| (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, 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 that 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 under the supervision of a person
registered in accordance with this section and shall be energized
in accordance with this chapter and shall be energized only to demonstrate
that the radiation machine is operable for sale, lease, or transfer
purposes.
(7) Portable radiation machines designed to be hand-held
are exempt from the requirements of subsection (i)(5)(I) of this section.
The portable radiation machines shall be held according to manufacturer's
specifications.
(8) Individuals who are sole veterinarians, 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) instructions to workers specified in subsection
(j)(3)(G) of this section; and
(C) posting of notices to workers specified in subsection
(j)(4)(B) of this section.
(f) Communications.
(1) Except where otherwise specified, all communications
and reports concerning this chapter and applications filed under the
communications and reports should be faxed, emailed, or 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, fax, 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 veterinary
facilities.
(1) Payment of fees.
(A) Each application for a certificate of registration
for radiation machines used in veterinary medicine 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 in veterinary medicine.
(C) Each application for reciprocal recognition of
an out-of-state registration shall be accompanied by the nonrefundable
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.
(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 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 in §289.204 of this title,
as amended, by the due date, the agency may implement compliance procedures
as provided in §289.205 of this title, as amended.
(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) Requirements for application for registration of
radiation machines used for veterinary medicine.
(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 radiation machine location under the registration.
(B) Each person having a radiation machine used in
veterinary medicine 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.
(C) If the application is incomplete 60 days after
submission, the agency may abandon the application and return the
original application. The applicant shall 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 machine 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) An 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 of clause (i) of this subparagraph and carry out the
duties specified in clause (iv) of this subparagraph.
(i) The RSO shall have the following qualifications:
(I) knowledge of potential 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 radiation machine used.
(ii) In addition to the qualifications in clause (i)
of this subparagraph, documentation of the following shall be submitted
to the agency:
(I) for a veterinarian RSO, the veterinary license
board number;
(II) for a non-veterinarian RSO, at least two years
of supervised experience in the use of veterinary radiation machines
under the supervision of a licensed veterinarian.
(iii) Academic institutions and 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 veterinary section of the facility.
(iv) Specific duties of the RSO include the following:
(I) establishing and overseeing operating and safety
procedures that maintain radiation exposures ALARA, and reviewing
the procedures at intervals not to exceed 12 months to ensure that
the procedures are current and conform with this section;
(II) ensuring that individual monitoring devices:
(-a-) are properly used by occupationally exposed personnel;
(-b-) that records are kept of the monitoring results;
and
(-c-) that timely notifications are made as required
by subsections (j)(4)(B) and (C) and (k)(3)(B) - (D) of this section;
(III) investigating and reporting to the agency:
(-a-) each known or suspected case of radiation exposure
to an individual or radiation level detected in excess of limits established
by this section; and
(-b-) each theft or loss of radiation machines, determining
the cause, and taking steps to prevent its recurrence;
(IV) having a thorough knowledge of management policies
and administrative procedures of the registrant and keeping management
informed on a periodic basis of the performance of the registrant's
radiation protection program, if applicable.
(V) assuming control and having the authority to institute
corrective actions, including shutdown of operations when necessary
in emergency situations or unsafe conditions;
(VI) making and maintaining records as required by
this section; and
Cont'd... |
