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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER EREGISTRATION REGULATIONS
RULE §289.231General Provisions and Standards for Protection Against Machine-Produced Radiation

  (3) The registrant shall post each very high radiation area with a conspicuous sign or signs bearing the radiation symbol and words "GRAVE DANGER, VERY HIGH RADIATION AREA." If the very high radiation area involves medical treatment of patients, the registrant may omit the word "GRAVE" from the sign or signs.

(y) Exceptions to posting requirements. A registrant is not required to post caution signs in areas or rooms containing radiation machines for periods of less than 8 hours, if each of the following conditions is met:

  (1) the radiation machines are constantly attended during these periods by an individual who takes the precautions necessary to prevent the exposure of individuals to radiation in excess of the limits established in this section; and

  (2) the area or room is subject to the registrant's control.

(z) Labeling radiation machines. Each registrant shall ensure that each radiation machine is labeled in a conspicuous manner that cautions individuals that radiation is produced when it is energized. This label shall be affixed in a clearly visible location on the face of the control unit.

(aa) Open records.

  (1) Subject to the limitations provided in the Texas Public Information Act, Government Code, Chapter 552, all information and data collected, assembled, or maintained by the agency are public records open to inspection and copying during regular office hours.

  (2) Any person who submits written information or data to the agency and requests that the information be considered confidential, privileged, or otherwise not available to the public under the Texas Public Information Act, shall justify such request in writing, including statutes and cases where applicable, addressed to the agency.

    (A) Documents containing information that is claimed to fall within an exception to the Texas Public Information Act shall be marked to indicate that fact. Markings shall be placed on the document on origination or submission.

      (i) The words "NOT AN OPEN RECORD" shall be placed conspicuously at the top and bottom of each page containing information claimed to fall within one of the exceptions.

      (ii) The following wording shall be placed at the bottom of the front cover and title page, or first page of text if there is no front cover or title page:

Attached Graphic

    (B) The agency requests, whenever possible, that all information submitted under the claim of an exception to the Texas Public Information Act be extracted from the main body of the application and submitted as a separate annex or appendix to the application.

    (C) Failure to comply with any of the procedures described in subparagraphs (A) and (B) of this paragraph may result in all information in the agency file being disclosed upon an open records request.

  (3) The agency will determine whether information falls within one of the exceptions to the Texas Public Information Act. The agency will determine whether or not there has been a previous determination that the information falls within one of the exceptions to the Texas Public Information Act. If there has been no previous determination and the agency believes that the information falls within one of the exceptions, an opinion of the Attorney General will be requested. If the agency agrees in writing to the request, the information shall not be open for public inspection unless the Attorney General's office subsequently determines that it does not fall within an exception.

  (4) Requests for information.

    (A) All requests for open records information must be in writing and refer to documents currently in possession of the agency.

    (B) The agency will ascertain whether the information may be released or whether it falls within an exception to the Texas Public Information Act.

      (i) The agency may take a reasonable period of time to determine whether information falls within one of the exceptions to the Texas Public Information Act.

      (ii) If the information is determined to be public, it will be presented for inspection and/or copies of documents will be furnished within a reasonable period of time. A fee will be charged to recover agency costs for copies.

    (C) Original copies of public records may not be removed from the agency. Under no circumstances shall material be removed from existing records.

(bb) General provisions for records.

  (1) All records required by this chapter shall be accurate and factual. These records shall be maintained by the registrant in accordance with subsection (ll)(6) of this section. Additional record requirements are specified elsewhere in this chapter.

  (2) Records are only valid if stamped, initialed, or signed and dated by authorized personnel or otherwise authenticated.

  (3) Each registrant shall use the SI units gray, sievert, and coulomb per kilogram, or the special units rad, rem, and roentgen, including multiples and subdivisions, and shall clearly indicate the units of all quantities on records required by this chapter.

  (4) The registrant shall make a clear distinction among the quantities entered on the records required by this section, such as TEDE, SDE, LDE, or DDE.

  (5) Records required in accordance with subsections (cc) - (ee) of this section shall include the date and the identification of individual(s) making the record, and, as applicable, a unique identification of survey instrument(s) used, and an exact description of the location of the survey.

  (6) Copies of records required in accordance with subsections (cc) - (ee) of this section, and by certificate of registration conditions that are relevant to operations at an additional authorized use/storage site shall be maintained at that site in addition to the main site specified on a certificate of registration in accordance with subsection (ll)(6) of this section.

(cc) Records of surveys.

  (1) Each registrant shall make and maintain records showing the results of surveys and calibrations required by subsection (s) of this section. The registrant shall retain these records in accordance with subsection (ll)(6) of this section.

  (2) The registrant shall retain the results of surveys to determine the dose from external sources of radiation used, in the absence of or in combination with individual monitoring data, in the assessment of individual DEs in accordance with subsection (ll)(6) of this section.

(dd) Records of individual monitoring results.

  (1) Each registrant shall make and maintain records in accordance with subsection (r) of this section of the doses received by all individuals for whom monitoring was required in accordance with subsection (n) of this section, and records of doses received during accidents, and emergency conditions. Assessments of DE and records made using units in effect before January 1, 1994, need not be changed. These records shall include, when applicable:

    (A) the DDE to the whole body, LDE, SDE to the skin of the whole body, and SDE to the skin of any extremities; and

    (B) the data used to make occupational dose assessments in accordance with subsection (r)(5) of this section.

  (2) The registrant shall make entries of the records specified in paragraph (1) of this subsection at intervals not to exceed 1 year and within 90 days of the end of the year.

  (3) The registrant shall maintain the records specified in paragraph (1) of this subsection on RC Form 231-3, in accordance with the instructions for RC Form 231-3, or in clear and legible records containing all the information required by RC Form 231-3.

  (4) The registrant shall maintain the records of dose to an embryo/fetus with the records of dose to the declared pregnant woman. The declaration of pregnancy, including the estimated date of conception, shall also be kept on file, but may be maintained separately from the dose records.

  (5) The registrant shall retain each required form or record required by this subsection and records used in preparing RC Form 231-3 or equivalent in accordance with subsection (ll)(6) of this section.

(ee) Records of dose to individual members of the public.

  (1) Each registrant shall maintain records sufficient to demonstrate compliance with the dose limit for individual members of the public. See subsections (o) and (p) of this section.

  (2) The registrant shall retain the records required by paragraph (1) of this subsection in accordance with subsection (ll)(6) of this section.

(ff) Form of records.

  (1) Each record required by this chapter shall be legible throughout the specified retention period.

  (2) The record shall be the original or a reproduced copy or a microform, provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period.

Cont'd...

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