reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-06 - X-Rays in the Healing Arts › Appendix K - CONTINUING EDUCATION REQUIREMENTS

Current through Supplement No. 393, July, 2024
Continuing education units (CEUs) are required for all
				  limited x-ray machine operators and general diagnostic operators as defined by
				  subparagraphs a and b of paragraph 2 of subdivision a of subsection 1 of
				  section 33.1-10-06-03 of the North
				  Dakota radiological health rules. Continuing education unit requirements will
				  be associated with a two-year cycle (biennium).
1. General diagnostic operators shall obtain a minimum of 24
				  CEUs per biennium.
2. Limited x-ray machine operators shall obtain a minimum of
				  12 CEUs per biennium.
3. Units from one biennium cannot be carried forward or
				  applied to the followings biennium.
4. Determining the beginning of a biennium.
a. For limited x-ray machine operators and general diagnostic
				  operators not certified through an accrediting body, the biennium will begin
				  January 1, 2009.
b. For general diagnostic operators certified through an
				  accrediting body, the biennium will be defined by the registration requirements
				  through their accrediting body and shall begin on the first due date following
				  January 1, 2009.
5. Continuing education unit activities must be approved by
				  an accrediting body.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-07.2 - Medical Use of Byproduct Material › Section 33.1-10-07.2-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 35

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 35.1, 35.2, 35.5, 35.6, 35.7,
				  35.10, 35.11, 35.12, 35.13, 35.14, 35.15, 35.18, 35.19, 35.24, 35.26, 35.27,
				  35.40, 35.41, 35.49, 35.50, 35.51, 35.55, 35.57, 35.59, 35.60, 35.61, 35.63,
				  35.65, 35.67, 35.69, 35.70, 35.75, 35.80, 35.92, 35.100, 35.190, 35.200,
				  35.204, 35.290, 35.300, 35.310, 35.315, 35.390, 35.392, 35.394, 35.396, 35.400,
				  35.404, 35.406, 35.410, 35.415, 35.432, 35.433, 35.457, 35.490, 35.491, 35.500,
				  35.590, 35.600, 35.604, 35.605, 35.610, 35.615, 35.630, 35.632, 35.633, 35.635,
				  35.642, 35.643, 35.645, 35.647, 35.652, 35.655, 35.657, 35.690, 35.1000,
				  35.2024, 35.2026, 35.2040, 35.2041, 35.2060, 35.2061, 35.2063, 35.2067,
				  35.2070, 35.2075, 35.2080, 35.2092, 35.2204, 35.2310, 35.2404, 35.2406,
				  35.2432, 35.2433, 35.2605, 35.2610, 35.2630, 35.2632, 35.2642, 35.2643,
				  35.2645, 35.2647, 35.2652, 35.2655, 35.3045, 35.3047, 35.3067, and 35.3204 are
				  adopted by reference as they exist on September 8, 2021, with the following
				  exceptions:
1. Not adopted by
				reference are 10 CFR
				35.11(c)(1) and
				35.13(a)(1).
2. Requirements in 10 Code of Federal
				Regulations part 35 that apply to "byproduct material" also apply to naturally
				occurring or accelerator-produced radioactive material.
3. Where the words "NRC", "commission", "NRC
				regional office", "NRC operations center", or "director, office of nuclear
				material safety and safeguards" appear in 10 Code of Federal Regulations part
				35, substitute the words "department of environmental quality", except when
				referencing licenses or permits issued by the United States nuclear regulatory
				commission, master material licenses issued by the United States nuclear
				regulatory commission, specialty boards recognized by the United States nuclear
				regulatory commission, the medical uses licensee toolkit web page, and
				definition of "agreement state" in 35.2.
4. "Act" includes North Dakota Century Code
				chapters 23.1-02 and 23.1-03.
5.
				North Dakota state form number 8418, "application for radioactive material
				license", must be used instead of NRC form 313 as specified in 10 Code of
				Federal Regulations part 35.
6. For
				references to 10 Code of Federal Regulations parts 170 and 171, see
				chapter
				33.1-10-11 for
				applicable fee schedules.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-08 - Radiation Safety Requirements for Analytical X-ray Equipment › Section 33.1-10-08-01 - Purpose and scope

