Radiation Safety Amendment Regulation (No. 1) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 69 Radiation Safety Act 1999 RADIATION SAFETY AMENDMENT REGULATION (No. 1) 2000 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of pt 3 (Standard conditions for certain Act instruments) . . . . 3 PART 3—ACT INSTRUMENTS 8A Notification of change of circumstances—Act, s 92(2) . . . . . . . . . . 3 5 Amendment of s 23 (Radiation practices involving the carrying out of a diagnostic, therapeutic or cosmetic procedure involving the irradiation of a person—Act, s 28(6)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Insertion of new s 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 35A Mineral substances that are not radioactive substances . . . . . . . . . . 4 7 Insertion of new pt 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 8A—AUTHORISED PERSONS 39A Authorised persons for diagnostic or therapeutic procedures—Act, s 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 43 (Exemption from requirement for use licence—Act, s 210) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Amendment of s 51 (Abrasive blasting material containing radionuclides—Act, s 210) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Insertion of new pts 9A and 9B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 9A—REGISTERS 53A Register of licensees—Act, s 207 . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Radiation Safety Amendment (No. 1) No. 69, 2000 53B Register of accredited persons—Act, s 207 . . . . . . . . . . . . . . . . . . . . 7 53C Register of qualified persons—Act, s 207 . . . . . . . . . . . . . . . . . . . . . 8 53D Register of inspectors—Act, s 207 . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 53E Register of State radiation analysts—Act, s 207 . . . . . . . . . . . . . . . 8 PART 9B—DISCLOSURE OF PROTECTED INFORMATION 53F Disclosure of protected information . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s 57 (Waiver of fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Insertion of new s 57A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 57A Waiver of fees—undergraduates’ professional development year . . 9 13 Insertion of new schedule 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SCHEDULE 3A AUTHORISED PERSONS PART 1—DIAGNOSTIC PROCEDURES PART 2—THERAPEUTIC PROCEDURES 14 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

s1 3 s4 Radiation Safety Amendment (No. 1) No. 69, 2000 ˙ Short title 1. This regulation may be cited as the Radiation Safety Amendment Regulation (No. 1) 2000 . ˙ Commencement 2. Section 11 is taken to have commenced on 1 January 2000. ˙ Regulation amended 3. This regulation amends the Radiation Safety Regulation 1999 . ˙ Amendment of pt 3 (Standard conditions for certain Act instruments) 4. Part 3, heading— omit, insert — ‘ PART 3—ACT INSTRUMENTS ˙ ‘ Notification of change of circumstances—Act, s 92(2) ‘ 8A. For section 92(2) 1 of the Act, the changes in the holder’s circumstances are the following— (a) for a holder of a licence, a change in any of the following— (i) the licence holder’s name; (ii) if the licence is a use licence and the licence holder is a health practitioner or a veterinary surgeon— (A) the licence holder’s accreditation, enrolment or registration as a health practitioner or a veterinary surgeon; or (B) a condition attaching to the accreditation, enrolment or registration; (b) for a holder of an accreditation certificate, a change in either of the 1 Section 92 (Notification of change in circumstances)

s5 4 s6 Radiation Safety Amendment (No. 1) No. 69, 2000 following— (i) the certificate holder’s name; (ii) the certificate holder’s contact details; Examples of contact details — Address, telephone number, facsimile number, email address. (c) for the holder of a continuing approval to acquire, a change in the approval holder’s name; (d) for the holder of a radiation safety officer certificate, a change in the certificate holder’s name.’. ˙ Amendment of s 23 (Radiation practices involving the carrying out of a diagnostic, therapeutic or cosmetic procedure involving the irradiation of a person—Act, s 28(6)) 5. Section 23(3), second and third definitions “relevant information”, ‘25’— omit, insert — ‘45’. ˙ Insertion of new s 35A 6. Part 8, division 1, after section 35— insert — ˙ ‘ Mineral substances that are not radioactive substances ‘ 35A.(1) This section applies to a person who possesses a mineral substance that is a radioactive material but that is not a radioactive substance. ‘ (2) The person must ensure that another person does not receive a total effective dose from ionising radiation emitted from the substance that is— (a) for public exposure of the other person—more than 1 mSv a year; or

