| (D) Except in cases in which the occupational and public
health or safety requires otherwise, no certificate of registration
shall be suspended or revoked unless, before the institution of proceedings
therefore, facts or conduct that may warrant such action shall have
been called to the attention of the registrant in writing and the
registrant shall have been afforded an opportunity to demonstrate
compliance with all lawful requirements.
(8) Reciprocal recognition of out-of-state certificates
of registration.
(A) Whenever any radiation machine is to be brought
into the State of Texas for any temporary use, the person proposing
to bring the radiation machine into the state shall apply for and
receive a notice from the agency granting reciprocal recognition before
beginning operations. The request for reciprocity shall include the
following:
(i) completed RC Form 226-1 (Business Information Form);
(ii) completed RC Form 252-3 (Notice of Intent to Work
in Texas Under Reciprocity);
(iii) name and Texas licensing board number of the
dentist if the radiation machines are used on humans;
(iv) copy of the applicant's current state certificate
of registration or equivalent document;
(v) copy of the applicant's current operating and safety
procedures pertinent to the proposed use;
(vi) fee as specified in subsection (h)(1) of this
section; and
(vii) qualifications of personnel who will be operating
the radiation machines.
(B) Upon a determination that the request for reciprocity
meets the requirements of the agency, the agency may issue a notice
granting reciprocal recognition authorizing the proposed radiation
machine use.
(C) Once reciprocity is granted, the out-of-state registrant
shall file a RC Form 252-3 with the agency before each entry into
the state. This form shall be filed at least three working days before
the radiation machine is used in the state. At determination of the
agency, the out-of-state registrant may, for a specific case, obtain
permission to proceed sooner if the three-day period would impose
an undue hardship.
(D) When radiation machines are used as authorized
under reciprocity, the out-of-state registrant shall have the following
in its possession at all times for inspection by the agency:
(i) completed RC Form 252-3;
(ii) copy of the notice from the agency granting reciprocity;
(iii) copy of the out-of-state registrant's operating
and safety procedures; and
(iv) copy of the applicable rules as specified in the
notice granting reciprocity.
(E) If the state from which the radiation machine is
proposed to be brought does not issue certificates of registration
or equivalent documents, a certificate of registration shall be obtained
from the agency in accordance with the requirements of this section.
(F) The agency may withdraw, limit, or qualify its
acceptance of any certificate of registration or equivalent document
issued by another agency upon determining that such action is necessary
in order to prevent undue hazard to occupational and public health
and safety or property or environment.
(G) Reciprocal recognition will expire two years from
the date it is granted. A new request for reciprocity shall be submitted
to the agency every two years and the items in subparagraph (A) of
this paragraph shall be included.
(H) Radiation services provided by a person from out-of-state
will not be granted reciprocity. Whenever radiation services are to
be provided by a person from out-of-state, that person shall apply
for and receive a certificate of registration from the agency before
providing radiation services. The application shall be filed in accordance
with this subsection, as applicable.
(j) Use of radiation machines.
(1) As low as reasonably achievable. Persons shall
use, to the extent practical, procedures and engineering controls
based upon sound radiation protection principles to achieve occupational
doses and public doses that are as low as reasonably achievable.
(2) Operating and safety procedures. Each registrant
shall have and implement written operating and safety procedures.
These procedures shall be read by and accessible to each individual
before operating a radiation machine, including any restrictions of
the operating technique required for the safe operation of the particular
radiation machine.
(A) The registrant shall ensure and document that each
individual has read the operating and safety procedures before operating
a radiation machine and reviewed the procedures annually not to exceed
12 months. This documentation shall be maintained in accordance with
subsection (k)(2) of this section for inspection by the agency. The
documentation shall include the following:
(i) name and signature of individual;
(ii) date individual read the operating and safety
procedures; and
(iii) initials of the radiation safety officer.
(B) The operating and safety procedures shall include,
but are not limited to, the following procedures as applicable:
(i) ordering x-ray exams in accordance with subsection
(b)(1)(A) and (B) of this section;
(ii) providing radiation dose requirements in accordance
with paragraph (3)(A) of this subsection;
(iii) instructing workers in accordance with paragraph
(3)(D) of this subsection;
(iv) posting notices to workers in accordance with
paragraph (4)(B) of this subsection;
(v) posting of a radiation area in accordance with
paragraph (4)(C) and (D) of this subsection;
(vi) using a technique chart in accordance with paragraph
(5)(A) of this subsection;
(vii) holding of patients or film in accordance with
paragraph (11)(A) and (B) of this subsection and subsection (c)(4)
of this section;
(viii) following film for processing program or digital
imaging acquisition system protocols in accordance with paragraphs
(12) - (14) of this subsection;
(ix) notifying and reporting to individuals in accordance
with subsection (k)(2) and (3) of this section; and
(x) ensuring security and control of radiation machines
in accordance with paragraph (4)(E)(i) of this subsection.
(3) Personnel requirements.
(A) Occupational dose limits.
(i) The registrant shall control the occupational dose
to individuals, to the following dose limits.
(I) An annual limit shall be the total effective dose
equivalent being equal to 5 rems (0.05 sievert).
(II) The annual limits to the lens of the eye, to the
skin of the whole body, and to the skin of any extremities shall be:
(-a-) a lens dose equivalent of 15 rems (0.15 sievert);
and
(-b-) a shallow dose equivalent of 50 rems (0.5 sievert)
to the skin of the whole body or to the skin of any extremity.
(III) The annual limits for a minor shall be 10% of
the annual occupational dose limits specified in subclauses (I) and
(II) of this clause.
(IV) If a woman declares her pregnancy, the registrant
shall ensure that the dose equivalent to an embryo/fetus during the
entire pregnancy, due to occupational exposure of a declared pregnant
woman, does not exceed 0.5 rem (5 millisievert). If a woman chooses
not to declare pregnancy, the occupational dose limits specified in
subclauses (I) and (II) of this clause are applicable to the woman.
(V) The registrant shall make efforts to avoid substantial
variation above a uniform monthly exposure rate (air kerma rate) to
a declared pregnant woman to satisfy the limit in clause (i) of this
subparagraph. The National Council on Radiation Protection and Measurements
recommended in NCRP Report No. 116 "Limitation of Exposure to Radiation"
(March 31, 1993) that no more than 0.05 rem (0.5 mSv) to the embryo/fetus
be received in any one month.
(ii) The assigned deep dose equivalent shall be for
the portion of the body receiving the highest exposure. The assigned
shallow dose equivalent shall be the dose averaged over the contiguous
10 cm2 of the skin receiving the highest exposure.
(iii) The deep dose equivalent, lens dose equivalent,
and shallow dose equivalent may be assessed from surveys or radiation
measurements for demonstrating compliance with the occupational dose
limits.
(iv) The registrant shall reduce the dose that an individual
may be allowed to receive in the current year by the amount of occupational
dose received from radiation machines or radioactive materials while
employed by any other person.
(v) The agency may impose additional requirements for
controlling occupational exposure to restrict or assess the collective
dose.
(B) Dose limits for individual members of the public.
Cont'd... |
