Current through Reg. 50, No. 187; September 24, 2024
(1)
Exemptions.
(a) Electronic equipment that
produces radiation incidental to its operation for other purposes is exempt
from registration registration requirements if the dose equivalent rate
averaged over an area of 10 square centimeters does not exceed 0.5 mR (5
µSv) per hour at 5 centimeters from any accessible surface of the
equipment. The production, testing or factory servicing of such equipment shall
not be exempt.
(b) Radiation
machines that are non-operational and under the control of a registered vendor
prior to final installation are exempt from the registration and fee
requirements of this section.
(2) Application and Fees for Registration of
Radiation Machines.
(a) Each person who
acquires a radiation machine or an additional radiation machine shall:
1. Apply for registration of the radiation
machine with the Department within 30 days after acquisition and before use.
Application for registration shall be on DH Form 1107, 10/15, "Radiation
Machine Facility Registration, " which is herein incorporated by reference and
available from the internet at
http://www.floridahealth.gov/radiation,
or at
https://www.flrules.org/Gateway/reference.asp?No=Ref-06528.
2. Designate an individual who will be
responsible for radiation protection.
3. Prohibit any person who is not registered
with the department as a provider of services as specified in (3), below, from
furnishing radiation machine servicing or services to his radiation
machine.
(b) Registration
fees are due within 30 days after acquiring a radiation machine. If the machine
is acquired within 120 days before the October 28 annual renewal date, the
registration fee will be due on or before October 28 and will be the annual
renewal fee. Otherwise, the renewal fee is due annually on or before October
28.
(c) An annual fee for the
registration and inspection of radiation machines shall be paid according to
the following schedule:
|
First Tube/Unit
|
Each Additional Tube/Unit
|
Medical or Chiropractic or Osteopathic
|
$145.00
|
$85.00
|
Veterinary One Tube
|
$50.00
|
$34.00
|
Educational or Industrial
|
$47.00
|
$23.00
|
Dental or Podiatry
|
$31.00
|
$11.00
|
Medical Accelerator
|
$258.00
|
$148.00
|
Non-Medical Accelerator
|
$81.00
|
$48.00
|
(3) Application for Registration of Servicing
and Services.
(a) Each person who installs or
offers to install radiation machines or furnishes or offers to furnish
radiation machine servicing or services in Florida shall apply to the
Department to register such services before furnishing or offering to furnish
such services.
(b) Application for
registration shall be completed on DH Form 1113, 09/14, "Radiation Machine
Vendor Registration Form, " which is herein incorporated by reference and is
available from the internet at
http://www.floridahealth.gov/radiation,
and at
https://www.flrules.org/Gateway/reference.asp?No=Ref-05442.
(c) Services include the installation or
servicing of radiation machines and associated radiation machine
components.
(4) Report of
Changes. The registrant shall report in writing within 30 days any changes to
the information in the Certificate of Registration. The report shall include
name, address of installation change, receipt, sale, transfer, or disposal of
any radiation machine or major component.
(5) Assembler or Transferor Obligation.
(a)
1. Any
registrant or person who sells, leases, transfers, relocates, lends or disposes
of one or more radiation machines or major components of one or more such
machines shall notify the Department within 15 days after such action.
Notification shall be made on DH Form 1107, 10/15, "Radiation Machine Facility
Registration."
2. Any assembler who
relocates, assembles, installs or disposes of one or more radiation machines or
major components of one or more such machines shall notify the Department
within 15 days after such action. Notification shall be made on DH Form 1114,
10/15, "Report of Assembly of Certified or Non-Certified X-Ray Systems, " which
is herein incorporated by reference and available from the internet at
http://www.floridahealth.gov/radiation
and at
https://www.flrules.org/Gateway/reference.asp?No=Ref-06529,
or a similar form which captures all the information required on DH Form 1114,
10/15.
(b) No person
shall sell, offer to sell, lease, transfer, lend or install radiation machines
unless such machines meet the requirements of these
regulations.
(6)
Out-of-State Radiation Machines.
(a) Any
person proposing to bring a radiation machine into Florida shall notify the
Department in writing at least 10 days before the machine is to be used in the
state. The notice shall include the type of radiation machine; the nature,
duration and scope of use; and the exact location where the radiation machine
will be used.
(b) Any person
proposing to bring a radiation machine into Florida shall register the machine
with the department and pay the registration fee.
(c) Any out-of-state person using a radiation
machine in Florida shall notify the department when the use of the machine has
been completed.
(7)
Enforcement. The General Statement of Policy and Procedure for Radiation
Machine Enforcement Actions, September 2014, which is herein incorporated by
reference, will be used to determine enforcement actions to be taken. This
publication can be obtained from the internet at
http://www.floridahealth.gov/radiation,
and at https://www.flrules.org/Gateway/reference.asp?No=Ref-05444.
Rulemaking Authority 404.051, 404.131, 404.22 FS. Law
Implemented 404.071, 404.091, 404.101, 404.131, 404.141, 404.161, 404.162,
404.163, 404.22 FS.
New 12-12-96, Formerly 10D-91.612, Amended 8-16-07, 6-3-15,
3-21-16.