1. (a) A hospital, federally qualified health center (FQHC) as defined by 42 U.S.C. §1396d, or practitioner may qualify for a hardship exemption from employing an MRT, LMRT, or NCT for the following reason(s):

   1. (1) inability to attract or retain a MRT, LMRT, or NCT when the practitioner's practice, FQHC, or hospital is located in a county with a population of less than 50,000;
   2. (2) the practitioner's practice, FQHC, or hospital is more than 200 highway miles from the nearest approved school of medical radiologic technology;
   3. (3) the approved school(s) of medical radiologic technology has a waiting list of school applicants due to a lack of faculty or space for a training program;
   4. (4) the practitioner's, FQHC's, or hospital's need exceeds the number of graduates from the nearest approved school(s) of medical radiologic technology; or
   5. (5) emergency conditions have occurred during the 90 days immediately prior to making application for the hardship exemption.

2. (b) To obtain a hardship exemption, the hospital, FQHC, or practitioner must submit the following, in addition to meeting the requirements of §601.203 of the Act:

   1. (1) completed board approved application form notating the basis for the hardship;
   2. (2) payment of the required $30.00 fee and additional fees and surcharges as applicable;
   3. (3) DPS/FBI fingerprint report for individuals who will perform the radiologic procedures; and
   4. (4) any other information deemed necessary to process an application.
3. (c) If granted, a hardship exemption is valid for one year and must be reapplied for annually.
4. (d) No more than seven individuals will be allowed to perform radiologic procedures under the hardship exemption, if granted.

Source Note:The provisions of this §186.40 adopted to be effective January 9, 2025, 50 TexReg 394.