Rule 78.1 – Repeal – Registration of Chiropractic Radiologic Technologists
Wednesday, September 17, 2014 12:21 PM

The following section would be repealed.  Different language to "replace it" has been proposed elsewhere.

(a) Registration required. Any person performing radiologic procedures in a chiropractic facility must register with the board, on a form prescribed by the board. This section does not apply to registered nurses or to persons certified under the Medical Radiologic Technologist Certification Act.

(b) Eligibility. An applicant for registration must either:

  (1) submit proof of the applicant's registry with the Texas Department of State Health Services (DSHS) and completion of training and instruction as required by 25 TAC §140.518 (relating to Mandatory Training Programs for Non-Certified Technicians); or

  (2) perform radiologic procedures for a licensee to whom a hardship exemption was granted by DSHS within the previous 12 months under 25 TAC §140.520 (relating to Hardship Exemptions).

(c) Application submission. An applicant shall submit an application for registration, proof of status as provided in subsection (b) of this section, along with the radiologic technologist application fee as provided in §75.7 of this title (relating to Fees and Charges for Public Information).

(d) Renewal. On or before January 1 of each year, a CRT shall renew his or her registration, by submitting:

  (1) a registration application;

  (2) the radiologic technologist application fee as provided in §75.7 of this title (relating to Required Fees and Charges); and

  (3) proof of renewal status as provided in subsection (b) of this section.

(e) Expired registration.

  (1) A CRT registration expires on January 1 of each year if it is not timely renewed.

  (2) If a CRT's registration has expired, a person may renew his or her registration by submitting to the board all of the items required by subsection (d) of this section and a late fee of $25.

  (3) A person who fails to renew his or her registration on or before the expiration date may also be subject to an administrative penalty and other disciplinary sanctions as provided in subsection (h) of this section.

(f) Incomplete applications. No registration will be issued on an incomplete submission. Application or renewal packages that are submitted without all of the required documents or fees will be deemed incomplete and returned to the applicant.

(g) DSHS authorization. A person may not perform radiologic procedures if that person is removed from the DSHS registry or the hardship exemption under which the person is working is expired or revoked even if the person holds a valid CRT registration with the board. A CRT must provide to the board a copy of a hardship exemption granted by DSHS within five days of its issuance if the exemption is granted prior to the registration renewal deadline.

(h) Disciplinary sanctions. The board may refuse to issue or renew, suspend, or revoke a CRT registration and/or impose an administrative penalty for the following:

  (1) violation of the rules or an order of the board;

  (2) violation of the Medical Radiologic Technologist Certification Act;

  (3) violation of the rules or an order of DSHS;

  (4) violation of the Texas Chiropractic Act; or

  (5) nonpayment of registration fees.

(i) DSHS compliance. All registrants shall comply with the rules of DSHS for the control of radiation.

(j) Supervision required. A CRT shall perform radiological procedures only under the supervision of a licensee physically present on the premises.

(k) Cineradiography. Procedures that include cineradiography are limited to use by a licensee who has passed a course in its use, approved by the board.

(l) Non-static procedures. Any non-static procedure has the potential to be more dangerous and hazardous and by definition may only be performed by a licensee or a certified medical radiologic technologist.

(m) Licensee responsibility. A licensee shall not authorize or permit a person:

  (1) who is not registered under this section to perform radiologic procedures on a patient unless otherwise authorized under the Medical Radiologic Technologist Act or 25 TAC Chapter 140, Subchapter J (relating to Medical Radiologic Technologists); or

  (2) to perform radiologic procedures on a patient if that person has been removed from the registry of DSHS or the licensee's hardship exemption has been revoked or has expired.

(n) Licensee compliance. A licensee shall comply with the Medical Radiological Technologist Certification Act and all applicable rules of DSHS.

(o) Laws governing disciplinary action. Disciplinary action against a CRT, including the imposition of administrative penalties, is governed by the Administrative Procedures Act, Government Code, Chapter 2001, and applicable enforcement provisions of the Texas Chiropractic Act, Occupations Code, Chapter 201, including Subchapters K through M.