New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 4000 - NEW HAMPSHIRE RULES FOR THE CONTROL OF RADIATION
Part He-P 4040 - REGISTRATION OF RADIATION MACHINES, MAGNETIC RESONANCE IMAGING MACHINES AND PROVIDERS OF SERVICES
Section He-P 4040.11 - Reciprocal Recognition of Out-of-State Radiation and MRI Machines

Universal Citation: NH Admin Rules He-P 4040.11

Current through Register No. 40, October 3, 2024

(a) A person proposing to bring any radiation or MRI machine into New Hampshire from another state, for any use, shall apply to DHHS/RHS in writing at least 3 business days prior to use of the machine in the state.

(b) Any radiation or MRI machine used for demonstration purposes shall follow He-P 4040.11.

(c) Application for recognition of a person proposing to bring an out-of-state machine into New Hampshire shall be made on FORM DHHS/RHS-RP "Registration for Reciprocal Recognition of Out-of-State Machines" (May, 2015) provided by DHHS/RHS.

(d) The applicant shall provide, with the application, a fee equal to half the annual fee set out in He-P 4070.06, for each radiation or MRI machine the applicant proposes to bring into the state with the first application for that type of radiation or MRI machine in the calendar year.

(e) The reciprocity fee required by (d) above shall cover a period of one year from the time of application, at which time a new fee submittal shall be required.

(f) In the event an applicant proposes subsequently to bring into the state in the same calendar year a machine with a higher annual fee, the applicant shall provide with the application a fee equal to half the difference between the fees of the 2 types of machines.

(g) DHHS/RHS shall not grant approval to any application for an out-of-state radiation or MRI machine requiring a fee, if the fee does not accompany the application.

(h) DHHS/RHS shall refund the fee accompanying any application requiring one if it does not grant approval for that application.

(i) The applicant shall apply in writing for a waiver to use an out-of-state radiation or MRI machine with less than 3-business days prior written notification.

(j) DHHS/RHS shall grant a waiver of the 3-business day application limit on determining that adherence to the limit would endanger an individual's or the public's health and safety.

(k) The person entering the state under reciprocity shall:

(1) Comply with the rules in this chapter as they relate to radiation or MRI machines, their operators, and operations of the machines;

(2) Supply additional information as requested by DHHS/RHS for the purposes of protecting public and worker health and safety and ensuring the safe use of machines within the state; and

(3) Not operate an out-of-state machine within the state under reciprocity in excess of 180 calendar days per year.

(l) Any radiation or MRI machine shall be subject to unannounced inspection by DHHS/RHS during the duration of the out-of-state recognition of reciprocal registration.

#6827, eff 8-6-98; ss by #7919, eff 7-18-03; ss by #9945-A, eff 6-22-11

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