Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. Health Services Part XXVI. Texas Board of Licensure for Professional Medical Physicists Chapter 601. Medical Physicists 22 TAC sec.sec.601.1-601.18 The Texas Board of Licensure for Professional Medical Physicists (board) with the approval of the Texas Department of Health (department), adopts on an emergency basis new sec.sec.601.1-601.18, concerning the licensure and regulation of medical physicists. These sections concern purpose and scope, definitions, the board's operation, fees for medical physicist licenses and temporary licenses, exemptions to licensure, application procedures, the procedures for licensure without examination, the procedures for licensure by examination in the four specialty areas of medical physics, the requirements for temporary licensure, license issuance and license holder requirements, the processing times for applications and renewals, the procedures for petitioning the board for adoption of a rule, a code of ethics, the procedures for licensing persons with criminal backgrounds, the administrative procedures for handling violations, complaints and subsequent actions, surrender of a license and formal hearing procedures. The new sections will implement the requirements of the new Medical Physics Practice Act, Texas Civil Statutes, Article 4512n, (Senate Bill 521, Texas Legislature, Regular Session, 1991), which requires persons who practice medical physics to be licensed under the Act or be exempt under the Act. These new sections are also being proposed for permanent adoption in this issue of the Texas Register. The board, with the approval of the department, has determined that adoption of these sections on an emergency basis is necessary because of a requirement of State law and an imminent peril to public health and safety. These sections will ensure the protection of the health, safety, and welfare of the citizens of Texas from the harmful effects of excessive radiation and from the public threat if medical physics is practiced by incompetent persons. Texas Civil Statutes, Article 4512n, became effective on September 1, 1991, and makes it a Class B misdemeanor to practice medical physics in violation of the Act, i.e., without a license, after January 1, 1992. The Board was appointed in April 1992 and must adopt emergency rules in order to allow the licensure of qualified applicants as quickly as possible. In addition, requests for applications are now being received and there are special time-limited procedures expiring September 1, 1994, for issuing licenses without examination. The new sections are adopted under Texas Civil Statutes, Article 4512n, sec.11, which requires the Texas Board of Licensure for Professional Medical Physicists to adopt rules, with the approval of the Texas Department of Health, that are reasonably necessary for the proper performance of its duties under the Act; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the Texas Board of Licensure for Professional Medical Physicists with the authority to adopt emergency rules. sec.601.1. Purpose and Scope. (a) Purpose. (1) These sections in this chapter are intended to implement the provisions of the Texas Medical Physicists Act (Act), Texas Civil Statutes, Article 4512n, 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 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. sec.601.2. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Act-The Texas Medical Physics Practice Act (Act), Texas Civil Statutes, Article 4512n, relating to the licensure and regulation of professional medical physicists. Applicant-A person who applies to the Texas Board of Licensure for Professional Medical Physicists (board) for a license or temporary license. APTRA-The Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a. Board-The Texas Board of Licensure for Professional Medical Physicists. Commissioner-The Commissioner of Health of the Texas Department of Health. Department-The Texas Department of Health. 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. 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. License-A certificate issued by the board authorizing the license holder to engage in the practice of medical physics and includes the temporary license and the annual license unless the context clearly indicates otherwise. Licensed medical physicist-A person who holds a license issued under the Act. 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. 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. 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. 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. Practitioner-A doctor of medicine, osteopathy, podiatry, dentistry, or chiropractic who is licensed in this state and who prescribes radiologic procedures for other persons. Radiation-Ionizing and/or nonionizing radiation above background levels used to perform a diagnostic or therapeutic medical or dental radiological procedure. Radiological physics -The branch of medical physics that includes diagnostic radiological physics, therapeutic radiological physics, medical nuclear physics, and medical health physics. 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, Part 32,sec. s32.11; 32.20 (h); 32.30 (c)(1)(iv); 32.41 (c); 32.60 (c)(1), (2), and (3); and 32.70 (c) (adopted by reference at 25 TAC sec.289. 116 (relating to Use of Radiation Machines in the Healing Arts and Veterinary Medicine)), as amended, are not radiological procedures. 