Section 601.15 - Criminal Backgrounds(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.22 Tex. Admin. Code § 601.15
The provisions of this §601.15 adopted to be effective December 15, 1992, 17 TexReg 8440; amended to be effective June 22, 1994, 19 TexReg 4419; amended to be effective June 27, 1995, 20 TexReg 4344; amended to be effective August 5, 2001, 26 TexReg 5808; amended to be effective January 2, 2008, 32 TexReg 10003; amended to be effective August 30, 2012, 37 TexReg 6594