s7 5 s8 Radiation Safety Amendment (No. 1) No. 69, 2000 (b) for occupational exposure of the other person—more than 20 mSv a year. Maximum penalty—20 penalty units.’. ˙ Insertion of new pt 8A 7. After section 39— insert — ‘ PART 8A—AUTHORISED PERSONS ˙ ‘ Authorised persons for diagnostic or therapeutic procedures—Act, s 41 ‘ 39A.(1) For section 41(1) 2 of the Act— (a) for a diagnostic procedure stated in schedule 3A, part 1, column 1, a person stated in schedule 3A, part 1, column 2 opposite the procedure is an authorised person; and (b) for a therapeutic procedure stated in schedule 3A, part 2, column 1, a person stated in schedule 3A, part 2, column 2 opposite the procedure is an authorised person.’. ˙ Amendment of s 43 (Exemption from requirement for use licence—Act, s 210) 8.(1) Section 43, paragraphs (b) to (g)— renumber as paragraphs (c) to (h). (2) Section 43— insert — ‘(b) a radiation apparatus used for industrial gauging;’. (3) Section 43(e) as renumbered under subsection (1), ‘sealed radioactive substance’— 2 Section 41 (Diagnostic or therapeutic procedures)

s 9 6 s 10 Radiation Safety Amendment (No. 1) No. 69, 2000 omit, insert — ‘radiation source’. (4) Section 43— insert — ‘(i) a sealed radioactive substance used for static elimination.’. ˙ Amendment of s 51 (Abrasive blasting material containing radionuclides—Act, s 210) 9. Section 51(4), ‘For’ to ‘material is’— omit, insert — ‘Further, material that is, under subsection (3), exempt from section 12 of the Act is also’. ˙ Insertion of new pts 9A and 9B 10. After section 53— insert — ‘ PART 9A—REGISTERS ˙ ‘ Register of licensees—Act, s 207 ‘ 53A. For section 207(2) 3 of the Act, the register the chief executive must keep about licensees must contain the following information about a licensee— (a) the licensee’s name; (b) the licence number; (c) the licence type; (d) the expiry date of the licence; (e) any conditions on the licence; 3 Section 207 (Register to be kept)

s 10 7 s 10 Radiation Safety Amendment (No. 1) No. 69, 2000 (f) if the licensee is a possession licensee— (i) particulars of the radiation source the licensee is allowed to possess; and (ii) the radiation practice for which the licensee is allowed to possess the source; (g) if the licensee is a use licensee— (i) particulars of the radiation source the licensee is allowed to use; and (ii) the radiation practice the licensee is allowed to carry out using the source; (h) if the licensee is a transport licensee— (i) particulars of the radioactive substance the licensee is allowed to transport; and (ii) how the substance is to be transported; and (iii) the amount of the substance the licensee is allowed to transport at a time. ˙ ‘ Register of accredited persons—Act, s 207 ‘ 53B. For section 207(2) of the Act, the register the chief executive must keep about accredited persons must contain the following information about an accredited person— (a) the accredited person’s name; (b) the accreditation certificate number; (c) the expiry date of the accreditation certificate; (d) any conditions on the accreditation certificate; (e) the type of radiation source or premises for which the accredited person may issue a certificate; (f) the accredited person’s contact details. Examples of contact details — Address, telephone number, facsimile number, email address.

