80R10226 MSE-F

By: Coleman H.B. No. 3414

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Texas Medical Radiologic Technology Board of Examiners and the regulation of medical radiologic technology.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 601.002, Occupations Code, is amended by amending Subdivisions (2) and (5) and adding Subdivisions (5-a), (12), and (13) to read as follows:

(2) "Medical radiologic technology board" ["Board"] means the Texas Medical Radiologic Technology Board of Examiners [Health].

(5) "Education program" means clinical training or any other program offered by an organization approved by the medical radiologic technology board that:

(A) has a specified objective;

(B) includes planned activities for participants; and

(C) uses an approved method for measuring the progress of participants.

(5-a) "Medical board" means the Texas Medical Board.

(12) "Radiologist" means a physician specializing in radiology certified by or board-eligible for the American Board of Radiology, the American Osteopathic Board of Radiology, the British Royal College of Radiology, or the Canadian College of Physicians and Surgeons.

(13) "Radiologist assistant" means an advanced-level medical radiologic technologist certified under this chapter, other than a practitioner, who works under the supervision of a radiologist to enhance patient care by assisting the radiologist in the medical imaging environment.

SECTION 2. Chapter 601, Occupations Code, is amended by adding Subchapter A-1 to read as follows: SUBCHAPTER A-1. TEXAS MEDICAL RADIOLOGIC TECHNOLOGY BOARD OF EXAMINERS

Sec. 601.011. TEXAS MEDICAL RADIOLOGIC TECHNOLOGY BOARD OF EXAMINERS. The Texas Medical Radiologic Technology Board of Examiners is an advisory board to the Texas Medical Board.

Sec. 601.012. APPOINTMENT OF BOARD. (a) The medical radiologic technology board consists of 12 members appointed by the governor with the advice and consent of the senate as follows:

(1) six practicing medical radiologic technologists each of whom hold general certificates and have at least five years of clinical experience as a medical radiologic technologist;

(2) two radiologists who are licensed in this state and supervise medical radiologic technologists;

(3) one medical physicist who is licensed in this state and currently practices in one of the subfields of medical physics; and

(4) three public members who are not licensed as physicians or medical radiologic technologists.

(b) Appointments to the medical radiologic technology board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

Sec. 601.013. MEMBERSHIP ELIGIBILITY AND RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b) A person may not be a public member of the medical radiologic technology board if the person or the person's spouse:

(1) is registered, certified, or licensed by a regulatory agency in the field of health care;

(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the medical board or medical radiologic technology board;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the medical board or medical radiologic technology board; or

(4) uses or receives a substantial amount of tangible goods, services, or money from the medical board or medical radiologic technology board other than compensation or reimbursement authorized by law for medical radiologic technology board membership, attendance, or expenses.

(c) A person may not be a member of the medical radiologic technology board and may not be a medical board employee in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.

(d) A person may not be a member of the medical radiologic technology board or act as the general counsel to the medical radiologic technology board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the medical board or medical radiologic technology board.

Sec. 601.014. TERMS; VACANCIES. (a) Members of the medical radiologic technology board are appointed for staggered six-year terms. The terms of three members expire on February 1 of each odd-numbered year.

(b) A member may not serve more than:

(1) two consecutive full terms; or

(2) a total of three full terms.

(c) If a vacancy occurs during a member's term, the governor shall appoint a new member to fill the unexpired term.

Sec. 601.015. OFFICERS. The governor shall designate a member of the medical radiologic technology board as the presiding officer of the board to serve in that capacity at the will of the governor. The medical radiologic technology board shall select from its membership a secretary to serve a one-year term.

Sec. 601.016. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the medical radiologic technology board that a member:

(1) does not have at the time of taking office the qualifications required by Sections 601.012 and 601.013;

(2) does not maintain during service on the medical radiologic technology board the qualifications required by Sections 601.012 and 601.013;

(3) is ineligible for membership under Section 601.012;

(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled medical radiologic technology board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the medical radiologic technology board.

(b) The validity of an action of the medical radiologic technology board is not affected by the fact that it is taken when a ground for removal of a medical radiologic technology board member exists.

(c) If the executive director of the medical board has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the medical radiologic technology board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the medical radiologic technology board, who shall then notify the governor and the attorney general that a potential ground for removal exists.

