| (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.
(A) A certificate of registration will be approved
if the agency determines that an application meets the requirements
of the Act and the requirements of this chapter. The certificate of
registration authorizes proposed activities and contains the conditions
and limitations as the agency deems appropriate or necessary.
(B) The agency may incorporate in the certificate of
registration at the time of issuance, or thereafter by amendment,
additional requirements and conditions concerning the registrant's
possession, use, and transfer of radiation machines subject to this
chapter as it deems appropriate or necessary in order to:
(i) minimize danger to occupational and public health
and safety;
(ii) require additional reports and the keeping of
additional records as may be appropriate or necessary; and
(iii) prevent loss or theft of radiation machines subject
to this chapter.
(C) The agency may request, and the registrant shall
provide, additional information after the certificate of registration
has been issued to enable the agency to determine whether the certificate
of registration should be modified in accordance with paragraph (7)
of this subsection.
(4) Terms and conditions of certificates of registration.
(A) Each certificate of registration issued in accordance
with this section shall be subject to the applicable provisions of
the Act, now or hereafter in effect, and to the applicable requirements
of this chapter and orders of the agency.
(B) No certificate of registration issued or granted
under this section shall be transferred, assigned, or in any manner
disposed of, either voluntarily or involuntarily, to any person unless
the agency authorizes the transfer in writing.
(C) Each person registered by the agency for radiation
machine use in accordance with this section shall confine use and
possession of the radiation machine registered to the locations and
purposes authorized in the certificate of registration.
(D) In making a determination whether to grant, deny,
amend, renew, revoke, suspend, or restrict a certificate of registration,
the agency may consider the technical competence and compliance history
of an applicant or holder of a certificate of registration. After
an opportunity for a hearing, the agency shall deny an application
for a certificate of registration, an amendment to a certificate of
registration, or renewal of a certificate of registration if the applicant's
compliance history reveals that at least three agency actions have
been issued against the applicant, within the previous six years,
that assess administrative or civil penalties against the applicant,
or that revoke or suspend the certificate of registration.
(5) Responsibilities of the registrant.
(A) The registrant is responsible for complying with
this section and the conditions of the certificate of registration.
(B) The registrant shall designate an individual qualified
in accordance with subsection (i)(1)(E) of this section as the RSO
and shall ensure the individual continually performs the responsibilities
of the RSO as identified in subsection (i)(1)(E)(iv) of this section.
(C) Persons using radiation machines in accordance
with subsection (i)(2) of this section, concerning application for
mobile services, shall have a valid certificate of registration issued
by the agency before initiation of the mobile services.
(D) No person shall use a radiation machine unless
the person has applied for registration within 30 days after beginning
use of the radiation machine in accordance with subsection (i)(1)(A)
of this section.
(E) No registrant shall engage any person for services
described in §289.226(b)(11) of this title until such person
provides to the registrant evidence of registration with the agency.
(F) No person shall provide radiation machine services
for a person who cannot produce evidence of a completed application
for registration or a valid certificate of registration issued by
the agency except for:
(i) the initial installation of the first radiation
machine for a new certificate of registration; or
(ii) the registrant authorized for demonstration and
sale may demonstrate a radiation machine in accordance with subparagraph
(K) of this paragraph.
(G) The registrant shall notify the agency in writing
of any changes that would render the information contained in the
application for registration or the certificate of registration inaccurate.
The notification shall be in writing and signed by an authorized representative.
Notification is required within 30 days of the following changes:
(i) name of business;
(ii) mailing address;
(iii) street address where radiation machine will be
used;
(iv) additional radiation machine site/location;
(v) RSO;
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