Current through Supplement No. 393, July, 2024
This chapter provides special requirements for analytical
				  x-ray equipment. The requirements of this chapter are in addition to, and not
				  in substitution for, applicable requirements in other chapters of this
				  article.
General Authority:
NDCC 28-32-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03; S.L. 2017,
					 ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-08 - Radiation Safety Requirements for Analytical X-ray Equipment › Section 33.1-10-08-02 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, the following definitions
				  apply:
1. "Analytical x-ray equipment"
				means equipment used for x-ray diffraction or fluorescence analysis.
2. "Analytical x-ray system" means a group of
				components utilizing x-rays or gamma rays to determine the elemental
				composition or to examine the microstructure of materials.
3. "Fail-safe characteristics" means a design
				feature which causes beam port shutters to close, or otherwise prevents
				emergence of the primary beam, upon the failure of a safety or warning
				device.
4. "Local components" means
				part of an analytical x-ray system and includes areas that are struck by
				x-rays, such as radiation source housings, port and shutter assemblies,
				collimators, sample holders, cameras, goniometers, detectors and shielding, but
				do not include power supplies, transformers, amplifiers, readout devices, and
				control panels.
5. "Normal
				operating procedures" means step-by-step instructions necessary to accomplish
				the analysis. These procedures must include sample insertion and manipulation,
				equipment alignment, routine maintenance by the registrant, and data recording
				procedures, which are related to radiation safety.
6. "Open-beam configuration" means an
				analytical x-ray system in which an individual could accidentally place some
				part of the individual's body in the primary beam path during normal
				operation.
7. "Primary beam" means
				ionizing radiation which passes through an aperture of the source housing by a
				direct path from the x-ray tube or a radioactive source located in the
				radiation source housing.
General Authority:
NDCC 28-32-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03; S.L. 2017,
					 ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-08 - Radiation Safety Requirements for Analytical X-ray Equipment › Section 33.1-10-08-03 - Equipment requirements

Current through Supplement No. 393, July, 2024
1.
Safety
				device.
A device which prevents the entry of any portion of an
				individual's body into the primary x-ray beam path or which causes the beam to
				be shut off upon entry into its path shall be provided on all open-beam
				configurations. A registrant may apply to the department for an exemption from
				the requirement of a safety device. Such application shall include:
a. A description of the various safety
				devices that have been evaluated.
b. The reason each of these devices cannot be
				used.
c. A description of the
				alternative methods that will be employed to minimize the possibility of an
				accidental exposure, including procedures to assure that operators and others
				in the area will be informed of the absence of safety devices.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-08 - Radiation Safety Requirements for Analytical X-ray Equipment › Section 33.1-10-08-04 - Area requirements

Current through Supplement No. 393, July, 2024
1.
Radiation
				levels.
The local components of an analytical x-ray system shall be
				located and arranged and shall include sufficient shielding or access control
				such that no radiation levels exist in any area surrounding the local component
				group which could result in a dose to an individual present therein in excess
				of the dose limits given in chapter 33.1-10-04.2. For systems utilizing x-ray
				tubes, these levels shall be met at any specified tube rating.
2.
Surveys.
a. Radiation surveys, as required by
				33.1-10-04.2, of all analytical x-ray systems sufficient to show compliance
				with subsection 1 shall be performed:
(1)
				Upon installation of the equipment, and at least once every twelve months
				thereafter.
(2) Following any
				change in the initial arrangement, number, or type of local components in the
				system.
(3) Following any
				maintenance requiring the disassembly or removal of a local component in the
				system.
(4) During the performance
				of maintenance and alignment procedures if the procedures require the presence
				of a primary x-ray beam when any local component in the system is disassembled
				or removed.
(5) Any time a visual
				inspection of the local components in the system reveals an abnormal
				condition.
(6) Whenever personnel
				monitoring devices show a significant increase over the previous monitoring
				period or the readings are approaching the limits specified in
				33.1-10-04.2.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-08 - Radiation Safety Requirements for Analytical X-ray Equipment › Section 33.1-10-08-05 - Operating requirements

Current through Supplement No. 393, July, 2024
1.
Procedures.
Normal operating procedures shall be written and
				available to all analytical x-ray equipment workers. No individual shall be
				permitted to operate analytical x-ray equipment in any manner other than that
				specified in the procedures unless such individual has obtained written
				approval of the radiation safety officer.
2.
Bypassing.
No individual
				shall bypass a safety device or interlock unless such individual has obtained
				the approval of the radiation safety officer. Such approval shall be for a
				specified period of time. When a safety device or interlock has been bypassed,
				a readily discernible sign bearing the words "SAFETY DEVICE NOT WORKING", or
				words having a similar intent, shall be placed on the radiation source
				housing.
3.
Repair or
				modification of x-ray tube systems.
Except as specified in subsection 2,
				no operation involving removal of covers, shielding materials, or tube housings
				or modifications to shutters, collimators, or beam stops shall be performed
				without ascertaining that the tube is off and will remain off until safe
				conditions have been restored. The main switch, rather than interlocks, shall
				be used for routine shutdown in preparation for repairs.
4.
Radioactive source replacement,
				testing, or repair.
Radioactive source housings shall be opened for
				source replacement, leak testing, or other maintenance or repair procedures
				only by individuals authorized to specifically conduct such procedures under a
				license issued by the United States nuclear regulatory commission, an agreement
				state, or a licensing state.
General Authority:
NDCC 28-32-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03; S.L. 2017,
					 ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-08 - Radiation Safety Requirements for Analytical X-ray Equipment › Section 33.1-10-08-06 - Personnel requirements

