processed
within
[
in
] the time periods stated in
subsection
(a)
[
(b)
] 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 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)
[
(d)
] Appeal. If a request for reimbursement
under subsection
(b)
[
(c)
] 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)
[
(e)
] 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)
[
(b)
] 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.
§601.13.Petition for Adoption of Rules.
[(a)
Purpose. The purpose of this section
is to delineate the Texas Board of Licensure for Professional Medical Physicists'
(board) procedures for the submission, consideration, and disposition of a
petition to the board to adopt a rule.]
(a)
[
(b)
] Submission of the petition.
(1)
Any person may petition the board to adopt a rule.
(2)
The petition shall be in writing; shall state the petitioner's
name, address, and phone number; and shall contain the following:
(A)
a brief explanation of and justification for the proposed
rule;
(B)
the text of the proposed rule prepared in a manner to indicate
the words to be added or deleted from the current text, if any;
(C)
a statement of the statutory or other authority under which
the rule is to be promulgated; and
(D)
the public benefit anticipated as a result of adopting
the rule or the anticipated injury or inequity which could result from the
failure to adopt the proposed rule.
(3)
The board is not required to consider a petition which
does not contain the information described in paragraph (2) of this subsection.
(4)
The petition shall be mailed or delivered to the Texas
Board of Licensure for Professional Medical Physicists, 1100 West 49th Street,
Austin, Texas 78756.
(b)
[
(c)
] Consideration and disposition
of the petition.
(1)
Except as otherwise provided in subsection
(c)
[
(d)
] of this section, the executive secretary shall submit a petition
meeting the requirements of subsection
(a)
[
(b)
] of
this section to the board.
(2)
Within 60 days after receipt of the petition, the board
shall deny the petition or institute rule-making procedures in accordance
with the Administrative Procedure
Act, Texas Government Code, Chapter
2001
[
and the Texas Register Act, Texas Civil Statutes, Article
6252-13a, §5
]. The board may deny parts of the petition or institute
rule-making procedures on parts of the petition.
(3)
If the board denies the petition, the board shall give
the petitioner written notice of the board's denial, including the board's
reasons for the denial.
(4)
If the board initiates rule-making procedures, the version
of the rule which the board proposes may differ from the version proposed
by the petitioner.
(c)
[
(d)
] Subsequent petitions to adopt
the same or similar rules. All initial petitions for the adoption of a rule
shall be presented to and decided by the board in accordance with the provisions
of subsection
(b)
[
(c)
] of this section. The board may
refuse to consider any subsequent petition for the adoption of the same or
similar rule submitted within six months after the date of the initial petition.
§601.14.Code of Ethics.
(a)
A
licensee
[
licensed medical physicist
] shall not intentionally or knowingly offer to pay or agree to accept
any remuneration directly or indirectly, overtly or covertly, in cash or in
kind, to or from any person, firm, association of persons, partnership, or
corporation for securing or soliciting patients or patronage. The provisions
of the Health and Safety Code, §161.091 relating to the prohibition of
illegal remuneration apply to medical physicists.
(b)
A
licensee
[
licensed medical physicist
] shall maintain confidentiality of physician records in accordance
with the Medical Practice Act,
Texas Occupations Code, Chapter 152
[
Texas Civil Statutes, Article 4495b
], and other state statutes
or rules where such statutes or rules apply to
a
[
the licensed
] medical physicist
licensee
.
(c)
A
licensee
[
licensed medical physicist
] shall not misrepresent any professional qualifications or associations.
(d)
A
licensee
[
licensed medical physicist
] shall not knowingly misrepresent services or attributes of any health
care agency, facility, or organization.
(e)
A
licensee
[
licensed medical physicist
] shall not make misleading, deceptive, or false claims about the efficacy
of any medical physicist's services or allow a client to hold exaggerated
ideas about the efficacy of the services.
(f)
A
licensee
[
licensed medical physicist
] shall not use illegal drugs of any kind or promote, encourage, or
concur in the illegal use or possession of alcohol or drugs.
