Oregon Administrative Code

333-090-0120 Application, Review, Award, and Agreement (1) To apply for a grant, an applicant, except for Federally Recognized Tribes in Oregon and the Urban Indian Health Program in Oregon, must submit a complete grant application in response to, and by the date specified in, an…

333-090-0130 Performance of Grantees, Record Keeping, Compliance Monitoring, and Reporting (1) A grant program recipient must maintain financial and accounting records as identified in the grant agreement. (2) To ensure proper compliance and monitoring of grants, grant program re…

333-090-0140 Standards for Repair and Rehabilitation Activities (1) Grant program recipients, except for Federally Recognized Tribes in Oregon, must ensure that repair and rehabilitation activities comply with contractor licensing requirements listed in ORS chapter 701 and any ap…

333-095-0000 Definitions As used in OAR 333-095-0000 through 333-095-0030, unless the context requires otherwise: (1) “Administrator” means the Administrator of the Oregon Public Health Division or any authorized representative. Authorized representatives include employees of the…

333-095-0010 Purpose It is the purpose of these rules to: (1) Ensure that inspection of dwellings and other nonoccupational premises thought to pose elevated risk of lead exposure to occupants can be performed; (2) Ensure that investigations and assessments can be done thoroughly…

333-095-0020 Investigations When results from screening tests, or other medical or diagnostic evidence, or environmental evidence indicates that occupants of any dwelling or other premises are or may be suffering from elevated lead levels, the Division may inspect the dwelling or…

333-095-0030 Notification of Occupants If investigation and testing of any premise reveals the presence of hazardous levels of lead in forms that present exposure hazards to occupants, the Administrator may notify such occupants of the hazards. Statutory/Other Authority: ORS 413.…

333-100-0001 Scope Except as otherwise specifically provided, these rules apply to all persons who acquire receive, possess, use, transfer, own, or dispose of any source of radiation; provided, however, that nothing in these rules shall apply to any person to the extent such pers…

333-100-0005 Definitions The following definitions apply to OAR chapter 333 divisions 100, 102, 103, 106, 111, 116, 118, 119, 120, 121, 122, 123, and 124. Additional definitions used only in a certain division can be found in that division. (1) "Absorbed dose" means the energy im…

333-100-0010 Additional Definitions Other definitions used only in a certain division of these rules will be found in that division. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 HD 4-1985, f. & …

333-100-0015 Interpretations Except as specifically authorized by the Agency in writing, no interpretation of the meaning of these rules by any officer or employee of the Agency, other than a written interpretation, will be recognized to be binding upon the Agency. Statutory/Othe…

333-100-0020 Prohibited Uses (1) Hand-held fluoroscopic screens shall not be used unless they have been listed in the Registry of Sealed Source and Devices or accepted for certification by the U.S. Food and Drug Administration, Center for Devices and Radiological Health. (2) Shoe…

333-100-0025 Exemptions (1) General Provision. The Authority may, upon a registrant's or licensee's request or upon its own initiative, grant an exemption from a requirement in OAR chapter 333, divisions 100 through 123 and 125 if the exemption will not result in an undue hazard …

333-100-0030 Additional Requirements The Agency may, by rule, regulation, or order, impose upon any licensee or registrant such requirements in addition to those established in these rules as it deems appropriate or necessary to minimize danger to public health and safety or prop…

333-100-0035 Violations An injunction or other court order may be obtained prohibiting any violation of any provision of the Act or any rule or order issued thereunder. Any person who willfully violates any provision of the Act or any rule or order issued thereunder may be guilty…

333-100-0040 Impounding Sources of radiation shall be subject to impounding pursuant to Section 453.705 of the Act. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 HD 4-1985, f. & ef. 3-20-85…

333-100-0045 Communications All communications and reports concerning these rules, and applications filed thereunder, should be addressed to Radiation Protection Services, Center for Health Protection, 800 NE Oregon Street, Suite 640, Portland, OR 97232. Statutory/Other Authority…

333-100-0050 Severability Should any section, subsection, paragraph, sentence, clause or phrase of these rules be declared unconstitutional or invalid for any reason, the remainder of these rules shall not be affected thereby. Statutory/Other Authority: ORS 453.635 Statutes/Other…

333-100-0055 Records Each licensee and registrant must maintain records showing the receipt, transfer, and disposal of all sources of radiation. Additional record requirements are specified elsewhere in these rules. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemente…

333-100-0057 Maintenance of Records Each record required by this division must be legible throughout the retention period. For the purposes of these rules and unless otherwise specified, records must be retained a minimum of five years. The record may be the original or a reprodu…

333-100-0060 Inspections (1) Each licensee and registrant must afford to the Authority at all reasonable times opportunity to inspect sources of radiation and radioactive material and the premises and facilities wherein such sources of radiation and radioactive material are used …

333-100-0065 Tests Each licensee and registrant must perform, or permit the Authority to perform, such tests as the Authority deems appropriate or necessary for the administration of the rules in this division and divisions 101, 105, 106, 108, 109, 112, 113, 115, 116, 117, 119, 1…

333-100-0070 Units of Exposure and Dose The Metric Conversion Act of 1975 (PL 94-168) urged the increasing awareness and use of the International System of Units (SI). The generally accepted regulatory values in the narrative portions of this document are followed by the SI equiv…

333-100-0080 Deliberate Misconduct (1) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor, of any licensee, or applicant for a license, who kn…

333-101-0001 Purpose and Scope (1) This division provides for the registration of radiation machines, general license radioactive materials, and for the licensing of persons providing radia-tion machine, radioactive material, or tanning installation, consultation, servicing, and/…