Current through Supplement No. 393, July, 2024
1.
Instruction.
No individual shall be permitted to operate or
				maintain analytical x-ray equipment unless such individual has received
				instruction in and demonstrated competence as to all of the following:
a. Identification of radiation hazards
				associated with the use of the equipment.
b. Significance of the various radiation
				warning, safety devices, and interlocks incorporated into the equipment, or the
				reasons they have not been installed on certain pieces of equipment and the
				extra precautions required in such cases.
c. Proper operating procedures for the
				equipment.
d. Recognition of
				symptoms of an acute localized exposure.
e. Proper procedures for reporting an actual
				or suspected exposure.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-09 - Radiation Safety Requirements for Particle Accelerators › Section 33.1-10-09-01 - Purpose and scope

Current through Supplement No. 393, July, 2024
1. This chapter
				establishes procedures for the registration and the use of particle
				accelerators.
2. In addition to the
				requirements of this chapter, all registrants are subject to the requirements
				of chapters 33.1-10-01, 33.1-10-02, 33.1-10-04.2, and 33.1-10-10.1. Registrants
				engaged in industrial radiographic operations are subject to the requirements
				of 33.1-10-05.1 and registrants engaged in the healing arts are subject to the
				requirements of 33.1-10-06 or 33.1-10-07.2, or both. Registrants whose
				operations result in the production of radioactive material are subject to the
				requirements of 33.1-10-03.1.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-09 - Radiation Safety Requirements for Particle Accelerators › Section 33.1-10-09-02 - Registration procedure

Current through Supplement No. 393, July, 2024
1.
Registration requirements.
No person shall receive, possess, use,
				transfer, own, or acquire a particle accelerator except as authorized in a
				registration issued pursuant to chapter 33.1-10-02.
2.
General requirements for the
				issuance of a registration for particle accelerators.
(Refer to
				33.1-10-02.) In addition to the requirements of 33.1-10-02, a registration
				application for use of a particle accelerator will be approved only if the
				department determines all of the following:
a. The applicant is qualified by reason of
				training and experience to use the accelerator in question for the purpose
				requested in accordance with this chapter and 33.1-10-04.2 and 33.1-10-10.1 in
				such a manner as to minimize danger to public health and safety or
				property.
b. The applicant's
				proposed or existing equipment, facilities, operating, and emergency procedures
				are adequate to protect health and minimize danger to public health and safety
				or property.
c. The issuance of the
				registration will not be inimical to the health and safety of the public, and
				the applicant satisfies any applicable special requirement in subsection
				3.
d. The applicant has appointed a
				radiation safety officer.
e. The
				applicant or the applicant's staff has substantial experience in the use of
				particle accelerators and training sufficient for application to its intended
				uses.
f. The applicant has
				established a radiation safety committee to approve, in advance, proposals for
				uses of particle accelerators, whenever deemed necessary by the
				department.
g. The applicant has an
				adequate training program for particle accelerator operators.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-09 - Radiation Safety Requirements for Particle Accelerators › Section 33.1-10-09-03 - Radiation safety requirements for the use of particle accelerators

Current through Supplement No. 393, July, 2024
1.
General
				requirements.
a. This section
				establishes radiation safety requirements for the use of particle accelerators.
				The requirements of this section are in addition to, and not in substitution
				for, other applicable requirements of the chapter.
b. The registrant shall be responsible for
				assuring that all requirements of this chapter are met.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-10.1 - Notices, Instructions, and Reports to Workers - Inspections › Section 33.1-10-10.1-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 19

