justicedao/ipfs_state_laws huggingface dataset:
333-100-0050 Severability Should any section, subsection, paragraph, sentence, clause or phrase of these rules be declared unconstitutional or invalid for any reason, the remainder of these rules shall not be affected thereby. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 HD 4-1985, f. & ef. 3-20-85
333-100-0055 Records Each licensee and registrant must maintain records showing the receipt, transfer, and disposal of all sources of radiation. Additional record requirements are specified elsewhere in these rules. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-100-0057 Maintenance of Records Each record required by this division must be legible throughout the retention period. For the purposes of these rules and unless otherwise specified, records must be retained a minimum of five years. The record may be the original or a reproduced copy or a microfilm provided that the copy or microfilm is authenticated by authorized personnel and that the microfilm is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability of producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee must maintain adequate safeguards against tampering with and loss of records. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-100-0060 Inspections (1) Each licensee and registrant must afford to the Authority at all reasonable times opportunity to inspect sources of radiation and radioactive material and the premises and facilities wherein such sources of radiation and radioactive material are used or stored. (2) Each licensee and registrant must make available to the Authority for inspection, upon reasonable notice, records maintained pursuant to the rules in this chapter. (3) Within the available resources of the Authority, X-Ray machine registrants must be inspected at the following frequency based upon the class of X-ray machine(s) registered: (a) Every year: hospitals and radiologists. (b) Every two years: chiropractors, medical and osteopaths. (c) Every three years: academic, industrial, podiatry, and veterinary. (d) Every four years: dental. (4) Notwithstanding the above, the Authority may inspect more frequently as deemed necessary to protect public health and safety. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 16-2021, amend filed 04/21/2021, effective 04/21/2021 PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1995, f. & cert. ef. 4-26-95 HD 16-1994, f. & cert. ef. 6-27-94 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-100-0065 Tests Each licensee and registrant must perform, or permit the Authority to perform, such tests as the Authority deems appropriate or necessary for the administration of the rules in this division and divisions 101, 105, 106, 108, 109, 112, 113, 115, 116, 117, 119, 121, 122, and 123 of this chapter including, but not limited to, tests of: (1) Sources of radiation and radioactive material; (2) Facilities wherein sources of radiation and radioactive material are used or stored; (3) Radiation detection and monitoring instruments; and (4) Other equipment and devices used in connection with the utilization or storage of licensed or registered sources of radiation and radioactive material. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2010, f. & cert. ef. 2-16-10 PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-81-91 HD 4-1985, f. & cert. ef. 3-20-85
333-100-0070 Units of Exposure and Dose The Metric Conversion Act of 1975 (PL 94-168) urged the increasing awareness and use of the International System of Units (SI). The generally accepted regulatory values in the narrative portions of this document are followed by the SI equivalents in parentheses. Where appropriate, schedules and appendices are provided with notes concerning conversion factors. The inclusion of the SI equivalent is for informational purposes only. (1) The unit of exposure is the coulomb per kilogram (C/kg). One roentgen is equal to 2.58x10-4 coulomb per kilogram of air. (2) The units of radiation dose are: (a) Gray (Gy) is the SI unit of absorbed dose. One gray is equal to an absorbed dose of one joule per kilogram (100 rad); (b) Rad is the special unit of absorbed dose. One rad is equal to an absorbed dose of 100 erg per gram or 0.01 joule per kilogram (0.01 Gy); (c) Rem is the special unit of any of the quantities expressed as dose equivalent. The dose equivalent in rem is equal to the absorbed dose in rad multiplied by the quality factor (1 rem = 0.01 Sv). (d) Sievert is the SI unit of any of the quantities expressed as dose equivalent. The dose equivalent in sievert is equal to the absorbed dose in gray multiplied by the quality factor (1 Sv = 100 rem). (e) As used in these regulations, the quality factors for converting absorbed dose to dose equivalent are shown in 10 CFR 20 Part 20.1004 Table 1004(b).1. (3) If it is more convenient to measure the neutron fluence rate than to determine the neutron dose equivalent rate in rem per hour or sieverts per hour, as provided in (2)(c) of this rule, one rem (0.01 Sv) of neutron radiation of unknown energies may, for purposes of the regulations in this part, be assumed to result from a total fluence of 25 million neutrons per square centimeter incident upon the body. If sufficient information exists to estimate the approximate energy distribution of the neutrons, the licensee may use the fluence rate per unit dose equivalent or the appropriate Q value from 10 CFR 20 part 20.1004 Table 1004(b).2 (at the end of this division) to convert a measured tissue dose in gray or rad to dose equivalent in sievert rem. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 10-2011, f. 9-30-11, cert. ef. 10-1-11 PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 15-1994, f. & cert. ef. 5-6-94 HD 1-1991, f. & cert. ef. 1-8-91
