(a) General. This section sets out the minimum standards for board approval of mandatory non-certified technician training programs, as required by the Act, §601.201, which are intended to train individuals to perform radiologic procedures which have not been identified as dangerous or hazardous. Non-certified technicians are distinct from individuals performing a radiologic procedure under hardship exemption granted under §194.16 of this chapter (relating to Hardship Exemptions).
(b) Training Requirements. In order to successfully complete a program, each student must complete the following minimum training:
  (1) courses which are fundamental to diagnostic radiologic procedures:
    (A) radiation safety and protection for the patient, self and others--22 classroom hours;
    (B) image production and evaluation--24 classroom hours; and
    (C) radiographic equipment maintenance and operation--16 classroom hours which includes at least 6 hours of quality control, darkroom, processing, and Texas Regulations for Control of Radiation; and
  (2) one or more of the following units of applied human anatomy and radiologic procedures of the:
    (A) skull (5 views: Caldwell, Townes, Waters, AP/PA, and lateral)--10 classroom hours;
    (B) chest--8 classroom hours;
    (C) spine--8 classroom hours;
    (D) abdomen, not including any procedures utilizing contrast media--4 classroom hours;
    (E) upper extremities--14 classroom hours;
    (F) lower extremities--14 classroom hours; and/or
    (G) podiatric--5 classroom hours.
  (3) Live, In-Person Instructor Direction Required. All hours of the training program completed for the purposes of this section must be live, in-person, and directed by an approved instructor. No credit will be given for training completed by self-directed study, remote learning, or correspondence.
(c) Application Procedures and Eligibility Requirements for Training Programs. An application shall be submitted to the board at least 30 days prior to the starting date of the training program.
  (1) Application shall be made by the program director on official forms available from the board.
  (2) The application must be notarized and shall be accompanied by the following items:
    (A) the application fee, in accordance with Chapter 175 of this title (relating to Fees and Penalties); and
    (B) an agreement to allow the board to conduct an administrative audit of the program to determine compliance with this section.
(d) Training Program Application Materials. The application shall include, at a minimum:
  (1) the beginning date and the anticipated length of the training program;
  (2) the number of programs which will be conducted concurrently and whether programs will be conducted consecutively;
  (3) the number of students anticipated in each program;
  (4) the daily hours of operation;
  (5) the location, mailing address, phone and facsimile numbers of the program;
  (6) the name of the training program director;
  (7) a list of the names of the approved instructors and the topics each will teach;
  (8) clearly defined and written policies regarding the criteria for admission, discharge, readmission and completion of the program;
  (9) evidence of a structured pre-planned learning experience with specific outcomes;
  (10) a letter or other documentation from the Texas Workforce Commission, Career Schools and Colleges Section indicating that the proposed training program has complied with or has been granted exempt status under Texas Education Code, Chapter 132. If approval has been granted by the Texas Higher Education Coordinating Board, a letter or other documentation is not necessary; and
  (11) specific written agreements to:
    (A) provide the training as set out in subsection (b) of this section and provide not more than 75 students per instructor in the classroom;
    (B) advise students that they are prohibited from performing radiologic procedures which have been identified as dangerous or hazardous in accordance with §194.17 of this chapter (relating to Dangerous or Hazardous Procedures) unless they become an LMRT, MRT or a practitioner;
    (C) use written and oral examinations to periodically measure student progress;
    (D) keep an accurate record of each student's attendance and participation in the program, accurate evaluation instruments and grades for not less than five years. Such records shall be made available upon request by the board or any governmental agency having authority;
    (E) issue to each student who successfully completes the program a certificate or written statement including the name of the student, name of the program, dates of attendance and the types of radiologic procedures covered in the program completed by the student;
    (F) retain an accurate copy for not less than five years and submit an accurate copy of the document described in subparagraph (E) of this paragraph to the board within 30 days of the issuance of the document to the student; and
    (G) permit site inspections by employees or representatives of the board to determine compliance with this section.
(e) Application Procedures and Eligibility Requirements for Instructors.
  (1) Except as otherwise provided, all persons who will provide instruction and training in an approved program under this section must obtain approval by the board prior to initiating instruction or training.