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 19.1, 19.2, 19.3, 19.5, 19.11,
				  19.12, 19.13, 19.14, 19.15, 19.16, 19.17, 19.18, 19.20, 19.31, and 19.32 are
				  adopted by reference as they exist on November 16, 2020, with the following
				  exceptions:
1. Not adopted by
				reference is 10 Code of Federal Regulations 19.14(a).
2. All of the requirements in
				chapter
				33.1-10-10.1 apply
				to both licensees and registrants. A reference in 10 Code of Federal
				Regulations part 19 to "license" includes "registration", a reference to
				"licensee" includes "registrant", a reference to "licensed" includes
				"registered", and a reference to "licensed radioactive material" includes
				"registered source of radiation". "Registrant" means any person who is
				registered with the department and is legally obligated to register with the
				department pursuant to
				33.1-10 and
				North Dakota Century Code chapter 23.1-03. "Registration" means the
				notification of the department of environmental quality of possession of a
				source of radiation and the furnishing of information with respect thereto, in
				accordance with North Dakota Century Code chapter 23.1-02.
3. Where the words "NRC", "commission",
				"nuclear regulatory commission", "United States nuclear regulatory commission",
				"administrator of the appropriate commission regional office", "administrator
				of the appropriate regional office", "regional office administrator",
				"executive director for operations", "regional administrator of the appropriate
				United States nuclear regulatory commission regional office", or "agency"
				appear in 10 Code of Federal Regulations part 19, substitute the words
				"department of environmental quality".
4. "Act" includes North Dakota Century Code
				chapters 23.1-02 and 23.1-03.
5.
				State form number 8414, "notice to employees", must be posted in place of
				United States nuclear regulatory commission form 3 that is specified in 10 Code
				of Federal Regulations part 19.
6.
				Where 10 Code of Federal Regulations part 19 specifies contacting the United
				States nuclear regulatory commission, contact the department of environmental
				quality.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-11 - Fees for Issuance of License and Registration Certificates and Inspections › Section 33.1-10-11-01 - Purpose

Current through Supplement No. 393, July, 2024
This chapter establishes fees charged for the issuance of
				  licenses and registration certificates by the department. This chapter also
				  establishes fees charged to recover costs associated with nonroutine regulatory
				  inspections and surveys of licensees and registrants.
General Authority:
NDCC 23.1-03-04,
					 23.1-03-09; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-03-04, 23.1-03-09;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-11 - Fees for Issuance of License and Registration Certificates and Inspections › Section 33.1-10-11-02 - Scope

Current through Supplement No. 393, July, 2024
This chapter applies to a person who is an applicant for, or
				  a holder of, a radioactive material license or a registration certificate
				  issued by the department
General Authority:
NDCC 23.1-03-04,
					 23.1-03-09; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04,
					 23.1-03-09; S.L. 2017, ch. 199, §
					 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-11 - Fees for Issuance of License and Registration Certificates and Inspections › Section 33.1-10-11-03 - Exemptions

Current through Supplement No. 393, July, 2024
No application fees, license fees, amendment fees, renewal
				  fees, or special project fees, shall be required for:
1. A license authorizing the use of source
				material as shielding only in devices and containers provided; however, that
				all other licensed byproduct material, naturally occurring or
				accelerator-produced radioactive material, source material, or special nuclear
				material in the device or container will be subject to the fees prescribed in
				appendix A of this chapter.
2.
				Nonprofit educational institutions are exempt from the fees prescribed in
				appendices A and B of this chapter. This exemption does not apply to those
				radioactive material licenses or machine registration certificates which
				authorize any of the following:
a. Human use.
b. Remunerated services to other
				persons.
c. Distribution of
				byproduct material, naturally occurring or accelerator-produced radioactive
				material, source material, or special nuclear material, or products containing
				byproduct material, naturally occurring or accelerator-produced radioactive
				material, source material, or special nuclear material.
d. Activities performed under a government
				contract.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-11 - Fees for Issuance of License and Registration Certificates and Inspections › Section 33.1-10-11-04 - Payment of fees

