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RULE §140.513Certifying Persons with Criminal Backgrounds

(a) This section sets out the guidelines and criteria for the eligibility of persons with criminal backgrounds to obtain certification as a medical radiology technologist, limited medical radiologic technologist or non-certified technician.

  (1) The department may suspend or revoke any existing certificate, disqualify a person from receiving any certificate, or deny to a person the opportunity to be examined for a certificate if the person is convicted of, enters a plea of nolo contendere or guilty to a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a MRT, LMRT or NCT.

  (2) In considering whether a pleading of nolo contendere or a criminal conviction directly relates to the occupation of an MRT, LMRT, or NCT the department shall consider:

    (A) the nature and seriousness of the crime;

    (B) the relationship of the crime to the purposes for certification;

    (C) the extent to which a certification might offer an opportunity to engage in further criminal activity of the same type as that which the person previously has been involved;

  (3) The following felonies and misdemeanors apply to any certificate because these criminal offenses indicate an inability or a tendency to be unable to perform as an MRT, LMRT, or NCT:

    (A) the misdemeanor of knowingly or intentionally acting as an MRT, LMRT, or NCT without a certificate under the Medical Radiologic Technologist Certification Act (the Act);

    (B) any misdemeanor and/or felony offense defined as a crime of moral turpitude by statute or common law;

    (C) a misdemeanor or felony offense involving:

      (i) forgery;

      (ii) tampering with a governmental record;

      (iii) delivery, possession, manufacturing, or use of controlled substances and dangerous drugs;

    (D) a misdemeanor or felony offense under various titles of the Texas Penal Code:

      (i) Title 5 concerning offenses against the person;

      (ii) Title 7 concerning offenses against property;

      (iii) Title 9 concerning offenses against public order and decency;

      (iv) Title 10 concerning offenses against public health, safety, and morals; and

      (v) Title 4 concerning offenses of attempting or conspiring to commit any of the offenses in this subsection;

    (E) the extent to which any certificate 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

    (F) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibility of an MRT, NCT or LMRT. In making this determination, the department will apply the criteria outlined in Texas Occupations Code, Chapter 53, the legal authority for the provisions of this section.

  (4) The misdemeanors and felonies listed in paragraph (3) of this subsection are not inclusive in that the department may consider other particular crimes in special cases in order to promote the intent of the Act and these sections.

(b) Procedures for revoking, suspending, or denying a certificate or temporary certificate to persons with criminal backgrounds.

  (1) The administrator shall give written notice to the person that the department intends to deny, suspend, or revoke the certificate or temporary certificate after hearing in accordance with the provisions of the Administrative Procedure Act, the Government Code, Chapter 2001, and the formal hearing procedures in §§1.21, 1.23, 1.25 and 1.27 of this title.

  (2) If the department denies, suspends, or revokes a certificate or temporary certificate under these sections after hearing, the administrator shall give the person written notice:

    (A) of the reasons for the decision;

    (B) 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 department and its decision; and

    (C) that the person must begin the judicial review by filing a petition with the court within 30 days after the department's action is final and appealable.

Source Note: The provisions of this §140.513 adopted to be effective November 20, 2008, 33 TexReg 9250

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