(g)
A
licensee
[
licensed medical physicist
] shall not use alcohol or any drug in any manner which adversely affects
his or her practice of medical physics.
(h)
A
licensee
[
licensed medical physicist
] shall report alleged violations of the
Act
[
TexasMedical
Physics Practice Act (Act)
] or this chapter to the
board's
[
Texas Board of Licensure for Professional Medical Physicist's (board)
] executive secretary.
(i)
A
licensee
[
licensed medical physicist
] shall not make any presentation or use any advertisement or announcement
of services which contains information which is false, misleading, or deceptive.
(j)
A
licensee
[
licensed medical physicist
] shall not claim or advertise a specialty area or practice in an area
of specialty unless the [
licensed
] medical physicist holds a license
in that specialty.
(k)
A
licensee
[
licensed medical physicist
] shall not direct, aid, or abet the practice of any other person in
violation of the Act.
(l)
A
licensee
[
licensed medical physicist
] shall not make any false statements regarding his or her provision
of services as a medical physicist.
(m)
A
licensee
[
licensed medical physicist
] shall make a reasonable attempt to notify each contractor, employer
or client of the name, mailing address, and telephone number of the board
for the purpose of directing complaints to the board by providing notification:
(1)-(3)
(No change.)
(n)
A licensee shall not use advertising that is false, misleading,
or deceptive or that is not readily subject to verification.
(1)
(No change.)
(2)
A "health care professional" includes a licensed medical
physicist, temporary licensed medical physicist,
provisional licensed
medical physicist,
or any other person licensed, certified, or registered
by the state in a health-related profession.
§601.15.Criminal Backgrounds [ Background ].
(a)
(No change.)
(b)
Criminal convictions which directly relate to the profession
of medical physics shall be considered as follows.
(1)
The
board
[
Texas Board of Licensure for
Professional Medical Physicists (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)-(B)
(No change.)
(2)
In considering whether a criminal conviction directly relates
to the profession of [
a licensed
] medical
physics
[
physicist
], the board shall consider:
(A)-(C)
(No change.)
(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
[
Texas Civil Statutes, Article 6252-13c, §4(c)
].
(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
[
§23
];
(2)-(8)
(No change.)
(9)
an offense under various titles of the Texas Penal Code:
(A)-(C)
(No change.)
(D)
offenses against public health, safety, and morals (Title
10);
and
(E)
offenses of attempting or conspiring to commit any of the
offenses in this subsection (Title 4);
and
(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
[
Texas Civil Statutes, Article 6252-13c
].
(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 [
and Texas Register
] Act,
Texas Government Code, Chapter 2001
[
Civil Statutes, Article 6252-13a,
and the board's formal hearing procedures
].
(e)
(No change.)
§601.16.Violations, Complaints, and Subsequent Actions.
(a)
Content
[
Purpose
]. [
The purpose
of
]
This
[
this
] section [
is to
]
establishes
[
establish
] standards relating to:
(1)
offenses which are a Class B misdemeanor under the [
Texas Medical Physics Practice
] Act [
(Act)
];
(2)-(3)
(No Change.)
(4)
the
board's
[
Texas Board of Licensure for
Professional Medical Physicists' (board)
] investigation of complaints;
and
(5)
(No change.)
(b)-(e)
(No change.)
(f)
Reprimand, suspension, revocation, denial, [
or
]
probation
, or administrative penalty
.
(1)-(4)
(No change.)
(5)
If an administrative penalty is imposed
the amount of the penalty may not exceed $500 for each violation, and each
day a violation continues or occurs is a separate violation for imposing a
penalty.
(g)
Prior to
the
institution of formal proceedings
to deny a renewal
,
[
or
] revoke
,
or suspend
a license
, or impose an administrative penalty
, the
executive
secretary
[
board office
] shall give written notice to the
licensee by personal service or certified mail, return receipt requested,
of the facts or conduct alleged to warrant denial, revocation, or suspension
and the licensee shall be given the opportunity, as described in the notice,
to show compliance with all requirements of the Act and this chapter.
