North Dakota Administrative Code

Sources of radiation shall be subject to impounding pursuant to North Dakota Century Code section 23.1-03-14. History: Effective January 1, 2019. General Authority: NDCC 28-32-02; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-03-14; S.L. 2017, ch. 199, § 18

The following sources of ionizing radiation are prohibited: 1. A hand held fluoroscopic screen shall not be used with x-ray equipment unless it has been listed in the registry of sealed source and devices or accepted for certification by the United States food and drug administra…

All communications and reports concerning this article and applications filed thereunder shall be addressed to the department as follows: Mailing and shipping address: Department of Environmental Quality Division of Waste Management 4201 Normandy Street, Second Floor Bismarck, ND…

1. As used in these rules, the unit of exposure is the coulomb per kilogram (C/kg) of air. One roentgen is equal to two hundred fifty-eight millionths coulomb per kilogram of air. 2. As used in these rules, the units of dose are: a. Rad is the special unit of absorbed dose. One r…

1. This chapter provides for the registration of radiation machine facilities and for the registration of persons providing radiation machine installation, servicing, or services. 2. In addition to the requirements of this chapter, all registrants are subject to the applicable pr…

As used in this chapter, "facility" means the location at which one or more devices or sources are installed or located, or both, within one building, vehicle, or under one roof and are under the same administrative control. History: Effective January 1, 2019. General Authority: …

1. Electronic equipment that produces radiation incidental to its operation for other purposes is exempt from the registration and notification requirements of this chapter, providing that the dose equivalent rate averaged over an area of ten square centimeters does not exceed fi…

Each person having a radiation machine facility shall: 1. Apply for registration of such facility with the department prior to the operation of a radiation machine facility. Application for registration shall be completed on forms furnished by the department and shall contain all…

1. Each person who is engaged in the business of installing or offering to install radiation machines or is engaged in the business of furnishing or offering to furnish radiation machine servicing or services in this state shall apply for registration of such services with the de…

1. Upon a determination that an applicant meets the requirements of the article, the department shall issue a notice of registration. 2. The department may incorporate in the notice of registration at the time of issuance or thereafter by appropriate rule, or order, such addition…

Except as provided by subsection 2 of section 33.1-10-02-07, each notice of registration shall expire at the end of the first day in the month and year stated therein. History: Effective January 1, 2019. General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1 Law Implemented:…

1. Application for renewal of registration shall be filed in accordance with subsection 1 of section 33.1-10-02-03 or subsection 2 of section 33.1-10-02-04. Each application for registration shall be accompanied by the fee prescribed in chapter 33.1-10-11. 2. In any case in which…

The registrant shall notify the department, in writing, before making any change which would render the information contained in the application for registration or the notice of registration no longer accurate. History: Effective January 1, 2019. 3 General Authority: NDCC 23.1-0…

No person, in any advertisement, shall refer to the fact that the person or the person's facility is registered with the department pursuant to the provisions of subsection 1 of section 33.1-10-02-03 or subsection 2 of section 33.1-10-02-04 and no person shall state or imply that…

1. Any person who sells, leases, transfers, lends, disposes, assembles, or installs radiation machines in this state shall notify the department within fifteen days of: a. The name and address of persons who have received these machines. b. The manufacturer, model, and serial num…

1. Whenever any radiation machine is to be brought into the state, for any temporary use, the person proposing to bring such machine into the state shall give written notice to the department at least three days before such machine is to be used in the state. The notice shall inc…

part 30. 10 Code of Federal Regulations 30.1, 30.2, 30.3, 30.4, 30.7, 30.9, 30.10, 30.11, 30.12, 30.13, 30.14, 30.15, 30.18, 30.19, 30.20, 30.21, 30.22, 30.31, 30.32, 30.33, 30.34, 30.35, 30.36, 30.37, 30.38, 30.39, 30.41, 30.50, 30.51, 30.52, 30.53, 30.61, 30.62, 30.70, 30.71, a…

part 20. 10 Code of Federal Regulations 20.1001, 20.1002, 20.1003, 20.1004, 20.1005, 20.1008, 20.1101, 20.1201, 20.1202, 20.1203, 20.1204, 20.1206, 20.1207, 20.1208, 20.1301, 20.1302, 20.1401, 20.1402, 20.1403, 20.1404, 20.1405, 20.1406, 20.1501, 20.1502, 20.1601, 20.1602, 20.170…

Each registrant shall provide dose monitoring and shall monitor occupational exposure to ensure compliance for: 1. Occupational dose limits to adults pursuant to 10 CFR 20.1201. 2. Occupational dose limits to minors pursuant to 10 CFR 20.1207. 3. The dose equivalent to an embryo/…

Each licensee or registrant shall ensure that individuals who are required to monitor occupational doses in accordance with 10 CFR 20.1502 wear individual monitoring devices as follows: 1. An individual monitoring device used for monitoring the dose to the whole body shall be wor…