Current through Supplement No. 393, July, 2024
The following fees are nonrefundable:
1.
License and registration
				fees.
The appropriate licensing or registration fee shall accompany the
				application for licensure or registration when filed with the department. For
				new radioactive material licenses, the application fee is equal to the
				appropriate annual fee.
2.
Amendment fees.
The amendment fee given in appendix A category 24
				shall accompany the application for amendment when filed with the
				department.
3.
Reciprocity
				fee.
The appropriate reciprocity fee shall accompany the written
				notification as required in
				chapters 33.1-10-03.1 and
				33.1-10-02.
4.
Special project fees.
Fees
				for special projects are payable upon notification by the department when the
				review of the project is completed. Special projects mean those projects
				submitted to the department for review and for which specific fees are not
				prescribed in this chapter. Special project fees will be based upon the current
				professional staff hourly rate (thirty-three percent of the current nuclear
				regulatory commission rate listed in
				10 CFR
				170).
5.
Annual fees.
Annual fees are
				required to be paid by all radioactive material licensees no later than January
				first of each year the license is active, except that the annual fee due on
				January first of the year following the issuance of a new license shall be
				prorated to the number of months the license was in effect the first calendar
				year (example: for a new license issued in May the annual fee due January first
				would be seven-twelfths [June-December] of the annual fee listed in appendix
				A).
6.
Inspection and survey
				fees.
Fees for regulatory inspections and surveys of North Dakota
				licensees are included in the registration or annual fees for each registration
				or license type. Nonroutine inspections will require the nonroutine inspection
				fee to be paid upon notification by the department when the inspection has been
				completed.
7.
Annual fees for
				small entities.
If a licensee qualifies as a small entity and provides
				the department with the proper certification, the small entity fee of sixty
				percent of the applicable annual fee listed in appendix A shall be paid.
a. "Small business" means a business entity,
				including its affiliates, which:
(1) Is
				independently owned and operated; and
(2) Employs fewer than twenty-five full-time
				employees or has gross annual sales of less than two million five hundred
				thousand dollars;
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-11 - Fees for Issuance of License and Registration Certificates and Inspections › Section 33.1-10-11-05 - Failure by applicant or licensee to pay prescribed fees

Current through Supplement No. 393, July, 2024
1. In any case
				where the department finds that an applicant or a licensee has failed to pay a
				prescribed fee required in this chapter, the department will not process any
				application and may suspend or revoke any license or approval involved or may
				issue an order with respect to licensed activities as the department determines
				to be appropriate or necessary in order to carry out the provisions of this
				chapter and of the North Dakota Century Code.
2. In any case where the department does not
				receive the prescribed fee by the stated due date, an additional fee shall be
				levied as stated in category 27 of appendix A.
General Authority:
NDCC 23.1-03-04,
					 23.1-03-09; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-03-04, 23.1-03-09;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-11 - Fees for Issuance of License and Registration Certificates and Inspections › Appendix B - 2016 Schedule of Fees for Registration Certifications and Inspection

Current through Supplement No. 393, July, 2024
Applications for registration of radiation machines and other
				  regulatory services shall pay the following fees for each machine that they
				  possess and use at their facilities. The fees cover a three-year registration
				  period and the renewal fee is the amount listed.
Registration Category
Fee/Machine (in U.S. Dollars)
Dentistry
$230
Medical:
A. Radiographic machine (including computer
								tomography)
$350
B. Fluoroscopic machine
$530
C. Combined radiographic-fluoroscopic
$700
D.
(1) Therapeutic: Linear acccelerator (less than 10
								MeV)
$530
(2) Therapeutic: Linear accelerator (greater than
								10 MeV)
$850
E. Superficial x-ray
$260
Chiropractic
$320
Podiatry
$260
Veterinary medicine
$230
Industrial radiography
$850
Accelerators (industrial and research)
$530
Education and research
$530
Other Registration Fees and Services
Annual Service Fees
(in U.S. Dollars)
X-ray services and installers
$530
Radiation training courses
$350
X-ray sales and demonstrations
$530
Combined sales and service (assembler)
$700
Dosimeterists and physicists
$350
Shielding evaluations (routine)
$530 per evaluation
Shielding evaluations (nonroutine)
Full cost
Reciprocity (x-ray producing machines)
$530 per year per machine
Note 1: All fee amounts are shown in United States dollars
				  (USD).
Note 2: The fees established under this appendix may be
				  adjusted on an annual basis to account for any increase in the consumer price
				  index published by the department of labor, as of the close of the twelve-month
				  period ending on August thirty-first of each calendar year. Fee adjustments
				  will be rounded off to the nearest dollar amount (example: for a value of 0.50
				  or greater, the number would be rounded up; for a value of 0.49 or less, the
				  number would be rounded down).
Note 3: A current list of fees established under this
				  appendix will be maintained on the department of environmental quality
				  website.
General Authority:
NDCC 23.1-03-09, 28-32-02;
					 S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-03-04, 23.1-03-09;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-12.1 - Licenses and Radiation Safety Requirements for Well Logging › Section 33.1-10-12.1-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 39

