reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 15 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS › Section 20.3.15.1524 - ATTENDANCE DURING OPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Both an irradiator operator, and at least one other individual who is trained
				on how to respond and prepared to promptly render or summon assistance if the
				access control alarm sounds, shall be present on-site:
(1) whenever the irradiator is operated using
				an automatic product conveyor system; and
(2) whenever the product is moved into or out
				of the radiation room when the irradiator is operated in a batch
				mode.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 15 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS › Section 20.3.15.1525 - ENTERING AND LEAVING THE RADIATION ROOM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon first entering the radiation room of
				a panoramic irradiator after an irradiation, the irradiator operator shall use
				a survey meter to determine that the source has returned to its fully shielded
				position. The operator shall check the functioning of the survey meter with a
				radiation check source prior to entry.
B. Before exiting from and locking the door
				to the radiation room of a panoramic irradiator prior to a planned irradiation,
				the irradiator operator shall:
(1) visually
				inspect the entire radiation room to verify that no one else is in it;
				and
(2) activate a control in the
				radiation room that permits the sources to be moved from the shielded position,
				only if the door to the radiation room is locked within a preset time after
				setting the control.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 15 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS › Section 20.3.15.1526 - IRRADIATION OF EXPLOSIVE OR FLAMMABLE MATERIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Irradiation of explosive material is
				prohibited, unless the licensee has received prior written authorization from
				the department. Authorization will not be granted, unless the licensee can
				demonstrate that detonation of the explosive would not rupture the sealed
				sources, injure personnel, damage safety systems or cause radiation
				overexposures of personnel.
B.
				Irradiation of more than small quantities of flammable material (flash point
				below 140 degrees F) is prohibited in panoramic irradiators, unless the
				licensee has received prior written authorization from the department.
				Authorization will not be granted, unless the licensee can demonstrate that a
				fire in the radiation room could be controlled without damage to sealed sources
				or safety systems and without radiation overexposures of personnel.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 15 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS › Section 20.3.15.1527 - RECORDS AND RETENTION PERIODS

Current through Register Vol. 35, No. 13, July 16, 2024
The licensee shall maintain the following records at the
				  irradiator for the periods specified.
A. A copy of the license, license conditions,
				documents incorporated into a license by reference, and amendments thereto
				until superseded by new documents or until the department terminates the
				license for documents not superseded.
B. Records of each individual's training,
				tests and safety reviews provided to meet the requirements of Subsections A, B,
				C, D, F and G of 20.3.15.1517 NMAC, until 3 years after the individual
				terminates work.
C. Records of the
				annual evaluations of the safety performance of irradiator operators required
				by Subsection E of 20.3.15.1517 NMAC for 3 years after the
				evaluation.
D. A copy of the
				current operating and emergency procedures required by 20.3.15.1518 NMAC, until
				superseded or the department terminates the license. Records of the radiation
				safety officer's review and approval of changes in procedures as required by
				Paragraph (3) of Subsection C of 20.3.15.1518 NMAC retained for 3 years from
				the date of the change.
E.
				Evaluations of personnel dosimeters required by 20.3.15.1519 NMAC until the
				department terminates the license.
F. Records of radiation surveys required by
				20.3.15.1520 NMAC for 3 years from the date of the survey.
G. Records of radiation survey meter
				calibrations required by 20.3.15.1520 NMAC, and pool water conductivity meter
				calibrations required by Subsection B of 20.3.15.1523 NMAC until 3 years from
				the date of calibration.
H. Records
				of the results of leak tests required by Subsection A of 20.3.15.1521 NMAC, and
				the results of contamination checks required by Subsection B of 20.3.15.1521
				NMAC for 3 years from the date of each test.
I. Records of the results of leak tests
				required by 20.3.15.1522 NMAC for 3 years.
J. Records of major malfunctions, significant
				defects, operating difficulties or irregularities, and major operating problems
				that involve required radiation safety equipment for 3 years after repairs are
				completed.
K. Records of the
				receipt, transfer and disposal of all licensed sealed sources as required by
				20.3.1.108 NMAC.
L. Records on the
				design checks required by 20.3.15.1515 NMAC, and the construction control
				checks as required by 20.3.15.1516 NMAC until the license is terminated. The
				records must be signed and dated. The title or qualification of the person
				signing must be included.
