Chapter 7. DEPARTMENT OF HEALTH SERVICES - RADIATION CONTROL

Historical Note Section R9-7-1135 reserved when this Chapter was recodified (Supp. 18-1).

A. If a registrant maintains a permanent radiographic installation that does not fall within the definition of “enclosed radiography” in R9-7-102, the registrant shall ensure that each entrance used for personnel access to the high radiation area has either: 1. An entrance contro…

Historical Note Section R9-7-1137 reserved when this Chapter was recodified (Supp. 18-1).

A. A registrant shall maintain a copy of each record required by this Article and other applicable Articles of this Chapter at the location specified on the registration application. B. A registrant shall maintain a copy of the following at each field station and temporary job si…

Historical Note Section R9-7-1139 reserved when this Chapter was recodified (Supp. 18-1).

A. The Department has determined that any certified or certifiable cabinet x-ray system, as defined in Article 1, is exempt from the requirements of Article 11, provided that both of the following conditions are met: 1. The registrant makes, or causes to be made, an evaluation of…

Historical Note Section R9-7-1141 reserved when this Chapter was recodified (Supp. 18-1).

A. For x-ray systems designed to screen carry-on baggage or packages at airlines, railroads, bus terminals, package inspection facilities, or similar facilities, a registrant shall ensure the x-ray system has an operator present at the control area in a position that permits surv…

Historical Note Section R9-7-1143 reserved when this Chapter was recodified (Supp. 18-1).

Historical Note Section R9-7-1144 reserved when this Chapter was recodified (Supp. 18-1).

Historical Note Section R9-7-1145 reserved when this Chapter was recodified (Supp. 18-1).

A. A registrant shall not allow an individual to act as a radiographer until the individual has received training in the subjects in subsection (G), has participated in a minimum of two months of on-the-job training, and is certified through a radiographer certification program b…

A. Any application, request, response, or report required by any rule, order, application, or letter shall be considered timely if it is postmarked on or before the due date, or hand-delivered to the Department office before 5:00 p.m. on the due date. If the due date falls on a S…

A. All hearings shall be governed by Title 41, Chapter 6, Article 10. B. If the Radiation Regulatory Hearing Board is conducting a hearing, all motions and rulings shall be in writing, except those made during the hearing may be oral. The Board shall ensure that any agreements re…

Historical Note New Section R9-7-1203 recodified from R12-1-1203 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Section R9-7-1203 expired under A.R.S. § 41-1056(J) at 27 A.A.R. 826, effective November 3, 2020 (Supp. 21-2).

Historical Note New Section R9-7-1204 recodified from R12-1-1204 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Section R9-7-1204 expired under A.R.S. § 41-1056(J) at 27 A.A.R. 826, effective November 3, 2020 (Supp. 21-2).

Historical Note New Section R9-7-1205 recodified from R12-1-1205 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Section R9-7-1205 expired under A.R.S. § 41-1056(J) at 27 A.A.R. 826, effective November 3, 2020 (Supp. 21-2).

Historical Note Section R9-7-1206 reserved when this Chapter was recodified (Supp. 18-1).

Historical Note New Section R9-7-1207 recodified from R12-1-1207 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Section R9-7-1207 expired under A.R.S. § 41-1056(J) at 27 A.A.R. 826, effective November 3, 2020 (Supp. 21-2).

Historical Note Section R9-7-1208 reserved when this Chapter was recodified (Supp. 18-1).

Historical Note New Section R9-7-1209 recodified from R12-1-1209 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Section R9-7-1209 expired under A.R.S. § 41-1056(J) at 27 A.A.R. 826, effective November 3, 2020 (Supp. 21-2).

Historical Note New Section R9-7-1210 recodified from R12-1-1210 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Section R9-7-1210 expired under A.R.S. § 41-1056(J) at 27 A.A.R. 826, effective November 3, 2020 (Supp. 21-2).

Historical Note New Section R9-7-1211 recodified from R12-1-1211 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Section R9-7-1211 expired under A.R.S. § 41-1056(J) at 27 A.A.R. 826, effective November 3, 2020 (Supp. 21-2).

Historical Note New Section R9-7-1212 recodified from R12-1-1212 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Section R9-7-1212 expired under A.R.S. § 41-1056(J) at 27 A.A.R. 826, effective November 3, 2020 (Supp. 21-2).