s 10 8 s 10 Radiation Safety Amendment (No. 1) No. 69, 2000 ˙ ‘ Register of qualified persons—Act, s 207 ‘ 53C. For section 207(2) of the Act, the register the chief executive must keep about qualified persons must contain the following information about a qualified person— (a) the qualified person’s name; (b) the radiation safety officer certificate number; (c) the expiry date of the radiation safety officer certificate; (d) any conditions on the radiation safety officer certificate; (e) the radiation practice for which the qualified person may perform the functions of a radiation safety officer. ˙ ‘ Register of inspectors—Act, s 207 ‘ 53D. For section 207(2) of the Act, the register the chief executive must keep about inspectors must contain the following information about an inspector— (a) the inspector’s name; (b) if the inspector is appointed for a term—the term of the appointment; (c) any conditions of the inspector’s appointment. ˙ ‘ Register of State radiation analysts—Act, s 207 ‘ 53E. For section 207(2) of the Act, the register the chief executive must keep about State radiation analysts must contain the following information about a State radiation analyst— (a) the State radiation analyst’s name; (b) if the State radiation analyst is appointed for a term—the term of the appointment; (c) any conditions of the State radiation analyst’s appointment.

s 11 9 s 12 Radiation Safety Amendment (No. 1) No. 69, 2000 ‘ PART 9B—DISCLOSURE OF PROTECTED INFORMATION ˙ ‘ Disclosure of protected information ‘ 53F. For section 209(4) 4 of the Act, the purposes for which protected information may be disclosed by the chief executive are as follows— (a) for the development of a plan to avoid or limit the impact of an emergency situation upon persons, property or the environment; (b) to enable persons dealing with an emergency situation to know the hazards, or possible hazards, the persons may face in dealing with the emergency situation.’. ˙ Amendment of s 57 (Waiver of fees) 11. Section 57, heading— omit, insert — ‘ Waiver of fees—general ’. ˙ Insertion of new s 57A 12. After section 57— insert — ˙ ‘ Waiver of fees—undergraduates’ professional development year ‘ 57A.(1) This section applies to a graduate practitioner who, after 31 December 1999— (a) undertakes his or her professional development year; and (b) applies for a use licence to carry out a diagnostic or therapeutic procedure involving the irradiation of another person during the person’s professional development year. ‘ (2) The application fee payable under this regulation for the licence is not 4 Section 209 (Confidentiality of information)

s 13 10 s 13 Radiation Safety Amendment (No. 1) No. 69, 2000 payable by the graduate practitioner. ‘ (3) In this section— “accrediting body” means the Australian Institute of Radiography or the Australian and New Zealand Society of Nuclear Medicine. “graduate practitioner” means a person who— (a) is a graduate from an undergraduate medical radiation science degree course accredited by an accrediting body, regardless of the title of the course; or (b) is assessed by an accrediting body to be the equivalent of a person mentioned in paragraph (a). “professional development year” means the period, the equivalent of 48 weeks full time work, during which a graduate practitioner must work under the guidance of another practitioner before the graduate practitioner is recognised as an accredited practitioner by an accrediting body.’. ˙ Insertion of new schedule 3A 13. After schedule 3— insert —

s 13 11 s 13 Radiation Safety Amendment (No. 1) No. 69, 2000 ‘ SCHEDULE 3A ‘ AUTHORISED PERSONS section 39A ‘ PART 1—DIAGNOSTIC PROCEDURES Diagnostic procedure Authorised person ‘ 1. Intra-oral and A person registered as a dentist under the extra-oral dental Dental Act 1971 . diagnostic radiography of the teeth and facial bones 2. Intra-oral bitewing A person holding the operative dental dental diagnostic auxiliary prescribed designation of school radiography dental therapist under the DentalBy-law1988 , if the intra-oral bitewing dental radiography is to be performed under a protocol for intra-oral bitewing dental radiography approved by the chief executive. 3. Plain film diagnostic A medical practitioner or a person radiography undergoing a period of training or internship as a medical practitioner as required by the Medical Board of Queensland. 4. Plain film diagnostic A person registered as a dentist under the radiography of the Dental Act 1971 . hand and wrist 5. Plain film diagnostic A person registered as a podiatrist under the radiography of the Podiatrists Act 1969 . foot and ankle

