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Chapter 144

Section 144.121

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144.121 X-RAY MACHINES; OTHER SOURCES OF IONIZING RADIATION.
    Subdivision 1. Registration; fees. The fee for the registration for x-ray machines and
other sources of ionizing radiation required to be registered under rules adopted by the state
commissioner of health pursuant to section 144.12, shall be in an amount as described in
subdivision 1a pursuant to section 144.122. The registration shall expire and be renewed as
prescribed by the commissioner pursuant to section 144.122.
    Subd. 1a. Fees for ionizing radiation-producing equipment. A facility with ionizing
radiation-producing equipment must pay an annual initial or annual renewal registration fee
consisting of a base facility fee of $66 and an additional fee for each radiation source, as follows:
(1)
medical or veterinary equipment
$
53
(2)
dental x-ray equipment
$
33
(3)
accelerator
$
66
(4)
radiation therapy equipment
$
66
(5)
x-ray equipment not used on humans or animals
$
53
(6)
devices with sources of ionizing radiation not used
on humans or animals
$
53
    Subd. 1b. Penalty fee for late registration. Applications for initial or renewal registrations
submitted to the commissioner after the time specified by the commissioner shall be accompanied
by a penalty fee of $20 in addition to the fees prescribed in subdivision 1a.
    Subd. 1c.[Repealed, 2007 c 85 s 5]
    Subd. 2. Inspections. Periodic radiation safety inspections of the sources of ionizing
radiation shall be made by the state commissioner of health. The frequency of safety inspections
shall be prescribed by the commissioner on the basis of the frequency of use of the source of
ionizing radiation; provided that each source shall be inspected at least once every four years.
    Subd. 3. Exemption. Notwithstanding rules adopted by the commissioner under section
144.12, subdivision 1, clause (15), practitioners of veterinary medicine are not required to conduct
densitometry and sensitometry tests as part of any ionizing radiation quality assurance program.
    Subd. 4.[Repealed, 2007 c 85 s 5]
    Subd. 5. Examination for individual operating x-ray equipment. (a) After January 1,
2008, an individual in a facility with x-ray equipment for use on humans that is registered
under subdivision 1 may not operate, nor may the facility allow the individual to operate,
x-ray equipment unless the individual has passed a national examination for limited x-ray
machine operators that meets the requirements of paragraphs (b) and (c) and is approved by
the commissioner of health.
    (b) The commissioner shall establish criteria for the approval of examinations based on
national standards, such as the examination in radiography from the American Registry of
Radiologic Technologists, the examination for limited scope of practice in radiography from the
American Registry of Radiologic Technologists for limited x-ray machine operators, and the
American Registry of Chiropractic Radiography Technologists for limited radiography in spines
and extremities; or equivalent examinations approved by other states. Equivalent examinations
may be approved by the commissioner, if the examination is consistent with the standards for
educational and psychological testing as recommended by the American Education Research
Association, the American Psychological Association, the National Council on Measurement in
Education, or the National Commission for Certifying Agencies. The organization proposing
the use of an equivalent examination shall submit a fee to the commissioner of $1,000 per
examination to cover the cost of determining the extent to which the examination meets the
examining standards. The collected fee shall be deposited in the state treasury and credited to
the state government special revenue fund.
    (c) The examination for limited x-ray machine operators must include:
    (1) radiation protection, equipment maintenance and operation, image production and
evaluation, and patient care and management; and
    (2) at least one of the following regions of the human anatomy: chest, extremities, skull and
sinus, spine, or ankle and foot. The examinations must include the anatomy of, and positioning
for, the specific regions.
    (d) A limited x-ray operator who is required to take an examination under this subdivision
must submit to the commissioner an application for the examination, a $25 processing fee, and
the required examination fee set by the national organization offering the examination. The
processing fee and the examination fee shall be deposited in the state treasury and credited to the
state government special revenue fund. The commissioner shall submit the fee to the national
organization providing the examination.