M.
				Records related to decommissioning of the irradiator as required by 20.3.3.311
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 15 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS › Section 20.3.15.1528 - REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to
				the reporting requirements in other parts these regulations (20.3 NMAC), the
				licensee shall report the following events, if not reported under other parts
				these regulations (20.3 NMAC):
(1) source
				stuck in an unshielded position;
(2) any fire or explosion in a radiation
				room;
(3) damage to the source
				racks;
(4) failure of the cable or
				drive mechanism used to move the source racks;
(5) inoperability of the access control
				system;
(6) detection of radiation
				source by the product exit monitor;
(7) detection of radioactive contamination
				attributable to licensed radioactive material;
(8) structural damage to the pool liner or
				walls;
(9) abnormal water loss or
				leakage from the source storage pool; and
(10) pool water conductivity exceeding 100
				microsiemens per centimeter.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 16 - FEES FOR LICENSURE OF RADIOACTIVE MATERIALS › Section 20.3.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This Part
				applies to those entities or activities which require licensure in accordance
				with Chapter 3, Title 20 NMAC.
B.
				The requirements of this Part are in addition to, and not in substitution for,
				other applicable requirements of the regulations in Chapter 3, Title 20
				NMAC.
C. This Part does not apply
				to those activities that the U.S. Nuclear Regulatory Commission (NRC) reserved
				exclusively for federal regulation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 16 - FEES FOR LICENSURE OF RADIOACTIVE MATERIALS › Section 20.3.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 74-1-8.A(5) and Section 74-3-5.A(2) NMSA
				  1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 16 - FEES FOR LICENSURE OF RADIOACTIVE MATERIALS › Section 20.3.16.8 - INTERPRETATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as specifically authorized by the department in
				  writing, no interpretation of the regulations in this part by an officer or
				  employee of the department, other than a written interpretation by the general
				  counsel, will be recognized as binding on the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 16 - FEES FOR LICENSURE OF RADIOACTIVE MATERIALS › Section 20.3.16.9 - CONSUMER PRICE INDEX ADJUSTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Starting in fiscal year 2027, then in each subsequent
				  calendar year, all fees in this Part shall be increased pursuant to the
				  provisions in this Part if there is an increase in the unadjusted consumer
				  price index (CPI) for all urban consumers, United States city average for all
				  items, or its successor index, as published by the U.S. Bureau of Labor
				  Statistics or its successor agency. The increase shall be measured by the
				  percentage increase of the consumer price index as of October of the
				  immediately preceding year over the level of the consumer price index as of
				  October of the next previous year and shall be rounded up to the nearest
				  dollar. A fee increase shall take effect on July 1 of the year in which the fee
				  schedule is adjusted. In the event there is a decrease or absence of change in
				  the CPI, fees shall remain the same until the next increase in CPI as described
				  in this paragraph.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 16 - FEES FOR LICENSURE OF RADIOACTIVE MATERIALS › Section 20.3.16.10 - ANNUAL FEE SCHEDULE, LICENSE APPLICATION FEES, AMENDMENT APPLICATION FEES, AND ANNUAL FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall develop and publish a current fee schedule each year by May 1
				to take effect by July 1 of the same year. The fee schedule will list current
				license application fees, amendment application fees, annual fees, and
				termination request fees.
B. Each
				Location of Use. All fees in this Part apply to each location of use listed on
				the license. The licensee shall pay the cumulative amount owed for each
				location of use for each license held by the licensee.
C. License Applications.
(1) An application fee shall be charged for
				new licenses, renewals of licenses, and applications to reinstate expired,
				terminated, or inactive licenses. Each application for which a fee is
				prescribed must be accompanied by a remittance of the full amount of the fee
				prior to department review.
(2)
				Fees are charged regardless of whether the application is approved, denied, or
				withdrawn.
(3) Applications for
				licenses covering more than one fee category of special nuclear material or
				source material or byproduct material must be accompanied by the prescribed
				application fee for each applicable fee category.
