ARTICLE 175 RADIATION CONTROL - New York City

ARTICLE 175 RADIATION CONTROL

PART I. GENERAL PROVISIONS

?175.01 ?175.02 ?175.03 ?175.04 ?175.05 ?175.06 ?175.07

Applicability and communications. Inspections and fees. Professional practitioners and related provisions. Prohibited uses and activities. Vacating premises. Modifications and variance. Enforcement.

PART II. RADIATION EQUIPMENT

Radiation protection

?175.08

Definitions.

?175.09

Radiation protection programs.

?175.10

Radiation safety officer.

?175.11

Communications with workers.

?175.12

Quality Assurance (QA) program requirements for diagnostic facilities.

?175.13

Occupational dose limits.

?175.14

Dose limits for individual members of the public.

?175.15

Compliance with dose limits for individual members of the public.

?175.16

Surveys and monitoring.

?175.17

Conditions requiring individual monitoring of external occupational dose.

?175.18

Location of individual monitoring devices.

?175.19

Labeling radiation machines.

Records ?175.20 ?175.21 ?175.22 ?175.23 ?175.24

Records of radiation protection programs. Determination and records of prior occupational dose. Records of individual monitoring results. Records of dose to individual members of the public. Form of records.

Reports ?175.25 ?175.26

Notification and reporting of events. Reports to individuals of exceeding dose limits.

Registration and operation

?175.40

Registration of radiation machine facilities.

?175.41

Certified registration for therapeutic radiation machines.

?175.42

Registration of mobile service operations.

?175.43

Assembler or transfer obligation.

?175.44

Requirements for technical reports.

?175.46

Requirements for an operator's booth.

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Diagnostic equipment

?175.47

General requirements for all radiation equipment.

?175.48

Specific requirements for radiographic x-ray equipment.

?175.49

Specific requirements for dental facilities.

?175.50

Podiatric radiography.

?175.51

Veterinary radiography, dental and fluoroscopy.

?175.52

Dual-energy X-ray Absorptiometry (DXA) (Bone Densitometry).

?175.53

Fluoroscopic equipment.

?175.54

Mammography and breast stereotactic x-ray.

?175.55

Computed tomography (CT) equipment.

Therapeutic equipment

?175.60

Therapeutic radiation machines - general requirements.

?175.61

Therapeutic radiation machines - technical requirements.

?175.62

Therapeutic radiation machines - quality assurance requirements.

?175.63

Therapeutic radiation machines - medical events.

?175.64

Therapeutic radiation machines of less than 500 kV.

?175.65

Therapeutic radiation machines above 500 kV.

?175.66

Therapeutic radiation machines; calibration of survey instruments.

?175.67

Therapeutic radiation machines; shielding and safety design requirements.

?175.68

Therapeutic radiation machines - quality assurance for simulation systems.

?175.69

Therapeutic radiation machines - electronic brachytherapy.

?175.70

Therapeutic radiation machines - other use of electronically-produced radiation.

PART III. RADIOACTIVE MATERIALS

?175.100 ?175.101 ?175.102 ?175.103 ?175.104 ?175.105 ?175.106 ?175.107 ?175.108

Incorporation of federal regulations. Notices, instructions and reports to workers. Standards for protection against radiation. General requirements for radioactive materials. Specific types of radioactive materials licenses. Medical use of radioactive materials. Transportation and packaging of radioactive materials. Physical protection of category 1 and category 2 quantities of radioactive material. Quality assurance programs.

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ARTICLE 175 RADIATION CONTROL

PART I.

GENERAL PROVISIONS

?175.01

Applicability and communications.

(a) Applicability.

(1) Except as provided in subdivision (b) of this section, this Article applies to any person who sells,

transfers, assembles, receives, produces, possesses, or uses any radiation source in New York City.

(2) Part II of this Article (??175.08 ? 175.70) provides specific requirements for radiation equipment

registrants and certified registrants.

(3) Part III of this Article (??175.100 ? 175.108) provides specific requirements for radioactive

materials licensees.