    Subd. 5a. Limited x-ray machine operator practice. (a) A limited x-ray operator may
only practice medical radiography on limited regions of the human anatomy for which the
operator has successfully passed an examination identified in subdivision 5, unless the operator
meets one of the exemptions described in paragraph (b). The operator may practice using
only routine radiographic procedures, for the interpretation by and under the direction of a
licensed practitioner, excluding computed tomography, the use of contrast media, and the use of
fluoroscopic or mammographic equipment.
    (b) This subdivision does not apply to:
    (1) limited x-ray machine operators who passed the examination that was required before
January 1, 2008;
    (2) certified radiologic technologists, licensed dental hygienists, registered dental assistants,
certified registered nurse anesthetists, and registered physician assistants;
    (3) individuals who are licensed in Minnesota to practice medicine, osteopathy, chiropractic,
podiatry, or dentistry; and
    (4) individuals who are participating in a training course in any of the occupations listed in
clause (2) or (3) for the duration and within the scope of the training course.
    Subd. 5b. Variance of scope of practice. The commissioner may grant a variance according
to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of practice of an
x-ray operator in cases where the delivery of health care would otherwise be compromised if a
variance were not granted. The request for a variance must be in writing, state the circumstances
that constitute hardship, state the period of time the facility wishes to have the variance for the
scope of practice in place, and state the alternative measures that will be taken if the variance
is granted. The commissioner shall set forth in writing the reasons for granting or denying the
variance. Variances granted by the commissioner specify in writing the time limitation and
required alternative measures to be taken by the facility. A request for the variance shall be
denied if the commissioner finds the circumstances stated by the facility do not support a claim of
hardship, the requested time period for the variance is unreasonable, the alternative measures
proposed by the facility are not equivalent to the scope of practice, or the request for the variance
is not submitted to the commissioner in a timely manner.
    Subd. 6. Inspection. At the time a facility with x-ray equipment is inspected by the
commissioner of health in accordance with subdivision 2, an individual operating x-ray equipment
in the facility must be able to show compliance with the requirements of subdivision 5.
    Subd. 7.[Repealed, 1999 c 86 art 2 s 6]
    Subd. 8. Exemption from examination requirements; operators of certain bone
densitometers. (a) This subdivision applies to a bone densitometer that is used on humans to
estimate bone mineral content and bone mineral density in a region of a finger on a person's
nondominant hand, gives an x-ray dose equivalent of less than 0.001 microsieverts per scan, and
has an x-ray leakage exposure rate of less than two milliroentgens per hour at a distance of
one meter, provided that the bone densitometer is operating in accordance with manufacturer
specifications.
(b) An individual who operates a bone densitometer that satisfies the definition in paragraph
(a) and the facility in which an individual operates such a bone densitometer are exempt from the
requirements of subdivisions 5 and 6.
History: 1974 c 81 s 1; 1975 c 310 s 35; 1977 c 305 s 45; 1985 c 248 s 70; 1993 c 188 s 1,2;
1995 c 146 s 1-3; 1997 c 203 art 2 s 7-10; 1999 c 245 art 2 s 20; 2007 c 85 s 2; 2007 c 123 s 1-3
NOTE:Subdivision 5 was also amended by Laws 2007, chapter 85, section 3, to read
as follows:
    "Subd. 5. Examination for individual operating x-ray equipment. After January 1,
1997, an individual in a facility with x-ray equipment for use on humans that is registered
under subdivision 1 may not operate, nor may the facility allow the individual to operate, x-ray
equipment unless the individual has passed an examination approved by the commissioner of
health, or an examination determined to the satisfaction of the commissioner of health to be an
equivalent national, state, or regional examination, that demonstrates the individual's knowledge
of basic radiation safety, proper use of ionizing radiation-producing equipment, and quality
assurance procedures. The commissioner shall establish by rule criteria for the approval of
examinations required for an individual operating an x-ray machine in Minnesota."