§ 68-202-201. Short Title
This part shall be known and may be cited as the “Radiological Health Service Act.”
§ 68-202-202. Part Definitions
As used in this part, unless the context otherwise requires: “By-product material” refers to any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; “Commissioner” means the commissioner of environment and conservation or the commissioner’s designated representative; […]
§ 68-202-203. Radiological Health Service — Creation — Functions
The commissioner is authorized and empowered to create and maintain within the department a section to be known as the radiological health service. The functions of this service include: The collection of information pertaining to radiological health and the dissemination of such to persons or groups of persons interested in radiation; The encouragement, participation in, […]
§ 68-202-204. Cooperation With Governmental Agencies Authorized
Except as otherwise provided by law, the department is authorized to cooperate with municipal, state, interstate and federal agencies in the administration of this part and in the execution of programs to protect the people from unnecessary or harmful radiation and to promote the peaceful uses of atomic energy and other forms of radiation consistent […]
§ 68-202-205. Expenditures
For the purpose of carrying out this part, the department is authorized to expend such funds as may be made available for this purpose through state legislative appropriation, federal grant-in-aid or gifts or donations made to the department specifically for this purpose.
§ 68-202-206. Rules and Regulations — Conflicting Local Ordinances, Resolutions or Regulations
The commissioner is authorized to promulgate and adopt such rules and regulations as are required elsewhere in this part or are otherwise necessary or desirable to implement this part. Such rules and regulations shall include: Requirements and standards regarding the manufacture, use, receipt, possession, storage and disposal of radiation sources; Licensing requirements and standards regarding […]
§ 68-202-207. Inspection and Examination of Radiation Sources
The commissioner is authorized to make such inspections and examinations of the manufacture, use, receipt, possession, storage and disposal of radiation sources which are subject to this part as the commissioner deems proper, and for this purpose has the right to enter at any reasonable hour upon any premises for such inspection or examination. Any […]
§ 68-202-208. Registration by Owner or Possessor of Radiation Machines — Exceptions
Every person receiving ownership or possession of one (1) or more radiation machines shall register with the radiological health service within ten (10) days of such receipt on forms to be provided for this purpose. Any change in ownership, location, or use of any radiation machine, or any extension, modification, alteration or termination of such […]
§ 68-202-209. Exemptions From Registration
No person shall be required to register due to the ownership or possession of the following: Electrical equipment not primarily intended to produce radiation and which does not produce radiation at any point which may be occupied by a person at a rate exceeding three fourths (¾) of one (1) milliroentgen per hour; Radiation machines […]
§ 68-202-210. Information Obtained Inadmissible in Evidence in Certain Actions
Information obtained from studies made in accordance with this part shall not be admissible in evidence in any action at law to recover damages for personal injury or in any action under the Workers’ Compensation Law, compiled in title 50, chapter 6.
§ 68-202-211. Provisions Supplemental
This part shall not be construed as repealing any laws of this state relating to radiation sources or exposures, radiation protection or professional licenses but shall be held and construed as auxiliary and supplementary thereto.
§ 68-202-212. Civil and Criminal Penalties
Any person violating any of this part, any order issued in accordance with this part, or any rule, regulation or standard adopted pursuant to this part, or failing to pay a lawfully levied fee, commits a Class A misdemeanor. Each day of continued violation constitutes a separate punishable offense. Any person who violates or fails […]
§ 68-202-213. Injunctions
In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County […]
§ 68-202-214. Show Cause Meetings — Written Complaints — Emergency Orders
Upon receipt of information that any person is or may be in violation of any of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary […]
§ 68-202-215. Operators of Radiation Machines
This section applies to operators of radiation machines used for medical purposes on human beings (“medical radiation machines”) and is supplementary to the other provisions of this chapter. During the course of conducting inspections of medical radiation machines, the department shall determine if the operator of such equipment is required by law to be certified […]
§ 68-202-216. [reserved.]
The commissioner shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is kept confidential and is not revealed to any person without the consent of the person supplying such information; except that such information may be utilized by the commissioner, the department, […]