(a) This section sets out persons who are exempt from the Texas Medical Physics Practice Act (Act) and persons who must be licensed under the Act.     
      (b) Except as specifically exempted by subsection (c) of this section, the provisions of the Act and this chapter apply to any person who engages in the practice of medical physics.     
      (c) The Act and this chapter do not apply to:      
        (1) practitioners in the performance of radiological procedures;       
        (2) a person practicing under the Medical Radiologic Technologist Certification Act (Texas Occupations Code, Chapter 601);       
        (3) persons who perform radiological procedures under a practitioner's instruction or supervision;       
        (4) persons performing beam calibration and characterization, quality assurance, instrument specification, acceptance testing, shielding design, or protection analysis on radiation-emitting equipment or radiopharmaceuticals for procedures not involved with the diagnosis or treatment of disease or other medical or dental conditions in humans; or       
        (5) a person employed by a federal or state regulatory agency who is performing duties within the scope of his or her employment.       
      (d) Activities that do not fall within the definition of medical physics are not governed by the Act or this chapter.     
     Source Note:        The provisions of this §160.5 adopted to be effective July 7, 2016, 41 TexReg 4819