(a) Except as specifically exempted by subsections (b) and (c) of this section, the provisions of the Act and this chapter apply to any person representing that he or she performs radiologic procedures.
(b) This chapter does not prohibit the performance of a radiologic procedure by the following:
  (1) a person who is a practitioner and performs the procedure in the course and scope of the profession for which that person holds the license; or
  (2) a person who performs a radiologic procedure involving a dental x-ray machine, including panarex or other equipment designed and manufactured only for use in dental radiography and under the instruction or direction of a dentist, if the person and the dentist are in compliance with rules adopted under §601.251 and §601.252 of the Act, by the Texas State Board of Dental Examiners.
(c) This chapter does not prohibit the performance of a radiologic procedure which has not been identified as dangerous or hazardous under §194.17 of this chapter (relating to Dangerous or Hazardous Procedures) by the following:
  (1) a person who has successfully completed a training program for non-certified technicians (NCT), in accordance with §194.13 of this chapter (relating to Mandatory Training Programs for Non-Certified Technicians) and §194.15 of this chapter (relating to Bone Densitometry Training) and who performs the procedure under the instruction or direction of a practitioner if the person and the practitioner are in compliance with rules adopted under the Act, §§601.251 - 601.254, by the Texas Board of Chiropractic Examiners, Texas Medical Board, Texas Physician Assistants Board, Texas Board of Nursing or Texas State Board of Podiatric Medical Examiners;
  (2) a person who has successfully completed a training program for NCTs, in accordance with §194.13 of this chapter and who performs the procedure in a hospital that participates in the federal Medicare program or is accredited by the Joint Commission;
  (3) students of medicine, osteopathic medicine, podiatry or chiropractic when under instruction or direction of a practitioner and if the student and the practitioner are in compliance with paragraph (1) of this subsection;
  (4) a person who performs only in-vitro clinical or laboratory testing procedures as described in the Texas Regulations for the Control of Radiation;
  (5) a student enrolled in a radiologic technology program which meets the requirements of §194.12 of this chapter (relating to Standards for the Approval of Certificate Program Curricula and Instructors) or §194.13 of this chapter, who is performing radiologic procedures in an academic or clinical setting as part of the program; or
  (6) a person who performs radiologic procedures for a period of not more than ten days, while enrolled in and as a part of continuing education activities which meet the minimum standards set out in §194.7 of this chapter (relating to Biennial Renewal of Certificate or Placement on the Board's General Registry for Non-Certified Technicians Generally) and who is licensed or otherwise registered as a medical radiologic technologist in or by another state, District of Columbia, a territory of the United States, ARRT, NMTCB, the Board of Registry of the American Society of Clinical Pathologists, the Canadian Association of Medical Radiologic Technologists, the British Society of Radiographers, the Australian Institute of Radiography, or the Society of Radiographers of South Africa; or
  (7) a person who performs the procedure in a hospital, federally qualified health center (FQHC), or for a practitioner, if a hardship exemption was granted to the hospital, FQHC or practitioner by the department during the previous 12-month period under §194.16 of this chapter (relating to Hardship Exemptions).

Source Note: The provisions of this §194.5 adopted to be effective April 3, 2017, 42 TexReg 1763; amended to be effective March 27, 2018, 43 TexReg 1867