Section 33.1-10-09-02 - Registration procedure1.Registration requirements. No person shall receive, possess, use, transfer, own, or acquire a particle accelerator except as authorized in a registration issued pursuant to chapter 33.1-10-02.2.General requirements for the issuance of a registration for particle accelerators. (Refer to 33.1-10-02.) In addition to the requirements of 33.1-10-02, a registration application for use of a particle accelerator will be approved only if the department determines all of the following: a. The applicant is qualified by reason of training and experience to use the accelerator in question for the purpose requested in accordance with this chapter and 33.1-10-04.2 and 33.1-10-10.1 in such a manner as to minimize danger to public health and safety or property.b. The applicant's proposed or existing equipment, facilities, operating, and emergency procedures are adequate to protect health and minimize danger to public health and safety or property.c. The issuance of the registration will not be inimical to the health and safety of the public, and the applicant satisfies any applicable special requirement in subsection 3.d. The applicant has appointed a radiation safety officer.e. The applicant or the applicant's staff has substantial experience in the use of particle accelerators and training sufficient for application to its intended uses.f. The applicant has established a radiation safety committee to approve, in advance, proposals for uses of particle accelerators, whenever deemed necessary by the department.g. The applicant has an adequate training program for particle accelerator operators.3.Human use of particle accelerators. In addition to the requirements set forth in 33.1-10-02, a registration for use of a particle accelerator in the healing arts will be issued only if all of the following are met: a. Whenever deemed necessary by the department, the applicant has appointed a medical committee of at least three members to evaluate all proposals for research, diagnostic, and therapeutic use of a particle accelerator. Membership of the committee should include physicians expert in internal medicine, hematology, therapeutic radiology, and a person experienced in depth dose calculations and protection against radiation.b. The individuals designated on the application as the users have substantial training and experience in deep therapy techniques or in the use of particle accelerators to treat humans.c. The individual designated on the application as the user must be a physician.N.D. Admin Code 33.1-10-09-02
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04; S.L. 2017, ch. 199, § 18