1. A. Except as provided in subsection (B), a person shall not use a device that produces nonionizing radiation regulated under this Article unless the device is registered by the Department.

2. B. The following are exempt from the requirements in this Article:

   1. 1. A device that produces nonionizing radiation that is in storage or in transit to or from storage, and
   2. 2. A device designed to produce nonionizing radiation that has been rendered incapable of producing radiation.

3. C. A person shall submit to the Department an application in subsection (D) for registration of each facility operated by the person in which a device that produces nonionizing radiation is located:

   1. 1. For a new facility registration:

      1. a. Within 30 calendar days after taking possession of the device, and
      2. b. Before the first use of the device;
   2. 2. For registration renewal, at least 30 calendar days before the expiration of the registration; and
   3. 3. For a change in the name, address, or ownership of the facility or a point of contact in a current registration with the Department, within 30 calendar days after the change.

4. D. A person submitting to the Department an application for registration of a facility in which a device that produces nonionizing radiation is located shall include:

   1. 1. The following information, in a Department-provided format:

      1. a. Whether the application is for:

         1. i. A new facility registration;
         2. ii. A registration renewal; or
         3. iii. An amendment or change in the name, address, or ownership of the facility or a point of contact in a current registration with the Department and, if so, a description of the change;
      2. b. Except for a new facility registration, the registration number and the number of the current registration amendment;
      3. c. The legal business name of the facility and any other names under which the facility operates;
      4. d. The physical address of the facility and the mailing address and billing address, if different from the physical address;

      5. e. The name, title, telephone number, and email address of one or more contact individuals for:

         1. i. Questions about operation, and
         2. ii. Billing questions or issues;

      6. f. Whether the applicant is:

         1. i. A governmental entity and, if so, the type of governmental entity; or
         2. ii. A business organization and, if so, the type of business organization;

      7. g. If the applicant is a corporation:

         1. i. The name of the state of incorporation and, as applicable, either the Arizona Corporation Commission entity identification number or the similar entity identification number of the state of incorporation; and
         2. ii. The names of the owners of 10% or more of the corporation;
      8. h. If the applicant is a partnership, the name and address of each partner and percentage of ownership;
      9. i. If the applicant is a sole proprietorship, the name of the owner;
      10. j. The type of nonionizing radiation and application type for which the device that produces nonionizing radiation will be used;
      11. k. Whether the applicant agrees to allow the Department to submit supplemental requests for information under A.R.S. § 41-1075(A);
      12. l. An attestation that the applicant will comply with all applicable requirements of this Article;
      13. m. An attestation that the information and documents submitted to the Department are true and correct; and
      14. n. The name, signature, and date of signature of the individual submitting the application to the Department;

   2. 2. For a new facility registration application:

      1. a. For an individual named according to subsection (D)(1)(g)(ii), (h), or (i), as applicable, documentation that complies with A.R.S. § 41-1080;
      2. b. If the applicant is a governmental entity, documentation verifying the type of governmental entity;
      3. c. If the applicant is a corporation, a copy of the applicant’s articles of incorporation or articles of organization;
      4. d. If the applicant is a partnership, a copy of the applicant’s partnership documents, including the names, addresses, and percentage of ownership of all partners;
      5. e. The application for device registration in subsection (E);
      6. f. For an application for registration under R9-7-1302(F)(1), specific to phototherapy, the information and documents in subsection (G);
      7. g. For an application for registration under R9-7-1302(F)(2), (3), (4), or (5), the information and documents in subsection (F);
      8. h. For an application for registration under R9-7-1302(F)(6) or (7), the information and documents in subsections (F) and (G); and
      9. i. For an application for registration under R9-7-1302(F)(8) or (12), the information and documents in subsection (G);

   3. 3. As applicable for an application for registration renewal under:

      1. a. R9-7-1302(F)(1), specific to phototherapy, the information and documents in subsection (G);
      2. b. R9-7-1302(F)(2), (3), (4), or (5), the information and documents in subsection (F);
      3. c. R9-7-1302(F)(6) or (7), the information and documents in subsections (F) and (G); and
      4. d. R9-7-1302(F)(8) or (12), the information and documents in subsection (G);

   4. 4. For a change to the information specified in subsection (D)(1)(c), (d), or (e):

      1. a. The updated information in a Department-provided format; and
      2. b. If applicable, documentation to support the change; and
   5. 5. If applicable, the fee specified in Table 13.1.

