Alabama Administrative Code
Title 420 - ALABAMA STATE BOARD OF HEALTH
Chapter 420-3-26 - RADIATION CONTROL
Section 420-3-26-.05 - Registration Of X-Ray Producing Machines


Current through Register Vol. 42, No. 5, February 29, 2024

General

(1) Registration Requirement.

(a) This Rule 420-3-26-.05 provides for the registration of radiation machines capable of producing x-rays of less than or equal to 1.0 meV. Every person possessing an x-ray producing machine shall register in accordance with the provisions of this rule. Except as specifically exempted in Section 420-3-26-.05(4), each person who receives, possesses, uses, or services a radiation machine shall register such machines with the Agency in accordance with the requirements of this Rule 420-3-26 -.05.18

(b) In addition to the requirements of this Rule 420-3-26-.05, all registrants are subject to the requirements of Rules 420-3-26-.01, 420-3-26-.10, and 420-3-26-.11. Registrants using radiation machines for the performance of industrial radiography are also subject to the requirements of Rule 420-3-26-.04 and registrants using radiation machines in the healing arts are also subject to the requirements of Rule 420-3-26-.06 of these rules.

Definitions

(2) General Definitions.

(a) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the U.S. Nuclear Regulatory Commission and other Federal Government agencies.

(b) "Possessing an x-ray producing machine" means using, operating, storing, manufacturing, or otherwise having control of an x-ray producing machine in the State of Alabama.

(c) "Radiation producing machine" means any machine or device capable of producing radiation, but excluding devices which produce radiation only by the use of radioactive material.

(d) "Registrant" means any person who is registering or who has registered with the Agency pursuant to this rule.

(e) "Services" means the installation, calibrating, repairing, maintaining, or performing a radiation protection survey of an x-ray producing machine or an associated x-ray component.

(3) Registration Procedure.

(a) Every person who possesses an x-ray producing machine shall register the machine with the Agency by June 1, 1965. Every person not already registered who acquires possession of an x-ray producing machine subsequent to June 1, 1965, shall register with the Agency prior to acquiring an x-ray machine.

(b) Every person possessing an x-ray producing machine shall renew such registration with the agency at such times as the Agency shall deem necessary.

(c) Registration and renewal of registration shall be made on a form furnished by the Agency (Alabama State Board of Health). The registration shall set forth all information called for by the form.

(d) Within thirty (30) days of change, the registrant shall report to the Agency of any change in the name or address of the registrant or location of the installation; receipt, sale, or disposal of any reportable source of radiation.

(e) Every registrant who permanently discontinues the use of, or permanently disposes of all his x-ray producing machines at an installation, shall notify the Agency within thirty (30) days of such action.

(f) No person, in any advertisement, shall refer to the fact that an x-ray producing machine is registered with the Agency and no person shall state or imply that any activity so registered has been approved by the Agency.

(g) Each person who commercially services an x-ray producing machine in this State, to an Agency registrant, shall apply for the registration of such services with the Agency not later than October 1, 1974, thereafter prior to furnishing or offering to furnish any such services. Such registration shall indicate the training of each individual in the subjects listed in Appendix A. Such registration is also subject to the requirements of paragraphs (b), (c), (d), (e), and (f) of this section.

(4) Exclusion from Registration. The following materials and devices do not require registration:

(a) Electrical equipment that is not primarily intended to produce radiation and that does not produce a radiation level greater than 0.5 mr/hr at any readily accessible point 5 centimeters from the surface. Such equipment shall not be exempt if it is used or handled in such a manner that any individual might receive a radiation dose exceeding the limits specified in these rules.

(b) All radioactive material.

(c) Radiation producing machines while in transit or storage incident thereto.

(5) Vendor Obligations.

(a) Any person who sells, leases, transfers, or lends x-ray producing machines in this State shall notify the Agency (Alabama State Board of Health) within thirty (30) days after the end of each calendar quarter of:
1.
(i) The name and address of persons who have received these machines;

(ii) The manufacturer and model of each machine transferred;

(iii) The date of transfer of each x-ray machine.

2. Negative reports shall be furnished to the Agency (Alabama State Board of Health) within thirty (30) days after the end of each calendar quarter.

(b) No person shall sell, lease, transfer, or install x-ray equipment or the accessories used in connection with such equipment unless such accessories and equipment, when properly placed in operation and properly used, will meet the requirements of these rules. This includes responsibility for the delivery of cones or collimators, filters, adequate timers, and fluoroscopic shutters. Further, no person shall sell, lease, deliver, install, or place in operation any x-ray equipment at any facility or for any person not registered with the Agency.

(6) Out-of-State X-ray Producing Machines. Whenever any x-ray producing machine is brought into the State for any temporary use the person proposing to bring such machine into the state shall give written notice to the Agency (Alabama State Board of Health) at least two (2) days before such machine enters the State. The notice shall include the type of x-ray producing machine; the nature, duration, and scope of use; and the exact location where the x-ray producing machine is to be used. If for a specific case the two (2) day period would impose an undue hardship on the person, he may upon application to the Agency (Alabama State Board of Health) obtain permission to proceed sooner. In addition, the out-of-state person must:

(a) Comply with all applicable rules of the Agency (Alabama State Board of Health); and

(b) Supply the Agency (Alabama State Board of Health) with such other information as the Agency (Alabama State Board of Health) may reasonably request.

(7) Plan Review.

(a) Prior to construction, the floor plans and equipment of all installations (new modification of existing installations after January 1, 1977) utilizing x-rays for diagnostic or therapeutic purposes shall be submitted to the Agency for review and approval. The required information is denoted in Appendices B and C of this Rule.

(b) The Agency may require the applicant to utilize the services of a qualified expert to determine the shielding requirements prior to the plan review and approval.

(c) The approval of such plans shall not preclude the requirement of additional modifications should a subsequent analysis of operating conditions indicate the possibility of an individual receiving a dose in excess of the limits prescribed in 420-3-26-.03(2), 420-3-26-.03(5), and 420-3-26-.03(6).

(8) Modification, Suspension, and Termination of a Registration or Activities Registered.

(a) A registration or activity registered shall be subject to amendment, revision, or modification or such activities may be suspended or terminated by reason of amendment to the Act, or by reason of rule, regulations, and orders issued by the Agency.

(b) Any registration or activity registered may be terminated, suspended, or modified in whole, or part, for any material false statement in the application, or because of conditions revealed by such application or statement of fact or any report, records, or inspection or other means which would warrant the Agency to refuse to grant a registration on an original application, or for violation of, or failure to observe any of the terms and conditions of the Act, or the regulations, or of any rule, regulation, or order of the Agency.

(c) Except in case of willfulness or those in which the public health interest or safety requires otherwise, no registration or activity registered shall be modified, suspended, or terminated, unless prior to the institution of proceedings therefore, facts or conduct which may warrant such action shall have been called to the attention of the registrant in writing and the registrant shall have been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.

18 See Rule 420-3-26-.08 for the registration requirements for particle accelerators

Filed September 1, 1982. Readopted with amendments filed October 24, 1983. Amended Filed January 19, 1990.

Author: Karl David Walter

Statutory Authority: Code of Ala. 1975, §§ 22-14-4, 22-14-6, 22-14-7, 22-14-8, 22-14-9, 22-14-11, 22-14-12, 22-14-13, and 22-14-14, also 22-2-1, 22-2-2, 22-2-5, 22-2-6.

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