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. sec.601.3. The Board's Operation. (a) Purpose. This section sets out the organization, administration, and other general policies governing the operation of the Texas Board of Licensure for Professional Medical Physicists (board). (b) Officers. (1) Presiding officer. (A) The presiding officer shall be referred to as the chair. (B) The chair shall officiate at all board meetings at which he or she is in attendance and perform all duties prescribed by this chapter or the Texas Medical Physicists Act (Act). (2) Assistant presiding officer. (A) The assistant presiding officer shall be referred to as the vice-chair. (B) The vice-chair shall perform the duties of the chair in case of the absence or disability of the chair. (C) In case the chair is unable to fulfill his or her term, the vice-chair will serve until 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 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) The board or the chair, with the approval of the board, may establish committees deemed necessary to assist the board in carrying out its duties and responsibilities. (2) The chair of the board may appoint the members of the board to serve on committees and may designate a chair of each committee. (3) Committee chairs shall make regular reports to the board in interim written reports or at regular meetings, as needed. (4) Committees shall direct all reports or other materials to the executive secretary for distribution. (5) Committees shall meet when called by the chair of the committee or when so directed by the board or the chair. (6) Committee chairs shall contact or ask that the board office contact other committee members to determine a meeting date(s) and place(s). The committee chair shall notify the executive secretary and chair of the proposed meeting date(s) and place(s). (7) The committee chair will coordinate the meeting arrangements with the executive secretary. (8) Committee meetings shall be announced and conducted in accordance with the Open Meetings Act, Texas Civil Statutes, Article 6252-17. Committee meeting agendas shall be prepared by the executive secretary with the concurrence of the committee chair. (9) An executive summary or minutes of each committee meeting shall be prepared by the executive secretary. (e) Meetings. (1) The board shall hold at least one meeting each year and additional meetings as necessary to transact its business at such designated date, place, and time as may be determined by the chair. (2) Meetings shall be announced and conducted under the provisions of the Open Meetings Act, Texas Civil Statutes, Article 6252-17. (f) Quorum. A quorum of the board necessary to transact official business is five members. (g) Transaction of official business. (1) The board is authorized to transact official business only when in a legally constituted meeting with a quorum present. (2) Board action shall require a majority vote of those members present and voting. (3) Roberts Rules of Order Revised shall be the basis of parliamentary decisions except where otherwise provided by this chapter. (h) Agendas. (1) The executive secretary shall prepare and submit to each member of the board, at least five days prior to each meeting, an agenda, approved by the chair, which includes items requested by members; items requested by the board, the board or the executive secretary; items required by law; and other matters of board business. (2) The official agenda of each meeting shall be filed with the Secretary of State in accordance with the Open Meetings Act, Texas Civil Statutes, Article 6252-17. (i) Minutes. (1) Drafts of the minutes of each meeting shall be forwarded to each member of the board for review and comments prior to approval by the board. (2) After approval by the board, the minutes are official only when affixed with the original signatures of the chair and the executive secretary. (3) The official minutes of each meeting shall be kept in the executive secretary office and shall be available to any person desiring to examine them during regular office hours. (j) Attendance. (1) The policy of the board is that members will attend regular and committee meetings as scheduled. (2) Except in case of emergency, board members shall notify the executive secretary at least 48 hours before a scheduled meeting if they are unable to be present. (3) The board may report to the Texas Sunset Advisory Commission the attendance records of members. (k) Reimbursement for expenses. (1) A board member is entitled to per diem at the rate set by the legislature for state officials for each day the member engages in the business of the board. (2) A board member is entitled to reimbursement for transportation and incidental expenses as provided by the latest General Appropriations Act passed by the legislature. (3) Payment to board members of per diem and expenses shall be on official state travel vouchers. (4) Requests for out of state travel for board activities must be approved in advance by the board. (5) Attendance at conventions, meetings and seminars must be clearly related to the performance of official board duties. (l) Policy against discrimination. The board shall make no decision in the discharge of its statutory authority based on any person's race, creed, sex, sexual orientation, religion, color, national origin, geographical distribution, age, or economic status. sec.601.4. Fees. The purpose of this section is to set out the fees for licensure as a medical physicists prescribed by the Texas Board of Licensure for Professional Medical Physicists (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-$25 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-$75; and (ii) additional specialties-$25 each; (C) 90-day penalty fee-one-half of the renewal fee (plus the renewal fee that was due at the time of expiration); (D) 90-day to two-year penalty fee- the renewal fee (plus the renewal fee that