| (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
(III) experience in the use and familiarity of the
type of radiation machine used; and
(ii) In addition to the qualifications in clause (i)
of this subparagraph, documentation of the following shall be submitted
to the agency:
(I) for dentist radiation safety officers, a dental
licensing board number and their signature on the application;
(II) for a practitioner radiation safety officer, documentation
of a licensing board number; or
(III) for non-practitioner radiation safety officers,
any 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 two years of supervised
experience or supervised use of radiation machines;
(-b-) evidence of a valid limited general certificate
issued under the Medical Radiologic Technologist Certification Act,
Texas Occupations Code, Chapter 601, and at least four years of supervised
experience or supervised use of radiation machines;
(-c-) evidence of registry by the American Registry
of Radiologic Technologists and at least two years of supervised experience
or supervised use of radiation machines;
(-d-) evidence of associate degree in radiologic technology,
health physics, or nuclear technology, and at least two years of supervised
experience or supervised use of radiation machines;
(-e-) evidence of registration with the Texas Board
of Nursing as a Registered Nurse and at least two years of supervised
experience or supervised use of radiation machines in the respective
specialty;
(-f-) evidence of registration with the Texas Physician
Assistant Board, and at least two years of supervised use of radiation
machines in the respective specialty;
(-g-) evidence of:
(-1-) registration with the Texas State Board of Dental
Examiners to perform radiologic procedures under a dentist's instruction
and direction or evidence of a valid certificate as a registered dental
hygienist; and
(-2-) at least four years of supervised use of radiation
machines in the respective dentist's specialty;
(-h-) evidence of bachelor's (or higher) degree in
a natural or physical science, health physics, radiological science,
nuclear medicine, or nuclear engineering; or
(-i-) evidence of a current Texas license under the
Medical Physics Practice Act, Texas Occupations Code, Chapter 602,
in medical health physics, diagnostic medical physics, or nuclear
medical physics for diagnostic x-ray facilities.
(iii) Academic institutions and research and development
facilities shall have radiation safety officers who are faculty or
staff members in radiation protection, radiation engineering, or related
disciplines. (This individual may also serve as the radiation safety
officer over the dental section of the facility.)
(iv) The radiation safety officer identified on a certificate
of registration for use of dental radiation machines issued before
September 1, 1993, need not comply with the qualification requirements
in this subsection.
(v) Specific duties of the radiation safety officer
include, but are not limited to, the following:
(I) establishing and overseeing operating and safety
procedures that maintain radiation exposures as low as reasonably
achievable, and reviewing the procedures at intervals not to exceed
12 months to ensure that the procedures are current and conform with
this section;
(II) investigating and reporting to the agency each:
(-a-) known or suspected case of radiation exposure
to an individual or radiation level detected in excess of limits established
by this section; and
Cont'd... |
