Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-23-2 - Application, Enforcement2.1. Application - Except as otherwise specifically provided, this rule applies to all persons in West Virginia who receive, possess, use, transfer, own or acquire any source of ionizing radiation, however, nothing in this rule shall apply, except the provision for registration, to any person to the extent such person is subject to regulation by the United States Nuclear Regulatory Commission. For the purpose of this rule, radiation machines and radioactive materials used by, or in the possession of, an employee within the scope of his duties shall be considered to be in the possession of the employer. The provisions of Section 6. of this rule shall not be interpreted as limiting the intentional exposure of patients to radiation for the purpose of diagnosis or therapy by doctors of the healing arts, duly registered by the State of West Virginia and engaged in the lawful practice of their profession or administered by other professional persons acting under the direct supervision of a registered practitioner.2.2. Enforcement - The enforcement of this legislative rule is vested with the Director of the West Virginia Department of Health or his lawful designee.