was due at the time of expiration); (E) license and/or identification card replacement fee-$10; and (F) examination fee-the fee for the specialty examination as set by contract with the examining body. (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-$25 each; and (iii) additional specialties on subsequent applications-$75 each; (B) temporary license renewal fee: (i) first specialty-$75; and (ii) additional specialties-$25 each; (C) 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) 90-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-$10. (3) All fees are non- refundable and shall be submitted in the form of a check or money order. (4) An applicant whose check for the application processing and initial licensing fee is returned due to insufficient funds, account closed or payment stopped shall be allowed to reinstate the application 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 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. (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 renewal card has already been issued, it shall be invalid. (6) The board shall notify the applicant's or licensee's employer that the person has failed to comply with this section. sec.601.5. Exemptions. (a) The purpose of this section is to set out who is exempt from the Act and who must be licensed under the Texas Medical Physicists Act (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 Civil Statutes, Article 4512m); (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. sec.601.6. Application Procedures. (a) Purpose. The purpose of this section is to set out the application procedures for licensure of professional medical physicist. (b) General. (1) Unless otherwise indicated, an applicant must submit all required information and documentation of qualifications on forms prescribed by the 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. (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 and identification card(s) 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) if applying under sec.601.7 (a) or (b) of this title (relating to Licensure Without Examination), a notarized copy of a current Texas voter registration card or a notarized copy of a current Texas driver's license; (B) evidence of relevant work experience, including a description of the responsibilities and duties performed; (C) an official transcript from a college or university granting the applicant's degree or certificate of completion of training course; (D) a statement of the medical physics specialty for which the application is submitted; (E) three current professional references as follows: (i) two medical physicists practicing diagnostic radiological physics, medical health physics, medical nuclear physics, or therapeutic radiological physics and one physician practicing or certified in diagnostic radiology, radiation therapy, or nuclear medicine; or (ii) if applying for a temporary license, post-secondary academic references may be substituted; and (F) a fee as prescribed by the board. (d) Consideration of application. This subsection is intended to address the applications procedures required by the Texas Medical Physicists Act (Act), sec.14(c)-(f) and sec.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 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 an 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 an annual license or to be issued a temporary license if appropriate. (i) The executive secretary shall issue the 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. (e) Disapproved applications. (1) The appropriate committee of the board shall propose disapproval and the board 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 prescribed examination, if applicable; (C) has deliberately presented false information to the board to verify the applicant's qualifications; (D) has obtained or renewed a license by means of fraud, misrepresentation, or omission of material facts; (E) 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; (F) 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; or (G) has otherwise violated this Act, a lawful order or rule of the board, or the board's code of ethics. (2) An applicant whose application has been formally denied under paragraph (1)(E)-(G) 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. sec.601.7. Licensure Without Examination. (a) The Texas Board of Licensure for Professional Medical Physicists (board) may issue an annual license without an examination to a person who, before September 1, 1994: (1) is a resident of this state; (2) has an earned bachelor's, master's, or doctoral degree from an accredited college or university: (A) in physics, medical physics, biophysics, radiological physics, medical health physics, or nuclear engineering; (B) in a subject area not listed in subparagraph (A) of this paragraph, and the transcript includes at least 16 upper division semester hour credits in physics (general, modern, atomic, nuclear, radiation, or electromagnetic quantum mechanics), medical physics (diagnostic or imaging, nuclear medicine, therapeutic, dosimetry), biophysics, radiological physics or health physics; or (C) not meeting the requirements of subparagraphs (A) or (B) of this paragraph, but where the board considers and approves the degree as signifying the completion of courses acceptable to the board in physics, medical physics, biophysics, radiological physics, medical health physics, or nuclear engineering; (3) has demonstrated to the board's satisfaction the completion of at least two years of full-time work experience between September 1, 1986, and August 31, 1991, in the medical physics specialty for which application is made; and (4) has work experience which