Current through Register Vol. 43, No. 12,
March 20, 2024
(a)
Waiver of requirements. Compliance with the specific requirements of these
regulations relative to an existing machine or installation may be waived by
the secretary if the registrant provides an alternative to the requirement that
provides radiation protection equal to that prescribed in part 4 of these
regulations.
(b) Responsibility to
meet requirements. A person shall not make, sell, lease, transfer, lend, or
install X-ray or fluoroscopic equipment, or the supplies used in connection
with this equipment, unless both of the following conditions are met:
(1) Those supplies and equipment, when
properly placed in operation and properly used, will meet the requirements of
parts 1, 4, and 5 and the applicable regulations under parts 7, 8, and 10 of
these regulations.
(2) The person
delivers, if applicable, cones or colli-mators, filters, appropriate timers,
and fluoroscopic shutters.
(c) Limitations on human use. An individual
shall not be exposed to the useful beam, unless the exposure is for healing
arts purposes and each exposure has been authorized by one of the following:
(1) A licensed practitioner of the healing
arts;
(2) a physician assistant
licensed by the state board of healing arts, when working under the supervision
and direction of a person licensed to practice medicine or surgery;
(3) an advanced registered nurse practitioner
who holds a certificate of qualification from the state board of nursing, when
working under the supervision and direction of a person licensed to practice
medicine or surgery; or
(4) an
individual licensed to practice dentistry or podiatry within the authority
granted to the individual by Kansas licensing laws applying to dentists and
podiatrists.
(d)
Prohibited uses. Deliberate exposure for the following purposes shall be
specifically prohibited:
(1) Exposure of an
individual for patient positioning, training, demonstration, or other purposes,
unless a healing arts purpose exists and a proper prescription has been
provided; and
(2) exposure of an
individual for the purpose of healing arts screening without the prior written
approval of the department, except mammography screening, if the facility is
certified to perform mammography by the food and drug administration. Each
person requesting approval for healing arts screening shall submit the
information outlined in K.A.R. 28-35-255. Each person requesting approval for a
healing arts screening shall notify the department within 30 days if any of the
information submitted becomes invalid or outdated.