Sec. 601.017. PER DIEM. A member of the medical radiologic technology board is entitled to receive a per diem as set by legislative appropriation for each day that the member engages in the business of the board. If the General Appropriations Act does not prescribe the amount of the per diem, the per diem is equal to a member's actual expenses for meals, lodging, and transportation plus $100.

Sec. 601.018. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE LAW. Except as otherwise provided by this chapter, the medical radiologic technology board is subject to Chapters 551 and 2001, Government Code.

Sec. 601.019. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the medical radiologic technology board may not vote, deliberate, or be counted as a member in attendance at a meeting of the medical radiologic technology board until the person completes a training program that complies with this section.

(b) The training program must provide the person with information regarding:

(1) this chapter and the medical radiologic technology board's programs, functions, rules, and budget;

(2) the results of the most recent formal audit of the medical radiologic technology board;

(3) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and

(4) any applicable ethics policies adopted by the medical radiologic technology board, the medical board, or the Texas Ethics Commission.

(c) A person appointed to the medical radiologic technology board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

SECTION 3. The heading to Subchapter B, Chapter 601, Occupations Code, is amended to read as follows:

SUBCHAPTER B. POWERS AND DUTIES OF MEDICAL RADIOLOGIC TECHNOLOGY

BOARD AND MEDICAL BOARD [DEPARTMENT]

SECTION 4. Section 601.051, Occupations Code, is amended to read as follows:

Sec. 601.051. CERTIFICATION PROGRAM. The medical radiologic technology board [bureau of licensing and compliance of the department] shall administer the certification program required by this chapter.

SECTION 5. Subchapter B, Chapter 601, Occupations Code, is amended by adding Sections 601.0521, 601.0522, 601.0523, 601.0524, and 601.0525 to read as follows:

Sec. 601.0521. GENERAL POWERS AND DUTIES. The medical radiologic technology board shall:

(1) adopt rules that are reasonable and necessary for the performance of the medical radiologic technology board's duties under this chapter, as provided by Chapter 2001, Government Code, including rules to establish:

(A) certification and other fees;

(B) certificate renewal dates; and

(C) procedures for disciplinary actions;

(2) review and approve or reject each application for the issuance or renewal of a certificate;

(3) issue each certificate;

(4) deny, suspend, or revoke a certificate or otherwise discipline a certificate holder; and

(5) take any action necessary to carry out the functions and duties of the medical radiologic technology board under this chapter.

Sec. 601.0522. GUIDELINES FOR EARLY INVOLVEMENT IN RULEMAKING PROCESS. (a) The medical radiologic technology board shall adopt guidelines to establish procedures for receiving input during the rulemaking process from individuals and groups that have an interest in matters under the medical radiologic technology board's jurisdiction. The guidelines must provide an opportunity for those individuals and groups to provide input before the medical radiologic technology board submits the rule to the medical board for approval.

(b) A rule adopted by the medical board may not be challenged on the grounds that the medical radiologic technology board did not comply with this section. If the medical radiologic technology board was unable to solicit a significant amount of input from the public or affected persons early in the rulemaking process, the medical radiologic technology board shall state in writing the reasons why the board was unable to do so.

Sec. 601.0523. POWERS AND DUTIES OF THE TEXAS MEDICAL BOARD RELATING TO MEDICAL RADIOLOGIC TECHNOLOGISTS. (a) The medical board shall adopt rules consistent with this chapter to regulate medical radiologic technologists and physicians who supervise medical radiologic technologists.

(b) The medical board, by a majority vote, shall approve or reject each rule adopted by the medical radiologic technology board. If approved, the rule may take effect. If the rule is rejected, the medical board shall return the rule to the medical radiologic technology board for revision.

Sec. 601.0524. FEES. The medical radiologic technology board shall establish and collect fees in amounts that are reasonable and necessary to cover the cost of administering this chapter.

Sec. 601.0525. DIVISION OF RESPONSIBILITIES. Subject to the advice and approval of the medical board, the medical radiologic technology board shall develop and implement policies that clearly separate the policymaking responsibilities of the medical radiologic technology board and the management responsibilities of the executive director and the staff of the medical board.