includes six additional months for each additional specialty. (b) The board may issue an annual license without an examination to a person who, before September 1, 1994: (1) is a resident of this state; (2) has successfully completed a training course approved by the board in physics, medical physics, biophysics, radiological physics, or medical health physics that had: (A) been conducted at a medical educational institution with accredited programs for training physicians or medical physicists in a radiology or radiological physics speciality; (B) instructors who were board certified or board eligible in the appropriate branch of diagnostic radiological physics, therapeutic radiological physics, medical nuclear physics, or medical health physics; and (C) covered a period of at least two years, with classroom and laboratory instruction which included: (i) radiation physics and instrumentation; (ii) radiation protection; (iii) mathematics pertaining to the use and measurement of radioactivity; and (iv) radiation biology; (3) has demonstrated to the board's satisfaction the completion of at least 10 years of full-time work experience between September 1, 1979, and August 31, 1991, in the medical physics specialty for which application is made; and (4) has work experience which includes six additional months for each additional specialty. (c) The board may 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 Texas Medical Physicists Act (Act). (d) The board may issue an annual license to a person who prior to September 1, 1994: (1) is a resident of a state, territory, or jurisdiction without a medical physics licensure act or practice act; (2) meets all other requirements for licensure without examination in accordance with subsection (a) or (b) of this section; and (3) has demonstrated to the board's satisfaction a working knowledge of Texas rules pertaining to the license specialty requested by: (A) certification that the person has read and understands the Act and this chapter; and (B) successful completion of an examination offered by the board. A list of the Texas rules is available from the board upon request. (e) Full-time work experience shall be at least 32 work hours per week in the specialty area. Part-time work experience in the specialty area may be aggregated in order to meet the minimum of 32 work hours per week. (f) 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. (g) All application materials and fees required under subsections (a), (b), and (d) of this section must be received by the board office or postmarked to the board prior to September 1, 1994. sec.601.8. Licensure By Examination. (a) Eligibility. To be eligible to take an examination for an annual license for a professional medical physicist, a person must: (1) have an earned master's or doctoral degree from an accredited college or university: (A) in physics, medical physics, biophysics, radiological physics, medical health physics, or nuclear engineering; (B) in a subject area not listed in subparagraph (A) of this paragraph, where the transcript includes at least 16 upper division semester hour credits in physics (general, modern, atomic, nuclear, radiation, or electromagnetic quantum mechanics), medical physics (diagnostic or imaging, nuclear medicine, therapeutic, or dosimetry), biophysics, radiological physics or health physics; or (C) not meeting the requirements of subparagraphs (A) or (B) of this paragraph, but where the board considers and approves the degree as signifying the completion of courses acceptable to the board in physics, medical physics, biophysics, radiological physics, medical health physics, or nuclear engineering; (2) have demonstrated, to the Texas Board of Licensure for Professional Medical Physicists (board) satisfaction, the completion of at least two years of full- time work experience in the five years preceding the date of application (the date of receipt of the application for an annual license or for the upgrade of a temporary license to an annual license) in the medical physics specialty for which application is made; and (3) submit a completed application as required by the Texas Medical Physicists Act (Act), sec.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. (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. (d) Approved 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 supervised by this board; (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 the examination in a specialty area, the approval to take the examination will be voided if the applicant does not take either or both of the next two examinations and cannot document medical or physical reasons acceptable to the board for failure to take either of the next two examinations. The applicant will be required to submit a new application for licensure before the applicant may take another examination. (f) An applicant who fails three examinations in a specialty area may not reapply for licensure 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 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) The applicant may be issued a temporary license for a fifth or sixth year only in order to gain the work experience required by this paragraph and to retake the examination once. Any temporary license issued for a fifth or sixth year shall expire upon notification to the board that the applicant failed to appear for the examination, or upon notification to the applicant of his or her failure of the examination, or upon the issuance of his or her annual license if the examination was passed, whichever occurs first. (B) An applicant who completes the work experience within the first four years of temporary licensure and for whom an examination is given and results released during the four years is not entitled to any further temporary licenses in that specialty area. (3) In order to obtain an annual license the applicant must take and pass the next examination after completion of the additional work experience. The applicant must reapply for licensure under subsection (a) of this section in order to take the examination. (g) Upgrade. Following successful completion of a medical physics specialty examination prescribed by the board and the relevant work experience, a temporary licensee may upgrade the temporary license to an annual license. (1) An annual license shall not be issued until the applicant has passed the examination. The application procedures set out in sec.