Current through Reg. 49, No. 38; September 20, 2024
(a) The Board may
suspend or revoke a license, disqualify a person from receiving a license, or
deny to a person the opportunity to take a licensing examination on the grounds
that the person has been convicted, suspended or revoked a license, disqualify
a person from receiving a license, or deny to a person the opportunity to take
a licensing examination on the grounds that the person has been convicted of:
(1) an offense that directly relates to the
duties and responsibilities of the licensed occupation;
(2) an offense that does not directly relate
to the duties and responsibilities of the licensed occupation and that was
committed less than five years before the date the person applies for the
license;
(3) an offense listed in
Section 3g, Article 42.12, Code of Criminal Procedure; or
(4) a sexually violent offense, as defined by
Article 62.001, Code of Criminal Procedure;
(5) This subsection does not apply to a
person who has been convicted only of an offense punishable as a Class C
misdemeanor.
(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 as defined in
§
190.8(6)(B)(v)
of this title (relating to Violation Guidelines).
(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 401;
(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 board shall be revoke a license
holder's license upon the license holder's imprisonment following a felony
conviction, felony community supervision revocation, revocation of parole, or
revocation of mandatory supervision.
