Radiologists, radiologist assistants, and medical radiological technologists provide invaluable and necessary services to people in different medical facilities throughout Texas. You strive daily to provide your patients with the radiological services they need. However, with any licensed occupation comes the potential for complaints that may lead to disciplinary action against your license. If you receive notice of a complaint against you, taking steps to defend yourself with the help of a radiology license defense lawyer is the best practice.
The Texas Medical Board and Radiology Medical Professionals
The Texas Medical Board (TMB) regulates and governs the practice and conduct of various medical professionals involved in radiology. These professionals include:
- Radiologists, or physicians who specialize or are certified in radiology
- Radiologist Assistants (RAs), or advanced-level medical radiologist technicians who are certified either as Registered Radiologist Assistants or Radiology Practitioner Assistants
- Medical Radiologic Technologists (MRTS), or certified persons who administer radiation to others for medical purposes under the supervision of practitioners
The TMB receives and investigates complaints against all radiology professionals named above. If the TMB finds that a professional has violated a law or rule that pertains to them, the agency can take disciplinary action against that professional. Disciplinary action can result in sanctions against professional licenses and certifications and the assessment of administrative penalties.
Law and Rules Applicable to Radiology Professionals
While radiologists are physicians subject to the same professional rules and laws as other types of physicians, other radiology professionals who are not doctors are subject to different rules and laws.
RAs and MRTs are subject to the same disciplinary guidelines concerning unprofessional conduct as radiologists, as outlined in 22 Tex. Admin. Code § 190. However, 22 Tex. Admin Code § 194.22 further defines unprofessional conduct for RAs and MRTs as including the following actions:
- making any misleading, deceptive, or false representations in connection with services rendered;
- committing an illegal act connected to the practice of radiologic technology;
- performing a radiologic procedure on a patient or client not authorized by a practitioner;
- aiding or abetting a person in violating the Act or rules;
- engaging in any practice or omission that fails to conform to accepted principles and standards of the profession;
- performing or attempting to perform radiologic procedures or medical procedures which relate to or are necessary for the performance of a radiologic procedure in which the person is not trained or supervised;
- performing a radiologic procedure that is not within the scope of a certificate or other authorization to perform radiologic procedures;
- failing to adequately supervise a person in the performance of radiologic procedures;
- engaging in, providing, or making false or misleading information or representations, including but not limited to:
- impersonating or acting as a proxy for an examination candidate for any examination required for certification or continuing education
- concerning services rendered or status of certification or registration, including those that are conferred by certification bodies or by another country, state, territory, or the District of Columbia;
- offering to provide education or training relating to radiologic technology;
- obtaining, attempting to obtain, or assisting another to obtain certification or placement on the registry by bribery or fraud, or allowing another individual to use the certificate or permit holder’s name, certificate, or other professional credentials;
- failing to cooperate with the board or interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts to the board or its authorized representative or by use of threats or harassment against any person;
- defaulting on child support payments, a Texas Guaranteed Student Loan Corporation guaranteed student loan, or a non-TGSLC-guaranteed student loan;
- knowingly concealing information relating to the enforcement of the Act or this chapter; or
- engaging in sexual contact or sexually inappropriate behavior or comments directed toward or with a patient, or behaving in an abusive or assaultive, disruptive manner towards a patient or the patient’s family or representatives or medical personnel that interferes with patient care or could be reasonably expected to adversely impact the quality of care rendered to a patient.
Sanctions for Violations of Laws or Rules by RAs or MRTs
The TMB can assess administrative penalties under Tex. Occ. Code § 601.351 against RAs and MRTs who violate applicable rules or laws. 22 Tex. Admin. Code § 194.24 provides that an administrative penalty may not exceed $1,000 per day. However, each day a violation occurs or continues is a separate violation that may merit a separate administrative penalty.
RAs and MRTs also may face sanctions, depending on the severity of their violations. Like other medical professionals, they can face restrictions on their practice, placement on probation, and suspension or revocation of their licenses or certificates.
22 Tex. Admin Code § 194.22 sets forth the criteria that the TMB must consider in deciding the level of sanction that a violation merits. These criteria include:
- the severity of the offense;
- the danger to the public;
- the number of repetitions of offenses;
- the length of time since the date of the violation;
- the number and type of previous disciplinary cases filed against the person or program;
- the length of time the person has performed radiologic procedures;
- the length of time the education program has been approved;
- the actual damage, physical or otherwise, to the patient or student, if applicable;
- the deterrent effect of the penalty imposed;
- the effect of the penalty upon the livelihood of the person or program;
- any efforts for rehabilitation; and
- any other mitigating or aggravating circumstances.
Click to contact our professional license defense lawyers today
Get Help Defending Your Radiologist License Today
A disciplinary complaint can significantly affect your career and your ability to support yourself. Disciplinary action against you may result in the suspension or revocation of your license. However, you may avoid these damaging consequences with the right type of defense from the outset of your case. Contact the experienced medical radiological technologist license defense attorneys at Bertolino LLP, so that we can begin investigating your case. You can call our office at (512) 515-9518 or visit us online to get more information about the services we can offer you.
Call or text (512) 476-5757 or complete a Case Evaluation form