(4) Applications for new licenses that cover
				both byproduct material and special nuclear material in sealed sources for use
				in gauging devices will pay the appropriate application fee for the fee
				category specified in paragraph 1 of Subsection B of
				20.3.16.12 NMAC and in Subsection
				D of 20.3.16.12 NMAC.
(5) After the department approves an
				application for a new license, the applicant shall pay the full amount of
				annual fees due, regardless of the month of issuance of license, prior to
				commencing operations under the new license.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 16 - FEES FOR LICENSURE OF RADIOACTIVE MATERIALS › Section 20.3.16.11 - CATEGORIES OF MATERIALS LICENSES, APPLICATION FEES AND ANNUAL FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The categories
				of materials licenses for which fees are due for each location of use are
				listed below in this section. For each category of materials license, the FY 25
				and FY 26 application fee and FY 25 and FY 26 annual fee amounts are listed.
				Starting in FY 27, all license application fees and annual fees charged in FY
				26 will be subject to the CPI adjustment described in this Part. Since the
				amendment application fees are calculated based on the license application
				fees, no additional CPI adjustment applies to amendment application
				fees.
B. Special nuclear material:
(1) Licenses for possession and use of
				special nuclear material of less than a critical mass, as defined in Code of
				Federal Regulations 10 CFR
				70.4, in sealed sources contained in devices
				used in industrial measuring systems, including x-ray fluorescence analyzers:
(a) License application fee: $1,300 for FY 25
				and $1,300 for FY 26; and
(b)
				Annual fee: $1,200 for FY 25 and $2,400 for FY 26.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 16 - FEES FOR LICENSURE OF RADIOACTIVE MATERIALS › Section 20.3.16.12 - SMALL ENTITIES AND ANNUAL FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee may qualify as a small entity
				pursuant to the provisions of this section and receive a refund of a portion of
				annual fees paid following the submission of certification and documentation
				with the annual fee payment. The submission of certification and documentation
				of being a small entity after the due date of the annual fee payment will not
				allow the licensee to qualify as a small entity until the following year in
				which the next annual fee payment is due. To qualify as a small entity, an
				entity must provide appropriate documentation that it meets the size standards
				and gross income standards described in 20.3.16.12.
B. Small entity criteria.
(1) A small business that is a for-profit
				entity providing services or products and:
(a) earned average gross receipts of $8
				million or less over its last 3 completed fiscal years and is not engaged in
				manufacturing; or
(b) is a
				manufacturing concern with an average number of 500 or fewer employees based
				upon employment during each pay period for the preceding 12 calendar months;
				or
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 16 - FEES FOR LICENSURE OF RADIOACTIVE MATERIALS › Section 20.3.16.13 - PRORATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				proration is to bring all licensees to an annual fee due date of July 1 of each
				year, beginning July 1, 2024. For licenses issued prior to July 1, 2024, the
				annual fees shall be prorated by multiplying the number of complete and partial
				months between the anniversary date of the license issuance and July 1, 2024 by
				the calculated monthly amount of the annual fees due. The resulting calculation
				of prorated annual fees will be rounded up to the nearest dollar and be due,
				along with the FY 25 annual fee, on July 1, 2024.
B. After July 1, 2024, there will be no
				proration, and:
(1) new licensees must pay the
				full amount of annual fees, regardless of the month of license
				issuance;
(2) existing licensees
				must pay the full amount of annual fees on July 1 of each year, regardless of
				the anniversary date of license issuance; and
(3) licensees who terminate their licenses
				will not receive a refund of annual fees paid.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 16 - FEES FOR LICENSURE OF RADIOACTIVE MATERIALS › Section 20.3.16.14 - PAYMENT, COLLECTION AND COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Payments of fees and costs shall be in the form of an online payment or a check
				or money order made payable to the Radiation Protection Fund at the address
				shown on the application, license, registration, or the invoice issued by the
				department or online payments service providers authorized by the department to
				collect payments.
B. In the event
				that fees and costs are not paid within 30 days of the applicable due date, all
				outstanding fee balances become due and payable, along with a ten percent
				penalty cost and the costs of collection, to be charged each month until all
				fees and costs are paid. The penalty and collection costs shall be calculated
				from the original due date of the outstanding fee balances.