A. The following violations are classified as severity level I violations: 1. Any failure, malfunction, or insufficiency of a safety system which may result in a. Radiation exposure to a person, b. A concentration of radionuclides; or c. A radiation level, in excess of 10 times t…

A. The Department may refrain from issuing a Notice of Violation for Severity Level IV or V violations identified by the registrant or licensee provided the severity level IV or V violations are identified in an inspection report, the report includes a brief description of the co…

A. Each registrant or license type is classified into one of three administrative sanction divisions. 1. Division I licenses and registrations: a. Broad Academic Class A, b. Broad Academic Class B, c. Broad Academic Class C, d. Broad Industrial Class A, e. Broad Medical, f. Class…

A. Except as augmented by R9-7-1217, the schedule of civil penalties is as follows: 1. Severity level I violations: a. Division I registration or license -- $4,000; b. Division II registration or license -- $3,000; c. Division III registration or license -- $2,000. 2. Severity le…

A. A continuing violation, for the purposes of calculating the proposed civil penalty, is considered a separate violation for each day it continues. The second (or successive) day of a continuing violation is not considered a repeat violation of the violation occurring on the fir…

Historical Note New Section R9-7-1218 recodified from R12-1-1218 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Section R9-7-1218 expired under A.R.S. § 41-1056(J) at 27 A.A.R. 826, effective November 3, 2020 (Supp. 21-2).

A. If a severity level I violation is repeated or if any second severity level I violation is committed within 10 years, the Department shall require the registrant or licensee to show cause why the registration or license should not be suspended or revoked. B. If any second seve…

A. The Director may issue an order to suspend, revoke, or modify a registration or license, or impound a radiation source for: 1. Any severity level I violation; or 2. Any of the following occurring within a five-year period: a. A repeat severity level II violation, b. A differen…

Historical Note Section R9-7-1221 reserved when this Chapter was recodified (Supp. 18-1).

Historical Note New Section R9-7-1222 recodified from R12-1-1222 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Section R9-7-1222 expired under A.R.S. § 41-1056(J) at 27 A.A.R. 826, effective November 3, 2020 (Supp. 21-2).

The Department shall perform an administrative completeness review and substantive review of an application for a new or renewal license or registration; or an amendment to a license or registration within the time-frames in Table A. The Department shall review an application for…

“Combined” means the Department has granted authorized activities contained in two or more license types in a single license document, requiring the payment of a single license fee for the more expensive license of the planned combination. Historical Note New Section R9-7-1301 re…

A. Category A licenses are those specific licenses that authorize a school, college, university, or other teaching facility to possess and use radioactive materials for instructional or research purposes. 1. A broad academic class A license is any category A license that meets th…

An applicant shall remit for a new license or new registration the appropriate fee as prescribed in R9-7-1306 and Table 13.1. Table of Fees. Historical Note New Section R9-7-1303 recodified from R12-1-1303 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Amended by final …

A. Each license or registration issued by the Department shall identify the category by a letter and number corresponding to the appropriate subsection of R9-7-1302 or the category and type listed in Table 13.1. Table of Fees. B. Except as specified in R9-7-1306(C), (D), and (E),…

A. An applicant licensee or registrant shall pay fees by check or money order, payable to the “State of Arizona” at the address shown on the application, license, registration, or renewal notice. B. Once a license or registration has been issued, no portion of the application fee…

A. The application fee or annual fee for each category and type is shown in Table 13.1. Table of Fees. B. The fee for a category D11 license, for a low-level radioactive waste disposal site, is $6,000,000 for years one through five. Based on data gathered during the first five ye…

Historical Note New Section R9-7-1307 recodified from R12-1-1307 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Repealed by final rulemaking at 26 A.A.R. 2939, with an immediate effective date of November 3, 2020 (Supp. 20-4).

A. A licensee or registrant may request an inspection of its facility at any time. The Department shall assess the licensee or registrant the full cost of the inspection, based on personnel time for preparation, travel, onsite inspection, review of findings, and preparation of a …

A. Any license or registration application for which the applicant has been provided a written notification of deficiencies in the application and for which the applicant does not make a written attempt to supply the requested information or request an extension in writing within…

A. The following definitions apply to the requirements for any device producing nonionizing radiation: 1. “Diagnostic” means relating to or aiding in the determination of the source or nature of a disease, injury, or congenital defect. 2. “Therapeutic” means relating to the treat…

A. Except as provided in subsection (B), a person shall not use a device that produces nonionizing radiation regulated under this Article unless the device is registered by the Department. B. The following are exempt from the requirements in this Article: 1. A device that produce…

A. For the purposes of this Section: 1. “Install” includes: a. Assembling a device that produces nonionizing radiation, with or without any additional incorporated components, and selling and delivering the device to a customer in Arizona; b. Distributing a device or components o…

A. Except as specified in R9-7-1412 or R9-7-1414, the requirements in this Section do not apply to radiofrequency sources registered according to R9-7-1302(F)(8) or (12). B. Radiofrequency Equipment Safety: A registrant shall: 1. Except as specified in subsection (C), operate a r…

A. Safety Standards for Sunlamp Product Equipment: A registrant operating a facility using sunlamp products shall: 1. Not use a sunlamp product regulated under this Article, unless the sunlamp product is registered by the Department according to R9-7-1402; 2. Except as provided i…

A. Each laser product is classified on the basis of emission level, emission duration, and wavelength of accessible laser radiation emitted over the full range of resulting operational capability according to the federal performance standards for light-emitting products contained…