(h)
If denial, revocation, or suspension of a license or reprimand
or probation of a licensee
or an administrative penalty
is proposed,
the board office shall give written notice by certified mail, return receipt
requested; regular mail; or personal delivery of the basis for the proposal
and that the licensee or applicant must request, in writing, a formal hearing
within 30 days of receipt of the notice, or the right to a hearing shall be
waived and the proposed action shall be taken by the board.
(i)
(No change.)
§601.17.Surrender of License.
(a)
Surrender by licensee.
(1)
A licensee may at any time voluntarily offer to surrender
his or her license for any reason. [
The offer to surrender should be
made at least 10 days prior to the next scheduled Texas Board of Licensure
for Professional Medical Physicists (board) meeting.
]
(2)
(No change.)
(b)
Acceptance by the board.
(1)
(No change.)
(2)
Surrender of a license without acceptance thereof by the
board shall not deprive the board of jurisdiction over the licensee under
the
Act
[
Texas Medical Physics Practice Act (Act)
] or
this chapter.
(c)
(No change.)
(d)
Reinstatement. A license which has been surrendered and
accepted may not be reinstated or renewed; however, a person may apply
a year from the date of surrender
for a new license in accordance with
the Act and this chapter.
§601.18.Formal Hearings.
(a)
General. Foraml 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 secretray, 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 rules 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 to the executive secretary.
§601.19.Suspension of License for Failure to Pay Child Support.
(a)-(b)
(No change.)
(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
,
[
as added by Acts 1995, 74th Legislature
Chapter 751, §85 (HB 433)
] and may not review, vacate, or reconsider
the terms of an order.
(d)-(g)
(No change.)
(h)
The individual must pay a reinstatement fee set out at §601.4
of this title [
(relating to Fees)
] prior to issuance of the license
under subsection (g) of this section.
§601.20.Continuing Education Requirements.
(a)
Content
[
Purpose
]. [
The purpose
of
]
This
[
this
] section [
is to
]
establishes
[
establish
] the continuing education requirements
which a
licensed
medical physicist [
holding an annual license
] must complete
biennially
[
biannually
] to maintain
licensure. These requirements are intended to maintain and improve the quality
of professional services in medical physics provided to the public and keep
the licensed medical physicist knowledgeable of current research, techniques,
and practice, and provide other resources which will improve skill and competence
in the practice of medical physics.
(b)
General. Continuing education requirements for license
renewal shall be fulfilled during a two-year period beginning on the first
day following the licensee's birth month and ending with the second license
renewal on the last day of each licensee's birth month.
(1)
The initial two-year period shall begin on the first day
of the licensee's renewal year (first day following licensee's birth month)
[
which occurs on or after September 1, 1997
].
(2)
Each licensee shall be notified of continuing education
requirements with the first annual renewal notice [
sent after September
1, 1997
].
(c)
(No change.)
(d)
Types of acceptable continuing education. Continuing education
shall be acceptable if the experience falls into one or more of the following
categories
only in increments of .5 hours:
(1)-(2)
(No change.)
(3)
Participation in
medical physics related
courses,
refresher courses, conferences, and seminars sponsored by state and private
universities that have an accredited graduate medical physics program.
(4)
Participation in a program of study in
medical physics that is accredited by the American Association of Physicists
in Medicine Commission on Accreditation of Medical Physicist Education Programs.
(5)
Participation in a course of study from
an accredited college or university in physics, medical physics, biophysics,
radiological physics, medical health physics or nuclear engineering of other
course of study acceptable to the board.
(6)
Participation in a short course of study
relating to basic and/or applied sciences in medicine.
(7)
Participation in a course of study that
enhances the practice of medical physics.
(e)
Reporting of continuing education. Each licensed medical
physicist is responsible for and shall complete and file with the board at
the time of [
annual
] license renewal, a continuing education report
form approved by the board listing the title, date, location and number of
hours for each activity for which credit is claimed. The licensee shall maintain
documentation of continuing education.
