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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER FLICENSE REGULATIONS
RULE §289.255Radiation Safety Requirements and Licensing and Registration Procedures for Industrial Radiography

      (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...

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