Section 601.16 - Violations, Complaints, and Subsequent Actions(a) Content. This section establishes standards relating to: (1) offenses which are a Class A misdemeanor under the Act;(2) violations which result in disciplinary actions;(3) procedures for filing complaints alleging violations of the Act or this chapter;(4) the board's investigation of complaints; and(5) the board's actions when violations have occurred.(b) Types of offenses. A person commits a Class A misdemeanor if the person intentionally or knowingly: (1) practices medical physics in violation of the Act; or(2) uses in any manner letters, terminology, symbols, or signs to indicate or imply that the person is qualified or licensed to practice medical physics in a manner for which the person is not licensed under the Act.(c) Disciplinary action. The board may refuse to issue or renew a license, may suspend, suspend on an emergency basis or revoke a license, may reprimand a licensee, or may place a licensee on probation for any of the following:(1) obtaining or renewing a license by means of fraud, misrepresentation, or concealment of material facts;(2) having made application for or held a license issued by the licensing authority of another state, territory, or jurisdiction that was denied, suspended, or revoked by that licensing authority;(3) engaging in unprofessional conduct that endangered or is likely to endanger the health, safety, or welfare of the public as described in § 601.14 of this title (relating to Code of Ethics);(4) violating the Act, a lawful order or rule of the board, or the board's code of ethics; or(5) being convicted of a felony or misdemeanor as described in § 601.15 of this title (relating to Criminal Backgrounds).(d) Filing of complaints. (1) Anyone may complain to the board alleging that a person or licensee has violated the Act or this chapter.(2) A person wishing to complain against a medical physicist or other person shall notify the executive secretary and shall submit the complaint in writing.(3) Anonymous complaints may be accepted if sufficient information for investigation is submitted.(e) Investigation of complaints. (1) The executive secretary or the board's designee shall request a response from the licensee or person against whom a complaint has been filed.(2) A committee of the board shall be appointed to work with the executive secretary in reviewing and resolving complaints. The executive secretary shall keep the committee informed in a timely manner as to the status of the complaint.(3) If the committee determines that there may be sufficient grounds to support the complaint, the committee may request that the matters in question be investigated by the department.(4) If the committee determines that there are insufficient grounds to support the complaint or that further action is not warranted, the committee shall dismiss the complaint and give written notice of the dismissal to the licensee or person against whom the complaint has been filed and to the complainant.(5) At least once each quarter, the board shall notify the complainant of the status of his or her complaint until the complaint is finally resolved or closed.(6) If after investigation a complaint is not dismissed by the committee of the board, the committee may recommend that the license be revoked, suspended, or denied or that the licensee be reprimanded or placed on probation or that other appropriate action as authorized by law be taken by the board.(7) If a complaint is investigated, the investigator shall always attempt to contact the complainant to discuss the complaint.(f) Reprimand, suspension, revocation, denial, probation, or administrative penalty, or emergency suspension. (1) A reprimand is a written notice from the board to the licensee stating that the licensee has violated the Act or this chapter. A reprimand shall include a request that the licensee stop the violation immediately.(2) If the board suspends a license, the suspension shall remain in effect for the period of time stated in the order or until the board determines that the reason for the suspension no longer exists.(3) If a suspension overlaps a license renewal date, the suspended licensee shall comply with the renewal procedures in this chapter; however, the suspension shall remain in effect pursuant to paragraph (2) of this subsection.(4) Upon revocation, suspension, or nonrenewal of a license, a licensee shall return his or her license certificate and all existing renewal certificates to the board.(5) If an administrative penalty is imposed the amount of the penalty may not exceed $500 for each violation, and each day a violation continues or occurs is a separate violation for imposing a penalty. The total amount of the penalty assessed for a violation continuing or occurring on separate days may not exceed $2,500.(g) Prior to the institution of formal proceedings to deny a renewal, revoke, or suspend a license, or impose an administrative penalty, the executive secretary shall give written notice to the licensee by personal service or certified mail, return receipt requested, of the facts or conduct alleged to warrant denial, revocation, or suspension and the licensee shall be given the opportunity, as described in the notice, to show compliance with all requirements of the Act and this chapter.(h) If denial, revocation, or suspension of a license or reprimand or probation of a licensee or an administrative penalty is proposed, the board office shall give written notice by certified mail, return receipt requested; regular mail; or personal delivery of the basis for the proposal and that the licensee or applicant must request, in writing, a formal hearing within 30 days of receipt of the notice, or the right to a hearing shall be waived and the proposed action shall be taken by the board.(i) Receipt of a notice under subsection (g) or (h) of this section is presumed to occur on the 10th day after the notice is mailed to the last address known to the board unless another date is reflected on a United States Postal Service return receipt.22 Tex. Admin. Code § 601.16
The provisions of this §601.16 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