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 39.1, 39.2, 39.11, 39.13,
				  39.15, 39.17, 39.31, 39.33, 39.35, 39.37, 39.39, 39.41, 39.43, 39.45, 39.47,
				  39.49, 39.51, 39.53, 39.55, 39.61, 39.63, 39.65, 39.67, 39.69, 39.71, 39.73,
				  39.75, 39.77, and 39.91 are adopted by reference as they exist on June 16,
				  2020, with the following exceptions:
1. All of the requirements in
				chapter
				33.1-10-12.1 apply
				to both licensees and registrants. A reference in 10 Code of Federal
				Regulations part 39 to "license" includes "registration", a reference to
				"licensee" includes "registrant", a reference to "licensed" includes
				"registered", a reference to "licensed material" includes "registered source of
				radiation", and a reference to "licensed radioactive materials" includes
				"registered source of radiation". "Registrant" means any person who is
				registered with the department and is legally obligated to register with the
				department pursuant to
				33.1-10 and
				North Dakota Century Code chapter 23.1-03. "Registration" means the
				notification of the department of environmental quality of possession of a
				source of radiation and the furnishing of information with respect thereto, in
				accordance with North Dakota Century Code chapter 23.1-02.
2. Where the words "NRC", "commission", or
				"NRC regional office" appear in 10 Code of Federal Regulations part 39,
				substitute the words "department of environmental quality".
3. Requirements in 10 Code of Federal
				Regulations part 39 that apply to "byproduct material" also apply to naturally
				occurring or accelerator-produced radioactive material.
4. North Dakota state form number 8418,
				"application for radioactive material license", must be used instead of NRC
				form 313 as specified in 10 Code of Federal Regulations part 39.
5. For references to 10 Code of Federal
				Regulations part 170, see
				33.1-10-11 for applicable fee
				schedules.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-13.1 - Packaging and Transportation of Radioactive Material › Section 33.1-10-13.1-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 71

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 71.0, 71.3, 71.4, 71.5, 71.7,
				  71.8, 71.9, 71.10, 71.12, 71.13, 71.14, 71.15, 71.17, 71.21, 71.22, 71.23,
				  71.47, 71.81, 71.83, 71.85, 71.87, 71.88, 71.89, 71.91, 71.93, 71.95, 71.97,
				  71.101, 71.103, 71.105, 71.106, 71.127, 71.129, 71.131, 71.133, 71.135, and
				  71.137 and appendix A to part 71 are adopted by reference as they exist on
				  December 30, 2021, with the following exceptions:
1. Not adopted by reference are 10 Code of
				Federal Regulations 71.0(d), 71.14(b), 71.85(a)-(c), 71.91(b), 71.101(c)(2),
				(d), and (e).
2. Requirements in 10
				Code of Federal Regulations part 71 that apply to "licensed material" or
				"byproduct material" also apply to naturally occurring or accelerator-produced
				radioactive material.
3. Where the
				words "NRC", "commission", "nuclear regulatory commission", "United States
				nuclear regulatory commission", or "administrator of the appropriate regional
				office" appear in 10 Code of Federal Regulations part 71, substitute the words
				"department of environmental quality" except when used in 10 Code of Federal
				Regulations 71.5(b), 71.10, 71.17(c)(3) and (e), 71.85(c), 71.88(a)(4),
				71.93(c), 71.95, 71.97(c), and (c)(3)(iii), and (f).
4. Where the words "ATTN: Document Control
				Desk, Director, Division of Fuel Management, Office of Nuclear Material Safety
				and Safeguards" appear in 10 Code of Federal Regulations 71.101(c)(1),
				substitute the words "department of environmental quality".
5. The terms "certificate of compliance,
				compliance holder or applicant" used in 10 Code of Federal Regulations 71.91(c)
				and (d), 71.101(a)-(c), 71.103(a), and 71.135 apply only to the United States
				nuclear regulatory commission (NRC) as the NRC is the sole authority for
				issuing a package's certificate of compliance.
6. 10 Code of Federal Regulations 71.9
				employee protection also applies to violations of North Dakota Century Code
				chapters 23.1-02 and 23.1-03.
7.
				State form number 8414, "notice to employees", must be posted instead of United
				States nuclear regulatory commission form 3 that is specified in 10 Code of
				Federal Regulations part 71.
General Authority:
NDCC 28-32-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC
					 28-32-02
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-14.1 - Licenses and Radiation Safety Requirements for Irradiators › Section 33.1-10-14.1-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 36

