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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER EREGISTRATION REGULATIONS
RULE §289.226Registration of Radiation Machine Use and Services

(a) Purpose.

  (1) This section provides for the registration of persons using radiation machines and persons who are in the business of providing radiation machine services.

  (2) A person who receives, possesses, uses, owns, or acquires radiation machines prior to receiving a certificate of registration is subject to the requirements of this chapter.

(b) Scope.

  (1) In addition to the requirements of this section, all registrants are subject to the requirements of §289.203 of this title (relating to Notices, Instructions, and Reports to Workers; Inspections), §289.204 of this title (relating to Fees for Certificates of Registration, Radioactive Material Licenses, Emergency Planning and Implementation, and Other Regulatory Services), §289.205 of this title (relating to Hearing and Enforcement Procedures), and §289.231 of this title (relating to General Provisions and Standards for Protection Against Machine-Produced Radiation).

  (2) Registrants using radiation machines in the healing arts are also subject to the requirements of §289.227 of this title (relating to Use of Radiation Machines in the Healing Arts). Morgues, educational facilities, and forensic medicine or investigations utilizing radiation machines for non-human use are subject to the specific requirements of §289.227 of this title.

  (3) Registrants using analytical and other industrial radiation machines, such as x-ray equipment used for cathodoluminescence, ion implantation, gauging, or electron beam welding, are subject to the requirements of §289.228 of this title (relating to Radiation Safety Requirements for Industrial Radiation Machines).

  (4) Registrants using accelerators, therapeutic radiation machines, simulators, and electronic brachytherapy devices are also subject to the requirements of §289.229 of this title (relating to Radiation Safety Requirements for Accelerators, Therapeutic Radiation Machines, Simulators, and Electronic Brachytherapy Devices).

  (5) Registrants using mammography radiation machines are also subject to the requirements of §289.230 of this title (relating to Certification of Mammography Systems and Mammography Machines Used for Interventional Breast Radiography) and §289.234 of this title (relating to Mammography Accreditation).

  (6) Registrants using radiation machines in industrial radiographic operations are also subject to the requirements of §289.255 of this title (relating to Radiation Safety Requirements and Licensing and Registration Procedures for Industrial Radiography).

  (7) Registrants using dental radiation machines are subject to the requirements of §289.232 of this title (relating to Radiation Control Regulations for Dental Radiation Machines).

  (8) Registrants using radiation machines in veterinary medicine are subject to the requirements of §289.233 of this title (relating to Radiation Control Regulations for Radiation Machines Used in Veterinary Medicine).

  (9) Registrants using laser radiation machines or performing laser services are subject to the requirements of §289.301 of this title (relating to Registration and Radiation Safety Requirements for Lasers and Intense-Pulsed Light Devices) or the requirements of §289.302 of this title (relating to Registration and Radiation Safety Requirements for Use of Laser Hair Removal Devices).

  (10) To determine compliance with the requirements in this chapter for radiation machines used on humans, all radiation exposure rate (air kerma rate) or dose measurements for fluoroscopy or computed tomography radiation machines shall be performed by a licensed physicist with a specialty in diagnostic medical physics.

  (11) For purposes of this section, radiation services include but are not limited to:

    (A) radiation machines that are not for human use, performance of exposure rate (air kerma rate) or dose measurements;

    (B) radiation machines for human use, collecting entrance exposure (air kerma) data for general radiographic and special purpose radiation machines, as defined in §289.227(e) of this title, by or under the supervision of a licensed medical physicist;

    (C) radiation machines for human use, performance of services specified in paragraph (10) of this subsection or services requiring a licensed medical physicist as specified in §289.227(e) and §289.229 of this title;

    (D) presentation of agency-accepted training courses that are specifically required by this chapter;

    (E) demonstration and sale of radiation machines that require the individual to operate or cause a radiation machine to be operated in order to demonstrate or sell;

    (F) assembly, installation or repair to ensure a radiation machine is operating according to manufacturer's specifications;

    (G) completion of equipment performance evaluations (EPE) on dental radiation machines and on machines used in veterinary medicine; and

    (H) providing radiation machines to a facility for limited time periods.

  (12) For purposes of this section, a person providing the services described in paragraph (11)(H) of this subsection is a provider of equipment.

  (13) For purposes of this section, a practitioner of the healing arts is a person licensed to practice healing arts by either the Texas Medical Board as a physician, the Texas Board of Chiropractic Examiners, or the Texas State Board of Podiatric Medical Examiners.

  (14) For purposes of this section, a physician is an individual licensed by the Texas Medical Board.

  (15) For purposes of this section, a certified physician is a physician licensed by the Texas Medical Board and certified in radiation oncology or therapeutic radiology.

  (16) This section does not apply to an entity under the jurisdiction of the federal government.

(c) Prohibitions.

  (1) No person shall expose an individual to radiation for training, demonstration, or other non-healing arts purposes.

  (2) No person shall use radiation machines or perform radiation machine services except as authorized in a certificate of registration issued by the agency in accordance with the requirements of this section.

(d) Exemptions.