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 licensed medical physicists practicing in the same specialty for which the temporary licensee is making application for an annual license; and (B) one licensed physician practicing and board-certified in radiology, diagnostic radiology, radiation therapy or nuclear medicine. (h) Expired temporary license. A person whose temporary license has expired may not upgrade the temporary license to the annual license. Application must be made under the provisions set out in sec.601.6 of this title (relating to Application Procedures). sec.601.9. Temporary License. (a) To be eligible for a temporary license, a person must meet the educational requirements set out in sec.601.8 of this title (relating to Licensure By Examination). (b) A temporary license shall be issued for each specialty for a one year period. (c) Each temporary license may be renewed annually up to three times for a maximum of four years. The four years do not have to be consecutive years. (d) The application for renewal of a temporary license shall include information regarding the experience in the medical physics specialty completed by the renewal applicant during the previous one-year period. (e) An applicant may not be approved for a temporary license in a specialty if the applicant has already held a temporary license in that specialty for a period of four years. The time period for which the applicant previously held a temporary license shall be counted towards the four year maximum. (f) To upgrade a temporary license to an annual license in the same specialty, a licensee must file evidence of relevant work experience meeting the requirements of sec.601.8 of this title (relating to Licensure By Examination) and the upgrade fee. (g) The application procedures set out in sec.601.6 of this title (relating to Application Procedures) shall apply. sec.601.10. License Issuance and License Holder Requirements. (a) The 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 Texas Medical Physicists Act (Act) and this chapter. (b) A license certificate is the property of the board and must be surrendered on demand. (c) A licensee shall display the license in an appropriate and public manner. (d) A licensee shall notify the board of any change in name, preferred mailing address, or place(s) of business or employment within 30 days of any change. (1) Notification of changes shall be made in writing and be mailed to the executive secretary. (2) Notification of name changes shall include a certified or notarized copy of a marriage certificate, court decree, or a social security card reflecting the change and the license replacement fee. The licensee shall return any previously issued license and identification cards. sec.601.11. License Renewal. (a) Purpose. The purpose of this section is to set out the procedures for renewal of licensure for professional medical physicists. (b) General. (1) A license is valid for one year from the date it is granted and must be renewed in each specialty annually. (A) An initial 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 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) 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, sec.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 sec.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. (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 shall issue a renewal identification card to a licensee who has met all requirements for renewal. The licensee must display the current renewal identification card with the license. (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. (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 90-day penalty fee. (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 90-day to two year penalty fee. (3) If a license has been expired two years or more, the license may not be renewed. In order to be relicensed, the person shall comply with the 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; (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. (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. sec.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. (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. (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 in the time periods stated in subsection (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. (d) Appeal. If a request for reimbursement under subsection (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. (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 (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. sec.601.13. Petition for Adoption of a Rule. (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. (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 State Board of Licensure for Professional Medical Physicists, 1100 West 49th Street, Austin, Texas 78756. (c) Consideration and disposition of the petition. (1) Except as otherwise provided in subsection (d) of this section, the executive secretary shall submit a petition meeting the requirements of subsection (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 and the Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.