(a) A retired holder of a certificate or NCT General Registration permit by the board whose only practice is the provision of voluntary charity care shall be exempt from the registration fee.     
      (b) As used in this section:      
        (1) "voluntary charity care" means medical care provided for no compensation to:                  (A) indigent populations;                   (B) in medically underserved areas; or                   (C) for a disaster relief organization.         
        (2) "compensation" means direct or indirect payment of anything of monetary value, except payment or reimbursement of reasonable, necessary, and actual travel and related expenses.       
      (c) To qualify for and obtain such an exemption, a certificate or permit holder must truthfully certify under oath, on a form approved by the board that the following information is correct:      
        (1) the certificate or permit holder's practice of medical radiologic technology does not include the provision of services for either direct or indirect compensation which has monetary value of any kind;       
        (2) the certificate or permit holder's practice of medical radiologic technology is limited to voluntary charity care for which he or she receives no direct or indirect compensation of any kind for services rendered; and       
        (3) the certificate or permit holder's practice of medical radiologic technology does not include the provision of services to members of the certificate holder's family.       
      (d) A retired certificate or permit holder who qualifies for and obtains an exemption from the registration fee authorized under this section shall obtain and report continuing education as required under the Act and §194.7 of this chapter (relating to Biennial Renewal of Certificate or Placement on the Board's General Registry for Non-Certified Technicians Generally).     
      (e) A retired certificate or permit holder who has obtained an exemption from the registration fee as provided for under this section, may be subject to disciplinary action under the Act, §601.302, based on unprofessional or dishonorable conduct likely to deceive, defraud, or injure the public if the certificate or permit holder engages in activities requiring a certificate or other required authorization.     
      (f) A retired or permit certificate holder who attempts to obtain an exemption from the registration fee under this section by submitting false or misleading statements to the board shall be subject to disciplinary action pursuant to the Act §601.302, in addition to any civil or criminal actions provided for by state or federal law.     
      (g) A certificate or permit holder may return to active status by:      
        (1) applying to the board;       
        (2) paying an application fee equal to an application fee for a certificate or permit holder;       
        (3) complying with the requirements for certificate or permit renewal under the Act;       
        (4) providing current verifications from each state in which the certificate or permit holds a license, certificate, permit, or registration, as applicable;       
        (5) providing current verifications of certification by ARRT or NMTCB, as applicable;       
        (6) submitting professional evaluations from each employment held after the license was placed on retired status; and       
        (7) complying with subsection (h) of this section.       
      (h) Licensure Committee or Executive Director Recommendations.      
        (1) The request of a certificate or permit holder seeking a return to active status whose certificate or permit has been placed on official retired status for two years or longer shall be submitted to the Licensure Committee of the board for consideration and a recommendation to the full board for approval or denial of the request. After consideration of the request and the recommendation of the Licensure Committee, the Licensure Committee shall make a recommendation to the full board for approval or denial. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request subject to such conditions which the board determines are necessary to adequately protect the public including, but not limited to the following terms:                  (A) completion of specified continuing education hours directly or indirectly related to the disciplines of radiologic technology and offered by an institution accredited by a regional accrediting organization such as SACS, or by JRCERT, JRCNMT, JTCCVT, CCE, ABHES, or ASRT;                   (B) current certification by ARRT or NMTCB, as applicable;                   (C) limitation and/or exclusion of the practice of the applicant to specified activities of the practice;                   (D) remedial education; and                   (E) such other remedial or restrictive conditions or requirements which, in the discretion of the board are necessary to ensure protection of the public and minimal competency of the applicant to safely practice.         
        (2) The request of a certificate or permit holder seeking a return to active status whose certificate has been placed on official retired status for less than two years may be approved by the executive director of the Medical board or submitted by the executive director to the Licensure Committee of the board, for consideration and a recommendation to the full board for approval or denial of the request. In those instances in which the executive director submits the request to the Licensure Committee of the board, the Licensure Committee shall make a recommendation to the full board for approval or denial. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request subject to such conditions which the board determines are necessary to adequately protect the public including, but not limited to those options provided in paragraph (1)(A) - (E) of this subsection.       
      (i) In evaluating a request to return to active status, the Licensure Committee or the full board may require a personal appearance by the certificate holder at the offices of the board, and may also require a physical or mental examination by one or more physicians or other health care providers approved in advance in writing by the executive director, the secretary, the Licensure Committee, or other designee(s) determined by majority vote of the board.     
     Source Note:        The provisions of this §194.11 adopted to be effective April 3, 2017, 42 TexReg 1763