Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter E - REGISTRATION REGULATIONS › Section 289.227 - Use of Radiation Machines in the Healing Arts

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes
											  requirements for the use of radiation machines in the healing arts.
(b) Scope.
(1) The registrant shall be
											  responsible for directing the operation of the radiation machines under the administrative control of the
											  registrant. The registrant shall assure that the requirements of this section are met in the operation of
											  such radiation machines. All usage of such machines under this section shall be made by or under the
											  supervision of a practitioner of the healing arts.
(2) In
											  addition to the requirements of this section, all registrants, unless otherwise specified, are subject to the
											  requirements of §
											289.203
											  of this title (relating to Notices, Instructions, and Reports to Workers; Inspections), §
											289.204
											  of this title (relating to Fees for Certificates of Registration, Radioactive Material Licenses, Emergency
											  Planning and Implementation, and Other Regulatory Services), §
											289.205 of this title
											  (relating to Hearing and Enforcement Procedures), §
											289.226 of
											  this title (relating to Registration of Radiation Machine Use and Services), and §
											289.231
											  of this title (relating to General Provisions and Standards for Protection Against Machine-Produced
											  Radiation).
(3) The use of mammography radiation machines is
											  subject to the requirements in §
											289.230
											  of this title (relating to Certification of Mammography Systems and Mammography Machines Used for
											  Interventional Breast Radiography), and §
											289.234 of this title (relating to
											  Mammography Accreditation). The use of dental radiation machines is subject to the requirements in §
											289.232
											  of this title (relating to Radiation Control Regulations for Dental Radiation Machines). However, dental
											  radiation machines located in a facility that also has other healing arts radiation machines will be
											  inspected at the intervals specified in §
											289.231(ll)(2)
											  of this title, and equipment performance evaluations performed at the interval specified for a medical
											  facility in subsection (o)(1) of this section. The use of radiation machines for veterinary medicine is
											  subject to the requirements in §
											289.233
											  of this title (relating to Radiation Control Regulations for Radiation Machines in Veterinary
											  Medicine).
(4) An entity that is a "covered entity" as that term
											  is defined in HIPAA (the Health Insurance Portability and Accountability Act of 1996, 45 Code of Federal
											  Regulations, Parts 160 and 164) may be subject to privacy standards governing how information that identifies
											  a patient can be used and disclosed. Failure to follow HIPAA requirements may result in the department making
											  a referral of a potential violation to the U.S. Department of Health and Human Services.