C. Non-compliance with Chapter 3, Title 20
				NMAC, the Radiation Protection Act or license requirements, regardless of
				whether the generator has a current license or generator activities have
				ceased, requires a generator to cease and desist generator activities and
				subjects the generator to administrative compliance costs for enforcement of
				Chapter 3, Title 20 NMAC, civil penalties of up to $15,000 per day and other
				remedies available under law and Chapter 3, Title 20 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 16 - FEES FOR LICENSURE OF RADIOACTIVE MATERIALS › Section 20.3.16.15 - LICENSE TERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For
				each license termination, the licensee shall inform the department of the
				intention to terminate the license and shall follow the termination procedures
				in Chapter 3, Title 20 NMAC and any other requirements set by the
				department.
B. Upon the
				department's determination that all conditions for termination have been met,
				the department shall issue an invoice for a termination fee in an amount equal
				to the application fee that would be charged for the license in the fiscal year
				of the termination request. The department shall issue a license termination
				within 30 days of receipt of total payment of owed fees and costs.
C. Until the department issues the license
				termination, annual fees and all other outstanding fees and costs under this
				Part are the continued obligation of the licensee, regardless of whether the
				license has expired or the licensed activities have ceased.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 16 - FEES FOR LICENSURE OF RADIOACTIVE MATERIALS › Section 20.3.16.16 - ANNUAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
By October 1 of each year, the department shall perform a
				  review of the fees and costs required by this part and shall provide a report
				  of the review to the chair of the New Mexico radiation technical advisory
				  council (RTAC).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Medical Imaging and Radiation Therapy Health and Safety Act,
				  Sections
				  61-14E-1
				  to
				  61-14E-12
				  NMSA 1978, Section
				  74-1-8
				  NMSA 1978, and the Uniform Licensing Act, Sections
				  61-1-1 to
				  61-1-34
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To maximize the protection practicable for the citizens of
				  New Mexico from ionizing and nonionizing radiation in the practice of medical
				  imaging and radiation therapy by establishing requirements for appropriate
				  education and training of individuals operating medical equipment emitting
				  ionizing and non-ionizing radiation, establishing standards of education and
				  training for the individuals who perform medical imaging and radiation therapy
				  procedures, and providing for the appropriate examination and licensure of
				  those individuals.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part (20.3.20 NMAC).
A. "
Act"
means the Medical
				Imaging and Radiation Therapy Health and Safety Act, Sections
				61-14E-1
				to
				61-14E-12
				NMSA 1978.
B.
"Advisory
				council"
means the medical imaging and radiation therapy advisory
				council (MIRTAC).
C.
"Applying ionizing radiation"
means to use ionizing radiation for
				diagnostic or therapeutic purposes, including tasks having direct impact on the
				radiation burden of the patient, such as, but not limited to:
(1) positioning the patient, image receptor,
				and beam;
(2) selection of exposure
				factors or treatment parameters;
(3) preparation, calibration, and injection
				of pharmaceuticals and radiopharmaceuticals in accordance with a licensee's
				scope of practice; and
(4)
				actuating the production of radiation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.9 - ADMINISTRATION AND ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The administration and enforcement of the act and this part
				  (20.3.20 NMAC) is vested in the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.100 - LICENSE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Unlawful acts.
It is unlawful for an individual, other than an
				individual licensed by the department, or who is exempt under the provisions of
				the act, to:
(1) use ionizing or non-ionizing
				radiation for diagnostic, interventional, or therapeutic purposes on
				humans;
(2) use any title,
				abbreviation, letters, figures, signs, or other devices to indicate the
				individual is a medical imaging or radiation therapy professional; or
(3) engage in any of the medical imaging or
				radiation therapy modalities or subspecialties.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.101 - SCOPE OF PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				provisions.
(1) A licensee's scope of
				practice is determined based upon the licensee's education, certification, and
				state and federal law.