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 36.1, 36.2, 36.11, 36.13,
				  36.15, 36.17, 36.19, 36.21, 36.23, 36.25, 36.27, 36.29, 36.31, 36.33, 36.35,
				  36.37, 36.39, 36.41, 36.51, 36.53, 36.55, 36.57, 36.59, 36.61, 36.63, 36.65,
				  36.67, 36.69, 36.81, and 36.83 are adopted by reference as they exist on June
				  16, 2020, with the following exceptions:
1. Not adopted by reference is paragraph (2)
				of the definition of "commencement of construction", and paragraph (9)(ii) of
				the definition "construction".
2.
				Requirements in 10 Code of Federal Regulations part 36 that apply to "byproduct
				material" also apply to naturally occurring or accelerator-produced radioactive
				material.
3. Where the words "NRC",
				"commission", or "NRC regional office" appear in 10 Code of Federal Regulations
				part 36, substitute the words "department of environmental quality".
4. "Act" includes North Dakota Century Code
				chapters 23.1-02 and 23.1-03.
5.
				North Dakota state form number 8418, "application for radioactive material
				license", must be used instead of NRC form 313 as specified in 10 Code of
				Federal Regulations part 36.
6. For
				references to 10 Code of Federal Regulations parts 170 and 171, see
				chapter
				33.1-10-11 for
				applicable fee schedules.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03; S.L. 2017,
					 ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-15 - Therapeutic Radiation Machines › Section 33.1-10-15-01 - Scope

Current through Supplement No. 393, July, 2024
1. This chapter
				establishes requirements, for which the registrant is responsible, for use of
				therapeutic radiation machines. The provisions of this chapter are in addition
				to, and not in substitution for, other applicable provisions of these
				regulations.
2. The use of
				therapeutic radiation machines shall be by, or under the supervision of, a
				licensed practitioner of the healing arts who meets the training and experience
				criteria established by subsection 3 of section
				33.1-10-15-03.
General Authority:
NDCC 23.1-03-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03; S.L. 2017,
					 ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-15 - Therapeutic Radiation Machines › Section 33.1-10-15-03 - General administrative requirements

Current through Supplement No. 393, July, 2024
1. Administrative
				controls. The registrant shall be responsible for directing the operation of
				the therapeutic radiation machines that have been registered with the
				department. The registrant or the registrant's agent shall ensure that the
				requirements of chapter 33.1-10-15 are met in the operation of the therapeutic
				radiation machines.
2. A
				therapeutic radiation machine that does not meet the provisions of these
				regulations shall not be used for irradiation of patients.
3. Training for external beam radiation
				therapy authorized users. The registrant for any therapeutic radiation machine
				subject to section
				33.1-10-15-06 or
				33.1-10-15-07 shall require the
				authorized user to be a physician who:
a. Is
				certified in:
(1) Radiology or therapeutic
				radiology by the American board of radiology;
(2) Radiation oncology by the American
				osteopathic board of radiology;
(3)
				Radiology, with specialization in radiotherapy, as a British "fellow of the
				faculty of radiology" or "fellow of the royal college of radiology";
				or
(4) Therapeutic radiology by the
				Canadian royal college of physicians and surgeons; or
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-15 - Therapeutic Radiation Machines › Section 33.1-10-15-04 - General technical requirements

Current through Supplement No. 393, July, 2024
1. Protection
				surveys.
a. The registrant shall ensure that
				radiation protection surveys of all new facilities, and existing facilities not
				previously surveyed, are performed with an operable radiation measurement
				survey instrument calibrated in accordance with section
				33.1-10-15-08. The radiation
				protection survey shall be performed by, or under the direction of, a radiation
				therapy physicist or a qualified expert and shall verify that, with the
				therapeutic radiation machine in a "BEAM-ON" condition, with the largest
				clinically available treatment field and with a scattering phantom in the
				useful beam of radiation:
(1) Radiation
				levels in restricted areas are not likely to cause personnel exposures in
				excess of the limits specified in 33.1-10-04.2-01 [
				10 CFR
				20.1201 ]; and
(2) Radiation levels in unrestricted areas do
				not exceed the limits specified in 33.1-10-04.2-01 [
				10 CFR
				20.1301 ].
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-15 - Therapeutic Radiation Machines › Section 33.1-10-15-05 - Quality management program

Current through Supplement No. 393, July, 2024
The facility shall implement a quality management program.
				  The facility may use the quality management programs found in either appendix B
				  or C.
General Authority:
NDCC 23.1-03-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03; S.L. 2017,
					 ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-15 - Therapeutic Radiation Machines › Section 33.1-10-15-06 - Therapeutic radiation machines of less than five hundred kilovolts