333-100-0080 Deliberate Misconduct (1) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor, of any licensee, or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's or applicant’s activities subject to this rule; may not: (a) Engage in deliberate misconduct that causes or, but for detection, would have caused, a licensee or applicant to be in violation of any rule, regulation, or order, or any term, condition, or limitation of any license, issued by the Authority; or (b) Deliberately submit to the Authority, a licensee, an applicant or a licensee's or applicant’s contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Authority. (2) A person who violates subsection (1)(a) or (1)(b) of this rule may be subject to enforcement action in accordance with OAR 333-100-0035. For purposes of subsection (1)(a) of this rule, deliberate misconduct by a person means an intentional act or omission that the person knows: (a) Would cause a licensee or applicant to be in violation of any rule, regulation, or order, or any term, condition, or limitation, of any license issued by the Authority; or (b) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of a licensee, contractor, or subcontractor. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.625 - 453.807 History: PH 234-2018, amend filed 08/02/2018, effective 08/16/2018 PH 12-2017, amend filed 10/25/2017, effective 10/25/2017 PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-101-0001 Purpose and Scope (1) This division provides for the registration of radiation machines, general license radioactive materials, and for the licensing of persons providing radia-tion machine, radioactive material, or tanning installation, consultation, servicing, and/or services, and hospital radiology inspectors performing hospital X-ray machine inspections, unless such activities are subject to other divisions of these Rules. (2) In addition to the requirements of this division, all licensees, registrants, and accredited individuals are subject to the applicable provisions of other portions of these rules. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 3-1996, f. & cert. ef. 8-9-96 HD 1-1995, f. & cert. ef. 4-26-95 HD 15-1994, f. & cert. ef. 5-6-94 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-101-0003 Definitions (1) "Facility" means the location, building, vehicle, or complex under one administrative control, at which one or more devices or sources of radiation (X-ray, radioactive materials, or non-ionizing radiation) are installed. (2) "Health Physics Consultant" means a person, business, facility, or institution providing health physics knowledge and skills for a fee. A health physics consultant may not use or possess radioactive material without specific license authorization pursuant to OAR 333-102-0200. (3) "Inoperable" means disabling equipment such that ionizing radiation cannot be produced. This is accomplished by removing the X-ray tube, removal of the control unit, removal of the power supply or physical removal of the power cord on a free standing unit. (4) "Radiation machine services" means: (a) Installation, calibration and repair of radiation machines and associated radiation machine components; (b) Quality assurance testing of items such as collimation, HVL, kVp, mA, and time; (c) Radiation output of radiation machines; and (d) Providing applications training for installed radiation machines. (5) "Storage" means a condition in which a device or source is not being used for an extended period of time and has been made inoperable. (6) "Vendor" means a person, business, facility, or institution providing a product or service for a fee. Radiation vendors include, but are not limited to, machine salespersons, repair and technical personnel, training providers or marketing representatives who sell, demonstrate, or market X-ray machines or tanning beds and provide advice, consultation, service, or technical information to registrants. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.685 & ORS 453.761 History: PH 81-2021, amend filed 11/19/2021, effective 11/23/2021 PH 72-2020, amend filed 10/09/2020, effective 10/09/2020 PH 24-2014, f. & cert. ef. 8-15-14 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-101-0007 Application for General License Registration for Radioactive Materials Gauges, In Vitro Testing, Source Material, Reference and Calibration Sources, and Reciprocal Recognition of Specific Radioactive Materials License Except for specific licensees granted a general license under OAR 333-102-0340 for reciprocal use of specific license radioactive material, each person, pursuant to 333-102-0103, 333-102-0115(1), 333-102-0125, or 333-102-0130, having general license radioactive material must: (1) Apply for registration of such materials with the Authority within thirty (30) days of possession of such device, in vitro radioactive material