(2) The
				following are the different scopes of practice for a licensee that will be
				recognized by the department:
(a) Radiography
				- the current version of the American society of radiologic technologists
				radiography practice standards;
(b)
				Radiation therapy - the current version of the American society of radiologic
				technologists radiation therapy practice standards;
(c) Nuclear medicine technology - the current
				version of the American society of radiologic technologists nuclear medicine
				practice standards or society of nuclear medicine and molecular imaging scope
				of practice for nuclear medicine technologist;
(d) Magnetic resonance technology - the
				current version of the American society of radiologic technologists magnetic
				resonance practice standards;
(e)
				Radiologist assistant - the current version of the American society of
				radiologic technologists radiologist assistant practice standards;
(f) Sonography - the current version of the
				American society of radiologic technologists sonography practice standards or
				the society of diagnostic medical sonography scope of practice and clinical
				standards for the diagnostic medical sonographer;
(g) Limited practice of radiography license
				or certificate of limited practice - the current version of the American
				society of radiologic technologists limited x-ray machine operator practice
				standards; or
(h) Computed
				tomography-the current version of the American society of radiologic
				technologists computer tomography practice standards and the society of nuclear
				medicine and molecular imaging.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.200 - APPROVED EDUCATIONAL PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Approved program for a medical
				imaging or radiation therapy license
: An approved program for medical
				imaging or radiation therapy includes:
(1) an
				educational program in a medical imaging or radiation therapy modality that is
				programmatically accredited by an accreditation agency recognized by the also
				recognized by the board pursuant to
				20.3.20.220 NMAC; or
(2) an educational program in a medical
				imaging or radiation therapy modality that is in the process of preparing for
				programmatic accreditation by an accreditation agency recognized by the USDE or
				CHEA and also recognized by the board pursuant to
				20.3.20.220 NMAC. This
				programmatic accreditation by an accreditation agency must be attained within
				five years of the effective date of this section or within five years of the
				establishment of a new educational program.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.220 - RECOGNIZED PROGRAMMATIC ACCREDITATION ORGANIZATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Programmatic accreditation.
To be recognized by the board, an educational program accreditation
				agency must:
(1) be recognized by the USDE or
				CHEA; and
(2) provide programmatic
				accreditation for the medical imaging or radiation therapy modality offered by
				the educational program.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.300 - RECOGNIZED CREDENTIALING ORGANIZATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The board recognizes the following medical imaging and
				  radiation therapy credentialing organizations in each modality defined by the
				  act including:
A. computed tomography:
				ARRT.
B. diagnostic medical
				sonography:
(1) ARDMS;
(2) ARRT; or
(3) CCI.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.301 - RECOGNIZED CREDENTIALS AND CERTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The board recognizes the following medical imaging and
				  radiation therapy credentials and certifications for each type of license
				  issued by the department:
A. fusion
				imaging- restricted to PET/CT medical imaging procedures only:
(1) (CNMT) (NMTCB) and (CT)(NMTCB);
(2) R.T. (ARRT)(N) and (ARRT)(CT);
(3) R.T. (ARRT)(N) and (NMTCB)(CT);
				or
(4) R.T. (ARRT)(R) and
				(NMTCB)(PET).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.310 - LIMITED PRACTIC

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Limited practice in radiography.
An individual seeking a license
				for the limited practice of radiography shall submit an application and
				applicable fee to the department, successfully complete an approved limited
				radiography program pursuant to Subsection B of
				20.3.20.200
				NMAC, and take and pass the state examination pursuant to Subsections D and E
				below. Individuals that are enrolled in an approved limited practice
				radiography program shall perform their required clinical radiography
				procedures under the direct supervision of a licensed physician or licensed
				radiographer. A licensee with a limited practice of radiography license shall
				perform restricted diagnostic radiography under direct supervision of a
				licensed practitioner limited to the following specific procedures
(1) the viscera of the thorax;
(2) extremities;
(3) radiation to humans for diagnostic
				purposes in the practice of dentistry;
(4) axial/appendicular skeleton; or
(5) the foot, ankle, or lower leg.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.320 - LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Licensure
				Requirements.
An applicant for a medical imaging or radiation therapy
				license shall submit the required application to the department; the applicable
				application fee located in
				20.3.20.501 NMAC,
				and shall be currently certified and registered by a medical imaging or
				radiation therapy credentialing organization recognized by the board.
B.
Registration number.
The
				department shall assign a department registration number to each licensee
				regardless of the number of modalities and subspecialties licensed. The
				department registration number shall be listed on each certificate of licensure
				issued by the department.
