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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER EREGISTRATION REGULATIONS
RULE §289.226Registration of Radiation Machine Use and Services

    (D) a description of the population to be examined in the screening program, for example, age, sex, physical condition, and other appropriate information;

    (E) for mobile screening operations, location(s) where radiation machines are maintained;

    (F) operating and safety procedures as follows:

      (i) for all radiation machines (except bone densitometers) to include:

        (I) an evaluation of the radiation machines to be used in the screening program;

        (II) documentation that the evaluation was performed by a licensed medical physicist with a specialty in diagnostic medical physics;

        (III) the evaluation shall show that the machines satisfy all requirements of this chapter;

      (ii) for bone densitometers, the manufacturer's evaluation of the radiation machine(s) to be used in the screening program;

    (G) documentation for verification of the following procedures:

      (i) a method of recommending a means of selecting a physician for patients who do not have a physician;

      (ii) a description of the procedures to be used in advising the individuals screened and their physicians of the results of the screening procedure and any further medical needs indicated; and

      (iii) a description of the procedures for the retention or disposition of the radiographs and other records about the x-ray examinations.

  (3) Screening standards/procedures shall meet national standards such as the American College of Radiology or other national standards.

(i) Application for registration of radiation machines for non-human use, including use in morgues, forensic medicine or investigations, and educational facilities.

  (1) In addition to the requirements of subsection (e) of this section, each applicant shall comply with the following.

    (A) Each person having an accelerator for non-human use shall apply for and receive a certificate of registration from the department before beginning the use of the accelerator. A person may energize the accelerator for purposes of installation and testing before receiving a certificate of registration from the department.

    (B) Each person having an accelerator for non-human use shall submit:

      (i) operating and safety procedures as described in §289.229(f)(3)(B) of this title; and

      (ii) a description of the applicant's proposed facilities per §289.229(f)(2) and (f)(3)(A), (D) and (E) of this title.

  (2) Each person having a radiation machine for non-human use, other than those specified in paragraph (1)(A) of this subsection and those used for industrial radiographic operations as defined in §289.255 of this title, shall apply for registration with the department within 30 days after beginning use of the machine.

  (3) Each applicant for use of radiation machines in industrial radiographic operations shall submit the information required in §289.255(t)(1) of this title and receive a certificate of registration from the department before beginning use of the machine(s).

  (4) An application for the uses specified in this subsection shall be signed by the applicant, registrant, or a person duly authorized to act for and on the applicant's or registrant's behalf. The application shall also be signed by the RSO.

(j) Application for registration of radiation machine services.

  (1) In addition to the requirements of subsection (e) of this section, each applicant shall comply with the following.

    (A) Each person who intends to provide radiation services described in subsection (b)(11) of this section shall apply for and receive a certificate of registration from the department before providing the service.

    (B) An application for radiation services shall be signed by the applicant or registrant or a person duly authorized to act for and on the applicant's or registrant's behalf. The application shall also be signed by the RSO.

  (2) The applicant shall document the qualifications of the specific training and experience that qualifies each individual to perform the service as follows:

    (A) for individuals performing assembly, installation, or repair of radiation machines in subsection (b)(11)(E) of this section, document the qualifications listed in paragraph (5) of this subsection;

    (B) for individuals performing the services specified in subsection (b)(10) and (11)(C) of this section, obtain a copy of the individual's license from the Texas Board of Licensure for Professional Medical Physicists; and

    (C) for all other services, document the qualifications listed in paragraph (5) of this subsection.

  (3) No person shall provide services specified in subsection (b)(10) and (11) of this section that are not specifically authorized by the department.

  (4) No person shall provide radiation machine services for a person who cannot produce evidence of a completed application for registration or a valid certificate of registration issued by the department except for:

    (A) services specified in subsection (b)(11)(B), (C) and (D) of this section; or

    (B) the initial installation of the first machine(s) for a new certificate of registration.

  (5) The minimum education and training for persons performing radiation machine assembly, installation, or repair are as follows.

    (A) All persons performing radiation machine assembly, installation, or repair shall meet one of the following requirements:

      (i) one year of formal training (may be satisfied by factory school, military technical training school, or other courses in radiation machine assembly, installation or repair techniques) or an associate degree in biomedical equipment repair;

      (ii) a bachelor's degree in electrical engineering with specialized training in radiation producing devices; or

      (iii) a combination of training and experience totaling one year to include:

        (I) experience or education providing familiarity with the type(s) of equipment to be serviced, to include radiation safety;

        (II) knowledge of protective measures to reduce potentially hazardous conditions; and

        (III) six months of supervised assembly and repair of the type(s) of equipment to be serviced.

    (B) A registrant holding a valid certificate of registration who has hired individuals to perform services before September 1, 1993, need not comply with the education and training requirements in this paragraph. Individuals hired on or after September 1, 1993, shall comply with the education and training requirements in this paragraph.

  (6) Each applicant for providers of equipment shall also submit:

    (A) the address of an established main location where the radiation machines, records, etc., will be maintained for inspection. This shall be a street address, not a post office box number; and

    (B) a current copy of the applicant's operating and safety procedures. This is required when the applicant's personnel are provided to operate the equipment for their client.

  (7) A record documenting the qualifications of each individual that performs the service shall be made and maintained for inspection by the department per subsection (v) of this section.

(k) Issuance of certificates of registration.

  (1) A certificate of registration application will be approved if the department determines that an application meets the requirements of the Act and the requirements of this chapter. The certificate of registration authorizes the proposed activity in the form and contains the conditions and limitations as the department deems appropriate or necessary.

  (2) The department 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 to:

    (A) minimize danger to occupational and public health and safety;

    (B) require additional reports and the keeping of additional records as may be appropriate or necessary; and

    (C) prevent loss or theft of radiation machines subject to this section.

  (3) The department may request, and the registrant shall provide, additional information after the certificate of registration has been issued to enable the department to determine whether the certificate of registration should be modified per subsection (s) of this section.

(l) Terms and conditions of certificates of registration.

Cont'd...

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