Section 2803 - ExemptionsThe prohibitions in section 2802 of this chapter shall not apply to dentists licensed under chapter 12 of this title and actions within their scope of practice nor to:
(1) Licensed practitioners acting within the scope of practice for their licensed field, including holders of limited temporary licenses to practice medicine as authorized by the Board of Medical Practice, provided that their practice acts and rules adopted thereunder have been expressly found by the Director, in consultation with advisors appointed under this chapter, to match or surpass the training in radiation safety and proper radiation practices required by this chapter and rules adopted under this chapter. (2) Students of medicine, dentistry, podiatry, naturopathic medicine, or chiropractic when participating in a program approved or recognized by the Board of Medical Practice, Board of Dental Examiners, or Board of Chiropractic, as appropriate, and when under the general supervision of an instructor who is a licensed practitioner and when acting within the scope of practice for that licensed practitioner's field.(3) Students in an approved school of radiologic technology under the general supervision of a licensed practitioner or licensed radiologic technologist.(4) Any person acting as an employee of the United States.(5) Any of the following when operating dental radiographic equipment to conduct intraoral radiographic examinations under the general supervision of a licensed practitioner; and any of the following when operating dental radiographic equipment to conduct specialized radiographic examinations, including tomographic, cephalometric, or temporomandibular joint examinations, if the person has completed a course in radiography approved by the Board of Dental Examiners and practices under the general supervision of a licensed practitioner:(A) a licensed dental therapist;(B) a licensed dental hygienist;(C) a registered dental assistant who has completed a course in radiography approved by the Board of Dental Examiners; or(D) a student of dental therapy, dental hygiene, or dental assisting as part of the training program when under the direct supervision of a licensed dentist, licensed dental therapist, licensed dental hygienist, or registered dental assistant.(6) Licensees certified in one of the three primary modalities set forth in section 2821a of this chapter preparing for postprimary certification in accordance with ARRT or NMTCB under the general supervision of a licensee already certified in the specific postprimary modality at issue.(7) Researchers operating bone densitometry equipment for body composition upon successful completion of courses on body composition and radiation safety approved by the Director. The Director shall not require this coursework to exceed eight hours. The Director may consider other exemptions from licensure for bona fide research projects subject to course and examination requirements as deemed necessary for public protection.Amended by 2024, No. 158,§ 12, eff. 6/6/2024.Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 42; 1999, No. 52 , § 17; 2011, No. 116 (Adj. Sess.), § 40; 2015 , No. 38, § 27, eff. 5/28/2015; 2017, No. 144 (Adj. Sess.), § 23; 2019 , No. 30 , § 18.