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. (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 (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. sec.601.14. Code of Ethics. (a) A 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, sec.161.091 relating to the prohibition of illegal remuneration apply to medical physicists. (b) A licensed medical physicist shall maintain confidentiality of physician records in accordance with the Medical Practice Act, Texas Civil Statutes, Article 4495b and other state statutes or rules where such statutes or rules apply to the licensed medical physicist. (c) A licensed medical physicist shall not misrepresent any professional qualifications or associations. (d) A licensed medical physicist shall not knowingly misrepresent services or attributes of any health care agency, facility, or organization. (e) A 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 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 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 licensed medical physicist shall report alleged violations of the Texas Medical Physicists Act (Act) or this chapter to the Texas Board of Licensure for Professional Medical Physicists' (board) executive secretary. (i) A 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 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 licensed medical physicist shall not direct, aid, or abet the practice of any other person in violation of the Act. (l) A licensed medical physicist shall not make any false statements regarding his or her provision of services as a medical physicist. sec.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 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) 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 a licensed medical physicist, 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 Civil Statutes, Article 6252- 13c, sec.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 Physicists Act (Act), sec.23; (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); and (E) offenses of attempting or conspiring to commit any of the offenses in this subsection (Title 4); 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 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 Civil Statutes, Article 6252-13a, and the board's formal hearing procedures. (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, Texas 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. sec.601.16. Violations, Complaints, and Subsequent Actions. (a) Purpose. The purpose of this section is to establish standards relating to: (1) offenses which are a Class B misdemeanor under the Texas Medical Physicists Act (Act); (2) violations which result in disciplinary actions; (3) procedures for filing complaints alleging violations of the Act or this chapter; (4) the Texas Board of Licensure for Professional Medical Physicists' (board) investigation of complaints; and (5) the board's actions when violations have occurred. (b) Types of offenses. A person commits a Class B misdemeanor if the person intentionally or knowingly: (1) practices medical physics in violation of the Act; or (2) uses in any manner letters, terminology, symbols, or signs to indicate or imply that the person is qualified or licensed to practice medical physics in a manner for which the person is not licensed under the Act. (c) Disciplinary action. The board may refuse to issue or renew a license, may suspend or revoke a license, may reprimand a licensee, or may place a licensee on probation for any of the following: (1) obtaining or renewing a license by means of fraud, misrepresentation, or concealment of material facts; (2) having 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; (3) engaging in unprofessional conduct that endangered or is likely to endanger the health, safety, or welfare of the public as described in sec.601.14 of this title (relating to Code of Ethics); (4) violating the Act, a lawful order or rule of the board, or the board's code of ethics; or (5) being convicted of a felony or misdemeanor as described in sec.601.15 of this title (relating to Criminal Backgrounds). (d) Filing of complaints. (1) Anyone may complain to the board alleging that a person or licensee has violated the Act or this chapter. (2) A person wishing to complain against a medical physicist or other person shall notify the executive secretary. The initial notification of a complaint may be in writing, by telephone, or by personal visit to the executive secretary's office. (Mailing address: 1100 West 49th Street, Austin, Texas 78756-3183, telephone number: (512) 834-6655). (3) Upon receipt of a complaint the executive secretary shall send or give an acknowledgment letter and the board's complaint form to the complainant which the complainant must complete and return to the executive secretary before further action can be taken. (4) Anonymous complaints may be accepted if sufficient information for investigation is submitted. (e) Investigation of complaints. (1) The executive secretary or the board's designee shall request a notarized response from the licensee or person against whom a complaint has been filed. (2) A committee of the board shall be appointed to work with the executive secretary in reviewing and resolving complaints. The executive secretary shall keep the committee informed in a timely manner as to the status of the complaint. (3) If the committee determines that there may be sufficient grounds to support the complaint, the committee may request that the matters in question be