Current through Reg. 49, No. 38; September 20, 2024
(a) This
section establishes guidelines and criteria on the eligibility of a person with
a criminal background to obtain licensure as a medical physicist.
(b) Criminal convictions which directly
relate to the profession of medical physics shall be considered as follows.
(1) The board may suspend or revoke any
existing license, disqualify a person from receiving any license, reprimand a
licensee, or place a licensee on probation because of a person's conviction of
a felony or misdemeanor if the crime:
(A)
directly relates to the duties and responsibilities of a licensed medical
physicist; or
(B) involves moral
turpitude.
(2) In
considering whether a criminal conviction directly relates to the profession of
medical physics the board shall consider:
(A)
the nature and seriousness of the crime;
(B) the relationship of the crime to the
purposes of licensure as a medical physicist;
(C) the extent to which any license might
offer an opportunity to engage in further criminal activity of the same type as
that in which the person previously had been involved; and
(D) the relationship of the crime to the
ability, capacity, or fitness required to perform the duties and discharge the
responsibility of a medical physicist. In making this determination, the board
shall apply the criteria outlined in Texas Occupations Code, Chapter
53.
(c) The
following felonies and misdemeanors directly relate to a license of a medical
physicist because these criminal offenses indicate an inability or a tendency
to be unable to properly engage in the practice of medical physics:
(1) a conviction under the Texas Medical
Physics Practice Act (Act), § 602.302;
(2) a conviction involving moral turpitude as
defined by statute or common law;
(3) a conviction relating to deceptive
business practices;
(4) a
conviction relating to practicing another health care related profession
without a license, certificate, or other approval required by state or federal
law;
(5) a conviction relating to
controlled substances, dangerous drugs, other illegal substances, or
alcohol;
(6) a conviction under the
Atomic Energy Act of 1954;
(7) a
conviction under the Texas Radiation Control Act, Health and Safety Code,
Chapter 40l;
(8) a conviction for
assault;
(9) an offense under
various titles of the Texas Penal Code:
(A)
offenses against the person (Title 5);
(B) offenses against property (Title
7);
(C) offenses against public
order and decency (Title 9);
(D)
offenses against public health, safety, and morals (Title 10);
(E) offenses of attempting or conspiring to
commit any of the offenses in this subsection (Title 4);
(F) insurance claim fraud under the Penal
Code, § 32.55; and
(10) other misdemeanors and felonies which
indicate an inability or a tendency for the person to be unable to properly
engage in the practice of medical physics. Other misdemeanors or felonies shall
be considered in order to promote the intent of the Act, this chapter, and
Texas Occupations Code, Chapter 53.
(d) The executive secretary shall give
written notice to the person that the board intends to deny, suspend, or revoke
the license or reprimand or place on probation the licensee after hearing in
accordance with the provisions of the Administrative Procedure Act, Texas
Government Code, Chapter 2001.
(e)
If the board takes action under this section, the executive secretary shall
give the person written notice:
(1) of the
reasons for the decision;
(2) that
the person, after exhausting administrative appeals, may file an action in a
district court of Travis County for review of the evidence presented to the
board and its decision;
(3) that
the person must begin the judicial review by filing a petition with the court
within 30 days after the board's action is final and appealable; and
(4) of the earliest date that the person may
appeal.
