Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter E - REGISTRATION REGULATIONS › Section 289.229 - Radiation Safety Requirements for Accelerators, Therapeutic Radiation Machines, Simulators, and Electronic Brachytherapy Devices

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes radiation
											  safety requirements for the use of accelerators, therapeutic radiation machines, radiation therapy simulation
											  systems (simulators), and electronic brachytherapy devices. No person shall possess, use, transfer, or
											  acquire an accelerator, a therapeutic radiation machine, a radiation therapy simulation system (simulator),
											  or electronic brachytherapy device, except as authorized in a certificate of registration issued in
											  accordance with §
										289.226 of
											  this title (relating to Registration of Radiation Machine Use and Services) or as otherwise provided for in
											  this chapter.
(b) Scope.
(1)
											  This section applies to persons who receive, possess, use or transfer accelerators used in industrial
											  operations and research and development, and therapeutic radiation machines, radiation therapy simulation
											  systems (simulators), and electronic brachytherapy devices used in the healing arts and veterinary medicine.
											  Use of therapeutic radiation machines in the healing arts or veterinary medicine under this section shall be
											  by or under the supervision of a physician of the healing arts or a veterinarian. Use of electronic
											  brachytherapy devices under this section shall be by or under the supervision of a certified physician. The
											  registrant shall be responsible for the administrative control and for directing the use of the accelerators,
											  other therapeutic radiation machines, simulators, or electronic brachytherapy devices.
(2) The requirements of this section are in addition to and not in
											  substitution for other applicable 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, and §
											289.231
											  of this title (relating to General Provisions and Standards for Protection Against Machine-Produced
											  Radiation).
(3) Registrants engaged in industrial radiographic
											  operations are subject to the requirements of §
											289.255
											  of this title (relating to Radiation Safety Requirements and Licensing and Registration Procedures for
											  Industrial Radiography).
(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 United States Department of Health and Human
											  Services.