| (vi) ensuring that timely notifications to the agency
are made as required by this section and §289.202 of this title
or §289.231 of this title, as applicable;
(vii) ensuring that any required interlock switches
and warning signals are functioning and that radiation signs, ropes,
and barriers are properly posted and positioned;
(viii) investigating, determining the cause, taking
steps to prevent the recurrence, and reporting to the agency each:
(I) known or suspected case of radiation exposure to
an individual or radiation level detected in excess of limits established
by this chapter; and
(II) theft or loss of a source(s) of radiation;
(ix) having a thorough knowledge of management policies
and administrative procedures of the licensee or registrant;
(x) assuming control and having the authority to institute
corrective actions including shutdown of operations when necessary
in emergency situations or unsafe conditions;
(xi) maintaining records as required by this chapter
in accordance with subsection (v)(1) of this section;
(xii) ensuring the proper storing, labeling, transport,
and use of exposure devices and sources of radiation;
(xiii) ensuring that inventory and inspection and maintenance
programs are performed in accordance with subsections (k) and (m)
of this section;
(xiv) ensuring that personnel are complying with the
requirements of this chapter and the conditions of the license or
the certificate of registration; and
(xv) ensuring that the operating, safety, and emergency
procedures of the licensee or registrant are met in accordance with
subsections (t)(5)(A) - (C) and (G) and (u)(8)(A) - (C) and (I) of
this section.
(f) Additional requirements.
(1) No licensee or registrant shall permit any individual
to act as a radiographer trainee, radiographer, radiographer trainer,
or RSO until such individual has met the certification requirements
in accordance with subsection (e) of this section, as applicable,
and has:
(A) received copies of and demonstrated an understanding
of the following by successful completion of a written or oral examination
administered by the licensee or registrant covering this material:
(i) the requirements contained in this section and
the applicable requirements of §289.201 of this title, §289.202
of this title, §289.203 of this title, §289.231 of this
title, and §289.257 of this title;
(ii) the appropriate conditions of the license(s) and
certificate(s) of registration;
(iii) the licensee's or registrant's operating, safety,
and emergency procedures; and
(B) demonstrated competence in the use of sources of
radiation, radiographic exposure devices, associated equipment, related
handling tools, and radiation survey instruments, that may be employed
in industrial radiographic assignments by successful completion of
a practical examination administered by the licensee or registrant
covering such use.
(2) A radiographer and radiographer trainer shall ensure
that radiographic operations to which the individual is assigned are
conducted in accordance with the requirements of this section.
(3) Records of the administration of and the examinations
required by paragraph (1) of this subsection shall be made and maintained
in accordance with subsection (v)(1) of this section. Records shall
include the following:
(A) copies of written tests administered by the licensee
or registrant;
(B) dates of oral and practical examinations and names
of individuals conducting and receiving the oral and practical examinations;
and
(C) a list of items tested and the results of the oral
and practical examinations.
(g) Application and fee for radiographer certification
examinations.
(1) Application.
(A) An application for taking the examination shall
be on forms prescribed and furnished by the agency.
(B) The non-refundable and non-transferable application
fee for examination shall be $120.
(C) The appropriate fee shall be submitted with the
application for examination when filing
with the agency.
(D) The application and the non-refundable and non-transferable
fee shall be submitted to the agency on or before the dates specified
by the agency.
(E) Applicants who fail to appear at a scheduled exam
and do not reschedule 48 hours prior to their assigned exam session
shall apply for a future exam session in accordance with subparagraphs
(A) - (D) of this paragraph.
(2) Examination. The examination shall be given for
the purpose of determining the qualifications of applicants.
(A) The scope of the examination and the methods of
procedure, including determination of the passing score, shall be
prescribed by the agency. The examination will assess the applicant's
knowledge to safely use sources of radiation and related equipment
and the applicant's knowledge of this section, and the applicable
requirements of §289.201 of this title, §289.202 of this
title, and §289.231 of this title.
(B) The examination will be administered by the agency
or persons authorized by the agency.
(C) A candidate failing an examination may apply for
re-examination in accordance with paragraph (1) of this subsection
and will be re-examined. A candidate shall not retake the same version
of the agency-administered examination.
(D) The examination shall normally be offered once
each month. Times, dates, and locations of the examination will be
furnished by the agency.
(E) The examination will be in the English language.
(F) To take the examination, an individual shall present
a government-issued photo identification card, such as a driver's
license, at the time of the examination.
(G) Calculators will be permitted during the examination.
However, calculators or computers with preprogrammed data or formulas,
including exposure calculators, will not be permitted during the examination.
(H) The examination will be a "closed-book" examination.
(I) Any individual observed by an agency proctor to
be compromising the integrity of the examination shall be required
to surrender the examination, the answer sheet, and all scratch paper.
