§ 2803 -   Exemptions

§ 2803. Exemptions

The prohibitions in section 2802 of this title shall not apply to dentists licensed under chapter 13 of this title and actions within their scope of practice nor to:

(1) Licensed practitioners acting within the scope of practice for their licensed field, provided that their practice acts and rules adopted thereunder make provisions for radiation safety and proper radiation practices determined in consultation with the board.

(2) Students of medicine, dentistry, podiatry, naturopathic medicine or chiropractic when participating in a program approved or recognized by the board of medical practice, dentistry or chiropractic, as appropriate, and when under the supervision of an instructor who is a licensed practitioner and when acting within the scope of practice for that licensed practitioner's field.

(3) Students in an approved school of radiologic technology under the supervision of a licensed practitioner or licensed radiologic technologist.

(4) Any person acting as an employee of the United States.

(5) Any of the following when operating dental radiographic equipment to conduct intraoral radiographic examinations under the general supervision of a licensed practitioner; and, any of the following when operating dental radiographic equipment to conduct specialized radiographic examinations including tomographic, cephalometric, or temporomandibular joint examinations, if the person has completed a course in radiography approved by the board of dental examiners and practices under the general supervision of a licensed practitioner:

(A) a certified dental hygienist;

(B) a registered dental assistant who has completed a course in radiography approved by the board of dental examiners; or

(C) a student of dental hygiene or dental assisting as part of the training program when directly supervised by a dentist, certified dental hygienist or a registered dental assistant.

(6) Individuals who are completing a course of training for limited radiographic licensure as required in subsection 2821(c) of this title and who work under direct personal supervision of a licensed practitioner. The exemption authorized by this subdivision shall be for one time only and for no more than six months. The licensed practitioner is professionally and legally responsible for work performed by the person completing the course of training. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 42; 1999, No. 52, § 17.)