  (1) Electronic equipment that produces radiation incidental to its operation for other purposes is exempt from the registration and notification requirements of this section, provided that the dose equivalent rate averaged over an area of 10 square centimeters (cm2 ) does not exceed 0.5 millirem per hour (mrem/hr) (0.005 mSv per hour (mSv/hr)) at 5 centimeters (cm) from any accessible surface of such equipment. The production, testing, or factory servicing of such equipment shall not be exempt.

  (2) Radiation machines in transit or in storage incident to transit are exempt from the requirements of this section. This exemption does not apply to the providers of radiation machines for mobile services.

  (3) Facilities that have placed all radiation machines in storage, including on-site storage secured from unauthorized use or removal, and have notified the agency in writing, are exempt from the requirements of this section. This exemption is void if any radiation machine is energized resulting in the production of radiation. Prior to resuming use of the machine(s) for human use, the machine shall meet all requirements of this section.

  (4) Inoperable radiation machines are exempt from the requirements of this section. For the purposes of this section, an inoperable radiation machine means a radiation machine that cannot be energized when connected to a power supply without repair or modification.

  (5) Domestic television receivers, video display terminals, transmission microscopes, and electron microscopes, including the servicing of such devices, are exempt from the requirements of this section.

  (6) A person that takes possession of a radiation machine as the result of foreclosure, bankruptcy, or other default of payment may possess the machine without registering it. If the machine is energized, it shall be under the supervision of a person registered in accordance with this section and shall be energized only to demonstrate that the machine is operable for sale, lease, or transfer purposes.

  (7) Facilities, including academic institutions and research or development facilities, registered for the use of radiation machines are exempt from the registration requirements of subsection (j) of this section, regarding radiation services, to the extent that their personnel perform radiation services only for the registrant by whom they are employed.

(e) General requirements for application for registration.

  (1) Application for registration shall be completed on forms prescribed by the agency and shall contain all the information required by the form and accompanying instructions. For initial registrations with multiple use locations, a separate application RC Form 226-2 shall be completed for each use location under the registration.

  (2) A radiation safety officer (RSO) shall be designated on each application form. The qualifications of that individual shall be submitted to the agency with the application. The RSO shall meet the applicable qualifications specified in paragraph (3) of this subsection and carry out the responsibilities of subsection (n) of this section.

  (3) Qualifications for RSOs for registrants (except for industrial radiography).

    (A) All RSOs and laser safety officers shall meet the following general qualifications in addition to qualifications in specific categories:

      (i) knowledge of potential radiation hazards and emergency precautions; and

      (ii) completed educational courses related to ionizing radiation safety or a radiation safety officer course; or

      (iii) experience in the use and familiarity of the type of equipment used.

    (B) Specific qualifications for RSOs by facility are as follows.

      (i) Healing arts facilities shall have:

        (I) a practitioner RSO with documentation of licensing board number; or

        (II) a non-practitioner RSO with at least one of the following:

          (-a-) evidence of a valid general certificate issued under the Medical Radiologic Technologist Certification Act, Texas Occupations Code, Chapter 601, and at least 2 years of supervised experience and/or supervised use of radiation machines;

          (-b-) evidence of a valid limited certificate issued under the Medical Radiologic Technologist Certification Act, Texas Occupations Code, Chapter 601, and at least 4 years of supervised experience and/or supervised use of radiation machines;

          (-c-) evidence of registry by the American Registry of Radiologic Technologists (ARRT) or the American Registry of Clinical Radiologic Technologists (ARCRT) and at least 2 years of supervised experience and/or supervised use of radiation machines;

          (-d-) evidence of associate degree in radiologic technology, health physics, or nuclear technology, and at least 2 years of supervised experience and/or supervised use of radiation machines;

          (-e-) evidence of registration with the Texas Board of Nursing as a Registered Nurse and at least 2 years of supervised experience and/or supervised use of radiation machines in the respective specialty;

          (-f-) evidence of registration with the Texas Physician Assistant Board, and at least 2 years of supervised use of radiation machines in the respective specialty;

          (-g-) for radiation therapy facilities, evidence of registry by the ARRT or ARCRT and at least 4 years of supervised experience and/or supervised use of radiation therapy machines;

          (-h-) evidence of bachelor's (or higher) degree in radiologic technology, health physics, or nuclear technology and at least 2 years of supervised experience and/or supervised use of radiation machines; or

          (-i-) evidence of a current Texas license under the Medical Physics Practice Act, Texas Occupations Code, Chapter 602, in one or more of the following appropriate specialties:

            (-1-) medical health physics, diagnostic medical physics, or nuclear medical physics for diagnostic x-ray facilities; or

            (-2-) medical health physics or therapeutic medical physics for radiation therapy facilities.

      (ii) Academic institutions and/or research and development facilities shall have RSOs who are faculty or staff members in radiation protection, radiation engineering, or related disciplines. This individual may also serve as the RSO over the healing arts section of the facility.

      (iii) Industrial radiography operations shall have a RSO who meets the requirements of §289.255(e)(4)(B) of this title.

    (C) The RSO identified on a certificate of registration issued before September 1, 1993, need not comply with the training requirements in this subsection.

Cont'd...

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