| (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
(VII) ensuring that personnel are adequately trained,
complying with this section, the conditions of the certificate of
registration, the operating and safety procedures of the registrant,
and records maintained in accordance with subsection (k)(2) of this
section.
(F) The agency may, at any time after the filing of
the original application, require further statements in order to enable
the agency to determine whether the certificate of registration should
be issued or denied.
(G) An application for a certificate of registration
may include a request for a certificate of registration authorizing
one or more activities or radiation machine use locations. If an application
includes a request for an additional authorization other than use
of a veterinary radiation machine, compliance with other applicable
sections of this chapter will be required.
(H) Each application for a certificate of registration
shall be accompanied by the 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.
(I) Each application shall be accompanied by a completed
RC Form 226-1, Business Information Form that shall contain the legal
name of the entity or business. Unless exempt in accordance with the
Business and Commerce Code, Chapter 71, the applicant shall:
(i) be authorized to conduct business in the State
of Texas as listed on the Texas Secretary of State (SOS) website;
and
(ii) file an assumed name certificate with the Texas
SOS if using an assumed name in their application.
(J) An application for use of radiation machines for
veterinary medicine shall be signed by a licensed veterinarian. The
application shall also be signed by the RSO if the RSO is someone
other than the veterinarian.
(K) Applications and documents submitted to the agency
may be made available for public inspection except that the agency
may withhold any document or part thereof from public inspection in
accordance with §289.231(aa) of this title.
(L) The applicant's proposed radiation machines, facilities,
and operating and safety procedures shall be adequate to minimize
danger to occupational and public health and safety.
(M) Each person possessing a therapeutic radiation
machine capable of operating at or above 1 million electron volts
(1 MeV) shall apply for and receive a certificate of registration
from the agency before using the accelerator for veterinary use. A
person may energize the accelerator for purposes of installation and
acceptance testing before receiving a certificate of registration
from the agency.
(N) Each person possessing a simulator or a therapeutic
radiation machine capable of operating below 1 MeV shall apply for
a certificate of registration within 30 days after energizing the
radiation machine.
(2) Application for registration of mobile service
operation used in veterinary medicine. In addition to the requirements
of paragraph (1) of this subsection, each applicant shall apply for
and receive authorization from the agency for mobile service operation
before beginning mobile service operation. The following shall be
submitted:
(A) An established main location where the radiation
machines and related compliance documents and records will be maintained
for inspection. This shall be a street address, not a post office
box number.
(B) A sketch or description of the normal configuration
of each radiation machine's use, including the operator's position
and any ancillary personnel's position during exposures. If a mobile
van is used with a fixed unit inside, furnish the floor plan indicating
protective shielding and the operator's position.
(C) A current copy of the applicant's operating and
safety procedures regarding radiological practices for protection
of operators, employees, and the general public.
(3) Issuance of certificate of registration.
Cont'd... |