5. E. For each device that produces nonionizing radiation, a person shall:

   1. 1. Submit an application to the Department in any of the following situations:

      1. a. To add a device to a registration:

         1. i. Within 30 calendar days after taking possession of the device, and
         2. ii. Before the first use of the device;
      2. b. To remove a device from a registration, within 30 calendar days after the registrant no longer has possession of the device; or

      3. c. To replace one device with another device in a registration:

         1. i. Within 30 calendar days after taking possession of the new device, and
         2. ii. Before the first use of the new device;

   2. 2. Include in the application in subsection (E)(1) the following information, in a Department-provided format:

      1. a. Whether the person is a current registrant with the Department and, if so, the registration number and the number of the current registration amendment;
      2. b. The name, address, telephone number, and email address of the facility where the device will primarily be located;
      3. c. If the device will be at the location temporarily as a rental, borrowed unit, or demonstration model, the dates during which the device will be located at the facility;
      4. d. The type of device;

      5. e. If adding or replacing a device, including a temporary device in subsection (E)(2)(c), information about the new device, including:

         1. i. The manufacturer of the device;
         2. ii. The model of the device, including a model number;
         3. iii. The name, address, and telephone number of the person from whom the device was purchased or otherwise obtained; and
         4. iv. The name and either the telephone number or email address of a point of contact for the person specified according to subsection (B)(1)(e)(i);

      6. f. If removing or replacing a device, including a temporary device in subsection (E)(2)(c), information about the device being removed or replaced, including:

         1. i. The manufacturer of the device;
         2. ii. The model of the device, including a model number;
         3. iii. The unit or line number of the device on the current registration amendment; and
         4. iv. The disposition of the device, including, if the device is being transferred, the name, address, telephone number, and email address of the person to which the device is being transferred;
      7. g. Whether the applicant agrees to allow the Department to submit supplemental requests for information under A.R.S. § 41-1075(A);
      8. h. An attestation that the information and documents submitted to the Department are true and correct; and
      9. i. The name and signature of the individual submitting the application to the Department and date of submission; and
   3. 3. If applicable, pay the fee specified in Table 13.1.

6. F. If required under subsection (D)(2) or (3), the Laser Safety Officer for a person registering a facility or renewing a facility registration shall submit to the Department:

   1. 1. The following information, in a Department-provided format:

      1. a. The name and address of the facility and, if applicable, the facility’s registration number;
      2. b. The name, title, telephone number, and email address of the Laser Safety Officer;
      3. c. An attestation that the Laser Safety Officer understands the responsibilities of being a Laser Safety Officer and will comply with the requirements in R9-7-1409 and, if applicable, R9-7-1412; and
      4. d. The signature of the Laser Safety Officer and date signed; and

   2. 2. Either:

      1. a. Documentation of the Laser Safety Officer’s completion of training that meets the requirements in R9-7-1410; or
      2. b. For a Laser Safety Officer for a facility under R9-7-1412 or R9-7-1414, an attestation, signed and dated by the prescribing health professional in subsection (G), that the Laser Safety Officer has completed training that complies with the requirements in R9-7-1410, including the location and date of the training.

7. G. If required under subsection (D)(2) or (3), the prescribing health professional, who is using or providing supervision for the use of a device producing nonionizing radiation for diagnostic or therapeutic purposes or for a cosmetic procedure for the person registering a facility or renewing a facility registration, shall submit to the Department:

   1. 1. The following information, in a Department-provided format:

      1. a. The name and address of the facility and, if applicable, the facility’s registration number;
      2. b. The name, title, telephone number, email address, and professional license number of the prescribing health professional;

      3. c. An attestation that the prescribing health professional:

         1. i. Is permitted by the prescribing health professional’s scope of practice to use the applicable device producing nonionizing radiation for diagnostic or therapeutic purposes or for a cosmetic procedure,
         2. ii. Has completed any training required by the prescribing health professional’s regulatory board or rules adopted under this Article for the use of the device producing nonionizing radiation for diagnostic or therapeutic purposes or for a cosmetic procedure,
         3. iii. Is responsible for the use of the device producing nonionizing radiation for diagnostic or therapeutic purposes or for a cosmetic procedure, and
         4. iv. Will comply with the applicable requirements in this Article;

      4. d. If using the device producing nonionizing radiation for cosmetic procedures, an attestation that the prescribing health professional:

         1. i. Is qualified in accordance with A.R.S. § 32-3233 and R9-7-1414(D);
         2. ii. If applicable, will provide indirect supervision of a laser technician certified under 9 A.A.C. 16, Article 7, using the device producing nonionizing radiation for hair removal; and
         3. iii. If applicable, will provide direct supervision of a laser technician certified under 9 A.A.C. 16, Article 7, using the device producing nonionizing radiation for a cosmetic procedure other than hair removal; and
      5. e. The signature of the prescribing health professional and date signed;
   2. 2. A copy of the prescribing health professional’s professional license; and
   3. 3. Proof of training applicable to the device and application.
8. H. The Department shall review an application and issue or deny a registration to an applicant as specified in R9-7-1223.
9. I. Except as provided in subsection (J), the registration of a facility or a device, issued according to subsection (H), expires at the end of the day on the expiration date stated on the registration.
10. J. If an application for renewal of registration is filed by the registrant at least 30 days before the expiration of the registration, the registration does not expire until a final determination is made by the Department on the renewal application.
11. K. A registrant shall notify the Department within 30 days of any change to the information contained in the registration.

Historical Note

New Section R9-7-1402 recodified from R12-1-1402 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

R9-7-1402 renumbered to R9-7-1401; new Section R9-7-1402 renumbered from R9-7-1401 and amended by final expedited rulemaking at 32 A.A.R. 721 (March 27, 2026, Issue 13) with an immediate effective date of March 5, 2026 (Supp. 26-1).