SECTION 6. Section 601.053, Occupations Code, is amended to read as follows:

Sec. 601.053. MINIMUM STANDARDS FOR MEDICAL RADIOLOGIC TECHNOLOGIST. The medical radiologic technology board by rule shall establish minimum standards for:

(1) issuing, renewing, suspending, or revoking a certificate issued under this chapter;

(2) approving curricula and education programs to train individuals and[,] registered nurses[, and physician assistants] to perform radiologic procedures;

(3) approving instructors to teach approved curricula or education programs to train individuals to perform radiologic procedures; and

(4) rescinding an approval described by Subdivision (2) or (3).

SECTION 7. Subchapter B, Chapter 601, Occupations Code, is amended by adding Section 601.0535 to read as follows:

Sec. 601.0535. MINIMUM STANDARDS FOR RADIOLOGIST ASSISTANT. The medical radiologic technology board by rule shall establish minimum standards for issuing, renewing, suspending, or revoking a radiologist assistant certificate.

SECTION 8. Section 601.054, Occupations Code, is amended to read as follows:

Sec. 601.054. APPROVAL AND REVIEW OF CURRICULA, INSTRUCTORS, AND TRAINING PROGRAMS. (a) An applicant for approval of a curriculum, instructor, or training program must apply to the medical radiologic technology board [department] on a form and under rules adopted by the board.

(b) The medical radiologic technology board [department] shall approve a curriculum, instructor, or training program that meets the minimum standards adopted under Section 601.053. The medical radiologic technology board [department] may review the approval annually.

(c) The medical radiologic technology board may set a fee for approval of a curriculum, instructor, or training program not to exceed the estimated amount that the board [department] projects to be required for the evaluation of the curriculum, instructor, or training program.

SECTION 9. Sections 601.056(a) and (b), Occupations Code, are amended to read as follows:

(a) The medical radiologic technology board with the assistance of other appropriate state agencies shall identify by rule radiologic procedures, other than radiologic procedures described by Subsection (c), that are dangerous or hazardous and that may be performed only by a practitioner or a medical radiologic technologist or radiologist assistant certified under this chapter.

(b) In adopting rules under Subsection (a), the medical radiologic technology board may consider whether the radiologic procedure will be performed by a registered nurse [or a licensed physician assistant].

SECTION 10. Subchapter B, Chapter 601, Occupations Code, is amended by adding Sections 601.0571, 601.0572, and 601.0573 to read as follows:

Sec. 601.0571. PUBLIC PARTICIPATION. Subject to the advice and approval of the medical board, the medical radiologic technology board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the medical radiologic technology board and to speak on any issue under the jurisdiction of the medical radiologic technology board.

Sec. 601.0572. RECORDS OF COMPLAINTS. (a) The medical radiologic technology board shall maintain a system to promptly and efficiently act on complaints filed with the medical radiologic technology board. The board shall maintain:

(1) information about the parties to the complaint and the subject matter of the complaint;

(2) a summary of the results of the review or investigation of the complaint; and

(3) information about the disposition of the complaint.

(b) The medical radiologic technology board shall make information available describing its procedures for complaint investigation and resolution.

(c) The medical radiologic technology board shall periodically notify the parties of the status of the complaint until final disposition of the complaint, unless the notice would jeopardize an investigation.

Sec. 601.0573. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) Subject to the advice and approval of the medical board, the medical radiologic technology board shall develop and implement a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of medical radiologic technology board rules; and

(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the medical radiologic technology board's jurisdiction.

(b) The medical radiologic technology board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

(c) The medical radiologic technology board shall designate a trained person to:

(1) coordinate the implementation of the policy adopted under Subsection (a);

(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3) collect data concerning the effectiveness of those procedures, as implemented by the medical radiologic technology board.

SECTION 11. Section 601.058, Occupations Code, is amended to read as follows:

Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The medical radiologic technology board may not adopt rules restricting advertising or competitive bidding by a medical radiologic technologist or radiologist assistant except to prohibit false, misleading, or deceptive practices.

(b) In its rules to prohibit false, misleading, or deceptive practices, the medical radiologic technology board may not include a rule that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of a medical radiologic technologist's or radiologist assistant's personal appearance or voice in an advertisement;

(3) relates to the size or duration of an advertisement by the medical radiologic technologist or radiologist assistant; or

(4) restricts the medical radiologic technologist's or radiologist assistant's advertisement under a trade name.

