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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 140HEALTH PROFESSIONS REGULATION
SUBCHAPTER JMEDICAL RADIOLOGIC TECHNOLOGISTS
RULE §140.510Certificate Issuance, Renewals, and Late Renewals

(a) Issuance of certificates.

  (1) The department shall send each applicant whose application has been approved a general, limited or provisional certificate with an expiration date and a certificate number. An identification card shall be included with the certificate.

  (2) The department shall replace a lost, damaged, or destroyed certificate or identification card(s) upon a written request and payment of the replacement fee. Requests shall include a statement detailing the loss or destruction of the original certificate and/or identification card(s), or be accompanied by the damaged certificate or card(s).

(b) Temporary certificates.

  (1) The department shall send each applicant whose application has been approved for the temporary certificate (general or limited) an appropriate temporary certificate which shall expire one year from the date of issue.

  (2) All temporary certificates are not subject to renewals or extensions for any reason. A person whose temporary certificate has expired is not eligible to reapply for another temporary certificate.

(c) Certificates. The initial general, limited certificate and NCT is valid from date of issuance through the medical radiologic technologist's (MRT's), limited medical radiologic technologist's (LMRT's) or Non-Certified Technician (NCT's) birth month.

(d) Certificate renewal. Each MRT, LMRT, or NCT shall renew the certificate biennially on or before the last day of the MRT's, LMRT's, or NCT's birth month.

  (1) Each MRT, LMRT, and NCT is responsible for renewing the certificate before the expiration date and shall not be excused from paying late fees. Failure to receive notification from the department prior to the expiration date will not excuse failure to file for renewal or late renewal.

  (2) At least 60 days prior to the expiration of an MRT's, LMRT's, or NCT's certificate, the department shall send notice to the MRT, LMRT or NCT at the address in the department's records at the time the notice is sent, of the expiration date of the certificate, the amount of renewal fee due, and a renewal form which the MRT, LMRT or NCT must complete and return to the department with the required renewal fee.

  (3) The renewal form shall require the provision of the MRT's, LMRT's or NCT's preferred mailing address, primary employment address and phone number, information regarding misdemeanor and felony convictions (if any since initial certification or last renewal), and continuing education completed in accordance with §140.511 of this title (relating to Continuing Education Requirements).

  (4) The MRT, LMRT, or NCT has renewed the certificate when the renewal form and required renewal fee are mailed on or before the expiration date of the certificate and received by the department. The postmarked date shall be considered the date of mailing. The processing times and procedures set out in §140.506(e) of this title (relating to Application Requirements and Procedures for Examination and Certification) shall apply to renewals.

  (5) The department is not responsible for lost, misdirected, or undelivered renewal application forms, fees, renewal certificates, or renewal identification cards.

  (6) The department shall issue renewal identification cards for the current renewal period to an MRT, LMRT or NCT who has met all the requirements in paragraph (4) of this subsection for renewal. The cards shall be sent to the preferred mailing address provided on the renewal application form. The renewal cards shall be issued for a two-year period.

  (7) The department shall deny renewal of a certificate if required by the Education Code, §57.491, concerning defaults on guaranteed student loans.

  (8) The department may not renew the certificate of an MRT, LMRT or NCT who is in violation of the Act or this chapter at the time of renewal.

(e) Renewal for retired medical radiologic technologists performing voluntary charity care.

  (1) A "retired medical radiologic technologist" is defined as a person who:

    (A) is above the age of 55;

    (B) is not employed for compensation in the practice of medical radiology; and

    (C) has notified the department in writing of his or her intention to retire and provide only voluntary charity care.

  (2) "Voluntary charity care" for the purposes of this subsection is defined as the practice of medical radiology by a retired medical radiologic technologist without compensation or expectation of compensation.

  (3) A retired medical radiologic technologist providing only voluntary charity care may renew his or her license by submitting a renewal form; the retired medical radiologic technologist renewal fee required by §140.504 of this title (relating to Fees); and the continuing education hours required by §140.511 of this title.

(f) Late renewals.

  (1) A person whose certificate has expired for not more than one year may renew the certificate by submitting to the department the completed renewal form, proof of the continuing education taken, and the late renewal fee. An active annual registration or credential card issued by the American Registry of Radiologic Technologists does constitute supporting documentation. A certificate issued under this subsection shall expire two years from the date the previous certificate expired.

    (A) If the certificate has been expired for 90 days or less, a person may renew the certificate by paying the one to 90-day late renewal fee.

    (B) If the certificate has been expired for over 90 days but not more than one year, a person may renew the certificate by paying the 91-day to one-year late renewal fee.

    (C) A person must comply with the continuing education requirements for renewal as set out in §140.511 of this title before the late renewal is effective.

  (2) The late renewal is effective if it is mailed to the department or personally delivered by the MRT, LMRT, or NCT or his/her agent to the department not more than one year after certificate expiration. If mailed, the postmark date shall be considered the date of mailing. A postage metered date is not considered as a postmark. A certificate not renewed within one year after expiration cannot be renewed.

  (3) A person whose certificate has expired may not administer a radiologic procedure during the one-year period in violation of the Act. A person may not use a title that implies certification while the certificate is expired.

  (4) A person whose certificate has been expired for more than one year may apply for another certificate by meeting the then-current requirements of the Act and this chapter which apply to all new applicants.

(g) Active duty. If an MRT, LMRT, or NCT is called to or on active duty with the armed forces of the United States and so long as the MRT, LMRT, or NCT does not administer a radiologic procedure in a setting outside of the active duty responsibilities during the time the MRT, LMRT, or NCT is on active duty, the MRT, LMRT, or NCT shall not be required to complete any continuing education activities during the renewal period in which the MRT, LMRT was on active duty.

  (1) Renewal of the certificate may be requested by the MRT, LMRT, or NCT a spouse, or an individual having power of attorney from the MRT, LMRT, or NCT. The renewal form shall include a current address and telephone number for the individual requesting the renewal.

  (2) A copy of the official orders or other official military documentation showing that the MRT, LMRT, or NCT was on active duty for any portion of the renewal period shall be filed with the department along with the renewal form.

  (3) An affidavit stating that the MRT or LMRT has not administered a radiologic procedure in a setting outside of the MRT or LMRT's active duty responsibilities during the time of active duty shall be filed with the department along with the renewal form. The affidavit may be executed by the MRT, LMRT, or NCT a spouse, or an individual having power of attorney from the MRT, LMRT, or NCT.

  (4) A certificate covered by this subsection may be renewed in accordance with subsection (e) of this section. The 60-day late fee shall be waived for a renewal under this subsection.

  (5) An MRT, LMRT, or NCT on active duty with the United States armed forces serving outside the State of Texas may request renewal of the certificate at any time before or after the expiration of the certificate. An MRT, LMRT, or NCT on active duty serving within the State of Texas may request renewal before the expiration of the certificate or under subsection (e) of this section. An MRT, LMRT, or NCT on active duty serving within the State of Texas who does not renew under subsection (e) of this section may file a complete application for another certificate in accordance with §140.507(h) of this title (relating to Types of Certificates and Applicant Eligibility).


Source Note: The provisions of this §140.510 adopted to be effective November 20, 2008, 33 TexReg 9250

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