Radiation Safety (General) Amendment Regulations (No. 3) 1997 (WA)

11 November 19971	GOVERNMENT GAZETTE, WA	6209
HEALTH
HE301
RADIATION SAFETY ACT 1975

RADIATION SAFETY (GENERAL) AMENDMENT REGULATIONS (No. 3) 1997

Made by the Governor in Executive Council.

Citation

1.     These regulations may be cited as the Radiation Safety (General)

Amendment Regulations (No. 3) 1997.

Commencement

2.     These regulations come into operation 3 months after the day on which

they are published in the Gazette.

Principal regulations

3.     In these regulations the Radiation Safety (General) Regulations 1983*

are referred to as the principal regulations.

which an image is created following exposure to x-rays;

r Reprinted as at 4 April 1995.

For amendments to 21 October 1997 see 1996 Index to Legislation

of Western Australia, Table 4, pp. 225-6 and Gazette 22 July and .19 August 1997.1

Regulation 3 amended

4.     Regulation 3 (1) of the principal regulations is amended by inserting in

the appropriate alphabetical positions the following definitions —

ft

"chest screening" means plain radiography of the chest authorized under a written law for occupational or public health reasons;

"general supervision" means the exercise of control over radiation safety without the person exercising such control necessarily being present at the registered premises or field site;

"image receptor" means x-ray film, fluorescent screen, image
intensifier input phosphor or electronic device in or from

6210 GOVERNMENT GAZETTE, WA [11 November 1997

"licensed", in relation to a person, means that the person is the holder of a relevant licence under the Act;

"low powered irradiating apparatus" means irradiating apparatus registered for the purpose of medical radiography (other than mammography or dental radiography) that has a maximum rating of 100 kV(peak) at 100 mA or

100 kV(peak) and 1 microfarad;

"mammography screening" means mammography conducted without a referral from a medical practitioner;

"personal supervision" means the exercise of control over

radiation safety by the person exercising such control being
present on the registered premises or field site;

"plain radiography" means an x-ray examination during the

course of which -

(a)	the x-ray tube and film remain stationary; and
(b)	no contrast medium is introduced into the patient;

"podiatrist" means podiatrist as defined by section 3 of the

Podiatrists Registration Act 1984;

"radiation oncologist" means a medical practitioner with

qualifications in radiation oncology that are recognized by
the Royal Australasian College of Radiologists;

"radiation therapist" means a person with qualifications in the application of radiation for therapeutic purposes that are recognized by the Australian Institute of Radiography or are approved;
"radiographer" means a person with qualifications in diagnostic

radiography that are recognized by the Australian Institute
of Radiography or are approved;

"radiologist" means a medical practitioner with qualifications in

diagnostic radiology that are recognized by the Royal
Australasian College of Radiologists;

"x-ray operator" means a person who has attended an approved course of training and has passed an examination in radiation safety and radiographic techniques for plain radiography of the chest and extremities;

Regulation 34 repealed and a regulation substituted

5.      Regulation 34 of the principal regulations is repealed and the following

regulation is substituted -

Exemption from licensing in relation to irradiating apparatus

34. (1) The followingpersons are exempt for the purposes of sections 25 and 27 of the Act -

a dentist or other person authorized by

(a)	regulation 38 (1) operating or using irradiating apparatus registered for dental radiography;
(b)	a physiotherapist who refers a patient to a radiologist at approved premises for plain radiography of the
shoulder or extremities; spine, pelvic girdle, hip joints, sacro-iliac joints, chest,
(c)	a podiatrist who refers a patient to a radiologist at approved premises for plain radiography of the foot or ankle; and

11 November 19971 GOVERNMENT GAZETTE, WA 6211

(d) a person operating or using irradiating apparatus in registration under the Act. respect of which there is an exemption from

Regulation 38 repealed and a regulation substituted

6.     Regulation 38 of the principal regulations is repealed and the following

regulation is substituted -

Restrictions on use of irradiating apparatus

38. (1) A person shall not use irradiating apparatus for dental radiography unless the person is -

