| (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
(-b-) theft or loss of radiation machines, determining
the cause, and taking steps to prevent its recurrence;
(III) assuming control and having the authority to
institute corrective actions, including shutdown of operations when
necessary in emergencies or unsafe conditions;
(IV) making and maintaining records as required by
this section; and
(V) ensuring that personnel are adequately trained
and complying with this section, the conditions of the certificate
of registration, and the operating and safety procedures of the registrant.
(F) At any time after the filing of the original application,
the agency may require additional information to determine whether
the certificate of registration is 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 dental 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 prescribed 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. The form can be found at http://dshs.texas.gov/radiation/x-ray/medical-faq.aspx.
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 or the office of
the county clerk in the county where the business is located.
(J) An application for use of a dental radiation machine
shall be signed by a licensed dentist. The signature of the administrator,
president, or chief executive officer will be accepted in lieu of
a licensed dentist's signature if the facility has more than one licensed
dentist who may direct the operation of radiation machines. The application
shall also be signed by the radiation safety officer.
(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 subsection (k)(1)(J) and (K) of this section.
(2) Application for registration of mobile service
operation used in dentistry. 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 location during exposures. If a mobile
van is used with a fixed radiation machine 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 patients, operators, employees, and the 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 the proposed activity 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 records 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.
Cont'd... |
