| (6) A person that takes possession of a radiation machine
as the result of foreclosure, bankruptcy, or other default of payment
may possess the machine without registering it. If the machine is
energized, it shall be under the supervision of a person registered
per this section and shall be energized only to demonstrate that the
machine is operable for sale, lease, or transfer purposes.
(7) Facilities, including academic institutions and
research or development facilities, registered for the use of radiation
machines are exempt from the registration requirements of subsection
(j) of this section, regarding radiation services, to the extent that
their personnel perform radiation services only for the registrant
by whom they are employed.
(8) Bone densitometry machines used by, or under the
supervision of, a licensed physician, are exempt from equipment performance
evaluations.
(e) General requirements for application for registration.
(1) Application for registration shall be completed
on forms prescribed by the department and shall contain all the information
required by the form and accompanying instructions. For initial registrations
with multiple use locations, a separate application RC Form 226-2
shall be completed for each use location under the registration.
(2) A radiation safety officer (RSO) shall be designated
on each application form. The qualifications of that individual shall
be submitted to the department with the application. The RSO shall
meet the applicable qualifications specified in paragraph (3) of this
subsection and carry out the responsibilities of subsection (n) of
this section.
(3) Qualifications for RSOs for registrants.
(A) All RSOs shall meet the following general qualifications
in addition to qualifications in specific categories:
(i) knowledge of potential radiation hazards and emergency
precautions; and
(ii) completed educational courses related to ionizing
radiation safety or a radiation safety officer course; or
(iii) experience in the use and familiarity of the
type of equipment used.
(B) Specific qualifications for RSOs by the facility
type are as follows.
(i) RSOs for healing arts facilities shall meet the
following qualifications:
(I) practitioner RSOs shall submit documentation of
their licensing board number;
(II) qualifications for a non-practitioner RSO with
radiation machine-related credentials, and the following credentials
will be accepted for an RSO who is not a practitioner:
(-a-) evidence of a valid general certificate issued
under the Medical Radiologic Technologist Certification Act, Texas
Occupations Code, Chapter 601, and at least two years of supervised
radiation safety experience or supervised use of radiation machines;
(-b-) evidence of a valid limited certificate issued
under the Medical Radiologic Technologist Certification Act, Texas
Occupations Code, Chapter 601, and at least four years of supervised
radiation safety experience or supervised use of radiation machines;
(-c-) evidence of registry by the American Registry
of Radiologic Technologists (ARRT) or the American Registry of Clinical
Radiologic Technologists (ARCRT) and at least two years of supervised
radiation safety experience or supervised use of radiation machines;
(-d-) evidence of associate degree in radiologic technology,
health physics, or nuclear technology, and at least two years of supervised
radiation safety experience or supervised use of radiation machines;
(-e-) for radiation therapy facilities, evidence of
registry by the ARRT or ARCRT and at least four years of supervised
radiation-related experience or supervised use of radiation therapy
machines; or
(-f-) evidence of a current Texas license under the
Medical Physics Practice Act, Texas Occupations Code, Chapter 602,
in one or more of the following appropriate specialties:
(-1-) medical health physics, diagnostic medical physics,
or nuclear medical physics for diagnostic x-ray facilities; or
(-2-) medical health physics or therapeutic medical
physics for radiation therapy facilities; or
(III) qualification for a non-practitioner RSO without
radiation machine-related credentials, and an RSO who is not a practitioner
and who does not have radiation machine-related credentials must meet
the following criteria:
(-a-) credentials:
(-1-) evidence of registration with the Texas Board
of Nursing as a registered nurse and at least two years of supervised
experience in the use of radiation machines in their respective specialty;
(-2-) evidence of registration with the Texas Physician
Assistant Board and at least two years of supervised experience in
the use of radiation machines in their respective specialty; or
(-3-) evidence of bachelor's or higher degree in radiologic
technology, health physics, or nuclear technology and at least two
years of supervised experience in the use of radiation machines; and
(-b-) additional documentation for a non-practitioner
RSO without radiation machine-related credentials, and the following
documentation must be provided to be qualified:
(-1-) an attestation by a physician or qualified department
director describing the radiation safety experience and performance
of the RSO responsibilities listed in subsection (n) of this section,
as applicable, and attestation must include that the RSO has achieved
a level of radiation safety knowledge sufficient to function independently
as RSO for the medical use for which they are applying; and
(-2-) documentation of an accredited radiation safety
or radiation machine course completion, and the course must be at
least 24 credit hours and include the principles of image processing,
radiation protections, dose optimization and reduction; biological
effects of ionizing radiation; radiology quality control and improvement;
and review of Texas Regulations related to radiation as applicable.
(ii) Academic institutions or research and development
facilities shall have RSOs who are faculty or staff members with a
bachelor's degree or higher in a radiation-related field and at least
two years of supervised experience in the use of radiation machines
and the following documentation is also required:
(I) an attestation by a physician or qualified department
director describing the radiation safety experience and performance
of the RSO responsibilities listed in subsection (n) of this section,
as applicable, and attestation must include that the RSO has achieved
a level of radiation safety knowledge sufficient to function independently
as RSO for the medical use for which they are applying.
(II) documentation that the individual has satisfactorily
completed 40 hours of education related to safe use of radiation machines
from an accredited institution.
(iii) Industrial radiography operations shall have
an RSO who meets the requirements of §289.255(e)(4)(B) of this
title.
(C) The RSO identified on a certificate of registration
issued before September 1, 1993, need not comply with the training
requirements in this subsection.
(D) The RSO for an application for registration of
an electronic brachytherapy device shall meet the qualifications of
this subsection and shall carry out the responsibilities of subsection
(n) of this section.
(E) The department may determine that a person who
otherwise meets the RSO qualifications specified in this section is
unqualified to be named as the RSO, based on the person's history
with ensuring a facility's compliance with the Act and rules of this
chapter.
(4) Any time after the filing of the original application,
the department may require additional information to determine if
the certificate of registration should be issued or denied.
(5) An application for a certificate of registration
may include a request for a certificate of registration authorizing
one or more activities or use locations. Applications for certification
of mammography systems shall be made separately.
(6) Applications and documents submitted to the department
may be made available for public inspection except that the department
may withhold any document or part thereof from public inspection per §289.231(aa)
of this title.
(7) Each application for a certificate of registration
shall be accompanied by the fee prescribed in §289.204 of this
title.
(8) Each application shall be accompanied by a completed
RC Form 226-1 (Business Information Form) that shall contain the legal
name of the entity or business. Unless exempt per the Business and
Commerce Code, Chapter 71, the applicant shall:
(A) be authorized to conduct business in the State
of Texas as listed on the Texas Secretary of State (SOS) website;
and
Cont'd... |
