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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 140HEALTH PROFESSIONS REGULATION
SUBCHAPTER JMEDICAL RADIOLOGIC TECHNOLOGISTS
RULE §140.505Applicability of Subchapter; Exemptions

(a) Except as specifically exempted by subsections (b) and (c) of this section, the provisions of the Act and this subchapter apply to any person representing that he or she performs radiologic procedures.

(b) This subchapter does not prohibit the performance of a radiologic procedure by the following:

  (1) a person who is a practitioner and performs the procedure in the course and scope of the profession for which that person holds the license; or

  (2) a person who performs a radiologic procedure involving a dental x-ray machine, including panarex or other equipment designed and manufactured only for use in dental radiography and under the instruction or direction of a dentist, if the person and the dentist are in compliance with rules adopted under the Act, §601.251 and §601.252 by the Texas State Board of Dental Examiners.

(c) This subchapter does not prohibit the performance of a radiologic procedure which has not been identified as dangerous or hazardous under §140.516 of this title (relating to Dangerous or Hazardous Procedures) by the following:

  (1) a person who has successfully completed a training program for non-certified technicians (NCT), in accordance with §140.518 of this title (relating to Mandatory Training Programs for Non-Certified Technicians), §140.521 of this title (relating to Bone Densitometry Training) and who performs the procedure under the instruction or direction of a practitioner if the person and the practitioner are in compliance with rules adopted under the Act, §§601.251 - 601.253, by the Texas Board of Chiropractic Examiners, Texas Medical Board, Texas Board of Nursing or Texas State Board of Podiatric Medical Examiners;

  (2) a person who has successfully completed a training program for NCTs, in accordance with §140.518 of this title and who performs the procedure in a hospital that participates in the federal Medicare program or is accredited by the Joint Commission on Accreditation of Healthcare Organizations;

  (3) students of medicine, osteopathic medicine, podiatry or chiropractic when under instruction or direction of a practitioner and if the student and the practitioner are in compliance with paragraph (1) of this subsection;

  (4) a person who performs only in-vitro clinical or laboratory testing procedures as described in the Texas Regulations for the Control of Radiation;

  (5) a student enrolled in a radiologic technology program which meets the requirements of §140.509 of this title (relating to Standards for the Approval of Curricula and Instructors) or §140.518 of this title, who is performing radiologic procedures in an academic or clinical setting as part of the program; or

  (6) a person who performs radiologic procedures for a period of not more than ten days, while enrolled in and as a part of continuing education activities which meet the minimum standards set out in §140.511 of this title (relating to Continuing Education Requirements) and who is licensed or otherwise registered as a medical radiologic technologist in or by another state, District of Columbia, a territory of the United States, the American Registry of Radiologic Technologists (ARRT), the Nuclear Medicine Technology Certification Board (NMTCB), the Board of Registry of the American Society of Clinical Pathologists, the Canadian Association of Medical Radiologic Technologists, the British Society of Radiographers, the Australian Institute of Radiography, or the Society of Radiographers of South Africa; or

  (7) a person who performs the procedure in a hospital, federally qualified health center (FQHC), or for a practitioner, if a hardship exemption was granted to the hospital, FQHC or practitioner by the department during the previous 12-month period under §140.520 of this title (relating to Hardship Exemptions).


Source Note: The provisions of this §140.505 adopted to be effective November 20, 2008, 33 TexReg 9250

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