136C.3 - DUTIES OF DEPARTMENT.

        136C.3  DUTIES OF DEPARTMENT.
         The department is designated the state radiation control agency
      and is responsible for regulating the installation and use of
      radiation machines and the use of radioactive materials in this state
      as provided in this chapter.  The department shall:
         1.  Establish minimum criteria and safety standards for the
      installation, operation, and use of radiation machines and
      radioactive materials.
         2. a.  Establish minimum training standards including
      continuing education requirements, and administer examinations and
      disciplinary procedures for operators of radiation machines and users
      of radioactive materials.  A state of Iowa license to practice
      medicine, osteopathic medicine, chiropractic, podiatry, dentistry,
      dental hygiene, or veterinary medicine, or licensure as a physician
      assistant pursuant to chapter 148C, or certification by the dental
      board in dental radiography, or by the board of podiatry in podiatric
      radiography, or enrollment in a program or course of study approved
      by the Iowa department of public health which includes the
      application of radiation to humans satisfies the minimum training
      standards for operation of radiation machines only.
         b.  The department shall establish a technical advisory
      committee made up of four technologists, one of whom shall be a
      limited radiography instructor, one of whom shall represent nuclear
      medicine technologists, one of whom shall represent radiation
      therapists, and one of whom shall represent diagnostic radiographers;
      five physicians, including one radiologist, one chiropractor, one
      physician representing either radiation therapy or nuclear medicine,
      one podiatrist, and one private practitioner; and a representative of
      the department.  The advisory committee shall assist the department
      in developing and establishing criteria for the administration of
      this subsection.
         3.  Develop programs for evaluation and control of hazards
      associated with the use of sources of radiation with due regard for
      compatibility of a proposed program with federal programs regulating
      byproduct, source, and special nuclear materials and considering
      consistency of a proposed program with federal programs for
      regulation of radiation machines.
         4.  Adopt, publish, and amend rules in accordance with chapter 17A
      as necessary for the implementation and enforcement of this chapter.
      The rules may provide for the licensing and control of radioactive
      materials with due regard for compatibility with federal regulatory
      programs.
         5.  Issue orders as necessary in connection with licensing and
      registration of radiation machines and radioactive materials.
         6.  Advise, consult, and cooperate with other agencies of the
      state, the federal government, other states and interstate agencies,
      political subdivisions, and other organizations concerned with
      control of sources of radiation.
         7.  Encourage, participate in, or conduct studies, investigations,
      training, research, and demonstrations relating to control of sources
      of radiation.
         8.  Collect and disseminate information relating to control of
      sources of radiation.  The department shall maintain the following
      information on file:
         a.  License applications, issuances, denials, amendments,
      transfers, renewals, modifications, suspensions, and revocations.
         b.  A list of persons possessing sources of radiation
      requiring registration under this chapter and any administrative or
      judicial action involving each person.
         c.  Departmental rules relating to regulation of sources of
      radiation, existing or pending, and related actions.
         9.  Adopt rules requiring the keeping of such records with respect
      to activities under licenses and registration certificates issued
      pursuant to this chapter as the department determines necessary to
      effect the purposes of this chapter.
         10.  Adopt rules specifying the minimum training and performance
      standards for an individual using a radiation machine for
      mammography, and other rules necessary to implement section 136C.15.
      The rules shall complement federal requirements applicable to similar
      radiation machinery and shall not be less stringent than those
      federal requirements.  
         Section History: Early Form
         [C79, 81, § 136C.3] 
         Section History: Recent Form
         84 Acts, ch 1286, § 1; 86 Acts, ch 1217, § 1; 88 Acts, ch 1225, §
      1; 90 Acts, ch 1233, § 6; 92 Acts, ch 1054, § 1; 92 Acts, ch 1163, §
      36; 99 Acts, ch 141, §12; 2007 Acts, ch 10, § 23; 2007 Acts, ch 218,
      §195; 2009 Acts, ch 133, §38
         Referred to in § 136C.5, 136C.10