N.Y. Comp. Codes R. & Regs. tit. 10 § 16.50

Current through Register Vol. 46, No. 45, November 2, 2024

Section 16.50 - Registration of installations with radiation equipment; notification of transfer of radiation equipment

(a) No person shall establish, maintain or operate any radiation installation at which is located or used any radiation equipment in operable condition or intended to be used, unless such installation has been registered as evidenced by a current certificate of registration issued to the operator thereof by the department or has been registered in an alternate manner accepted by the department in accordance with subdivision (j) of this section.[FN10]

(b) Application for the registration of a radiation installation as described in subdivision (a) of this section shall be made by the operator thereof to the department on a written form and in a manner prescribed by the department. The times for making application shall be as follows:

(1) for an installation not in registered status, between 60 and 30 days prior to the establishment of the installation;

(2) for an installation in registered status with a current certificate of registration, between 60 and 30 days prior to the expiration of such certificate unless the certificate is revoked or the installation is discontinued upon or before the expiration of the certificate; and

(3) for an installation with respect to which either the operator or location is changed, between 60 and 30 days prior to such change.

(c) The department may withhold, suspend or revoke a certificate of registration if it finds that:

(1) the information submitted in the application is incorrect or incomplete; or

(2) the fees for registration and/or the certificate have not been paid as required; or

(3) the installation is, has been or will be established, maintained or operated in violation of the State Public Health Law, the State Sanitary Code (Chapter I of this Title) or any other applicable law, rule, regulation or order; or

(4) the certificate has not been issued correctly.

(d) A certificate of registration shall be issued for a limited period of time extending from the date of issuance to the date of expiration as specified on the certificate. The length of such period of time shall not exceed two years except that the department may issue a certificate of registration for a longer period of time in order to stagger expiration dates for administrative purposes.

(e) The certificate of registration issued for a radiation installation to the operator thereof shall expire upon:

(1) the expiration date specified on the certificate; or

(2) revocation by the department; or

(3) a change of the operator; or

(4) a change in location of the radiation installation if it is not a mobile unit; or

(5) a change in the name of the installation; or

(6) the discontinuance of the installation.

(f) A certificate of registration shall not be transferable or assignable.

(g) An unexpired certificate of registration issued for a radiation installation shall be conspicuously posted at the installation and made available by the operator, upon request, to the department, the health officer having jurisdiction, or other person or agency making a survey of the installation pursuant to section 16.10(a)(1) of this Part.

(h) The certificate of registration shall not imply endorsement or approval by the department and shall not be used to advertise or promote business.

(i) The operator of a radiation installation shall keep correct and complete the information submitted in his application for registration by reporting to the department in writing within 10 days any change affecting such information.

(j) The department may accept, in lieu of registration with the department, registration with the New York City Department of Health. Acceptance of registration may be done only for radiation installations surveyed under an inspection program conducted by the New York City Department of Health, as described in paragraph (1) of subdivision (a) of section 16.10 of this Part. As a condition of the department's acceptance of registration pursuant to this section, the registering agency shall furnish to the department in writing, at such times and in such form as the commissioner may prescribe, pertinent information concerning the registration of each and every radiation installation registered by the agency. The information furnished to the department shall cover at least those items contained in the department's application form for registration of a radiation installation.

(k) The distributor, retailer or other agent who sells, leases, transfers, loans or installs X-ray or fluoroscopic equipment or other radiation equipment subject to the registration requirements of this section shall notify the department, in writing within 10 days after making such sale, lease, transfer, loan or installation on, and in accordance with the instructions of, a form prescribed by the department.

(l) No person shall make, sell, lease, transfer, loan or install radiation equipment subject to the registration requirements of this section or the supplies used in connection with such equipment unless such supplies and equipment, when placed in operation and used, will meet the requirements of this Part.

[FN10] Radiation equipment exempted from the requirements of this Part under section 16.4 is exempt from the registration requirement.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 16.50