SECTION 12. Section 601.101, Occupations Code, is amended to read as follows:

Sec. 601.101. CERTIFICATION REQUIRED. A person may not practice as a medical radiologic technologist in this state or perform a radiologic procedure unless the person holds an appropriate [a] certificate issued under this chapter, except as otherwise provided by Subchapter D.

SECTION 13. Section 601.102, Occupations Code, is amended to read as follows:

Sec. 601.102. CLASSES OF CERTIFICATES. (a) The medical radiologic technology board shall establish classes of certificates to include all radiologic procedures used in the course and scope of the practice of practitioners licensed in this state.

(b) The medical radiologic technology board may issue to a person:

(1) a general certificate to perform radiologic procedures;

(2) a certificate that authorizes the person to perform radiologic procedures as a radiologist assistant;

(3) a certificate as a medical radiologic technologist; or

(4) [(2)] a limited certificate that authorizes the person to perform radiologic procedures only on specific parts of the human body.

(c) The medical radiologic technology board may issue to a person a temporary general certificate or a temporary limited certificate that authorizes the person to perform radiologic procedures for a period not to exceed one year.

SECTION 14. Section 601.103, Occupations Code, is amended to read as follows:

Sec. 601.103. APPLICATION; APPLICATION FEE. An applicant for a certificate under this chapter must:

(1) apply to the medical radiologic technology board [department] on a form and under rules adopted by the medical radiologic technology board; and

(2) submit with the application a nonrefundable application fee in an amount determined by the medical radiologic technology board.

SECTION 15. Section 601.104, Occupations Code, is amended to read as follows:

Sec. 601.104. EXAMINATION. The medical radiologic technology board may prepare and conduct an examination for applicants for a certificate.

SECTION 16. Section 601.1041, Occupations Code, is amended to read as follows:

Sec. 601.1041. NOTIFICATION OF EXAMINATION RESULTS. (a) Not later than the 30th day after the date a person takes an examination for a certificate under this chapter, the medical radiologic technology board [department] shall notify the person of the results of the examination.

(b) If the examination is graded or reviewed by a testing service, the medical radiologic technology board [department] shall notify the person of the results of the examination not later than the 14th day after the date the medical radiologic technology board [department] receives the results from the testing service. If notice of the examination results will be delayed for longer than 90 days after the examination date, the medical radiologic technology board [department] shall notify the person of the reason for the delay before the 90th day.

(c) The medical radiologic technology board [department] may require a testing service to notify a person of the results of the person's examination.

(d) If requested in writing by a person who fails an examination for a certificate administered under this chapter, the medical radiologic technology board [department] shall furnish the person with an analysis of the person's performance on the examination.

SECTION 17. Section 601.105, Occupations Code, is amended to read as follows:

Sec. 601.105. ISSUANCE OF CERTIFICATE. (a) The medical radiologic technology board [department] shall issue a certificate to an applicant who:

(1) meets the minimum standards for certification established under this chapter;

(2) submits an application on a form prescribed by the medical radiologic technology board;

(3) pays the required application fee;

(4) certifies that the applicant is mentally and physically able to function safely as a medical radiologic technologist; and

(5) submits to the medical radiologic technology board any other information the medical radiologic technology board considers necessary to evaluate the applicant's qualifications [Section 601.053].

(b) A certificate is valid for a period established by the medical radiologic technology board.

(c) The medical radiologic technology board may delegate authority to medical board employees to issue licenses under this chapter to applicants who clearly meet all licensing requirements. If the medical board employees determine that an applicant does not clearly meet all licensing requirements, the application shall be returned to the medical radiologic technology board. A license issued under this subsection does not require formal medical radiologic technology board approval.

SECTION 18. Subchapter C, Chapter 601, Occupations Code, is amended by adding Section 601.1055 to read as follows:

Sec. 601.1055. RADIOLOGIST ASSISTANT CERTIFICATE. (a) A person seeking to obtain certification as a radiologist assistant must:

(1) hold a general certificate to perform radiologic procedures;

(2) have satisfactorily completed an advanced academic program encompassing a nationally recognized radiologist assistant curriculum that:

(A) culminates in the award of a baccalaureate degree, postbaccalaureate certificate, or graduate degree; and

(B) incorporates a radiologist-directed clinical preceptorship;

(3) be certified in advanced cardiac life support; and

(4) be certified as a radiologist assistant by the American Registry of Radiologic Technologists.