C.
Term for licenses issued prior to the 15
th
of the
				month.
The license term for licenses issued prior to the 15th of the
				month will:
(1) be for 24 months;
(2) begin on the date the license is issued;
				and
(3) end on the last day of the
				month the license was issued.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.321 - TEMPORARY LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Temporary license.
The purpose of a temporary license is to allow an
				individual who has completed an approved program pursuant to
				20.3.20.200
				NMAC to practice medical imaging or radiation therapy prior to sitting for
				their national examination with one of the medical imaging and radiation
				therapy credentialing organizations outlined in
				20.3.20.300 NMAC.
				The department may grant a temporary license to practice medical imaging or
				radiation therapy to an individual who:
(1)
				provides documentation to the department that the individual has completed an
				approved program pursuant to
				20.3.20.200
				NMAC;
(2) submits an application
				for a temporary license to the department within one year of the individual's
				program completion date from an approved program;
(3) submits the applicable fees for a
				temporary license pursuant to Paragraph G of
				20.3.20.501
				NMAC to the department within one year of the program completion date from an
				approved program;
(4) provides the
				name and contact information of each employer where medical imaging or
				radiation therapy is performed by the individual; and
(5) meets all other applicable licensure
				requirements of the act and this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.322 - PROVISIONAL LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Provisional license.
The department may grant a provisional
				license to practice medical imaging to an individual who:
(1) submits an application to the department;
				and
(2) follows training pathways
				established by one of the following recognized national certification
				organizations:
(a) ARRT;
(b) ARDMS;
(c) ARMRIT;
(d) CCI; or
(e) NMTCB.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.330 - CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Continuing education.
(1) During
				the license term, a limited practice of radiography licensee must complete 24
				hours or credits of category A or A+ continuing education approved by a RCEEM
				recognized by the ARRT. Documentation of completion of the required continuing
				education must be submitted to the department with each renewal
				application.
(2) During the license
				term, a medical imaging, a radiation therapy, or a radiologist assistant
				licensee, other than a limited practice of radiography licensee, must comply
				with all continuing education, continuing competency, and registration
				requirements of the credentialing organization for which they hold a credential
				or certification. The department may require a licensee to certify meeting the
				credentialing organization's requirements. Failure to meet the credentialing
				organization's requirements may be grounds for suspension or revocation of a
				license. This does not apply to individuals with an active temporary license or
				with an active provisional license that has been issued by the
				department.
(3) The department may
				require a licensee to submit documentation from the credentialing organization
				if online verification is not available at the time the licensee's renewal
				request is being reviewed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.340 - DUTIES OF LICENSEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Continuing to comply with requirements.
A licensee must:
(1) continue to comply with all licensure
				requirements of the act and this part throughout the license term;
(2) maintain credential or certification and
				registration in their licensed imaging modality and subspecialty, if
				applicable, throughout the licensure period or notify the department in writing
				within 30 days that a credential or certification is no longer being
				maintained;
(3) notify the
				department in writing within 30 days of any pending or final actions by a
				credentialing organization, state agency, or federal agency against the
				licensee; and
(4) notify the
				department in writing within 30 days of lapse, probation, suspension, or
				revocation of any professional license.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.341 - CERTIFICATE OF LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Display of certificate of licensure.
Original certificates of licensure
				shall be publicly displayed by the licensee at each place of
				employment.
B.
Photocopying
				or reproduction prohibited.
Photocopying or other reproduction of a
				certificate of licensure is prohibited.
C.
Duplicate certificate of licensure
				or replacement of certificate of licensure.
To obtain a duplicate
				certificate of licensure or replacement of certificate of licensure, the
				licensee must submit a duplicate certificate of licensure or replacement
				certificate of licensure application and required fee to the
				department.
D.
Legal Name
				Change.
To obtain a replacement certificate of licensure due to a legal
				name change, the licensee must submit documentation of the legal name change, a
				name change application, and required fee to the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.400 - RENEWAL, REINSTATEMENT, AND REAPPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
License renewal and reinstatement.
A licensee is solely responsible for ensuring they maintain a current
				license. Failure to receive notification by the department prior to the
				expiration date of the license is not an excuse for failure to file a timely
				renewal application.
