Current through Register Vol. XXXVIII, No. 51, December 23, 2021
5.1.a. This Section provides for the
registration of sources of radiation and for the registration of persons
providing radiation machine installation, servicing or services. The person
having possession of any registrable item shall register such source of
radiation with the agency in accordance with the requirements of this
5.1.b. For the purpose of
Section 5. of this rule, "facility" is the location at which one or more
devices or sources are installed or located within one building, vehicle, or
under one roof, and are under the same administrative control.
5.1.c. In addition to the requirements of
this Section, all registrants are subject to the applicable provisions of other
parts of this rule.
5.1.d. For the
purpose of this rule, "storage" is a condition in which a device or source is
not being used for an extended period of time, and has been made
The following sources of
radiation do not require registration:
5.2.a.1. Less than ten (10) times the
quantities of any radioactive material possessed simultaneously, listed in
Table 64-23 Y of this rule.
5.2.a.2. Natural radioactive materials of an
equivalent specific radioactivity not exceeding that of natural potassium, (one
one-hundred millionths [10!9] Curies/gm).
5.2.a.3. Time pieces, instruments, novelties,
or devices containing self-luminous elements, except during manufacture or
repair of the self-luminous elements themselves. Such time pieces, instruments,
novelties, or devices shall not be exempt if they are stored, used, or handled
in such quantity or fashion that an individual might receive a radiation dose
exceeding the limits established in Subsection 6.5.
5.2.a.4. Domestic television
equipment that produces radiation incidental to its operation for other
purposes is exempt from the registration and notification requirements of this
part, providing dose equivalent rate averaged over an area of ten (10) square
centimeters does not exceed five (5) [PHI]Sv (five-tenths [0.5] mRem) per hour
at five (5) cm from any accessible surface of such equipment. The production,
testing, or factory servicing of such equipment shall not be exempt.
5.2.a.6. Radiation-producing machines while
in transit or storage incident thereto.
5.2.b. Common and contract carriers operating
within this state are exempt from registration requirements to the extent that
they transport or store sources of radiation in the regular course of their
carriage for another or storage incident thereto.
Application for Registration of
possessing each registrable item which has not already been registered, shall:
5.3.a.1. Apply for registration of such
facility with the agency within thirty (30) days following the effective date
of this rule or thereafter prior to the operation of a radiation
5.3.a.2. Make application
for registration on forms furnished by the agency and shall supply all the
information required by the form and accompanying instructions.
5.3.a.3. Designate on the application form an
individual to be responsible for radiation protection.
5.3.a.4. Prohibit any person from furnishing
radiation machine servicing or services as described in Subdivision 5.5.d. to
his radiation machine facility until such person provides evidence that he has
been registered with the agency as a provider of services in accordance with
5.4.a. Each person who is engaged in the
business of installing or offering to install radiation sources or is engaged
in the business of furnishing or offering to furnish radiation source servicing
or services in this state, shall apply for registration of such services with
the agency within thirty (30) days prior to furnishing or offering to furnish
any such services.
person who sells, leases, transfers, disposes, assembles, installs or lends
radiation sources in this state shall notify the agency within fifteen (15)
days after the end of each calendar quarter of:
5.4.b.1. The name and address of persons who
have received these sources;
5.4.b.2. The manufacturer, model and serial
number of each source transferred;
5.4.b.3. The date of transfer of each
No person shall make, sell, lease, transfer, lend or install x-ray equipment or
radioactive material sources or auxiliaries and supplies necessary for the safe
operation of such equipment unless such supplies and equipment, when placed in
operation and use, will meet the requirements of this rule.
Application for Registration
of Servicing and Services.
for registration shall be completed on forms furnished by the agency and shall
contain all information required by the agency as indicated on the forms and
Each person applying for registration under this Section shall specify:
5.5.b.1. That he has read and understands the
requirements of this and other applicable Sections;
5.5.b.2. The services for which he is
applying for registration;
The training and experience that qualify him to discharge the services for
which he is applying for registration;
5.5.b.4. The type of measurement instruments
to be used, frequency of calibration, and source of calibration; and
5.5.b.5. The type of personnel dosimeters
supplied, frequency of reading, and replacement or exchange schedule.
For the purpose of
Subsection 5.5. services may include but shall not be limited to:
5.5.c.1. Installation or servicing of
radiation machines and associated radiation machine components;
5.5.c.2. Calibration of radiation machines or
radiation measurement instruments or devices;
5.5.c.3. Radiation protection or health
physics consultations or surveys; and
5.5.c.4. Personnel dosimetry
individual shall perform services which are not specifically stated for that
individual on the notice of registration issued by the agency.
Issuance of Notice of
5.6.a. Upon a determination that
an applicant meets the requirements of the rules, the agency shall issue a
notice of registration.
agency may incorporate in the notice of registration at the time of issuance or
thereafter by appropriate rule, regulation, or order, such additional
requirements and conditions with respect to the registrant's receipt,
possession, use, and transfer of radiation producing devices as it deems
appropriate or necessary.
5.7. Expiration of Notice of Registration.
Except as provided by Subdivision 5.8.a., each notice of registration shall
expire at the end of the specified day in the month and year stated
5.8.a. The person possessing
each registrable item shall renew such registration with the agency at a date
to be specified by the agency not later than within six (6) months of the
effective date of this rule and every three years thereafter.
Report of Changes
5.9.a. Except as provided in Subdivision
5.9.b. the registrant shall notify the agency in writing within ten (10) days
after any change which renders the information on registration no longer
accurate. In the case of disposition of radiation sources, such notification
shall specify the recipient of these sources.
5.9.b. The registrant is not required to
notify the agency of the use of radiation sources at a temporary location other
than the designated storage location, provided the initial registration shows
that their use at temporary locations is normal to the conduct of the
Approval Not Implied
5.10.a. No person, in
any advertisement, shall refer to the fact that a source of radiation is
registered with the agency, and no person shall state or imply that any
activity under such registration has been approved by the agency.
Reciprocal Recognition of
Out-of-State Radiation Producing Devices.
Whenever any radiation producing
device is to be brought into the state, for any temporary use, the person
proposing to bring such device into the state shall give written notice to the
agency at least two (2) working days before such device is to be used in the
state. The notice shall include:
The type of radiation device;
5.11.a.2. The nature, duration, and scope of
5.11.a.3. The exact location
or locations where the radiation producing device is to be used; and
5.11.a.4. States in which this device is
registered or licensed.
5.11.b. If, for a specific case, the two (2)
working-day period would impose an undue hardship on the person, upon
application to the agency, permission to proceed sooner may be
referred to in subdivision 5.11.a. shall:
5.11.c.1. Comply with all applicable rules of
5.11.c.2. Supply the
agency with such other information as the agency may reasonably request;
5.11.c.3. Not operate within
the state on a temporary basis in excess of one hundred eighty (180) calendar
days per year.
Radiation Protection Requirements
5.12.a. Registrants and persons subject to
Subsection 5.11. shall comply with all applicable requirements of this rule,
provided, however, that apart from registration, nothing in this rule shall
apply to any person to the extent that such person is subject to regulation by
the United States Nuclear Regulatory Commission and any legal successor