(b) The medical radiologic technology board by rule shall determine the specific duties a radiologist assistant may perform. A rule adopted under this subsection must be consistent with guidelines adopted by the American College of Radiology, the American Society of Radiologic Technologists, and the American Registry of Radiologic Technologists.

(c) A radiologist assistant may not interpret images, make diagnoses, or prescribe medications or therapies.

SECTION 19. Section 601.107, Occupations Code, is amended to read as follows:

Sec. 601.107. CERTIFICATION BY ENDORSEMENT. In adopting minimum standards for certifying medical radiologic technologists, the medical radiologic technology board may establish criteria for issuing a certificate to a person licensed or otherwise registered as a medical radiologic technologist or radiologist assistant by the American Registry of Radiologic Technologists, the Nuclear Medicine Technology Certification Board [American Registry of Clinical Radiography Technologists], or another state whose requirements for licensure or registration were on the date of licensing or registration substantially equal to the requirements of this chapter.

SECTION 20. Section 601.108, Occupations Code, is amended to read as follows:

Sec. 601.108. CONTINUING EDUCATION AND OTHER GUIDELINES. (a) The medical radiologic technology board may establish guidelines.

(b) The medical radiologic technology board shall prepare, recognize, or administer continuing education programs for medical radiologic technologists or radiologist assistants in which participation is required, to the extent required by the medical radiologic technology board, to keep the person's certificate.

SECTION 21. Section 601.109, Occupations Code, is amended to read as follows:

Sec. 601.109. PROVISIONAL CERTIFICATE. (a) The medical radiologic technology board may issue a provisional certificate to an applicant currently licensed or certified in another jurisdiction who seeks certification in this state and who:

(1) has been licensed or certified in good standing as a medical radiologic technologist or radiologist assistant for at least two years in another jurisdiction, including a foreign country, that has licensing or certification requirements substantially equivalent to the requirements of this chapter;

(2) has passed a national or other examination recognized by the medical radiologic technology board relating to the practice of radiologic technology or radiologist assistant; and

(3) is sponsored by a medical radiologic technologist or radiologist assistant certified by the medical radiologic technology board under this chapter with whom the provisional certificate holder will practice during the time the person holds a provisional certificate.

(b) The medical radiologic technology board may waive the requirement of Subsection (a)(3) for an applicant if the board determines that compliance with that subsection would be a hardship to the applicant.

(c) A provisional certificate is valid until the date the medical radiologic technology board approves or denies the provisional certificate holder's application for a certificate. The medical radiologic technology board shall issue a certificate under this chapter to the provisional certificate holder if:

(1) the provisional certificate holder is eligible to be certified under Section 601.107; or

(2) the provisional certificate holder passes the part of the examination under Section 601.104 that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of radiologic technology in this state and:

(A) the medical radiologic technology board verifies that the provisional certificate holder meets the academic and experience requirements for a certificate under this chapter; and

(B) the provisional certificate holder satisfies any other licensing requirements under this chapter.

(d) The medical radiologic technology board must approve or deny a provisional certificate holder's application for a certificate not later than the 180th day after the date the provisional certificate is issued. The board may extend the 180-day period if the results of an examination have not been received by the medical radiologic technology board before the end of that period.

(e) The medical radiologic technology board may establish a fee for a provisional certificate in an amount reasonable and necessary to cover the cost of issuing the certificate.

SECTION 22. Section 601.110, Occupations Code, is amended to read as follows:

Sec. 601.110. CERTIFICATE EXPIRATION. (a) Not later than the 30th day before the date a person's certificate is scheduled to expire, the medical radiologic technology board [department] shall send written notice of the impending expiration to the person at the person's last known address according to the records of the board [department].

(b) The medical radiologic technology board by rule may adopt a system under which certificates expire on various dates during the year. For the year in which the certificate expiration date is changed, the medical radiologic technology board [department] shall prorate certificate fees on a monthly basis so that each certificate holder pays only that portion of the certificate fee that is allocable to the number of months during which the certificate is valid. On renewal of the certificate on the new expiration date, the total certificate renewal fee is payable.

