| (A) state of technology;
(B) economic considerations in relation to benefits
to the public health and safety; and
(C) other societal, socioeconomic, or public health
and safety considerations.
(2) Electronic equipment that produces radiation incidental
to its operation for other purposes is exempt from the registration
and notification requirements of this section, if the dose equivalent
rate averaged over an area of 10 square centimeters does not exceed
0.5 millirem (5 microsieverts) per hour at 5 centimeters from any
accessible surface of such equipment. The production, testing, or
factory servicing of such equipment shall not be exempt.
(3) 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.
(4) 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. Before
resuming use of the radiation machine for human use, the radiation
machine shall meet all requirements of this section.
(5) 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.
(6) A person who takes possession of a radiation machine
as the result of foreclosure, bankruptcy, or other default of payment
may possess the radiation machine without registering it. If the radiation
machine is energized, it shall be in accordance with this chapter.
(7) No individual monitoring shall be required for
personnel operating only dental radiation machines for dental diagnostic
purposes.
(8) Portable radiation machines designed to be hand-held
are exempt from the requirements of subsections (c)(4) and (j)(5)(C)
of this section. The portable radiation machines shall be held according
to manufacturer's specifications.
(9) Individuals who are sole practitioners and sole
operators, and the only occupationally exposed individual are exempt
from the following requirements:
(A) operating and safety procedures specified in subsection
(j)(2) of this section;
(B) instruction to workers specified in subsection
(j)(3)(D) of this section; and
(C) posting of notices to workers specified in subsection
(j)(4)(B) and (C) of this section.
(10) In accordance with Texas Occupations Code, §258.054,
dental practices are exempt from the Medical Physics Practice Act,
Texas Occupations Code, Chapter 602. Registrants required to have
EPE tests performed in accordance with subsection (j)(5)(J) of this
section may select any qualified person authorized by registration
through the Department of State Health Services, Radiation Control.
(f) Communications.
(1) Except where otherwise specified, all communications
and reports concerning this chapter and applications filed under the
communications and reports should be mailed by postal service to Radiation
Control, Department of State Health Services, P.O. Box 149347, MC
2003, Austin, Texas, 78714-9347. Communications, reports, and applications
may be delivered in person to the agency's office located at 8407
Wall Street, Austin, Texas, 78754.
(2) Documents received by the agency will be deemed
to have been received on the date of the postmark, facsimile, or other
electronic media transmission.
(g) Interpretations. Except as specifically authorized
by the agency in writing, no interpretation of the meaning of this
chapter by any officer or employee of the agency other than a written
legal interpretation by the agency, will be considered binding upon
the agency.
(h) Fees for certificates of registration for dental
facilities.
(1) Payment of fees.
(A) Each application for a certificate of registration
shall be accompanied by a nonrefundable fee specified in §289.204
of this title, as amended. No application will be accepted for filing
or processed before payment of the full amount specified.
(B) A nonrefundable fee specified in §289.204
of this title, as amended, shall be paid for each certificate of registration
for radiation machines used in dentistry. The fee shall be paid every
two years and shall be paid in full and on or before the due date
stated on the invoice.
(i) For each additional use location where radiation
machines or services are authorized under the same registration, there
will be an additional charge of 30% of the applicable fee.
(ii) In the case of a single certificate of registration
that authorizes more than one category of radiation machine use, the
category listed in §289.204 of this title that is assigned the
higher fee will be used.
(C) Each application for reciprocal recognition of
an out-of-state registration in accordance with subsection (i)(8)
of this section shall be accompanied by the non-refundable fee specified
in §289.204 of this title, as amended, provided that no such
fee has been submitted within 24 months of the date of commencement
of the proposed activity.
(D) Fee payments shall be in cash or by check or money
order made payable to the Department of State Health Services. The
payments may be made by personal delivery to the central office, Radiation
Control, Department of State Health Services, 1100 West 49th Street,
Austin, Texas, 78756-3199 or mailed to Radiation Control, Department
of State Health Services, P.O. Box 149347, MC 2003, Austin, Texas,
78714-9347.
(2) Failure to pay prescribed fees.
(A) In any case where the agency finds that an applicant
for a certificate of registration has failed to pay the non-refundable
fee prescribed in §289.204 of this title, as amended, the agency
will not process that application until such fee is paid.
(B) In any case where the agency finds that a registrant
has failed to pay a fee prescribed by §289.204 of this title,
as amended, by the due date, the agency may implement compliance procedures
as provided in subsection (l)(3)(C) of this section.
(3) Electronic fee payments. Renewal payments may be
processed through www.texas.gov or another electronic payment system
specified by the agency. For all types of electronic fee payments,
the agency will collect additional fees, in amounts determined by
www.texas.gov to recover costs associated with electronic payment
processing.
(i) Registration of radiation machine use.
(1) Application for registration of radiation machines.
(A) 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 radiation machine use locations, a separate application
shall be completed for each use location under the registration.
(B) Each person having a radiation machine used in
dentistry shall apply for registration with the agency within 30 days
after beginning use of the radiation machine, except for mobile services
that shall be registered in accordance with paragraph (2) of this
subsection and clinical trial evaluations that shall be registered
in accordance with paragraph (5)(K) of this subsection.
(C) If the application is incomplete 60 days after
submission, the agency may abandon the application and return the
original application. The applicant will cease use of all radiation
machines once the application has been abandoned.
(D) The applicant shall ensure that radiation machines
will be operated by individuals qualified by reason of training and
experience to use the radiation machines for the purpose requested
in accordance with this section in such a manner as to minimize danger
to occupational and public health and safety.
(E) A radiation safety officer shall be designated
on each application form. The qualifications of that individual shall
be submitted to the agency with the application. The radiation safety
officer shall meet the applicable qualifications of clause (i) of
this subparagraph and carry out the responsibilities specified in
clause (v) of this subparagraph.
(i) The radiation safety officer shall have the following
qualifications:
(I) knowledge of potential hazards and emergency precautions;
and
(II) educational courses completed that relate to ionizing
radiation safety or a radiation safety officer course; or
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