(a)	a dentist;
(b) a radiographer acting on the instructions of a dentist	or a medical practitioner;
(c)	aperson with dental ancillary qualifications using the irradiating apparatus on the instructions of a dentist for-
(i) imagereceptor, working under the general

radiography of the teeth using an intra-oral

supervision of a dentist or a radiographer;

(ii)	lateral oblique radiography of thejaws working	under the general supervision of a centist or
radiographer; or
(iii)	working under the personal supervision of a
panoramic or cephalometric radiography,
dentist or radiographer;
or

(d) aperson training for qualifications as a dentist or

dental ancillary qualifications, using the irradiating
apparatus on the instructions of a dentist an
working under the personal supervision of a dentist
or a radiographer.

radiographer, or enrolled in a course of training for

radiography unless the person is - (2) A person shall not use irradiating apparatus for medical

(a)	a licensed radiologist;
(b)	general supervision of a licensed radiologist;

a radiographer working under the direction and

(c)	general supervision of a licensed radiation oncologist a radiation therapist working under the direction and
and using the apparatus for purposes related to the planning of therapeutic treatments for patients;
(d)	an x-ray operator, whose proficiency has been assessed by an approved radiographer within the

previous 12 months, working under the direction and general supervision of a licensed medical practitioner and using low powered irradiating apparatus -

(i) for plain radiography of the chest, clavicle, scapula, shoulder the upper extremity distal to

the shoulder, the knee including the lower third of the femur, and lower extremity distal to the knee; or

(ii)     for radiography, other than radiography

outside the metropolitan region (as defined in described in subparagraph (i), that is performed

6212 GOVERNMENT GAZETTE, WA [11 November 1997

Planning Scheme Act 1959), and is, in the opinion of the medical practitioner referring the	section 6 of the Metropolitan Region Town
patient, essential for the immediate medical care of the patient;

(e) a medical practitioner training for qualifications in

diagnostic radiology working under the direction and

general supervision of a licensed radiologist; or

(f)	a person enrolled in a course of training in diagnostic radiography or radiation therapy that is recognized
by the Australian Institute of Radiography and working under -
(i) licensed radiologist or a licensed radiation

the direction and general supervision of a

oncologist; and

(ii)     the personal supervision of a radiographer or a

radiation therapist.

use irradiating apparatus for mammography screening unless - (3) Notwithstanding subregulation (2), a person shall not

(a) of Clinical Proficiency in Mammography issued by the the person is a radiographer who holds a Certificate

Australian Institute of Radiography or can provide evidence of equivalent training or experience; and

(b) the person is working under the direction and general

supervision of a licensed radiologist.

use irradiating apparatus for chest screening unless the person is (4) Notwithstanding subregulation (2), a person shall not

a radiographer, or an x-ray operator, working under the direction

and general supervision of a licensed medical practitioner.

on human beings unless the person is - (5) A person shall not use fluoroscopic irradiating apparatus

(a) a licensed radiologist or a licensed radiation oncologist;

(b) a medical practitioner training for qualifications in working under the direction and general supervision of a licensed radiologist or licensed radiation oncologist;

diagnostic radiology or radiation oncology and (c) a licensed medical practitioner with specialist

qualifications (other than a person to whom

apparatus -	paragraph (a) or (b) applies) who is using the
(i)	for a purpose relevant to those qualifications;

and

(ii)     in the presence of a radiographer who has

responsibility for positioning and manipulatin

the apparatus, minimizingpatient an
personnel radiation exposure and maintaining
the records required by the conditions of the
registration;

(d) a medical practitioner training for specialist qualifications (other than a person to whom

paragraph (b) applies) who -

(i)	has attended an approved course of training and has passed an examination in radiation safety;
(ii)	general supervision of a licensed medical

is using the apparatus under the direction and

practitioner; and

11 November 19971 GOVERNMENT GAZETTE, WA 6213

(iii) is using the apparatus for a purpose relevant to radiographer who has responsibility for positioning and manipulating the apparatus, minimizing patient and personnel radiation exposure and maintaining the records required by the conditions of the registration; those qualifications in the presence of a