used for testing, or source material. Application for registration must be completed on forms furnished by the Authority and must include the name of the general license supplier, installer, and service agent. (2) The general license registrant must notify the Authority within thirty (30) days of any change in information required in section (1) of this rule. (3) Each general license registrant must prohibit any person from furnishing servicing or services to any general license device until such person provides evidence that the servicing agent has been registered with the Authority as a provider of services in accordance with OAR 333-101-0020. (4) Each general license granted pursuant to OAR 333-102-0340 must provide the specific information required pursuant to that rule. Statutory/Other Authority: ORS 453.605 - ORS 453.807 Statutes/Other Implemented: ORS 453.605 - ORS 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1995, f. & cert. ef. 4-26-95
333-101-0010 Exemptions (1) Electronic equipment that produces radiation incidental to its operation for other purposes is exempt from the registration and notification requirements of this division, providing dose equivalent rate averaged over an area of 10 square centimeters does not exceed 5 microSv (0.5 millirem) per hour at five centimeters from any accessible surface of such equipment. The production, testing or factory servicing of such equipment is not exempt. (2) Radiation machines while in transit or inoperable are exempt from the requirements of this division. For the purposes of registration and fees, the Authority considers an X-ray unit to be inoperable only if the machine's X-ray tube (insert) has been removed or the machine disassembled. With the X-ray tube in place, and the machine assembled, the unit is considered to be operable. If a machine is "in storage," it must be registered and charged a registration fee. However, an "inoperable" machine need not be registered or assessed a fee. (3) Domestic television receivers are exempt from the requirements of this division. (4) Electron microscopes are exempt from the requirements of this division, provided that the dose equivalent rate, averaged over an area of 10 square centimeters, does not exceed 5 microSv (0.5 millirem) per hour at five centimeters from any accessible surface of the equipment. NOTE: Electron microscope: A type of microscope which uses electrons to produce magnified images and may therefore produce ionizing radiation incidental to its use. (5) Electron beam welding machines and electron beam furnaces are exempt from the requirements of this division, provided that the dose equivalent rate, averaged over an area of 10 square centimeters, does not exceed 5 microSv (0.5 millirem) per hour at five centimeters from any accessible surface of the equipment. (6) Persons licensed under OAR 333-102-0200 or equivalent specific licenses rules under an Agreement State or the U.S. Nuclear Regulatory Commission are exempt from this requirement. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1995, f. & cert. ef. 4-26-95 HD 15-1994, f. & cert. ef. 5-6-94 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-101-0015 Transfer or Disposal of Radiation Producing Machines or Equipment Whenever radiation producing machines or equipment, including general license devices containing radioactive material, are transferred or disposed of, the Authority must be notified in writing by the registrant within 30 days of the date of such transfer or disposal, and include the name and address of the person to whom it was transferred or its final disposition. NOTE: General License radioactive materials can only be transferred pursuant to requirements in OAR 333-102. Statutory/Other Authority: ORS 453.605 - 453.755 Statutes/Other Implemented: ORS 453.605 - 453.755 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1995, f. & cert. ef. 4-26-95 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-101-0023 Application for License of Sales, Consulting Services, and Servicing for Radioactive Materials Devices under General License (1) Each person who is engaged in the business of selling, installing, surveying, consulting, training, or servicing radioactive material in general license measuring, gauging, or controlling devices, or selling In Vitro testing kits, or source material, or is engaged in the business of furnishing or offering to furnish radioactive material consulting services in this state, must apply for license of such services with the Authority within 30 days following the effective date of this rule or thereafter prior to furnishing or offering to furnish any such services. (2) Application for a license must be completed on forms furnished by the Authority. (3) Each person applying for license under this division must specify: (a) That they have read and understand the requirements of these rules; (b) The services for which they are applying for license; and (c) The training and experience that qualify them or their technical staff to discharge the services for which they are applying for license. (4) All vendors must have measurement instruments that will assure compliance with all applicable standards, as well as instruments to properly check items such as collimation, time, and radiation output, or assure these tests are made by a qualified