Section 30305 - Transition Appeals and Petitions for Rehearing(a)(1) This article pertains to use of X-rays in medicine, dentistry, osteopathy, chiropractic, podiatry, and veterinary medicine. The provisions of this article are in addition to, and not in substitution for, other applicable provisions of this regulation and of Group 1 of this subchapter.(2) Any existing machine or installation need not be replaced or substantially modified to conform to the requirements of this regulation provided that the user demonstrates to the Department's satisfaction achievement of equivalent protection through other means.(3) No person shall make, sell, lease, transfer, lend, or install X-ray or fluoroscopic equipment or the supplies used in connection with such equipment unless such supplies and equipment, when properly placed in operation or properly used, will meet the requirements of this regulation. This includes responsibility for the delivery of cones or collimators, filters, adequate timers and fluoroscopic shutters (where applicable).(4) For X-ray equipment manufactured after July 31, 1974, the user shall provide sufficient maintenance to keep the equipment in compliance with all applicable radiation protection sections of the Code of Federal Regulations, Title 21, Chapter 1, Subchapter J, Part 1020, Sections 1020.30, 1020.31, and 1020.32.(5) Each installation shall be provided with such primary barriers and/or secondary barriers as are necessary to ensure compliance with title 10, Code of Federal Regulations, part 20, ( 10 CFR 20) subparts C and D incorporated by reference in section 30253. Special requirements are contained in title 24, California Code of Regulations, Part 2, Chapter 31C, sections 3101 C through 3104C.(b) Use. (1) The user shall assure that all X-ray equipment under his jurisdiction is operated only by persons adequately instructed in safe operating procedures and competent in safe use of the equipment.(2) The user shall provide safety rules to each individual operating X-ray equipment under his control, including any restrictions of the operating technique required for the safe operation of the particular X-ray apparatus, and require that the operator demonstrate familiarity with these rules.(3) No user shall operate or permit the operation of X-ray equipment unless the equipment and installation meet the applicable requirements of these regulations and are appropriate for the procedures to be performed.(4) Deliberate exposure of an individual to the useful beam for training or demonstration purposes shall not be permitted unless there is also a medical or dental indication for the exposure and the exposure is prescribed by a physician or dentist.(c) Areas or rooms that contain permanently installed X-ray machines as the only source of radiation shall be posted with a sign or signs CAUTION
X-RAY
in lieu of other signs required by the United States, title 10, Code of Federal Regulations, part 20, section 20.1902 as incorporated by reference in section 30253.
(d) High radiation areas caused by radiographic and fluoroscopic machines used solely in the healing arts and which are in compliance with the access control and signal requirements of title 24, California Code of Regulations, Part 2, Chapter 31C, sections 3101 C through 3104C shall be exempt from the access control and signal requirements of 10 CFR 20, section 20.1601 as incorporated by reference in section 30253.(e) The user shall publically display at each installation where an individual performs, or supervises the performance of, radiologic technology, as defined in section 30400, either: (1) A copy of each of the individual's applicable current and valid certificate or permit issued pursuant to subchapter 4.5 (commencing at section 30400) of this chapter; or(2) A list of all such persons containing: (A) For each individual, the individual's name, the applicable certificate or permit number, and the expiration date as indicated on the Department issued document. This information shall be in a font size no less than 12 points; and(B) The statement "A copy of the individual's certificate or permit is available for viewing upon request." in a font size no less than 14 points.(f) If a user elects to post the list specified in subsection (e)(2), the user shall maintain the certificate or permit or a copy thereof for all individuals identified on the list.Cal. Code Regs. Tit. 17, § 30305
1. Amendment filed 3-5-71; effective thirtieth day thereafter. Approved by State Building Standards Commission 2-26-71. (Register 71, No. 10).
2. Renumbering and amendment filed 9-4-73 as an emergency; effective upon filing (Register 73, No. 36). Approved by State Building Standards Commission 11-30-73.
3. Certificate of Compliance filed 12-28-73 (Register 73, No. 52).
4. Amendment filed 6-24-80; effective thirtieth day thereafter (Register 80, No. 26).
5. New subsection (a)(5) and repealer of subsection (c) filed 6-18-87; operative 7-18-87 (Register 87, No. 28).
6. Amendment of article heading and new subsections (c) and (d) filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).
8. Change without regulatory effect amending subsections (a)(5) and (d) and amending NOTE filed 11-12-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 46).
9. New subsections (e)-(f) and amendment of NOTE filed 7-19-2018; operative 10-1-2018 (Register 2018, No. 29). Note: Authority cited: Sections 114975, 115000, 115060 and 131200, Health and Safety Code. Reference: Sections 114965, 114970, 115000, 115060, 131050, 131051 and 131052, Health and Safety Code.
1. Amendment filed 3-5-71; effective thirtieth day thereafter. Approved by State Building Standards Commission 2-26-71. (Register 71, No. 10).
2. Renumbering and amendment filed 9-4-73 as an emergency; effective upon filing (Register 73, No. 36). Approved by State Building Standards Commission 11-30-73.
3. Certificate of Compliance filed 12-28-73 (Register 73, No. 52).
4. Amendment filed 6-24-80; effective thirtieth day thereafter (Register 80, No. 26).
5. New subsection (a)(5) and repealer of subsection (c) filed 6-18-87; operative 7-18-87 (Register 87, No. 28).
6. Amendment of article heading and new subsections (c) and (d) filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).
8. Change without regulatory effect amending subsections (a)(5) and (d) and amending Note filed 11-12-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 46).
9. New subsections (e)-(f) and amendment of Note filed 7-19-2018; operative 10/1/2018 (Register 2018, No. 29).
1. New section filed 1-5-2018 as an emergency; operative 1-5-2018 (Register 2018, No. 1). Pursuant to Government Code section 15679, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 7-5-2018 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-8-2018 as an emergency; operative 7-6-2018 (Register 2018, No. 19). Pursuant to Government Code section 15679, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 10/4/2018 or emergency language will be repealed by operation of law on the following day.