No. 29106: R313-28. Use of X-Rays in the Healing Arts

DAR File No.: 29106
Filed: 10/05/2006, 10:58
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 19-3-104 authorizes the Utah Radiation Control Board to make rules necessary for controlling exposure to sources of radiation that constitute a significant health hazard; to meet the requirements of federal law relating to radiation control to ensure the radiation control program under this part is qualified to maintain primacy from the federal government; and to establish requirements and procedures for mammography facilities, and certification procedures and qualifications for persons who survey mammography equipment and oversee quality assurance practices at mammography facilities. Section 19-3-108 allows the Executive Secretary, as authorized by the Board, to issue licenses, review and approve plans, enforce rules, impound radioactive material and authorize employees or representatives of the department to enter at reasonable times and upon reasonable notice in and upon public or private property for the purpose of inspecting and investigating conditions and records concerning radiation sources.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

A rulemaking action, with an effective date of December 14, 2001, had a 30-day public comment period from November 1, 2001, to December 3, 2001. No comments were received for this rulemaking action.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

There are thousands of x-ray machines in use and hundreds of thousands of radiographs taken by health practitioners in Utah each year. This rule governs the use of x-ray machines in the state. For the most part, there are no Federal regulations that govern the use of x-ray machines after they are installed in health care facilities. (The federal government has regulations governing the use of mammography equipment.) This rule is needed to ensure that the x-ray equipment is functioning properly, and the use of this equipment is done in a safe manner. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Radiation Control
168 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Philip Griffin at the above address, by phone at 801-536-4261, by FAX at 801-533-4097, or by Internet E-mail at [e-mail]

Authorized by:

Dane Finerfrock, Director