expert, and that the information is included in the installation report. (5) For the purpose of OAR 333-101-0020, services may include but must not be limited to: (a) Installation and/or servicing of radiation machines and associated radiation machine components; (b) Calibration of general license radioactive material used for measuring, gauging, or controlling; (c) Radiation protection or health physics consultations or surveys; and (d) Personnel dosimetry services (not otherwise licensed under these rules). (6) No individual shall perform services that are not specifically stated for that individual on the license application (certificate of validation or acknowledgement of validation) issued by the Authority. (7) Persons licensed under OAR 333-102-0200 (specific radioactive materials license) are exempt from these requirements. Statutory/Other Authority: ORS 453.605 - ORS 453.807 Statutes/Other Implemented: ORS 453.605 - ORS 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1995, f. & cert. ef. 4-26-95
333-101-0025 Out-of-State Radiation Machines (1) Whenever any radiation machine is to be brought into the state for any temporary use (a period not in excess of 30 days), the person proposing to bring such machine into the state must give written notice to the Authority (at least two working days) before such machine is to be used in the state. The notice must include: (a) The type of radiation machine; (b) The nature, duration and scope of use; (c) The exact locations where the radiation machine is to be used; and (d) The States in which this machine is registered. (2) If for a specific case, the two working-day period would impose an undue hardship on the person, upon application to the Authority, permission to proceed sooner may be granted. (3) The person referred to in section (1) of this rule must: (a) Comply with all applicable rules of the Authority; (b) Supply the Authority with such other information as the Authority may reasonably request; and (c) Not operate within the state on a temporary basis in excess of 180 calendar days per year. (4) Notwithstanding sections (1), (2) and (3) of this rule, registered general licenses for out-of-state radioactive material under specific license may be brought into the state for use at temporary jobsites only under the provisions of OAR 333-102-0340. Statutory/Other Authority: ORS 453.605 - ORS 453.807 Statutes/Other Implemented: ORS 453.605 - ORS 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1995, f. & cert. ef. 4-26-95 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-101-0035 Issuance of Notice of Registration for X-ray Machines (1) Upon a determination that an applicant meets the requirements of the rules, the Authority must issue a registration and/or a validation certificate. (2) The Authority 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 machines as it deems appropriate or necessary. (3) Prior to issuance of an X-ray machine registration to a hospital, the X-ray machine will be approved by an X-ray machine inspector employed by the Authority, or inspected by an accredited radiology inspector. (4) Prior to issuance of an X-ray machine registration to a facility other than a hospital, the X-ray machine must be approved by an X-ray machine inspector employed by the Authority. Statutory/Other Authority: ORS 453.605 - ORS 453.807 Statutes/Other Implemented: ORS 453.605 - ORS 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 3-1996, f. & cert. ef. 8-9-96 HD 1-1991, f. & cert. ef. 1-8-91
333-101-0040 Expiration of Notice of Registration (1) Except as provided by OAR 333-101-0045(2) each notice of registration shall expire at the end of the specified day in the month and year stated therein. (2) An X-ray machine registration shall terminate if the X-ray machine is relocated for use in a physical surrounding other than the physical surrounding it occupied when originally registered. (3) X-ray machine registrations are not transferrable to another person and shall terminate upon the transfer of the X-ray machine. Statutory/Other Authority: ORS 453.761 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 72-2020, amend filed 10/09/2020, effective 10/09/2020 HD 3-1996, f. & cert. ef. 8-9-96 HD 1-1991, f. & cert. ef. 1-8-91
333-101-0045 Renewal of Notice of Registration (1) Application for renewal of registration must be filed in accordance with OAR 333-101-0005 or 333-101-0020. (2) In any case in which a registrant has filed an application in proper form for renewal, not less than 30 days prior to the expiration of his existing notice of registration, such existing notice of registration shall not expire until the application status has been determined by the Authority. Statutory/Other Authority: ORS 453.605 - ORS 453.807 Statutes/Other Implemented: ORS 453.605 - ORS 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 15-1994, f. & cert. ef. 5-6-94 HD 1-1991, f. & cert. ef. 1-8-91
333-101-0050 Report of Changes The registrant must notify the Authority in writing before making any change which would render the information contained in the application for registration and/or the notice of registration no longer accurate. Statutory/Other Authority: ORS 453.605 - ORS 453.807 Statutes/Other Implemented: ORS 453.605 - ORS 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1991, f. & cert. ef. 1-8-91