s 13 12 s 13 Radiation Safety Amendment (No. 1) No. 69, 2000 6. Plain film diagnostic A person registered as a registered nurse radiography of the under the Nursing Act 1992 , who is— c( d h i e s s t t al a t n o d th e e x s tr h e o m u i l t d i e e r s (a) esemrvpilcoeyefadcilaitty awhpicuhblhicas asepcrtootrochoel, aflothr and hip ) requesting diagnostic radiography, approved by the chief executive; and (b) approved to request X-rays under the protocol for the public sector health service facility at which the person is employed. 7. Plain film diagnostic A person who— radiography of the neuromusculoskeletal system (a) is registered as a chiropractor and osteopath under the Chiropractorsand Osteopaths Act 1979; and (b) either— (i) holds a chiropractic qualification; or (ii) was registered under section 18(1)(c) of the ChiropractorsandOsteopathsAct 1979 as in force immediately before the commencement of the ChiropracticManipulativeTherapistsActAmendmentAct1988 , section 9. 8. Plain film diagnostic The chief executive, for screening for radiography of the tuberculosis, under a protocol for chest tuberculosis screening approved by the chief executive, of a person who presents at a public sector health service facility which undertakes screening procedures for tuberculosis.

s 13 13 s 13 Radiation Safety Amendment (No. 1) No. 69, 2000 9. Mammography The chief executive, for mammography, under a protocol for breast cancer screening approved by the chief executive, of a woman who— (a) presents at a BreastScreen Queensland Service for the purpose of breast cancer screening; and (b) is eligible to participate in the Queensland Health BreastScreen Queensland Program; and (c) signs the “BreastScreen Queensland Consent for Screening Mammogram” form. 10. C o m p u t e d A person who is— tmomamomgroagphrayp, hy and (a) rdeigagisntoersetidc arsadaioslpoegcyiaulinsdt eirn tthhee M fie e l d d ic o a f l Act 1939 ; or (b) a medical practitioner and undergoing a period of training in the field of diagnostic radiology. 11. C o m p u t e d If the procedure to be carried out by the t o m o g r a p h y , treating practitioner is part of a radiation mammography and oncology procedure—a person who is— dbeonnseitometry mineral (a) rreadgiisatteiorend oanscaolsopgeyciaulnisdterinththee M fie e l d d ic o a f l Act 1939 ; or (b) a medical practitioner and undergoing a period of training in the field of radiation oncology. 12. Fluoroscopy A person who is— (a) registered as a specialist under the Medical Act 1939 ; or (b) a medical practitioner and undergoing a period of training as a specialist.

s 13 14 s 13 Radiation Safety Amendment (No. 1) No. 69, 2000 13. Bone mineral A person who is— densitometry (a) registered as a specialist in the field of diagnostic radiology, nuclear medicine or endocrinology under the Medical Act1939 ; or (b) a medical practitioner and undergoing a period of training in the field of diagnostic radiology, nuclear medicine or endocrinology. 14. Diagnostic medicine nuclear A person who is— (a) registered as a specialist in the field of nuclear medicine under the Medical Act1939 ; or (b) a medical practitioner and undergoing a period of training in the field of nuclear medicine. 15. In vivo tests for A person who is— pathology involving (a) registered as a specialist in the field of the use of unsealed pathology under the Medical Act 1939 ; radioactive substances or (b) a medical practitioner and undergoing a period of training in the field of pathology. 16. Diagnostic procedures A person who is— liansveorlvapinpgaratthues use of (a) uandmeregdoicinagl paracpteitriioonder, ofortraainipnegrsoonr internship as a medical practitioner as required by the Medical Board of Queensland; or (b) registered as a dentist under the DentalAct 1971 .