(1)-(2)
(No change.)
(3)
If the board determines that the licensed medical physicist
failed to successfully complete the continuing education requirements or failed
to submit the required documentation, disciplinary action may be taken against
the licensee in accordance with §601.16(c) of this title [
(relating
to Violations, Complaints, and Subsequent Action)
].
(4)
In the alternative, a licensed medical physicist may request
an exemption as set out in subsection
(g)
[
(f)
] of this
section.
(f)
Failure to complete the required continuing
education.
(1)
A licensed medical physicist who has failed to complete
the requirements for continuing education may be granted a 180 day license
as described in §601.11 of this title. The 180 day extension is the maximum
that shall be granted and there will be no exceptions, nor may an additional
extension period be granted.
(2)
The next continuing education reporting period shall commence
on the day following the completion of continuing education credits to correct
the deficiency and shall end two years from the date the previous continuing
education period ended. In other words, the extension period is borrowed from
the next reporting period.
(3)
A licensed medical physicist who has not corrected the
deficiency by the expiration date of the 180 day extension license shall be
considered as noncompliant with the renewal requirements and may no longer
practice medical physics under the expired license.
(4)
The person may renew late under §601.11 of this title
after all the continuing education requirements have been met. A person who
renews late is not eligible for a 180 day extension.
(g)
[
(f)
] Exemptions. The board will
consider granting an exemption from the continuing education requirement on
a case-by-case basis if:
(1)
A licensee shows reasons of health, certified by a licensed
physician, that prevent compliance with the continuing education requirement
for the entire renewal period. The licensee must complete and forward to the
board a sworn affidavit and provide documentation that clearly establishes
the period of disability and resulting physical limitations;
(2)
A licensee is called to or is on active duty with the armed
forces of the United States for the entire renewal period and so long as the
licensee does not engage in the practice of medical physics in a setting outside
of the active duty responsibilities during the time on active duty. The licensee
must file a copy of orders to active military duty with the board; or
(3)
A licensee submits proof of attendance as a student in
an approved academic program.
§601.21.Medical Physics Specialties and Scope of Practice.
(a)
Content
[
Purpose
]. 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 [
Medical Physics Practice
]
Act [
(Act)
] and
the
[
these
] 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)
Exemption. These rules shall not prohibit
any licensed physician from performing any procedure or activity judged by
the Texas Board of Medical Examiners to be the practice of medicine. Similarly,
these rules shall not be construed to prohibit any licensed health care provider
from conducting procedures or activities on patients under their care determined
to be the practice of that particular profession by the profession's respective
licensing board. This section does not apply to a person who is exempt from
the Act or to an individual who, under the supervision of a licensed medical
physicist, gathers data for professional use by the licensed medical physicist.
These rules shall not be construed as qualifying a licensed medical physicist
to install or perform corrective maintenance on medical equipment.]
(b)
[
(c)
] 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)
[
(d)
] 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, administrated
to human research volunteers or used to treat or diagnose conditions in humans,
when such evaluation or assessment provides conclusions or recommendation
regarding does 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 Endoresement or
Reciprocity); or
(2)
the provisional license holder passes the part of the examination
under §601.8 of this title (relating to Eligibility For Examiantion)
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 proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 22, 2001.
TRD-200100398
Paul H. Murphy
Chair
Texas Board of Licensure for Professional Medical Physicists
Earliest possible date of adoption: March 4, 2001
For further information, please call: (512) 458-7236
22 TAC §601.18
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Board of Licensure for Professional Medical Physicists or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeal is proposed under 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 to properly perform its duties under the Act.
The repeal affects the Occupations Code, Title 3. Health Professions, Subtitle
K, Chapter 602; Texas Civil Statutes, Article 4512n; and Government Code, §2001.039.
§601.18.Formal Hearing Procedures.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on January 22, 2001.
TRD-200100399
Paul H. Murphy
Chair
Texas Board of Licensure for Professional Medical Physicists
Earliest possible date of adoption: March 4, 2001
For further information, please call: (512) 458-7236