(a) Except as otherwise provided in this chapter, an individual must be certified or hold a temporary certificate as a radiologist assistant, medical radiologic technologist or limited radiologic technologist, or be placed by the board on the registry for non-certified technicians before the individual may perform a radiologic procedure.     
      (b) Types of Certificates. The board shall issue general certificates, limited certificates, temporary certificates (general or limited), or provisional certificates.     
      (c) General Requirements.      
        (1) Except as otherwise required in this section, an applicant for temporary or regular certification as an RA, MRT, or LMRT, or registration as an NCT must:                  (A) graduate from high school or its equivalent as determined by the Texas Education Agency;                   (B) attain at least 18 years of age;                   (C) submit an application on a form prescribed by the board;                   (D) pay the required application fee, as set forth under Chapter 175 of this title (relating to Fees and Penalties);                   (E) provide a complete and legible set of fingerprints, on a form prescribed by the board, to the board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation;                   (F) certify that the applicant is mentally and physically able to perform radiologic procedures;                   (G) not have a license, certification, or registration in this state or from any other licensing authority or certifying professional organization that is currently revoked or suspended;                   (H) not have proceedings that have been instituted against the applicant for the restriction, cancellation, suspension, or revocation of certificate, license, or authority to perform radiologic procedures in the state, a Canadian province, or the uniformed service of the United States in which it was issued;                   (I) not have pending any prosecution against applicant in any state, federal, or international court for any offense that under the laws of this state is a felony, or an offense that is a misdemeanor of moral turpitude;                   (J) be of good professional character as defined under §194.2 of this title (relating to Definitions);                   (K) submit to the board any other information the board considers necessary to evaluate the applicant's qualifications; and                   (L) meet any other requirement established by rules adopted by the board.         
        (2) The board retains the discretion to consider the nature of any final disciplinary action, other than suspension or revocation, when determining whether to issue the certificate or other authorization.       
      (d) Additional Requirements for Specific Certificate Types or Placement on the Board's Non-Certified Technician Registry.      
        (1) Radiologist Assistant Certificate. In addition to meeting requirements under subsection (c) of this section, an applicant must pass the jurisprudence examination in accordance with subsection (e) of this section, and meet the following requirements:                  (A) possess current national certification and registration as a radiologist assistant by ARRT;                   (B) possess current national certification as a radiology practitioner assistant by CBRPA; or                   (C) be currently licensed, certified, or registered as a radiologist assistant in another state, the District of Columbia, or a territory of the United States whose requirements are more stringent than or are substantially equivalent to the requirements for Texas radiologist assistant certification.         
        (2) General Medical Radiologic Technologist Certificate. In addition to meeting requirements under subsection (c) of this section, to qualify for a general certificate, an applicant must pass the jurisprudence examination in accordance with subsection (e) of this section, and meet at least one of the following requirements:                  (A) possession of current national certification as a registered technologist, radiographer, radiation therapist, or nuclear medicine technologist by ARRT;                   (B) successful completion of the ARRT's examination in radiography, radiation therapy, or nuclear medicine technology;                   (C) possession of current national certification as a nuclear medicine technologist by the NMTCB;                   (D) successful completion of the NMTCB's examination in nuclear medicine technology; or                   (E) current licensure, certification, or registration as a medical radiologic technologist in another state, the District of Columbia, or a territory of the United States whose requirements are more stringent than or are substantially equivalent to the requirements for Texas general certification.         
        (3) Limited Medical Radiologic Technologist Certificate. In addition to meeting requirements under subsection (c) of this section, to qualify for a limited certificate, an applicant must meet at least one of the following requirements:                  (A) the successful completion of a limited program as set out in §194.12 of this title (relating to Standards for the Approval of Certificate Program Curricula and Instructors) and the successful completion of the jurisprudence examination and appropriate limited examination in accordance with subsection (e) of this section;                   (B) current licensure, certification, or registration as an LMRT in another state, the District of Columbia, or a territory of the United States of America whose requirements are more stringent than or substantially equivalent to the requirements for Texas limited certification and successful completion of the jurisprudence examination in accordance with subsection (e) of this section; or                   (C) current general certification as an MRT issued by the board. The MRT must surrender the general certificate and submit a written request for a limited certificate indicating the limited categories requested.         