(b) Inapplicability.

(1) This Article does not apply to any person with respect to any radiation source subject to

regulation, as provided for by law, by the New York State Departments of Health or Environmental

Conservation. This exclusion does not apply to the use of such sources in places where the general public

may be exposed; or to persons with respect to radiation sources used at industrial or commercial

establishments for the application of radiation to human beings.

(2) This Article does not apply to any common or contract carrier or any shipper operating within

New York City to the extent that such carrier or shipper is subject to regulation as provided for by law by

the U.S. Department of Transportation or other agencies of the United States or agencies of the State or

City of New York, except for compliance with provisions relating to transportation of radioactive

materials set forth in ?175.106.

(c) Communications. Except as otherwise provided for in this Article, or as authorized by the

Department, all applications, notifications, reports or other communications required by this Article must

be addressed to the Department at:

NYC Department of Health and Mental Hygiene

Office of Radiological Health 42-09 28th St, CN 60

Long Island City, New York 11101

?175.02

Inspections and fees.

(a) Inspections.

(1) Any radiation installation subject to the licensure or registration requirements of this Code shall

be inspected periodically to ensure compliance with the provisions of this Article and the

maintenance of radiation exposures as far below the limits set forth in this Articleas practicable.

Inspections shall be made at a frequency determined by the Department in its rules.

(2) Unless otherwise indicated, for newly-registered facilities, initial inspections shall be made at or

near the time of the beginning of operation.

(3) Inspections shall be made by the Department or, as the Department shall direct for dental and

podiatric installations, by a Certified Radiation Equipment Safety Officer (CRESO) approved by

the Department, to determine compliance with this Article and this Code.

(i) CRESOs must furnish an inspection report to the operator of the installation, in a form

prescribed by the Department and signed by the person who made the inspection, and provide

a copy thereof to the Department.

(ii) CRESOs must not charge or propose to charge a fee for an inspection above a fair and

reasonable amount as determined by the New York State Department of Health.

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(4) Re-inspections or other appropriate follow-up activities will occur to ensure that any violation found during an inspection and not corrected at the end of such inspection is subsequently corrected.

(b) Inspection fees. Notwithstanding any other provision of this Code, the Department is authorized to charge the following inspection fees pursuant to section 225 of the New York State Public Health Law and the regulations promulgated thereunder:

(1) For radiation equipment facilities required to have quality assurance programs pursuant to ?175.12, the following inspection fees apply, where examination means the conduct of an x-ray patient exam by radiographic or fluoroscopic or a CT unit regardless of the number of patient exposures or x-ray exposure time:

(i) Hospital-inspected facilities: (A) Large hospital (more than 40 tubes) base fee: $1960.00 (B) Medium hospital (21?40 tubes) base fee: $1585.00 (C) Small hospital (1?20 tubes) base fee: $1290.00

(ii) Non-hospital facilities: (A) Large (more than 2500 examinations per year) facility base fee: $670.00 (B) Small (less than 2500 examinations per year) facility base fee: $375.00

(iii) For each tube inspected at facilities identified in (i) or (ii) above of this paragraph, the following inspection fees apply in addition to the base fee: (A) Radiographic: $120.00 (B) Fluoroscopic: $175.00 (C) Mammographic: $295.00 (D) Dental: $60.00 (E) All other: $60.00

(iv) For radiation equipment facilities not required to have quality assurance programs pursuant to ?175.12, the following inspection fees apply: (A) First tube: $170.00 (B) Each additional tube: $60.00

