Md. Code Regs. 26.12.02.03

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.12.02.03 - Licensing of Inspectors

A. Application For a License. A person may apply to the Department, on forms provided by the Department, for a license to inspect radiation machines or for the renewal or reinstatement of a previously issued license. The application shall contain all information indicated on the form.

B. Denial of Application.

(1) The Department shall deny an application for a license to inspect radiation machines if the applicant:

(a) Has not demonstrated compliance with the State Workers' Compensation Laws as required by Environment Article, § 1-202, Annotated Code of Maryland; or

(b) Has a financial arrangement with any business entity offering commercial sales or servicing of radiation machines.

(2) The Department may deny an application, or suspend or revoke a license, or grant a license with conditions, if it determines that the applicant or licensee does not have sufficient training or applied radiation machine experience to carry out the requirements of this regulation, has demonstrated improper performance in the inspection of radiation machines as provided under §C of this regulation, or has not performed any State certifications during a licensing period.

(3) Determination Criteria. The determination made by the Department under §B(2) of this chapter shall be made using the following criteria:

(a) The licensee shall have a level of training and applied radiation machine experience equal to or greater than one of the following sets of criteria:

(i) A bachelor's degree with 30 credit hours in the physical or biological sciences or mathematics, and 4 years of applied radiation machine experience acceptable to the Department;

(ii) A master's degree in health physics or medical radiological physics, and 2 years of applied radiation machine experience acceptable to the Department;

(iii) A doctor's degree in health physics or medical radiological physics, and 1 year of applied radiation machine experience acceptable to the Department;

(iv) Certification by the American Board of Health Physics or the American Board of Radiology, and 1 year of applied radiation machine experience acceptable to the Department; or

(v) An associate's degree with 15 credit hours in the physical or biological sciences or mathematics, and 10 years of applied radiation experience acceptable to the Department;

(b) In addition to the requirements of §B(3)(a) of this regulation, a licensee who inspects radiation machines having energy levels greater than one million electron volts shall have at least 1 year of experience at activities that provide information useful in the determination of compliance of these radiation machines with Section F.(9) and I. of the Regulations for the Control of Ionizing Radiation (1994), which is incorporated by reference in COMAR 26.12.01.01 a or the equivalent regulations of the federal government or of any other state.

(c) In addition to the requirements of §B(3)(a) or B(3)(b) of this regulation, a licensee who evaluates the performance of mammography equipment and facility quality assurance programs shall meet all qualifications for a medical physicist set forth in 21 CFR § 900.12(a)(3).

C. Suspension or Revocation of License. The Department may deny a renewal application or suspend or revoke a license if it determines that the inspector:

(1) Has a financial arrangement with any business entity offering commercial sales or servicing of radiation machines;

(2) Has falsified data on a report;

(3) Has used an inspection procedure found unacceptable under Regulation .05C;

(4) Is negligent in the performance of inspections such that significant errors result;

(5) Has performed an inspection for the purpose of State certification without having filed a report with the Department within 30 days of the inspection;

(6) Has violated any other applicable regulation in this chapter; or

(7) Has failed to provide, in the initial or renewal application for a medical physicist, documentation of information, such as continuing education.

D. Duration of Licenses. Unless a license is suspended or revoked as provided in §C of this regulation or has been issued with conditions, a license shall remain in effect for 3 years from the date of issuance.

E. License To Be Available.

(1) An inspector shall maintain the license or a copy of the license in his possession and shall show the license to every person for whom an inspection is to be performed before the inspection.

(2) The inspector shall make the license immediately available to the Department upon request.

Md. Code Regs. 26.12.02.03

Regulations .03 adopted April 30, 1987 (14:4 Md. R. 418)
Regulation .03 amended effective March 29, 2004 (31:6 Md. R. 510)
Regulation .03 amended effective 42:1 Md. R. 19, eff.1/19/2015