SECTION 23. Sections 601.111(a), (b), and (c), Occupations Code, are amended to read as follows:

(a) A person who is otherwise eligible to renew a certificate may renew an unexpired certificate by paying the required renewal fee to the medical radiologic technology board [department] before the expiration date of the certificate. A person whose certificate has expired may not engage in activities that require a certificate until the certificate has been renewed.

(b) A person whose certificate has been expired for 90 days or less may renew the certificate by paying to the medical radiologic technology board [department] a renewal fee that is equal to 1-1/2 times the normally required renewal fee.

(c) A person whose certificate has been expired for more than 90 days but less than one year may renew the certificate by paying to the medical radiologic technology board [department] a renewal fee that is equal to two times the normally required renewal fee.

SECTION 24. Section 601.112(b), Occupations Code, is amended to read as follows:

(b) The person must pay to the medical radiologic technology board [department] a fee that is equal to two times the normally required renewal fee for the certificate.

SECTION 25. Section 601.156, Occupations Code, is amended to read as follows:

Sec. 601.156. PROCEDURE PERFORMED AS PART OF CONTINUING EDUCATION PROGRAM. A person is not required to hold a certificate issued under this chapter or to comply with the registration requirements adopted under Section 601.252 if the person is:

(1) licensed or otherwise registered as a medical radiologic technologist by another state, the American Registry of Radiologic Technologists, the Nuclear Medicine Technology Certification Board [American Registry of Clinical Radiography Technologists], or a professional organization or association recognized by the board;

(2) enrolled in a continuing education program that meets the requirements adopted under Section 601.108; and

(3) performing a radiologic procedure as part of the continuing education program for not more than 10 days.

SECTION 26. Section 601.251, Occupations Code, is amended to read as follows:

Sec. 601.251. APPLICABILITY. This subchapter applies to the:

(1) Board of Nurse Examiners;

(2) Texas Board of Chiropractic Examiners;

(3) State Board of Dental Examiners;

(4) medical board [Texas State Board of Medical Examiners]; and

(5) Texas State Board of Podiatric Medical Examiners.

SECTION 27. Section 601.252(a), Occupations Code, is amended to read as follows:

(a) Each agency subject to this subchapter, other than the Board of Nurse Examiners, shall adopt rules to regulate the manner in which a person who holds a license issued by the agency may order[, instruct, or direct another authorized person in] the performance of a radiologic procedure.

SECTION 28. Section 601.301, Occupations Code, is amended to read as follows:

Sec. 601.301. CERTIFICATE DENIAL AND DISCIPLINARY ACTION. The medical radiologic technology board [department] may, for a violation of this chapter or a rule adopted under this chapter:

(1) suspend, revoke, or refuse to renew a certificate;

(2) rescind approval of a curriculum, training program, or instructor;

(3) deny an application for certification or approval;

(4) issue a reprimand; or

(5) place the offender's certificate on probation and require compliance with a requirement of the medical radiologic technology board [department], including requiring the offender to:

(A) submit to medical or psychological treatment;

(B) meet additional education requirements;

(C) pass an examination; or

(D) work under the supervision of a medical radiologic technologist or other practitioner.

SECTION 29. Section 601.302, Occupations Code, is amended to read as follows:

Sec. 601.302. GROUNDS FOR CERTIFICATE DENIAL OR DISCIPLINARY ACTION. The medical radiologic technology board [department] may take action under Section 601.301 against a person subject to this chapter for:

(1) obtaining or attempting to obtain a certificate issued under this chapter by bribery or fraud;

(2) making or filing a false report or record made in the person's capacity as a medical radiologic technologist;

(3) intentionally or negligently failing to file a report or record required by law;

(4) intentionally obstructing or inducing another to intentionally obstruct the filing of a report or record required by law;

(5) engaging in unprofessional conduct, including the violation of the standards of practice of radiologic technology established by the medical radiologic technology board;

(6) developing an incapacity that prevents the practice of radiologic technology with reasonable skill, competence, and safety to the public as the result of:

(A) an illness;

(B) drug or alcohol dependency; or

(C) another physical or mental condition or illness;