(1) Prior to the
				expiration date listed on the licensee's current certificate of licensure, a
				licensee must submit the biennial licensure fee and completed renewal
				application, including any requested supporting documents to the
				department.
(2) The department will
				not process an incomplete renewal application.
(3) The department will process completed
				applications in the order received.
(4) The department shall not renew a license
				until it is satisfied the license renewal applicant meets all requirements of
				the act and this part.
(5) All
				required items must be received by the department prior to the expiration date
				on the licensee's current certificate of licensure or else the renewal
				application shall be considered incomplete. The licensee's failure to submit a
				complete license renewal application will result in a reinstatement fee. An
				earlier postmark date shall not excuse the reinstatement fee.
(a) If a reinstatement fee is assessed and
				all other requirements for renewal are met, the department will issue an
				invoice to the licensee that will accompany the renewed certificate of
				licensure.
(b) If an applicant or
				licensee fails to pay the reinstatement fee within 30 days of the invoice date,
				the department may take action to suspend the license until the department has
				received the reinstatement fee.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.500 - DEPARTMENT FORMS, CONFIDENTIALITY, AND RELEASE OF PERSONAL IDENTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Department forms required.
(1) An
				individual seeking licensure or any other services listed in this part shall
				submit a completed application form and applicable fee to the department.
(2) The department shall create
				and make available all necessary application forms.
(3) The department's forms may request such
				personal identification as is required to perform the department's duties under
				the act and this part including, but not limited to: name, mailing address,
				telephone numbers, email address, certifications, licenses, date of birth, and
				social security number.
(4) No
				application shall be complete unless it is on the form prescribed by the
				department and includes, in legible format:
(a) all required personal
				identification;
(b) copies of all
				supporting documents specified on the form;
(c) full payment of required fees by a method
				specified on the form; and
(d) date
				and signature of the applicant.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.600 - DENIAL, REVOCATION, OR SUSPENSION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Denial of application.
The
				department may not issue a license to an applicant who has failed to meet the
				requirements of the act or this part.
B.
Suspension, revocation, application
				of uniform licensing act.
The board, with advice from the advisory
				council, may deny, revoke, or suspend a license granted or applied for under
				the act and this part, pursuant to the procedures established in the Uniform
				Licensing Act Section
				61-1-1
				through
				61-1-34
				NMSA 1978, upon grounds that the medical imaging or radiation therapy licensee
				or applicant
(1) is guilty of fraud or deceit
				in procuring or attempting to procure any type of license or service from the
				department;
(2) has been convicted
				of a felony subsequent to licensure;
(3) is unfit or incompetent;
(4) is habitually intemperate or is addicted
				to the use of habit-forming drugs;
(5) is mentally incompetent;
(6) has aided and abetted an individual who
				is not a licensee in engaging in the activities of a licensee;
(7) has failed to maintain a credential or
				certification in the modality and subspecialty for which a license was
				granted;
(8) has engaged in any
				practice beyond the licensee's scope of practice in violation of state or
				federal law or facility policy;
(9)
				is guilty of unprofessional conduct or unethical conduct as defined in
				Subsection C of this section;
(10)
				has interpreted a diagnostic imaging exam for a patient, a patient's family, or
				the public;
(11) has willfully or
				repeatedly violated any provisions of the act or this part;
(12) has failed to notify the department in
				writing within 30 days of any final disciplinary action by a licensing board or
				credentialing organization, including but not limited to sanction, probation,
				suspension, or revocation; or
(13)
				is not in compliance with the terms of the New Mexico Parental Responsibility
				Act, Section
				40-5A-1 to
				40-5A-13
				NMSA 1978; in taking action under this provision, the board shall follow the
				procedures in 20.1.7 NMAC named "Parental Responsibility Act Compliance."