investigated by the executive secretary or the board's designee if not already fully investigated by the executive secretary or other person. (4) If the committee determines that there are insufficient grounds to support the complaint or that further action is not warranted, the committee shall dismiss the complaint and give written notice of the dismissal to the licensee or person against whom the complaint has been filed and the complainant. (5) At least once each quarter, the board shall notify the complainant of the status of his or her complaint until the complaint is finally resolved or closed. (6) If after investigation a complaint is not dismissed by the committee of the board, the committee may recommend that the license be revoked, suspended, or denied or that the licensee be reprimanded or placed on probation or that other appropriate action as authorized by law be taken by the board. (f) Reprimand, suspension, revocation, denial, or probation. (1) A reprimand is a written notice from the board to the licensee stating that the licensee has violated the Act or this chapter. A reprimand shall include a request that the licensee stop the violation immediately. A reprimand may be issued only if it is the licensee's first violation of the Act or this chapter and represents no immediate or continuing threat to the health and safety of an individual or the general public. (2) If the board suspends a license, the suspension shall remain in effect for the period of time stated in the order or until the board determines that the reason for the suspension no longer exists. (3) If a suspension overlaps a license renewal date, the suspended licensee shall comply with the renewal procedures in this chapter; however, the suspension shall remain in effect pursuant to paragraph (2) of this subsection. (4) Upon revocation, suspension, or nonrenewal of a license, a licensee shall return his or her license certificate and all existing renewal certificates to the board. (g) Prior to institution of formal proceedings to deny a renewal or revoke, or suspend a license, the 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 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) Receipt of a notice under subsection (g) or (h) of this section is presumed to occur on the 10 th day after the notice is mailed to the last address known to the board unless another date is reflected on a United States Postal Service return receipt. sec.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) Tender of the license may be by delivery by any means to the office of the board, return receipt requested. (b) Acceptance by the board. (1) The board shall consider whether to formally accept the voluntary surrender of the license. (2) Surrender of a license without acceptance thereof by the board shall not deprive the board of jurisdiction over the licensee under the Texas Medical Physicists Act (Act) or this chapter. (c) Formal disciplinary action. When a licensee has offered the surrender of his or her license after a complaint has been filed alleging violations of the Act or this chapter and the board has accepted such a surrender, that surrender is deemed to be the result of a formal disciplinary action. (d) Reinstatement. A license which has been surrendered and accepted may not be reinstated or renewed; however, a person may apply for a new license in accordance with the Act and this chapter. sec.601.18. Formal Hearing Procedures. (a) The appropriate committee of the Texas Board of Licensure for Professional Medical Physicists (board) may determine whether a hearing will be held before a hearing examiner or the board. If a hearing examiner is not utilized, the board shall conduct the formal hearing and contested case proceedings and all references to the hearing examiner in this section shall be references to the board. (b) A formal hearing or contested case proceeding shall be held in Travis County, Texas unless the hearing examiner determines that another location best serves the interests of the parties and the purposes of the hearing. (c) All formal hearings shall be in accordance with Administrative Procedure and Texas Register Act (APTRA), and 25 TAC sec. s1.21, 1.22, 1.26-1.32, and sec.1.34 (relating to Formal Hearing Procedures), except as otherwise stated in this chapter. All references to "agency, "board", or "commissioner" mean the Texas Board of Licensure for Professional Medical Physicists. (d) The hearing examiner shall be an attorney duly designated and appointed by the chair of the board who conducts hearings under the Act and this chapter on behalf of the board. (e) The hearing examiner shall give notice of the formal hearing according to the notice requirements of APTRA. (f) If a party fails to appear or be represented at a hearing or proceeding after receiving notice, the hearing examiner may proceed with the hearing or proceeding or take whatever action is fair and appropriate under the circumstances. Failure to appear at a formal hearing constitutes a waiver of the right to a hearing and the proposed action may be taken. (g) The parties to a hearing shall be the applicant or licensee and the appropriate committee of the board. (h) The board is not required to adopt the hearing examiner's proposal for decision after a hearing and may take action to deny, suspend, or revoke the license or reprimand or place the licensee on probation as the board deems appropriate and lawful. (i) A motion for rehearing shall be filed with the executive secretary. Issued in Austin, Texas, on August 3, 1992. TRD-9210560 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: August 3, 1992 Expiration date: December 1, 1992 For further information, please call: (512) 834-6628