North Dakota Administrative Code

The department may enter into a cost-sharing agreement with an owner of a listed site that is not a responsible party. Cost-sharing agreements involve the site owner conducting department-approved activities and receiving partial reimbursement from the department for the costs of…

It is the purpose of this article to state such requirements as shall be applied in the use of all sources of ionizing radiation within North Dakota. This article provides for the protection of public health and maximum safety to all persons at, or in the vicinity of the place of…

Except as otherwise specifically provided, this article applies to all persons who receive, possess, use, transfer, own, or acquire any source of radiation, provided; however, that nothing in this article shall apply to any person to the extent such person is subject to regulatio…

The department of environmental quality has been authorized to provide and administer this article under the provisions of North Dakota Century Code chapter 23.1-03. History: Effective January 1, 2019. General Authority: NDCC 28-32-02; S.L. 2017, ch. 199, § 1 Law Implemented: NDC…

As used in this article, these terms have the definitions set forth below. Additional definitions used only in a certain section will be found in that section. Terms not defined in this article shall have the meaning given them in North Dakota Century Code chapter 23.1-03. 1. "Ab…

1. General provision. The department may, upon application therefore or upon its own initiative, grant such exemptions or exceptions from the requirements of this article as it determines are authorized by law and will not result in undue hazard to public health and safety or pro…

Each licensee and registrant shall maintain records showing the receipt, transfer, and disposal of all sources of radiation. Additional record requirements are specified elsewhere in this article. History: Effective January 1, 2019. General Authority: NDCC 23.1-03-04; S.L. 2017, …

1. Each licensee and registrant shall afford the department at all reasonable times, opportunity to inspect sources of radiation and the premises and facilities wherein such sources of radiation are used or stored. 2. Each licensee and registrant shall make available to the depar…

Each licensee and registrant shall perform upon instructions from the department or shall permit the department to perform such reasonable tests as the department deems appropriate or necessary including tests of: 1. Sources of radiation. 2. Facilities where sources of radiation …

The department may, by rule or order, impose upon any licensee or registrant such requirements in addition to those established in this article as it deems appropriate or necessary to minimize danger to public health and safety or property. History: Effective January 1, 2019. Gen…

An injunction or other court order may be obtained prohibiting any violation of any provision of North Dakota Century Code chapter 23.1-03 or any rules or order issued thereunder. Any person who violates any provision of North Dakota Century Code chapter 23.1-03 or any rule or or…

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 …