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.700 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of this part is held invalid,
				  the remainder, or its application to other situations or persons, shall not be
				  affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.701 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This part shall be construed as amending and superseding the
				  regulations on the practice of medical imaging or radiation therapy, EIB/MRHSA
				  1, filed January 11, 1988, as amended. All references to the regulations on the
				  practice of medical imaging or radiation therapy in any other rule shall be
				  construed as a reference to this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.702 - SAVING CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Supersession of the regulations on the practice of medical
				  imaging or radiation therapy shall not affect any administrative or judicial
				  enforcement action pending on the effective date of this part nor the validity
				  of any license granted or certificate of licensure issued pursuant to the
				  regulations on the practice of medical imaging or radiation
				  therapy.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 3 - RADIATION PROTECTION › Part 20 - RADIOLOGIC TECHNOLOGY CERTIFICATION › Section 20.3.20.704 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this part does not relieve an individual from
				  the obligation to comply with other applicable state and federal
				  regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 4 - HAZARDOUS WASTE › Part 1 - HAZARDOUS WASTE MANAGEMENT › Section 20.4.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  74-1-8
				  and
				  74-4-4,
				  NMSA 1978 (as amended).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 4 - HAZARDOUS WASTE › Part 1 - HAZARDOUS WASTE MANAGEMENT › Section 20.4.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2018 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 4 - HAZARDOUS WASTE › Part 1 - HAZARDOUS WASTE MANAGEMENT › Section 20.4.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 of Chapter 4 is to establish
				  regulations for the management of hazardous waste, including standards for the
				  identification and listing of hazardous waste, for generators and transporters
				  of hazardous waste, for owners and operators of hazardous waste treatment,
				  storage, and disposal facilities, for specific wastes and such facilities, for
				  land disposal restrictions, and for issuing, suspending, revoking, or modifying
				  permits.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 4 - HAZARDOUS WASTE › Part 1 - HAZARDOUS WASTE MANAGEMENT › Section 20.4.1.100 - ADOPTION OF 40 CFR PART 260

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the regulations of the United
				  States environmental protection agency ("EPA") set forth in 40 CFR Part 260, as
				  it may be modified or amended, is hereby incorporated by
				  reference.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 4 - HAZARDOUS WASTE › Part 1 - HAZARDOUS WASTE MANAGEMENT › Section 20.4.1.101 - MODIFICATIONS, EXCEPTIONS AND OMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the following modifications,
				  exceptions, and omissions are made to the incorporated federal
				  regulations:
A. The following terms
				defined in 40 CFR Sections
				260.10 and
				270.2 have the meanings set forth
				herein, in lieu of the meanings set forth in
				40 CFR Sections
				260.10 and
				270.2:
(1) "administrator" or "regional
				administrator" means the secretary of the New Mexico environment department or
				his/her designee;
(2) "act" or
				"RCRA" (Resource Conservation and Recovery Act, as amended) means the New
				Mexico Hazardous Waste Act, Sections
				74-4-1
				through
				74-4-14,
				NMSA 1978 (as amended).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 4 - HAZARDOUS WASTE › Part 1 - HAZARDOUS WASTE MANAGEMENT › Section 20.4.1.200 - ADOPTION OF 40 CFR PART 261

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the regulations of the EPA set
				  forth in 40 CFR Part 261 as it may be modified or amended is hereby
				  incorporated by reference.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 4 - HAZARDOUS WASTE › Part 1 - HAZARDOUS WASTE MANAGEMENT › Section 20.4.1.300 - ADOPTION OF 40 CFR PART 262

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the regulations of the EPA set
				  forth in 40 CFR Part 262 as it may be modified or amended is hereby
				  incorporated by reference.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 4 - HAZARDOUS WASTE › Part 1 - HAZARDOUS WASTE MANAGEMENT › Section 20.4.1.301 - MODIFICATIONS, EXCEPTIONS AND OMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the following modifications,
				  exceptions and modifications are made to the incorporated federal regulations.
				  The substitution of the following terms in Subparts E, F and H of 40 CFR Part
				  262 does not apply to Section
				  20.4.1.300
				  NMAC: "administrator" and "regional administrator" for the term "secretary" and
				  "EPA" or "environmental protection agency" for the term
				  "department."
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 4 - HAZARDOUS WASTE › Part 1 - HAZARDOUS WASTE MANAGEMENT › Section 20.4.1.400 - ADOPTION OF 40 CFR PART 263

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the regulations of the EPA set
				  forth in 40 CFR Part 263 as it may be modified or amended is hereby
				  incorporated by reference.