(2) For linear accelerator facilities, the following is the base fee: $715.00 (3) For facilities licensed to possess and use radioactive materials, the following inspection fees

apply: (i) Specific licenses authorizing teletherapy or gamma stereotactic radiosurgery, the following is

the base fee: $320.00 (ii) Specific licenses of limited scope authorizing medical use (except for teletherapy or gamma

stereotactic radiosurgery) (A) Base fee: $610.00 (B) Per site fee: $140.00 (iii) Specific licenses of limited scope authorizing non-human use (A) Base fee: $385.00 (B) Per site fee: $160.00 (iv) Specific licenses of broad scope authorizing medical use (except for teletherapy or gamma stereotactic radiosurgery) (A) Base fee: $3515.00 (B) Per site fee: $140.00 (v) Specific license of broad scope authorizing research and development (non-human use) (A) Base fee: $2450.00 (B) Per site fee: $160.00 (c) Due date for inspection fees. Payment for inspection fees is due and payable 30 days after the billing date. Failure to pay any inspection fee may result in the suspension or revocation of a registration, certified registration or radioactive materials license.

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?175.03

Professional practitioners and related provisions.

(a) Nothing in this Article shall limit any human use of radiation in diagnostic and therapeutic procedures,

provided that with respect to human use of radioactive materials, such use is in accordance with a specific

license or registration issued pursuant to this Article, or an exemption therefrom, or under a license issued

by the New York State Department of Health or the United States Nuclear Regulatory Commission or an

Agreement State.

(b) Each professional practitioner who treats or diagnoses any alleged or proven case of radiation illness

or radiation injury to any individual, except that which can be expected in the normal course of radiation

therapy and interventional fluoroscopic exams, must report to the Department in writing within 7 days of

such treatment or diagnosis, the fact thereof and the full name, address, patient ID number, and age of

such individual diagnosed or treated.

(c) No person other than a professional practitioner acting within the scope of their practice shall direct or

order the application of radiation to a human being; nor shall any person other than a professional

practitioner or a person working under the direction, order, or direct supervision of a professional

practitioner apply radiation to a human being. Such direction, order to apply, application of, or

administration of radiation must be within the lawful scope of, and in the course of, the practitioner's

professional practice and must comply with the provisions of the license or other authorization of the

professional practitioner under the New York State Education Law, or any applicable successor law and

all regulations pertinent thereto, including, but not limited to provisions as to those parts of the human

body and those persons which the professional practitioner may diagnose, analyze or treat or to which she

may direct or order the application of, or apply, radiation, and provisions as to the type of radiation which

the professional practitioner may use and the purpose for which the professional practitioner may use it.

(d) A professional practitioner shall be responsible for the supervision of any radiation employee who

administers radiation to human beings to assure that each exposure is given consistent with expected

medical benefit and in accordance with applicable standards or requirements relating to the practice for

which such professional practitioner is licensed.

(e) A professional medical physicist shall be responsible for complying with the requirements of Article

166 of the New York State Education Law and applicable regulations, including Subpart 79-8 of Part 79

of Title 8 of the New York Codes, Rules and Regulations, or any applicable successor law or regulation.

(f) A licensed radiologic technologist must comply with applicable provisions of Article 35 of the New

York State Public Health Law and Part 89 of Title 10 of the New York Codes, Rules and Regulations in

order to provide services under this Article, including compliance with licensure requirements and the

limitations, (if any, established by the New York State Department of Health, Bureau of Radiologic

Technology) under which radiologic technologists and other persons, other than professional

practitioners, may apply x-rays to human beings and all regulations pertinent thereto so as to assure

maximum medical benefit with minimum radiation exposure.

?175.04

Prohibited uses and activities.

(a) Prohibited uses. The following are prohibited uses of radiation equipment:

(1) Hand-held fluoroscopic screens.

(2) Shoe-fitting fluoroscopic devices.

(3) Intraoral fluoroscopy in dental examinations.

(4) Photofluorographic equipment.

(5) Equipment employing bare overhead or uninsulated conductors.

(6) Non-image intensified fluoroscopes.

(7) Capacity energy storage equipment used to image humans, effective July 1, 2021.

(8) Intraoral dental x-ray machines operated at less than a measured 51 kVp effective July 1, 2021

(b) Prohibited activities.

(1) No person shall operate x-ray equipment such that the useful beam is applied to human beings

unless such individual is a professional practitioner or is otherwise authorized to operate x-ray

equipment pursuant to state law.

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