3 CCR 713-16
INTRODUCTION BASIS. The authority for promulgation of these rules and regulations by the State Board of Medical Examiners is set forth in Sections 12-36-104(1)(a), C.R .S. and 12-36-202(1)(a), C.R.S. PURPOSE. These rules have been adopted by the State Board of Medical Examiners to minimize the potential harm to the public during exposure to ionizing radiation used for diagnostic purposes. Consistent with the intent of the General Assembly, these rules and regulations establish the method by which satisfactory completion of minimum educational and training standards is to be demonstrated by each unlicensed person prior to administration of radiation. It should be noted that the Board encourages education and training beyond the required minimum.
RULES AND REGULATIONS REGARDING EDUCATION AND TRAINING STANDARDS FOR UNLICENSED PERSONNEL EXPOSING IONIZING RADIATION Due to the variety of clinical situations in which diagnostic x-ray techniques are utilized outside the hospital setting, and given the various levels of training and experience which may be required of unlicensed personnel who operate x-ray equipment outside of the hospital setting, the Board concludes that a uniform education and training curriculum is impractical, but competency demonstration is necessary to adequately protect the public health, safety and welfare. Following consultation with the Colorado Medical Society, the Colorado Radiological Society, and licensed physicians as required by Section 12-36-202(2), C.R.S., and following a public rulemaking hearing, the Board has determined that contribution to public protection can be achieved by requiring persons, not possessing a medical license, who operate machine sources of ionizing radiation or who administer such radiation to patients for diagnostic medical use, to demonstrate competency via certification by the Colorado Department of Public Health and Environment or otherwise as determined by the Board. 1. These rules and regulations apply to all unlicensed persons in medical settings other than hospitals and similar facilities licensed by the Department of Health pursuant to Section 25-1-107, C.R.S. 2. No physician shall allow any unlicensed person to operate a machine source of ionizing radiation or to administer such radiation to any patient for a diagnostic medical purpose unless such unlicensed person has met the requirements set forth herein.
3. All unlicensed medical personnel exposing ionizing radiation must be appropriately certified as a limited scope operator by the Colorado Department of Public Health and Environment. 4. The Board shall review the Colorado Department of Public Health and Environment’s criteria for certification of limited scope operators on an annual basis. 4. Strict application of the provisions of these rules and regulations may not be appropriate in every instance. Wherever it may be proposed to depart from the provisions of this rule, the Board may waive some or all of the above requirements, providing that after receiving such evidence as the Board may require, the Board determines that:
(a) the granting of such a waiver would be consistent with the legislative declaration set forth in C.R.S. 12-36-201; and (b) compliance with the applicable rules and regulations from which a waiver is sought would create an unreasonable burden on the physician or the physician’s employee. (c) It is anticipated that such waivers would be granted only under rare circumstances.