Such individual will not be allowed to complete the examination, will
forfeit the examination fee, and will leave the examination site to
avoid disturbing other examinees. Such individual shall wait 90 days
before taking a new examination and shall resubmit a new application
and a $120 non-refundable and non-transferable examination fee.
(J) Examination material shall be returned to the agency
at the end of the examination. No photographic or other copying of
examination questions or materials shall be permitted. Disclosure
by any individual of the contents of any examination prior to its
administration is prohibited.
(K) The names and scores of individuals taking the
examination shall be a public record.
(h) Radiographer certification.
(1) An application for radiographer certification shall
be on RC Form 255-R, RC Form 255-OS, or equivalent.
(A) The non-refundable fee for radiographer certification
shall be $110.
(B) The appropriate fee shall be submitted with the
application for radiographer certification when filing with the agency.
(2) A certification ID card shall be issued to each
individual who successfully completes the requirements of subsection
(e)(2)(A)(i) - (iii) of this section.
(A) Each individual's certification ID card shall contain
the individual's photograph. The agency will take the photograph at
the time the examination is administered.
(B) The certification ID card remains the property
of the agency and may be revoked or suspended under the provisions
of paragraph (4) of this subsection.
(C) Any individual who needs to replace a certification
ID card shall submit to the agency a written request for a replacement
certification ID card, stating the reason a replacement certification
ID card is needed. A non-refundable fee of $35 shall be paid to the
agency for each replacement of a certification ID card. The prescribed
fee shall be submitted with the written request for a replacement
certification ID card. The individual shall carry a copy of the request
while performing industrial radiographic operations until a replacement
certification ID card is received from the agency.
(D) Each certification ID card is valid for a period
of five years, unless revoked or suspended in accordance with paragraph
(4) of this subsection. Each certification ID card expires at the
end of the day, in the month and year stated on the certification
ID card.
(3) Renewal of a radiographer certification.
(A) Applications for examination to renew a radiographer
certification shall be filed in accordance with subsection (g)(1)
of this section.
(B) The examination for renewal of a radiographer certification
shall be administered in accordance with subsection (g)(2) of this
section.
(C) A renewal certification ID card shall be issued
in accordance with paragraph (2) of this subsection.
(4) Suspension or revocation of a radiographer certification.
(A) Any radiographer who violates the requirements
of this chapter, or provides any material false statement in the application
or any statement of fact required in accordance with this chapter,
may be required to show cause at a formal hearing why the radiographer
certification should not be suspended or revoked in accordance with
§289.205 of this title.
(B) When an agency order has been issued for an industrial
radiographer to cease and desist from the use of sources of radiation
or the agency suspends or revokes the individual's radiographer certification,
the radiographer shall surrender the certification ID card to the
agency until the order is changed or the suspension expires.
(C) An individual whose radiographer certification
has been suspended or revoked by the agency or another certifying
entity shall comply with the process and/or conditions of the suspension
or revocation orders before certification is reinstated, or the individual
is permitted by the agency to apply for a new certification.
(5) Reciprocity of a radiographer certification.
(A) Reciprocal recognition by the agency of an individual
radiographer certification will be granted provided that:
(i) the individual holds a valid certification in the
appropriate category and class issued by a certifying entity, as defined
in subsection (c) of this section;
(ii) the requirements and procedures of the certifying
entity issuing the certification afford the same or comparable certification
standards as those afforded by subsection (e)(2)(A)(i) - (iii) of
this section; and
(iii) the individual submits a legible copy of the
certification to the agency prior to entry into Texas.
(B) Enforcement actions with the agency, another agreement
state, or the NRC or sanctions by an independent certifying entity
may be considered when reviewing a request for reciprocal recognition
from a licensee, registrant, or certified radiographer.
(C) Certified radiographers who are granted reciprocity
by the agency shall maintain the certification upon which the reciprocal
recognition was granted, or prior to the expiration of such certification,
shall meet the requirements of paragraph (3) of this subsection.
(i) Receipt, transfer, and disposal of sources of radiation
and devices using depleted uranium (DU) for shielding.
(1) Each licensee and registrant shall make and maintain
records in accordance with subsection (v)(1) of this section, showing
the receipt, transfer, and disposal of sources of radiation and devices
using DU for shielding.
(2) These records shall include the following, as appropriate:
(A) date of receipt, transfer, or disposal;
(B) name of the individual making the record;
(C) radionuclide;
(D) number of curies (becquerels) or mass (for DU);
(E) manufacturer, model, and serial number of each
source of radiation and/or device;
(F) for the person transferring the source of radiation,
the name of the transferee, the number of the transferee's radioactive
material license authorizing possession of the material, and the regulatory
agency issuing the license to the transferee; and
(G) for the person receiving the source of radiation,
the name of the transferor, the number of the transferor's radioactive
material license authorizing possession of the material, and the regulatory
agency issuing the license to the transferor.
(j) Radiation survey instruments.
Cont'd... |
