1. A. Except as specified in R9-7-1412 or R9-7-1414, the requirements in this Section do not apply to radiofrequency sources registered according to R9-7-1302(F)(8) or (12).

2. B. Radiofrequency Equipment Safety: A registrant shall:

   1. 1. Except as specified in subsection (C), operate a radiofrequency source regulated under this Article in a manner that will prevent human exposure that exceeds the applicable maximum permissible exposure specified in IEEE Std C95.1-2019, Institute of Electrical and Electronics Engineers Standard for Safety Levels with Respect to Human Exposure to Electric, Magnetic, and Electromagnetic Fields, 0 Hz to 300 GHz, which is incorporated by reference, is available at https://standards.ieee.org/ieee/C95.1/4940/, is on file with the Department, and includes no future editions or amendments;

   2. 2. Ensure that any individual operating a radiofrequency source has:

      1. a. Been trained on the safe use of the radiofrequency source, and
      2. b. Demonstrated competency in the safe use of the radiofrequency source;

   3. 3. Ensure that:

      1. a. A radiofrequency source is operated within the manufacturer’s specifications, and
      2. b. The manufacturer’s user manual for the radiofrequency source is available on-site;
   4. 4. Post each point of access to a radiofrequency controlled area with a sign, alerting a viewer, that meets the specifications in the IEEE standard incorporated in subsection (B)(1);
   5. 5. Ensure that a sign, required according to subsection (B)(4), is placed in a location so that viewing the sign does not require human exposure to radiofrequency radiation that exceeds the applicable maximum permissible exposure;
   6. 6. Post operating procedure restrictions or limitations, used to prevent unnecessary or excessive exposure to radiofrequency radiation, in a location visible to the operator;
   7. 7. If required to operate a radiofrequency device in a controlled area, employ visual or audible indicators of radiofrequency emission that function only during the production of radiation;

   8. 8. If a source of radiofrequency emissions is physically separate from the source’s means of activation by a distance greater than two meters:

      1. a. Place a visual or an audible emission indicator at the source and the point of activation, and
      2. b. Ensure that each visual emission indicator is placed in a location so that viewing the indicator does not require human exposure to radiofrequency radiation that exceeds the applicable maximum permissible exposure;
   9. 9. Inspect each safety device, a mechanism incorporated into a radiofrequency device that is designed to prevent human exposure to excessive radiofrequency radiation, for proper operation at least once every six months and document the inspection;
   10. 10. If a machine emits radiofrequency radiation that can be rotated or moved to direct the radiofrequency beam in different directions for scanning purposes, ensure that the machine cannot, as the result of scan failure or any other malfunction, cause a change in angular velocity or amplitude, allowing human exposure that exceeds the applicable maximum permissible exposure; and
   11. 11. Physically secure each radiofrequency device to prevent unauthorized use and tampering.

3. C. A registrant may exceed the applicable maximum permissible exposure at frequencies between:

   1. 1. 300 kHz and 100 GHz, if exposure conditions can be shown by facility procedures to produce specific absorption rates (SARs) above 0.4 watts per kilogram, averaged over the whole body, and spatial peak SAR values above 8 watts per kilogram, averaged over 1 gram of tissue; or
   2. 2. 300 kHz and 1 GHz, if the radiofrequency input power to the radiating device is seven watts or less.

4. D. Radiofrequency Compliance Measurements: For obtaining measurements to determine compliance with subsection (B)(1) or (C), a registrant shall:

   1. l. Use an instrument capable of measuring the field strength and frequency of radiation;
   2. 2. Ensure that each instrument used for compliance measurements is calibrated at least once every 12 months in a manner that meets the standards in the IEEE standard incorporated in subsection (B)(1);

   3. 3. Ensure that measurement of the electric and magnetic field strength is:

      1. a. Obtained at an emission frequency of 300 megahertz or less,
      2. b. Monitored at a distance of five centimeters or greater from any object,
      3. c. Averaged over a six‑minute period for pulsed and continuous modes of radiofrequency emission and corrected for duty cycle in determining the average field strength, and
      4. d. Expressed in terms of power density;

   4. 4. For compliance measurements of exposure conditions in the near field region:

      1. a. Obtain measurements of both the electric and magnetic field components at an emission frequency of 300 megahertz or less; and
      2. b. Use the mean squared electric and magnetic field strengths, using the applicable maximum permissible exposure referenced according to subsection (B)(1), in calculating the applicable protection standards;

   5. 5. For compliance measurements of exposure conditions in the in far field region:

      1. a. Use measurements of power density in milliwatts per square centimeter or the calculated equivalent plane wave power density, based on measurement of either the electric or magnetic field strength; and
      2. b. Use the power density values, using the applicable maximum permissible exposure referenced according to subsection (B)(1), in calculating the applicable protection standards;
   6. 6. For mixed or broadband fields at frequencies for which there are different protection standards, determine the fraction of the applicable maximum permissible exposure incurring within each frequency interval, with the sum of all the fractions not exceeding unity (1); and
   7. 7. Maintain a record of compliance measurements for Department inspection for at least three years after the date of the compliance measurement.

5. E. Reporting of Radiofrequency Radiation Incidents: A registrant shall:

   1. 1. Immediately report to the Department a known or suspected personnel exposure to radiofrequency radiation that exceeds 500% of an applicable maximum permissible exposure;
   2. 2. Report to the Department, within 24 hours, a known or suspected personnel exposure to radiofrequency radiation that exceeds 150% of an applicable maximum permissible exposure and is less than 500% of the applicable maximum permissible exposure;
   3. 3. Report in writing to the Department, within 15 days, any other known or suspected personnel exposure to radiofrequency radiation that exceeds the applicable maximum permissible exposure; and
   4. 4. Maintain a record of the report of exposure for at least three years after the date of the report.

6. F. Medical Surveillance for Workers Who May Be Exposed to Radiofrequency Radiation: Upon a request by the Department, a registrant shall:

   1. 1. Offer to provide a medical examination to an individual exposed to radiofrequency radiation reported to the Department according to subsection (E); and
   2. 2. If an individual undergoes a medical examination, according to subsection (F)(1), provide a copy of the results of the medical examination to the Department.
7. G. Microwave Ovens: A person shall register with the Department any microwave oven that does not meet the requirements in 21 CFR 1030.10, January 20, 2002, which is incorporated by reference, is published by the Office of Federal Register National Archives and Records Administration, is available at https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?FR=1030.10, is on file with the Department, and includes no future editions or amendments.

Historical Note

New Section R9-7-1404 recodified from R12-1-1404 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

by 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).