(e) a radiographer using the apparatus as part of a procedure while working under the direction and

personal supervision of a licensed radiologist or a licensed radiation oncologist who is responsible for that procedure; or

(f) a radiographer or a radiation therapist using the

apparatus as part of a procedure where -

(i) conventional radiography is inadequate; and

(ii) the licensed radiologist or licensed radiation given permission for such use. oncologist responsible for that procedure has

chiropractic radiography unless the person is - (6) A person shall not use irradiating apparatus for

(a)	a licensed chiropractor; or
(b)	general supervision of a licensed chiropractor or a

a radiographer working under the direction and

licensed radiologist.

for the treatment of human beings unless the person is - (7) A person shall not use therapeutic irradiating apparatus

(a)	a licensed medical practitioner;
(b)	general supervision of a licensed medical practitioner;

a radiation therapist working under the direction and

(c)	a medical practitioner training for qualifications in radiation oncology working under the direction and
general supervision of a licensed radiation oncologist; or
(d)	a person enrolled in a course of training for radiation therapy that is recognized by the Australian Institute

of Radiography and working under the direction and general supervision of a licensed radiation oncologist

and under the personal supervision of a radiation

therapist.

veterinary radiography unless the person is - (8) A person shall not use irradiating apparatus for

(a)	a licensed veterinary surgeon;
(b)	a veterinary surgeon working under the direction and

personal supervision of a licensed veterinary surgeon;

a radiographer working under the direction and

(c) general supervision of a licensed veterinary surgeon;

a licensed radiographer acting on the instructions of a

(d)	veterinary surgeon;
(e)	surgeon and working under the direction and a person training for qualifications as a veterinary

personal supervision of a licensed veterinary surgeon or under the personal supervision of a radiographer; or

(1)       a person who holds or is training for qualifications in veterinary nursing practice recognized by the Council

6214 GOVERNMENT GAZETTE, WA [11 November 1997

and is working under the direction and personal

supervision of a licensed veterinary surgeon.

veterinary fluoroscopy unless the person is — (9) A person shall not use irradiating apparatus for

(a)	a licensed veterinary surgeon;
(b)	veterinary radiology and working under the general a veterinary surgeon training for qualifications in
supervision of a licensed veterinary surgeon or licensed radiologist; or
(c)	a radiographer using the apparatus as part of a procedure under the direction and personal
supervision of the licensed veterinary surgeon responsible for that procedure.

therapeutic treatment of animals unless the person is — (10) A person shall not use irradiating apparatus for the

(a)	a licensed veterinary surgeon;
(b)	a licensed medical practitioner performing the

treatment at the request of a veterinary surgeon;

(c) a veterinary surgeon training for qualifications in veterinary radiotherapy and working under the

direction and general supervision of a licensed veterinary surgeon or licensed medical practitioner; or

(d) a radiation therapist performing the treatment at the request of a licensed veterinary surgeon and working under the direction and general supervision of a licensed veterinary surgeon or a licensed medical practitioner.

radiography or fluoroscopy on human remains unless the person (11) A person shall not use irradiating apparatus for

is —

(a)	a licensed radiologist; or
(b)	a radiographer, or a mortuary or research worker who

has attended an approved course of training, who —

(i)	has the written approval of the registrant to perform approved procedures for researchers nominated by the registrant; and
(ii)	is working under the direction and general

supervision of a licensed medical practitioner.

radiography or fluoroscopy on animals for the purposes of (12) A person shall not use irradiating apparatus for research unless the person is —

(a) a licensed radiologist, a licensed veterinary surgeon

or a licensed research worker; or

(b) a radiographer, or a research worker who has

attended an approved course of training, who —

(i) has the written approval of the registrant to

perform approved procedures for researchers

nominated by the registrant; and

(ii)     is working under the direction and general supervision of a licensed radiologist, a licensed

veterinary surgeon or a licensed research
worker.

regulations to operate or use irradiating apparatus shall do so in (13) A person who is permitted by the Act and these accordance with the requirements set out in Schedule XI.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.