(7) failing to report to the medical radiologic technology board [department] the violation of this chapter by another person;

(8) employing, for the purpose of applying ionizing radiation to a person, a person who is not certified under or in compliance with this chapter;

(9) violating this chapter, a rule adopted under this chapter, an order of the medical board or medical radiologic technology board [department] previously entered in a disciplinary proceeding, or an order to comply with a subpoena issued by the medical board or medical radiologic technology board [department];

(10) having a certificate revoked, suspended, or otherwise subjected to adverse action or being denied a certificate by another certification authority in another state, territory, or country; or

(11) being convicted of or pleading nolo contendere to a crime directly related to the practice of radiologic technology.

SECTION 30. Section 601.303, Occupations Code, is amended to read as follows:

Sec. 601.303. STUDENT PRACTICING WITHOUT DIRECT SUPERVISION. The medical radiologic technology board [department] may take disciplinary action against a student for intentionally practicing radiologic technology without direct supervision.

SECTION 31. Section 601.304, Occupations Code, is amended to read as follows:

Sec. 601.304. ADMINISTRATIVE PROCEDURE. The procedure by which the medical radiologic technology board [department] takes a disciplinary action and the procedure by which a disciplinary action is appealed are governed by:

(1) medical radiologic technology board [department] rules for a contested case hearing; and

(2) Chapter 2001, Government Code.

SECTION 32. Section 601.305(b), Occupations Code, is amended to read as follows:

(b) The medical radiologic technology board may not reinstate a certificate to a holder or issue a certificate to an applicant previously denied a certificate unless the medical radiologic technology board is satisfied that the holder or applicant has complied with requirements set by the medical radiologic technology board and is capable of engaging in the practice of radiologic technology.

SECTION 33. Section 601.306(a), Occupations Code, is amended to read as follows:

(a) The medical radiologic technology board [department] shall temporarily suspend the certificate of a certificate holder if the medical radiologic technology board [department] determines from the evidence or information presented to it that continued practice by the certificate holder would constitute a continuing and imminent threat to the public welfare.

SECTION 34. Section 601.351, Occupations Code, is amended to read as follows:

Sec. 601.351. IMPOSITION OF PENALTY. The medical radiologic technology board [department] may impose an administrative penalty against a person who violates this chapter or a rule adopted under this chapter.

SECTION 35. Section 601.353(a), Occupations Code, is amended to read as follows:

(a) If, after investigating a possible violation and the facts surrounding that possible violation, the medical radiologic technology board [department] determines that a violation occurred, the medical radiologic technology board [department] shall give written notice of the violation to the person alleged to have committed the violation.

SECTION 36. Section 601.354, Occupations Code, is amended to read as follows:

Sec. 601.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not later than the 20th day after the date the person receives the notice, the person may:

(1) accept the medical radiologic technology board's [department's] determination, including the proposed administrative penalty; or

(2) make a written request for a hearing on that determination.

(b) If the person accepts the medical radiologic technology board's [department's] determination, the medical radiologic technology board [commissioner of public health] or the board's [that commissioner's] designee by order shall approve the determination and impose the proposed penalty.

SECTION 37. Section 601.355(a), Occupations Code, is amended to read as follows:

(a) If the person timely requests a hearing, the medical radiologic technology board [department] shall:

(1) set a hearing;

(2) give written notice of the hearing to the person; and

(3) designate a hearings examiner to conduct the hearing.

SECTION 38. Section 601.356(b), Occupations Code, is amended to read as follows:

(b) The medical radiologic technology board [department] shall give notice of the order to the person. The notice must include:

(1) separate statements of the findings of fact and conclusions of law;

(2) the amount of any penalty imposed; and

(3) a statement of the right of the person to judicial review of the order.

SECTION 39. Section 601.357(c), Occupations Code, is amended to read as follows:

(c) If the medical radiologic technology board [department] receives a copy of an affidavit as provided by Subsection (b)(2), the medical radiologic technology board [department] may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.

SECTION 40. Section 601.358, Occupations Code, is amended to read as follows:

Sec. 601.358. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the medical radiologic technology board [department] may refer the matter to the attorney general for collection.