s 13 15 s 13 Radiation Safety Amendment (No. 1) No. 69, 2000 ‘ PART 2—THERAPEUTIC PROCEDURES Therapeutic Procedure Authorised Person 17. Treatment of A person who is— malignant and benign conditions involving the use of radiation sources (a) registered as a specialist in the field of radiation oncology under the MedicalAct 1939 ; or (b) a medical practitioner and undergoing a period of training in the field of radiation oncology. 18. Treatment of benign A person who holds a written approval from conditions involving the chief executive, stating the person is the use of unsealed competent to carry out the procedure and radioactive substances who is— (a) registered as a specialist in the field of nuclear medicine under the Medical Act1939 ; or (b) a medical practitioner and undergoing a period of training in the field of nuclear medicine.

s 13 16 s 13 Radiation Safety Amendment (No. 1) No. 69, 2000 19. Treatment of A person— malignant conditions involving the use of unsealed radioactive substances (a) who holds a written approval from the chief executive, stating the person is competent to carry out the procedure; and (b) who is— (i) registered as a specialist in the field of nuclear medicine under the Medical Act 1939 ; or (ii) a medical practitioner and undergoing a period of training in the field of nuclear medicine; and (c) whose decision to request the procedure is in accordance with a decision, about the desired outcome of the treatment, made by the person and a person registered as a specialist in the field of radiation oncology under the MedicalAct 1939. 20. Treatment of skin A person— ulesseions ionfvolvinsgealtehde (a) who is— radioactive substances (i) registered as a specialist in the field of dermatology under the MedicalAct 1939 ; or (ii) a medical practitioner and undergoing a period of training in the field of dermatology; and (b) whose decision to request the procedure is in accordance with a decision, about the desired outcome of the treatment, made by the person and a person registered as a specialist in the field of radiation oncology under the MedicalAct 1939.

s 13 17 s 13 Radiation Safety Amendment (No. 1) No. 69, 2000 21. Treatment of eye A person who is— lesions involving the (a) registered as a specialist in the field of use of sealed radioactive substances ophthalmology under the MedicalAct1939 ; or (b) a medical practitioner and undergoing a period of training in the field of ophthalmology. 22. Treatment of vascular A person— stenosis (a) who is— (i) registered as a specialist in the field of cardiology, vascular surgery or diagnostic radiology under the Medical Act 1939 ; or (ii) a medical practitioner and undergoing a period of training in the field of cardiology, vascular surgery or diagnostic radiology; and (b) whose decision to request the procedure is in accordance with a decision about the desired outcome of the treatment, made by the person and another person who is— (i) registered as a specialist in the field of nuclear medicine under the MedicalAct1939 and holds a written approval from the chief executive stating the person is competent to carry out the procedure; or (ii) registered as a specialist in the field of radiation oncology under the Medical Act 1939 .

18 Radiation Safety Amendment (No. 1) No. 69, 2000 23. T h e r a p e u t i c A person who is— procedures involving the use of laser apparatus (a) a medical practitioner, or a person undergoing a period of training or internship as a medical practitioner as required by the Medical Board of Queensland; or (b) registered as a dentist under the Dental Act 1971 .’. ˙ Amendment of sch 6 (Dictionary) 14.(1) Schedule 6— insert — ‘ “public sector health service” has the meaning in the Health Services Act1991 , section 2. 5 “veterinary surgeon” has the meaning in the VeterinarySurgeonsAct1936, section 3. 6 (2) Schedule 6, definition “cabinet radiation apparatus”, paragraph (b), ‘things’ to ‘purposes.’— omit, insert — ‘— (i) things for security, or quality control, purposes; or (ii) excised tissue for pathology purposes.’. 5 Health Services Act 1991 , section 2 (Definitions) 6 Veterinary Surgeons Act 1936 , section 3 (Definitions)

19 Radiation Safety Amendment (No. 1) ENDNOTES 1. Made by the Governor in Council on 20 April 2000. 2. Notified in the gazette on 20 April 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Health. © State of Queensland 2000 No. 69, 2000