When a protective apron is worn while working with medical fluoroscopic equipment and monitoring is conducted as specified in subdivision d, the effective dose equivalent for external radiation shall be determined as follows: 1. When only one individual monitoring device is used …

1. The registrant shall secure registered radiation machines from unauthorized removal. 2. The registrant shall use devices or administrative procedures to prevent unauthorized use of registered radiation machines. History: Effective January 1, 2019. General Authority: NDCC 23.1-…

Each registrant shall ensure that each radiation machine is labeled in a conspicuous manner which cautions individuals that radiation is produced when it is energized. History: Effective January 1, 2019. General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1 Law Implemented:…

Each specific licensee or registrant shall, no less than thirty days before vacating or relinquishing possession or control of premises which may have been contaminated with radioactive material as a result of the licensee's or registrant's activities, notify the department in wr…

part 34. 10 Code of Federal Regulations 34.1, 34.3, 34.11, 34.13, 34.20, 34.21, 34.23, 34.25, 34.27, 34.29, 34.31, 34.33, 34.35, 34.41, 34.42, 34.43, 34.45, 34.46, 34.47, 34.49, 34.51, 34.53, 34.61, 34.63, 34.65, 34.67, 34.69, 34.71, 34.73, 34.75, 34.79, 34.81, 34.83, 34.85, 34.8…

This chapter establishes requirements, for which a registrant is responsible, for use of x-ray equipment and imaging systems by or under the supervision of an individual authorized by and licensed in accordance with state statutes to engage in the healing arts or veterinary medic…

As used in this chapter, the following definitions apply: 1. "Absorbed dose" means the energy imparted by ionizing radiation per unit mass of irradiated material. The units of absorbed dose are the gray (Gy) and the rad. 2. "Accessible surface" means surface of equipment or of an…

1. Administrative controls. 10 a. Registrant. The registrant shall be responsible for directing the operation of the x-ray systems which have been registered with the department. The registrant or the registrant's agent shall assure that the requirements are met in the operation …

In addition to other requirements of this chapter, all diagnostic x-ray systems shall meet the following requirements: 1. Warning label. The control panel containing the main power switch shall bear the warning statement, legible and accessible to view: "WARNING: This x-ray unit …

All fluoroscopic x-ray systems shall be image-intensified and meet the following requirements: 1. Limitation of useful beam. a. Primary barrier. (1) The fluoroscopic imaging assembly shall be provided with a primary protective barrier which intercepts the entire cross-section of …

densitometry, or computed tomography x-ray systems. 1. Beam limitation requirements for systems without positive beam limitation including portable x-ray systems. The useful beam shall be limited to the area of clinical interest. a. General purpose stationary and mobile x-ray sys…

In addition to the requirements of sections 33.1-10-06-03 and 33.1-10-06-04, the requirements of this section apply to x-ray equipment and associated facilities used for dental radiography. Criteria for extraoral dental radiographic systems are covered in section 33.1-10-06-06. O…

CHAPTER 33.1-10-06 X-RAYS IN THE HEALING ARTS Section 33.1-10-06-01 Scope 33.1-10-06-02 Definitions 33.1-10-06-03 General Requirements 33.1-10-06-04 General Requirements for All Diagnostic X-Ray Systems 33.1-10-06-05 Fluoroscopic X-Ray Systems 33.1-10-06-06 Radiographic Systems O…

CHAPTER 33.1-10-06 X-RAYS IN THE HEALING ARTS Section 33.1-10-06-01 Scope 33.1-10-06-02 Definitions 33.1-10-06-03 General Requirements 33.1-10-06-04 General Requirements for All Diagnostic X-Ray Systems 33.1-10-06-05 Fluoroscopic X-Ray Systems 33.1-10-06-06 Radiographic Systems O…

CHAPTER 33.1-10-06 X-RAYS IN THE HEALING ARTS Section 33.1-10-06-01 Scope 33.1-10-06-02 Definitions 33.1-10-06-03 General Requirements 33.1-10-06-04 General Requirements for All Diagnostic X-Ray Systems 33.1-10-06-05 Fluoroscopic X-Ray Systems 33.1-10-06-06 Radiographic Systems O…

1. Definitions. In addition to the definitions provided in sections 33.1-10-01-04 and 33.1-10-06-02, the following definitions are applicable to this section: a. "Computed tomography dose index" means the integral from -7T to +7T of the dose profile along a line perpendicular to …

1. Bone densitometry systems shall be: a. Certified by the manufacturer pursuant to the Medical Device Act and part C - electronic product radiation control (EPRC) of chapter V of the Federal Food, Drug and Cosmetic Act; b. Registered in accordance with chapter 33.1-10-02 of thes…

part 35. 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,…

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. History: Effective January 1, 2019. General Authority: NDCC 28-3…

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 compos…

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…

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 …

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 obtaine…

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 equi…

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 en…

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…

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 resp…

part 19. 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 Fe…

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. History: Eff…

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. History: Effective January 1, 2019. General Authority: NDCC 23.1-03-04, 23.1-03-09; S.L. 2017, ch. 199, § 1 Law Impleme…