SECTION 41. Section 601.360(a), Occupations Code, is amended to read as follows:

(a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:

(1) order the appropriate amount, plus accrued interest, be remitted to the person by the medical radiologic technology board [department] if the person paid the penalty under Section 601.357(a)(2); or

(2) if the person paid the penalty under Section 601.357(b)(1)(A) or posted a supersedeas bond, order the medical radiologic technology board [department] to:

(A) execute a complete release of the escrow account or bond, as appropriate, if the penalty is not imposed; or

(B) release the escrow account or bond, as appropriate, after the reduced penalty has been paid from the account or by the person.

SECTION 42. Section 601.361, Occupations Code, is amended to read as follows:

Sec. 601.361. EXPENSES AND COSTS. (a) In this section, "reasonable expenses and costs" includes expenses incurred by the medical radiologic technology board [department] and the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, court costs, attorney's fees, witness fees, and deposition expenses.

(b) The medical radiologic technology board [department] may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, an administrative penalty is assessed against the person. The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date the order of the medical radiologic technology board [commissioner of public health] or the board's [that commissioner's] designee requiring the payment of expenses and costs is final. The medical radiologic technology board [department] may refer the matter to the attorney general for collection of the expenses and costs.

(c) If the attorney general brings an action against a person to enforce an administrative penalty assessed under this chapter and the person is found liable for an administrative penalty, the attorney general may recover, on behalf of the attorney general and the medical radiologic technology board [department], reasonable expenses and costs.

SECTION 43. Sections 601.401(a) and (c), Occupations Code, are amended to read as follows:

(a) If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted under this chapter, the medical radiologic technology board or the medical board [department] may bring an action to enjoin the continued or threatened violation.

(c) At the request of the medical radiologic technology board or the medical board [department], the attorney general shall bring an action in the name of the state for the injunctive relief, to recover the civil penalty, or both.

SECTION 44. Section 601.402(a), Occupations Code, is amended to read as follows:

(a) A person who is required to be certified under this chapter commits an offense if the person:

(1) knowingly administers a radiologic procedure to another person without holding a valid certificate issued by the medical radiologic technology board [department];

(2) practices radiologic technology without holding a certificate under this chapter;

(3) uses or attempts to use a suspended or revoked certificate;

(4) knowingly allows a student enrolled in an education program to perform a radiologic procedure without direct supervision;

(5) obtains or attempts to obtain a certificate through bribery or fraudulent misrepresentation;

(6) uses the title or name "certified medical radiologic technologist," "certified radiologist assistant," [technologist"] or any other name or title that implies the person is certified to practice radiologic technology, unless the person is certified under this chapter;

(7) knowingly conceals information relating to enforcement of this chapter or a rule adopted under this chapter; or

(8) employs a person not certified by or in compliance with this chapter for the purpose of applying ionizing radiation to a person.

SECTION 45. Section 151.004, Occupations Code, is amended to read as follows:

Sec. 151.004. APPLICATION OF SUNSET ACT. The Texas Medical Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this subtitle and Chapters 204, 205, [and] 206, and 601 expire September 1, 2017.

SECTION 46. The following sections of the Occupations Code are repealed:

(1) Sections 601.002(1) and (3);

(2) Section 601.052;

(3) Section 601.055;

(4) Section 601.057;

(5) Section 601.152;

(6) Section 601.154;

(7) Sections 601.252(b), (c), and (d); and

(8) Subchapter E, Chapter 601.

SECTION 47. (a) A rule of the Department of State Health Services or the executive commissioner of the Health and Human Services Commission relating to radiologic technology is continued in effect as a rule of the Texas Medical Radiologic Technology Board of Examiners or Texas Medical Board until superseded by a rule of the Texas Medical Radiologic Technology Board of Examiners or Texas Medical Board.

(b) A certificate, license, or permit issued by the Department of State Health Services relating to radiologic technology is continued in effect as provided by the law in effect immediately before the effective date of this Act.

(c) A complaint, investigation, contested case, or other proceeding pending under Chapter 601, Occupations Code, on the effective date of this Act is continued without change in status after the effective date of this Act.

(d) An inspection or other activity conducted by the Department of State Health Services relating to radiologic technology is considered to be an inspection or activity conducted by the Texas Medical Radiologic Technology Board of Examiners or Texas Medical Board.

SECTION 48. This Act takes effect September 1, 2007.