Current through Supplement No. 393, July, 2024
1. Leakage
				radiation. When the x-ray tube is operated at its maximum rated tube current
				for the maximum kilovolts, the leakage air kerma rate shall not exceed the
				value specified at the distance specified for that classification of
				therapeutic radiation machine:
a. Five to
				fifty kilovolts systems. The leakage air kerma rate measured at any position
				five centimeters from the tube housing assembly shall not exceed one milligray
				(100 mrad) in any one hour.
b.
				Greater than fifty and less than five hundred kilovolts systems. The leakage
				air kerma rate measured at a distance of one meter from the target in any
				direction shall not exceed one centigray (1 rad) in any one hour. This air
				kerma rate measurement may be averaged over areas no larger than one hundred
				square centimeters. In addition, the air kerma rate at a distance of five
				centimeters from the surface of the tube housing assembly shall not exceed
				thirty centagray (30 rad) per hour.
c. For each therapeutic radiation machine,
				the registrant shall determine, or obtain from the manufacturer, the leakage
				radiation existing at the positions specified in subdivisions a and b for the
				specified operating conditions. Records on leakage radiation measurements shall
				be maintained at the installation for inspection by the department.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-15 - Therapeutic Radiation Machines › Section 33.1-10-15-07 - Therapeutic radiation machines - Photon therapy systems (five hundred kilovolts and above) and electron therapy systems (five hundred kilo electron volts and above)

Current through Supplement No. 393, July, 2024
1. Possession of
				survey instruments. Each facility location authorized to use a therapeutic
				radiation machine in accordance with this section shall possess appropriately
				calibrated portable monitoring equipment. As a minimum, such equipment shall
				include a portable radiation measurement survey instrument capable of measuring
				dose rates over the range of ten microsieverts (1 mrem) per hour to ten
				millisieverts (1,000 mrem) per hour. The survey instruments shall be operable
				and calibrated in accordance with section
				33.1-10-15-08.
2. Leakage radiation outside the maximum
				useful beam in photon and electron modes.
a.
				The absorbed dose due to leakage radiation (excluding neutrons) at any point
				outside the maximum-sized useful beam, but within a circular plane of radius
				two meters which is perpendicular to and centered on the central axis of the
				useful beam at the nominal treatment distance (i.e., patient plane), shall not
				exceed a maximum of two-tenths percent and an average of one-tenth percent of
				the absorbed dose on the beam axis at the nominal treatment distance.
				Measurements shall be averaged over an area not exceeding one hundred square
				centimeters at a minimum of sixteen points uniformly distributed in the
				plane;
b. Except for the area
				defined in subdivision a, the absorbed dose due to leakage radiation (excluding
				neutrons) at one meter from the electron path between the electron source and
				the target or electron window shall not exceed five-tenths percent of the
				absorbed dose on the central axis of the beam at the nominal treatment
				distance. Measurements shall be averaged over an area not exceeding one hundred
				square centimeters;
c. For
				equipment manufactured after January 1, 2011, the neutron absorbed dose outside
				the useful beam shall be in compliance with international electrotechnical
				commission (IEC) document 601-2-1 (most current revision); and
d. For each therapeutic radiation machine,
				the registrant shall determine, or obtain from the manufacturer, the leakage
				radiation existing at the positions specified in subdivisions a and c for the
				specified operating conditions. Records on leakage radiation measurements shall
				be maintained at the installation for inspection by the department.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-15 - Therapeutic Radiation Machines › Section 33.1-10-15-08 - Calibration of survey instruments

Current through Supplement No. 393, July, 2024
1. The registrant
				shall ensure that the survey instruments used to show compliance with this
				chapter have been calibrated before first use, at intervals not to exceed
				twelve months, and following repair;
2. To satisfy the requirements of subsection
				1, the registrant shall:
a. Calibrate all
				required scale readings up to ten millisieverts (1,000 mrem) per hour with an
				appropriate radiation source that is traceable to the national institute of
				standards and technology (NIST); and
b. Calibrate at least two points on each
				scale to be calibrated. These points should be at approximately one-third and
				two-thirds of full scale;
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-15 - Therapeutic Radiation Machines › Section 33.1-10-15-09 - Shielding and safety design requirements

Current through Supplement No. 393, July, 2024
1. Each therapeutic
				radiation machine subject to section
				33.1-10-15-06 or
				33.1-10-15-07 shall be provided
				with such primary or secondary barriers, or both, as are necessary to ensure
				compliance with 33.1-10-04.2 [
				10 CFR
				20.1201 and 10 CFR 20.1301].
2. Facility design information for all new
				installations of a therapeutic radiation machine or installations of a
				therapeutic radiation machine of higher energy into a room not previously
				approved for that energy shall be submitted for department approval prior to
				actual installation of the therapeutic radiation machine. The minimum facility
				design information that must be submitted is contained in appendix A.
General Authority:
NDCC 23.1-03-02; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03; S.L. 2017,
					 ch. 199, § 18