        (4) Temporary Radiologist Assistant Certificate.                  (A) The board may issue a temporary radiologist assistant certificate to an applicant who, in addition to meeting the requirements of subsection (c) of this section:                      (i) has successfully completed a course of study in an ARRT or CBRPA-recognized radiologist assistant program;                       (ii) is approved by ARRT or CBRPA as examination eligible;                       (iii) meets all the qualifications for a radiologist certificate and has signed an agreed order or remedial plan but is waiting for the next scheduled meeting of the board for the agreed order or remedial plan to be approved and the radiologist certificate to be issued; or                       (iv) has not on a full-time basis actively practiced as defined under subsection (i) of this section, but meets guidelines set by the board addressing factors that include, but are not limited to, length of time out of active practice and duration of temporary certificates. In order to be determined eligible for a temporary radiologist assistant certificate to remedy active practice issues, the applicant must:                          (I) be supervised by a radiologist (as defined under §194.2 of this title) who:                              (-a-) holds an active, unrestricted license in Texas;                               (-b-) has not been the subject of a disciplinary order, unless the order was administrative in nature; and                               (-c-) is not a relative or family member of the applicant; and                             (II) present written verification from the radiologist that he or she will:                              (-a-) provide on-site, continuous supervision of the applicant and provide reports of such supervision to the board according to rules adopted by the board; and                               (-b-) retain professional and legal responsibility for the care rendered by the applicant while practicing under the temporary certificate.                         (B) A temporary radiologist assistant certificate granted under this paragraph may be valid for not more than one year from the date issued. A temporary radiologist assistant certificate may be revoked at any time the board deems necessary.                   (C) An individual who practices after the expiration of the temporary certificate will be considered to be practicing without a certificate and may be subject to disciplinary action.         
        (5) Temporary General Medical Radiologic Technologist Certificate.                  (A) The board may issue a temporary general certificate to an applicant who, in addition to meeting the requirements of subsection (c) of this section:                      (i) has successfully completed a course of study in radiography, radiation therapy, or nuclear medicine technology which is accredited by an agency which is recognized by:                          (I) the Council for Higher Education Accreditation, including but not limited to: the Joint Committee on Education in Nuclear Medicine Technology (JRCNMT); or                           (II) the United States Secretary of Education, including, but not limited to: the Joint Review Committee on Education in Radiologic Technology (JRCERT), Accrediting Bureau of Health Education Schools, or the Southern Association of Colleges and Schools, Commission on Colleges;                         (ii) is approved by the ARRT as examination eligible;                       (iii) is approved by the NMTCB as examination eligible;                       (iv) has completed education, training and clinical experience which is substantially equivalent to that of an accredited educational program as listed in clause (i) of this subparagraph;                       (v) meets all the qualifications for a general certificate and has signed an agreed order or remedial plan but is waiting for the next scheduled meeting of the board for the agreed order or remedial plan to be approved and the general certificate to be issued; or                       (vi) has not on a full-time basis actively practiced as defined under subsection (i) of this section, but meets guidelines set by the board addressing factors that include, but are not limited to, length of time out of active practice and duration of temporary certificates. In order to be determined eligible for a temporary general certificate to remedy active practice issues, the applicant must:                          (I) be supervised by a general certificate holder or practitioner (as defined under §194.2 of this title) who:                              (-a-) holds an active, unrestricted license or certificate in Texas;                               (-b-) has not been the subject of a disciplinary order, unless the order was administrative in nature; and                               (-c-) is not a relative or family member of the applicant; and                             (II) present written verification from the general certificate holder or practitioner that he or she will:                              (-a-) provide on-site, continuous supervision of the applicant and provide reports of such supervision to the board according to rules adopted by the board; and                               (-b-) retain professional and legal responsibility for the care rendered by the applicant while practicing under the temporary certificate.                         (B) A temporary general certificate granted under this paragraph may be valid for not more than one year from the date issued. A temporary general certificate may be revoked at any time the board deems necessary.                   (C) An individual who practices after the expiration of the temporary certificate will be considered to be practicing without a certificate and may be subject to disciplinary action.         
        (6) Temporary Limited Medical Radiologic Technologist Certificate.                  (A) The board may issue a temporary limited certificate to an applicant who, in addition to meeting requirements under subsection (c) of this section:                      (i) has successfully completed a limited certificate program in the categories of skull, chest, spine, abdomen or extremities, approved in accordance with §194.12 of this title ;                       (ii) meets all the qualifications for a limited certificate and has signed an agreed order or remedial plan but is waiting for the next scheduled meeting of the board for the agreed order or remedial plan to be approved and the limited certificate to be issued; or                       (iii) has not on a full-time basis actively practiced as defined under subsection (i) of this section, but meets guidelines set by the board addressing factors that include, but are not limited to, length of time out of active practice and duration of temporary certificates. In order to be determined eligible for a temporary limited certificate to remedy active practice issues, the applicant must:                          (I) be supervised by a general certificate holder or practitioner ("practitioner" is defined under §194.2 of this title) who:                              (-a-) holds an active, unrestricted license or certificate in Texas;                               (-b-) has not been the subject of a disciplinary order, unless the order was administrative in nature; and                               (-c-) is not a relative or family member of the applicant; and                             (II) present written verification from the general certificate holder or practitioner that he or she will:                              (-a-) provide on-site, continuous supervision of the applicant and provide reports of such supervision to the board; and                               (-b-) retain professional and legal responsibility for the care rendered by the applicant while practicing under the temporary certificate.                        Cont'd...