| (B) name of customer;
(C) customer's certificate of registration number unless
the installation is an initial installation described in paragraph
(1) of this subsection; and
(D) records of assembling, installing and repairing
of the machines shall be made and maintained for inspection by the
department per subsection (v) of this section.
(5) Equipment performance evaluations shall be performed
as follows:
(A) on all medical, chiropractic or podiatric radiation
machines within 30 days after the initial installation, re-installation,
and after repair of a machine component that would affect the radiation
output that includes but is not limited to the timer, tube, and power
supply, per §289.227(o)(2) of this title; and
(B) on all dental radiation machines and radiation
machines used in veterinary medicine within 30 days after the initial
installation, re-installation, and after repair of a machine component
that would affect the radiation output that includes the timer, tube,
and power supply, per §289.232(j)(5)(J)(i) and §289.233(j)(5)(N)(i)(I)
- (III) of this title, as applicable.
(6) Radiation air kerma rate or dose measurements for
fluoroscopy and computed tomography (CT) radiation machines, as required
by §289.227 and §289.233 of this title shall be performed
by a licensed medical physicist with a specialty in diagnostic medical
physics.
(7) Radiation entrance exposure data required during
EPEs on general radiographic and special purpose radiation machines,
as defined in §289.227(e) and §289.233(d) of this title,
shall be performed by or under the supervision of a licensed medical
physicist with a specialty in diagnostic medical physics. The physicist
shall:
(A) establish written procedures for non-physicists
that document entrance exposure data;
(B) calculate the entrance exposure;
(C) verify the entrance exposure meets compliance with §289.227(j)
of this title;
(D) retest the machine, by measuring entrance exposure,
at the facility's specified technique after repair or adjustment by
a service technician;
(E) submit any test or EPE results to the facility
within 30 days after completion of testing. Documentation shall include:
(i) name of the facility;
(ii) address of facility; if satellite facility, address
of where the radiation machine is located;
(iii) business email address;
(iv) registration number of the facility;
(v) make, model, and serial number from the machine
control panel;
(vi) registration number of physicist and service company
performing EPE;
(vii) mailing/business address of physicist performing
EPE;
(viii) date of the last calibration of testing equipment;
(ix) signature of physicist that performed the EPE;
(F) retain documentation of subparagraph (E) of this
paragraph according to subsection (v) of this section; and
(G) maintain a calibrated dosimetry system available
for use:
(i) The system shall be calibrated by the National
Institute for Standards and Technology (NIST) or by an American Association
of Physicists in Medicine (AAPM) Accredited Dosimetry Calibration
Laboratory (ADCL).
(ii) The calibration shall be performed within the
previous 24 months and after any servicing that may have affected
system calibration.
(p) Expiration of certificates of registration.
(1) Except as provided by subsection (r) of this section,
each certificate of registration expires at the end of the day, in
the month and year stated in the certificate of registration.
(2) If a registrant does not submit an application
for renewal of the certificate of registration per subsection (r)
of this section, as applicable, on or before the expiration date specified
in the certificate of registration, the registrant shall:
(A) terminate use of all radiation machines and terminate
radiation machine servicing or radiation services as applicable; and
(B) pay any outstanding fees per §289.204 of this
title.
(3) The expiration of the certificate of registration
does not relieve the registrant of the requirements of this chapter.
(q) Termination of certificates of registration.
(1) When a registrant decides to terminate all activities
involving radiation machines or services authorized under the certificate
of registration, the registrant shall immediately:
(A) request termination of the certificate of registration
in writing signed by the RSO, owner, or an individual authorized to
act on behalf of the registrant; and
(B) submit to the department a record of the disposition
of the radiation machines, if applicable; and if transferred, to whom
they are transferred.
(2) The registrant shall pay any outstanding fees per §289.204
of this title.
(r) Renewal of certificates of registration.
(1) An application for renewal of a certificate of
registration shall be filed per subsection (e) of this section and
applicable paragraphs of subsections (f) - (j) of this section.
(2) If a registrant applies for renewal in proper form
before the existing certificate of registration expires, such certificate
of registration shall not expire until the application status has
been determined by the department.
(s) Modification, suspension, and revocation of certificates
of registration.
(1) The terms and conditions of all certificates of
registration shall be subject to revision or modification. A certificate
of registration may be suspended or revoked because of amendments
to the Act, because of amendments to the rules in this chapter, or
orders issued by the department.
(2) Any certificate of registration may be revoked,
suspended, or modified, in whole or in part, for:
(A) any material false statement in the application
or any statement of fact required under provisions of the Act;
(B) conditions revealed by such application or statement
of fact or any report, record, or inspection, or other means that
would warrant the department to refuse to grant a certificate of registration
on an original application;
(C) violation of, or failure to observe any of the
terms and conditions of the Act, this chapter, the certificate of
registration, or order of the department; or
(D) existing conditions that constitute a substantial
threat to public health or safety or the environment.
(3) Each certificate of registration revoked by the
department ends at the end of the day on the date of the department's
final determination to revoke the certificate of registration, or
on the revocation date stated in the determination, or as otherwise
provided by the department order.
(4) 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 allowed to demonstrate compliance with
all lawful requirements.
(t) Reciprocal recognition of out-of-state certificates
of registration.
(1) Whenever any radiation machine is to be brought
into the state for any temporary use, the person proposing to bring
the machine into the state shall apply for and receive a notice from
the department granting reciprocal recognition before beginning operations.
The request for reciprocity shall include a:
(A) completed RC Form 226-1 (Business Information Form);
(B) completed RC Form 226-3 (Application for Registration
of Industrial Radiation Machines);
(C) RSO qualifications per subsection (e)(3) of this
section.
(D) completed RC Form 252-3 (Notice of Intent to Work
in Texas Under Reciprocity);
(E) completed qualification forms (RC Forms 255-E,
255-T or 255-OS) for each radiographer who will be working in Texas
if the reciprocity request is for industrial radiography;
(F) copy of the applicant's current certificate of
registration or equivalent document;
(G) copy of the applicant's current operating and safety
procedures pertinent to the proposed use; and
Cont'd... |