  (2) To obtain board approval, all individual(s) must at a minimum:
    (A) submit an application on a form prescribed by the board;
    (B) pay the required application fee, as set forth under Chapter 175 of this title;
    (C) successfully complete an education program in accordance with §194.12 of this chapter and not less than six months classroom or clinical experience teaching the subjects assigned; and
    (D) have at least one or more of the following qualifications:
      (i) be a currently certified MRT who is also currently credentialed as a radiographer by the American Registry of Radiologic Technologists (ARRT);
      (ii) be a currently certified LMRT (excluding a temporary certificate) whose limited certificate category(ies) matches the category(ies) of instruction and training; and/or
      (iii) be a practitioner who is in good standing with all appropriate regulatory agencies, and is not the subject of any disciplinary order; and
    (E) submit to the board any other information the board considers necessary to evaluate the applicant's qualifications.
(f) Procedure for Approval or Denial.
  (1) Review by the Executive Director.
    (A) The executive director or designee shall review applications for approval and may determine whether an applying program or instructor is eligible for approval, or refer an application to the Education Committee of the board for review.
    (B) If the executive director or designee determines that the applying program or instructor clearly meets all approval requirements, the executive director or designee may approve the applicant, to be effective on the date issued without formal board approval.
    (C) If the executive director determines that the applying program or instructor does not clearly meet all approval requirements prescribed by the Act and this chapter, approval may be issued only upon action by the board following a recommendation by the Education Committee. The Education Committee may recommend to grant or deny the approval request.
  (2) Reconsideration of Denials.
    (A) Determinations to deny approval of a program or instructor may be reconsidered by the Education Committee or the board based on additional information concerning the applying program or instructor and upon a showing of good cause for reconsideration.
    (B) A decision to reconsider a denial determination shall be a discretionary decision by the Education Committee, based on consideration of the additional information. Requests for reconsideration shall be made in writing by the applying program director or instructor.
(g) Renewal.
  (1) Training Program.
    (A) The training program director shall be responsible for renewing the approval of the training program.
    (B) The program director must apply for renewal of program approval every three years by submitting the required form and documents and by paying the required renewal fee to the board on or before the expiration date of the approval.
Cont'd...
(C) Failure to submit the renewal form and renewal fee will result in the expiration of the training program's approval. In the case that the approval is expired, to obtain a new approval, the training program must reapply and meet all requirements for approval under this section.
    (D) A training program which does not renew the approval shall cease representing the program as an approved training program. The program director shall notify currently enrolled students that the training program is no longer approved under this section. The notification shall be in writing and must be issued within ten days of the expiration of the approval.
  (2) Instructor.
    (A) The instructor must apply for renewal of approval every three years by submitting the required form and documents and by paying the required renewal fee to the board on or before the expiration date of the approval.
    (B) Failure to submit the renewal form and renewal fee will result in the expiration of the instructor's approval. In the case that the approval is expired, to obtain a new approval, the instructor must reapply to meet all requirements for approval under this section.
    (C) The instructor who does not renew the approval shall cease representing that he or she is approved by the board to provide instruction in a non-certified technician training program in Texas.
(h) Grounds for Denial or Withdrawal of Approval.
  (1) Failure of the applying or approved instructor or training program to comply with the provisions of this chapter or the Act may be grounds for denial or withdrawal of the approval of the instructor or the training program.
  (2) An approved instructor who holds a limited certificate may not teach, train, or provide clinical instruction in a portion of a training program that is different from the limited scope of certification that is listed on the permit. Providing instruction that exceeds the instructor's limited scope of practice is grounds for denial or withdrawal of approval.
  (3) In the event that the board receives complaints against an approved instructor or program, such information shall be referred to the board's investigation department.
  (4) Any material misrepresentation of fact by a program or instructor in any information required to be submitted to the board is grounds for denial or withdrawal of approval.
  (5) The board may deny or withdraw its approval of a program or instructor after giving the program or instructor written notice setting forth its reasons for denial or withdrawal and after giving the program or instructor a reasonable opportunity to be heard by the Education Committee of the board.
(i) Change of Program Address. The program director shall report within 30 days after the event any change of address for the physical location of the program.

Source Note: The provisions of this §194.13 adopted to be effective April 3, 2017, 42 TexReg 1763; amended to be effective April 17, 2019, 44 TexReg 1859