Texas Attorney General Opinion: JM-1066 Page: 2 of 9
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Dr. Robert Bernstein - Page 2 (JM-1066)
practitioner and performs the procedure in
the course and scope of the profession for
which the person holds the license.
(c) A person is not required to hold a
certificate issued under this Act to perform
radiologic procedures if the person performs
the procedures under the instruction or
direction of a practitioner if the person and
the practitioner are in compliance with rules
adopted under Section 2.08 of this Act.
(d) A person who performs a radiologic
procedure in a hospital that participates in
the federal Medicare program or that is
accredited by the Joint Commission on
Accreditation of Hospitals and who has
received appropriate instruction and training
in the use and operation of diagnostic
radiologic equipment consistent with either
the federal Medicare standards for certi-
fication of hospitals or the accreditation
standards of the Joint Commission on
Accreditation of Hospitals may perform
radiologic procedures without a certificate
issued under this Act. A hospital. that
instructs and trains a person in the per-
formance of radiologic procedures shall
develop a protocol for the instruction and
Section 2.08 provides:
(a) This section applies to the Texas
State Board of Medical Examiners, the Texas
Board of Chiropractic Examiners, the Texas
State Board of Dental Examiners, the Texas
State Board of Podiatry Examiners, and the
Board of Nurse Examiners.
(b) Each agency, other than the Board of
Nurse Examiners, subject to this section
shall adopt rules in accordance with the
Administrative Procedure and Texas Register
Act (Article 6252-13a, Vernon's Texas Civil
Statutes) to regulate the manner in which a
licensee of the agency may order, instruct,
or direct another person in the performance
of radiologic procedures.
(c) Rules adopted under this section
(1) require a person, other than a
registered nurse, who is not certified under
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1066, text, 1989; (texashistory.unt.edu/ark:/67531/metapth273504/m1/2/: accessed November 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.