333-101-0003 Definitions (1) "Facility" means the location, building, vehicle, or complex under one administrative control, at which one or more devices or sources of radiation (X-ray, radioactive materials, or non-ionizing radiation) are installed. (2) "Health Physics Consultant…

333-101-0005 Application for Registration of Radiation Machines No X-ray machine shall be operated unless the registration application has been submitted by the registrant to the Authority. Each person having a radiation machine must: (1) Apply, in writing, for registration of su…

333-101-0007 Application for General License Registration for Radioactive Materials Gauges, In Vitro Testing, Source Material, Reference and Calibration Sources, and Reciprocal Recognition of Specific Radioactive Materials License Except for specific licensees granted a general l…

333-101-0010 Exemptions (1) Electronic equipment that produces radiation incidental to its operation for other purposes is exempt from the registration and notification requirements of this division, providing dose equivalent rate averaged over an area of 10 square centimeters do…

333-101-0015 Transfer or Disposal of Radiation Producing Machines or Equipment Whenever radiation producing machines or equipment, including general license devices containing radioactive material, are transferred or disposed of, the Authority must be notified in writing by the r…

333-101-0020 Application for License of Sales, Services, Consultation, and Servicing For Radiation Machines (1) Each person who is engaged in the business of selling, leasing, transferring, lending, installing, servicing, inspecting, repairing, inspecting, calibrating, consulting…

333-101-0023 Application for License of Sales, Consulting Services, and Servicing for Radioactive Materials Devices under General License (1) Each person who is engaged in the business of selling, installing, surveying, consulting, training, or servicing radioactive material in g…

333-101-0025 Out-of-State Radiation Machines (1) Whenever any radiation machine is to be brought into the state for any temporary use (a period not in excess of 30 days), the person proposing to bring such machine into the state must give written notice to the Authority (at least…

333-101-0035 Issuance of Notice of Registration for X-ray Machines (1) Upon a determination that an applicant meets the requirements of the rules, the Authority must issue a registration and/or a validation certificate. (2) The Authority may incorporate in the notice of registrat…

333-101-0040 Expiration of Notice of Registration (1) Except as provided by OAR 333-101-0045(2) each notice of registration shall expire at the end of the specified day in the month and year stated therein. (2) An X-ray machine registration shall terminate if the X-ray machine is…

333-101-0045 Renewal of Notice of Registration (1) Application for renewal of registration must be filed in accordance with OAR 333-101-0005 or 333-101-0020. (2) In any case in which a registrant has filed an application in proper form for renewal, not less than 30 days prior to …

333-101-0050 Report of Changes The registrant must notify the Authority in writing before making any change which would render the information contained in the application for registration and/or the notice of registration no longer accurate. Statutory/Other Authority: ORS 453.60…

333-101-0055 Approval Not Implied (1) No person, in any advertisement, shall refer to the fact that their facility is registered with the Authority pursuant to the provisions of OAR 333-101-0005 or 333-101-0020 and no person shall state or imply that any activity under such regis…

333-101-0060 Assembler and/or Transfer Obligation (1) Any person who sells, leases, transfers, lends, disposes, assembles or installs radiation machines in this state must notify the Authority within 15 days of: (a) The name and address of persons who have received these machines…

333-101-0065 Additional Requirements (1) No person shall use a radiation machine unless that machine is registered with the Oregon Health Authority in accordance with OAR 333-101-0005 or is exempt from the registration under OAR 333-101-0010 or 333-101-0025. (2) No registrant sha…

333-101-0070 X-ray Machine Registration Fee Proration (1) Not withstanding the registration requirements of division 103 of these rules, the Authority must, at the written request of the X-ray machine owner, adjust the registration expiration date of any X-ray machine to coincide…

333-101-0080 X-ray Machine Registration Denial, Suspension, Revocation and Conditions (1) The Authority may deny the registration or may grant a provisional registration permitting temporary operation pending compliance with Authority standards for any of the following: (a) The X…

333-101-0090 Investigation and Civil Penalty (1) If after an investigation by an Authority-employed X-ray machine inspector, the Authority has reason to believe that an act prohibited by OAR chapter 333, division 101 has been committed, the Authority may impose a civil penalty no…

333-101-0200 Hospital X-ray Machine Registration (1) Prior to issuance of an X-ray machine registration to a hospital, the X-ray machine must be approved by an X-ray machine inspector employed by the Authority or inspected by an Authority-accredited hospital radiology inspector; …

333-101-0210 Hospital Radiology Inspector An accredited hospital radiology inspector is an individual who has a combination of education and experience as indicated in OAR 333-101-0220. This individual must have been tested on knowledge of Authority radiation rules governing the …

333-101-0220 Hospital Radiology Inspector Qualifications (1) All applicants for licensure as hospital radiology inspectors must possess at a minimum one of the following combinations of education and experience: (a) One year of experience using X-ray machines and associated auxil…

333-101-0230 Hospital Radiology Inspector Testing (1) The Authority must offer quarterly examinations for licensure. A schedule of examination dates and times will be available upon request. The Authority reserves the right to alter or adjust examination dates, times and location…

333-101-0240 Hospital Radiology Inspector Accreditation (1) Accreditation as a radiology inspector shall be valid for two years and shall expire in the second year on the last day of the month of issuance unless renewed. (2) An accreditation may be renewed if the radiology inspec…

333-101-0250 Hospital Radiology Inspector Accreditation Revocation The Authority may condition, suspend, revoke, or refuse to renew accreditation of a radiology inspector for the following reasons: (1) Knowingly falsifying information included on the inspection report form suppli…

333-101-0260 Hospital Radiology Inspector Continuing Education (1) Each radiology inspector requesting an accreditation renewal must complete 10 clock hours of continuing education every two years from the date of accreditation to qualify for renewal of accreditation. (2) Accredi…