HF 2304

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/15/2017 12:36pm

A bill for an act
relating to health; authorizing the use of certain handheld portable x-ray systems
in facilities; amending Minnesota Statutes 2016, section 144.99, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.1215] AUTHORIZATION TO USE HANDHELD DENTAL X-RAY
EQUIPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definition; handheld dental x-ray equipment. new text end

new text begin For purposes of this
section, "handheld dental x-ray equipment" means x-ray equipment that is used to take
dental radiographs, is designed to be handheld during operation, and is operated by an
individual authorized to take dental radiographs under chapter 150A.
new text end

new text begin Subd. 2. new text end

new text begin Use authorized. new text end

new text begin (a) Handheld dental x-ray equipment may be used if the
equipment:
new text end

new text begin (1) has been approved for human use by the United States Food and Drug Administration
and is being used in a manner consistent with that approval; and
new text end

new text begin (2) utilizes a backscatter shield that:
new text end

new text begin (i) is composed of a leaded polymer or a substance with a substantially equivalent
protective capacity;
new text end

new text begin (ii) has at least 0.25 millimeters of lead or lead-shielding equivalent; and
new text end

new text begin (iii) is permanently affixed to the handheld dental x-ray equipment.
new text end

new text begin (b) The use of handheld dental x-ray equipment is prohibited if the equipment's
backscatter shield is broken or not permanently affixed to the system.
new text end

new text begin (c) The use of handheld dental x-ray equipment shall not be limited to situations in which
it is impractical to transfer the patient to a stationary x-ray system.
new text end

new text begin (d) Handheld dental x-ray equipment must be stored when not in use, by being secured
in a restricted, locked area of the facility.
new text end

new text begin (e) Handheld dental x-ray equipment must be calibrated initially and at intervals that
must not exceed 24 months. Calibration must include the test specified in Minnesota Rules,
part 4732.1100, subpart 11.
new text end

new text begin (f) Notwithstanding Minnesota Rules, part 4732.0880, subpart 2, item C, the tube housing
and the position-indicating device of handheld dental x-ray equipment may be handheld
during an exposure.
new text end

new text begin Subd. 3. new text end

new text begin Exemptions from certain shielding requirements. new text end

new text begin Handheld dental x-ray
equipment used according to this section and according to manufacturer instructions is
exempt from the following requirements for the equipment:
new text end

new text begin (1) shielding requirements in Minnesota Rules, part 4732.0365, item B; and
new text end

new text begin (2) requirements for the location of the x-ray control console or utilization of a protective
barrier in Minnesota Rules, part 4732.0800, subpart 2, item B, subitems (2) and (3), provided
the equipment utilizes a backscatter shield that satisfies the requirements in subdivision 2,
paragraph (a), clause (2).
new text end

new text begin Subd. 4. new text end

new text begin Compliance with rules. new text end

new text begin A registrant using handheld dental x-ray equipment
shall otherwise comply with Minnesota Rules, chapter 4732.
new text end

Sec. 2.

Minnesota Statutes 2016, section 144.99, subdivision 1, is amended to read:

Subdivision 1.

Remedies available.

The provisions of chapters 103I and 157 and sections
115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14),
and (15); 144.1201 to 144.1204; 144.121; new text begin 144.1215; new text end 144.1222; 144.35; 144.381 to 144.385;
144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98;
144.992; 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and all rules, orders,
stipulation agreements, settlements, compliance agreements, licenses, registrations,
certificates, and permits adopted or issued by the department or under any other law now
in force or later enacted for the preservation of public health may, in addition to provisions
in other statutes, be enforced under this section.